HomeMy WebLinkAbout20060_Townsend Siler City Amendment_PCPkg_20211109NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Townsend & Acme -McCrary Site
Brownfields Project Number: 20060-16-019
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Amendment to a Notice of
Brownfields Property for the particular brownfields project referenced above is attached hereto; the
proposed Amended Brownfields Agreement, which is attached to the proposed Amendment to Notice of
Brownfields Property as Exhibit A, contains the other required elements of this Notice. Written public
comments may be submitted to DEQ within 30 days after the latest of the following dates: the date the
required summary of this Notice is (1) published in a newspaper of general circulation serving the area in
which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3)
mailed or delivered to each owner of property contiguous to the Brownfields Property. Written requests
for a public meeting may be submitted to DEQ within 21 days after the period for written public comments
begins. Those periods will start no sooner than November 19, 2021, and will end on the later of. a) 30 and
21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the latest of the
three (3) above -referenced dates. All comments and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
BF Townsend Siler City/20060-16-019/09Nov2021
1
SUMMARY OF AMENDMENT TO NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Townsend & Acme -McCrary Site
Brownfields Project Number: 20060-16-019
Pursuant to NCGS § 130A-310.34, Mountaire Farms Inc., as Prospective Developer, has filed
with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop
a Brownfields Property ("Property") in Siler City, Chatham County, North Carolina. The Brownfields
Property, which is the former site of the Townsend Inc. chicken processing plant, Acme -McCrary
warehouse, Glendale Hosiery, and other commercial uses, consists of 70.983 acres and was originally
comprised of five parcels in Siler City with the following addresses: 1100, 1101 and 1200 East Third
Street; 1240 and 1314 East Eleventh Street. On June 27, 2017, the Prospective Developer combined the
five parcels into two existing parcel identification numbers: Parcel ID 16852 and Parcel ID 61441.
Parcel ID 16852 is the result of combining the parcels located at 1100 and 1200 East Third Street, which
are now both addressed as 1200 East Third Street. Parcel ID 61441 is the result of combining the parcels
located at 1101 East Third Street and 1240 and 1314 East Eleventh Street, which are now all addressed
as 1101 East Third Street. Mountaire Farms Inc. requested that DEQ amend the Notice and Brownfields
Agreement in order to incorporate an additional 34.033 acres of property along East Raleigh Street
identified as the Smith Property (Parcel ID 16864), which brings the total surveyed acreage of the
Brownfields Property to 70.983 acres. Environmental contamination exists on the Brownfields Property
in groundwater, soil and stream sediment. Mountaire Farms Inc. has committed itself to no uses other
than industrial, warehousing, medical and health -related services for employees and their dependents,
office, and associated parking uses on the Brownfields Property. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Amended Brownfields Agreement between DEQ and
Mountaire Farms Inc., which in turn includes (a) a map showing the location of the Property, (b) a
description of the contaminants involved and their concentrations in the media of the Property, (c) the
above -stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Amendment to 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 20060-16-019 into the search bar at
the following web address:
https://edocs.deq.nc.gov/WasteManagcment/Wcicome.aspx?dbid=0&repo=WasteMana em�ent.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than November 19, 2021, and will end on the later
of. a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the
latest of the three (3) above -referenced dates. All public comments and public meeting requests should
be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Townsend Siler City/20060-16-019/09Nov2021
Prepared by NCDEQ. Return to:
Brian Rosenthal
Rose Law Firm, a Professional Association
120 E. Fourth Street
Little Rock, AR 72201-2893
Property Owner: Mountaire Farms Inc.
Amendment recorded in Book , Page
Associated Amended Survey Plat recorded in Plat Book , Page
AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY
AND TO BROWNFIELDS AGREEMENT
Site Name: Townsend & Acme -McCrary Site
Brownfields Project Number: 20060-16-019
This AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND BROWNFIELDS
AGREEMENT ("Amendment", as well as the Survey Plat component, is entered into effective as of this
day of , 2021 by the North Carolina Department of Environmental Quality ("DEQ") and
Mountaire Farms Inc. ("Prospective Developer"), and the owner of the Brownfields Property.
WHEREAS, a Notice of Brownfields Property was recorded on September 21, 2017 in Book 01947,
Page 0946 (with the associated plat recorded in Plat Book 2017, Page 310-311) at the Chatham County Register
of Deeds (the "Notice") pursuant to the Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et.
Seq. (the "Act"). A Brownfields Agreement between DEQ and Prospective Developer (the `Brownfields
Agreement") was attached to the Notice as Exhibit A;
WHEREAS, the Prospective Developer requested in writing that DEQ amend the Notice and
Brownfields Agreement in order to incorporate an additional 34.033 acres of property along East Raleigh Street,
Siler City, owned by the Prospective Developer and identified as the Smith Property (Chatham County parcel
ID 16864) into the Brownfields Property;
WHEREAS, the Prospective Developer has established through environmental sampling and risk
assessment conducted through the North Carolina Brownfields Program that such incorporation is acceptable to
DEQ;
Amendment/Townsend Siler City/20060-16-019/09Nov2021
WHEREAS, the Prospective Developer has provided an Amended Exhibit 1 — Site Vicinity Map, an
Amended Exhibit B to the Notice of Brownfields Property — Survey Plat, and an Amended Exhibit C to the
Notice of Brownfields Property — Legal Description to include said 34.033 acre property; and
WHEREAS, DEQ has agreed that the Notice and the Brownfields Agreement be so amended, and the
undersigned has been delegated the authority by the Secretary of DEQ to execute this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth below, the
receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto represent to
each other and agree as follows:
i. The Notice and the Brownfields Agreement attached thereto are hereby amended as follows:
The Brownfields Property shall be defined as including all property that is defined on the Amended Exhibit B
and Amended Exhibit C attached hereto in place of the property defined in the original Notice recorded on
September 21, 2017 in Book 01947, Page 0946. All references to the Brownfields Property acreage shall be
corrected to 70.983 acres. The Amended Exhibit B to the Notice of Brownfields Property — Survey Plat attached
hereto dated September 22, 2021 is recorded in the Chatham County Register of Deeds, Plat Book
, Page
ii. Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Amendment shall be recorded in the
Chatham County Registry and indexed on the grantor index in the name of the Prospective Developer and on
the grantee index in the name "Secretary of Environmental Quality." Also, if practicable, a marginal entry shall
be made on the Notice showing the date of amendment and the book and page where the Amendment is
recorded.
The undersigned has been delegated the authority by the Secretary of DEQ to execute this Amendment.
[signatures on following pages]
2
Amendment/Townsend Siler City/20060-16-019/09Nov2021
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and
year first above written:
DEQ:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Name: Michael E. Scott
Title: Director, Division of Waste Management
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
Amendment/Townsend Siler City/20060-16-019/21May2021
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and
year first above written:
Prospective Developer:
STATE OF
COUNTY
Mountaire Farms Inc.
Ra
Phillip Plylar
President
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: Phillip Plylar, President of Mountaire Farms Inc.
Date:
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Amendment/Townsend Siler City/20060-16-019/21May2021
4
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Mountaire Farms Inc.
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project # 20060-16-019
L INTRODUCTION
AMENDED
BROWNFIELDS AGREEMENT re:
Townsend & Acme -McCrary Site
1100, 1101, and 1200 East Third
Street; 1240 and 1314 East Eleventh
Street; & unaddressed parcel on East
Raleigh Street
Siler City, Chatham County
This Amended Brownfields Agreement ("Agreement") is entered into by the North
Carolina Department of Environmental Quality ("DEQ") and Mountaire Farms Inc. (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
sue. (the "Act"). The previously recorded brownfields agreement subject property included five
tax parcels with the following addresses: 1100, 1101, and 1200 East Third Street; 1240 and 1314
East Eleventh Street in Siler City, Chatham County, NC, which effective June 27, 2017 was
combined into two tax parcels and addressed as 1101 East Third Street and 1200 East Third
Street; as amended under this agreement, an additional parcel, known as the Smith Property, with
no assigned address along East Raleigh Street has been added (the `Brownfields Property"). A
map showing the location of the Brownfields Property that is the subject of this Amended
Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Mountaire Farms Inc., which is a subsidiary of Mountaire
Corporation of Little Rock, Arkansas. Mountaire Farms Inc. operates in North Carolina as
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Mountaire Farms of North Carolina Corp. Both Mountaire Farms Inc. and Mountaire Farms of
North Carolina Corp. operate under the same corporate officers and through the same principal
office located at 29292 John J. Williams Highway, Millsboro, Delaware 19966. The principal
officer of Mountaire Farms Inc. is Phillip Plylar, President, whose office is located at 29292 John
J. Williams Hwy, Millsboro, Delaware. The Prospective Developer proposes to develop the
property for no uses other than industrial, warehousing, medical and health -related services for
employees and their dependents, office, and associated parking uses. A map showing the
location of the property which is the subject of this Agreement is attached hereto in Exhibit 1.
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 Mountaire Farms Inc. for contaminants at the Brownfields Property.
The Parties agree that Mountaire Farms Inc.'s entry into this Agreement, and the actions
undertaken by Mountaire Farms Inc. in accordance with the Agreement, do not constitute an
admission of any liability by Mountaire Farms Inc. for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit Mountaire Farms Inc. shall
provide to DEQ, is in the public interest.
2
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Mountaire Farms Inc.
III. STATEMENT OF FACTS
3. The Brownfields Property originally comprised five parcels in Siler City totaling 34.3
acres with the following addresses: 1100, 1101, and 1200 East Third Street, and 1240 and 1314
East Eleventh Street. On June 27, 2017, the Prospective Developer combined the five parcels
into two existing parcel identification numbers: Parcel ID 16852 and Parcel ID 61441. Parcel ID
16852 is the result of combining the parcels located at 1100 and 1200 East Third Street, which
are now both addressed as 1200 East Third Street. Parcel ID 61441 is the result of combining
the parcels located at 1101 East Third Street and 1240 and 1314 East Eleventh Street, which are
now all addressed as 1101 East Third Street. A sixth parcel, an approximately 34.033-acre parcel
with no assigned address known as the Smith Property has been added to the Brownfields
Property (Parcel ID 16864) in 2021. With the addition of the sixth parcel and adjustments based
on the recombination of parcels, the total acreage of the Brownfields Property is 70.983 acres.
This includes a portion of East Third Street that has been ordered closed by the Town of Siler
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
City (Town of Siler City Order Permanently Closing a Portion of East Third Street in the Town
of Siler City entered August 30, 2021) as delineated on the plat component of the Amendment to
Notice of Brownfields Property (hereinafter the "Notice of Brownfields Property" referenced
below in paragraph 20. Prospective Developer has committed itself to redevelopment for no uses
other than industrial, warehousing, medical and health -related services for employees and their
dependents, office, and associated parking uses.
4. The Brownfields Property is bordered to the north by NC Highway 64 with an Acme -
McCrary warehouse and other commercial property beyond; to the east-northeast by an Express
Care oil change facility and gasoline station and a NC DOT facility; to the southeast by a jewelry
store (which formerly operated as a gasoline station); to the south by undeveloped land, Loves
Creek with residential land, and one industrial operation, Engineered Plastic Components
beyond; and to the west by a former auto body repair shop, drycleaner, and residential
development along E. Tenth Street.
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
Report of Phase I Environmental Site
Duncklee & Dunham, P.C.
June 1, 2016
Assessment, Former Townsend Plant and
Acme McCrary Warehouse
Revised Report of Phase I Environmental Site
Duncklee & Dunham, P.C.
June 8, 2016
Assessment, Former Townsend Plant and
Acme McCrary Warehouse
2
Amended BFA Townsend Siler City/20060-16-019/09NoQ021
Title
Prepared by
Date of Report
Report of Phase I Environmental Site
Duncklee & Dunham, P.C.
June 9, 2016
Assessment, Former Townsend Office
Property
Report of Asbestos -containing Materials
Duncklee & Dunham, P.C.
June 16, 2016
Survey, Former Townsend Plant
Report of Surveys for Asbestos -containing
Duncklee & Dunham, P.C.
June 20, 2016
Materials and Lead -based Paint, Former
Acme McCrary Warehouse
Letter Report of Groundwater Assessment,
Duncklee & Dunham, P.C.
June 20, 2016
Former Townsend Plant and Acme McCrary
Warehouse
Addendum Letter, Reports of Phase I ESA
Duncklee & Dunham, P.C.
July 29, 2016
Addendum
Report of Pre -Demolition Asbestos Survey
Duncklee & Dunham, P.C.
January 13, 2017
Report of Phase I Environmental Site
Duncklee & Dunham, P.C.
January 20, 2017
Assessment, Relax Inn and Rey de Gloria
Pentecostal Church
Revised Report of Phase I Environmental Site
Duncklee & Dunham, P.C.
January 23, 2017
Assessment, Relax Inn and Rey de Gloria
Pentecostal Church
Data Gap Assessment Report, Mountaire
Duncklee & Dunham, P.C.
February 7, 2017
Siler City Processing Plant
Letter Report of Groundwater Assessment,
Duncklee & Dunham, P.C.
April 26, 2017
Relax Inn and Rey de Gloria Pentecostal
Church
Phase I Environmental Site Assessment, Gary
Waters Edge
September 5,
L. Smith and Sarah S. Smith, Trustees
Environmental, LLC
2019
Properties
September 2019 Phase II Environmental Site
Waters Edge
October 11,
Assessment, Gary L. Smith and Sarah S.
Environmental, LLC
2019
Smith, Trustees Properties
Data Gap Assessment Letter Report
SynTerra, Science &
En inee ing Consultants
February 2, 2021
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property originally consisted of five parcels totaling 34.3
acres formerly located at 1100, 1101, and 1200 East Third Street; and 1240 and 1314 East
Eleventh Street. On June 27, 2017, these five parcels were combined into two existing parcels as
described above in paragraph 3. Two parcels were used historically for textile, warehousing, or
food production purposes. Two parcels have been used for primarily commercial purposes since
the 1970s. The fifth parcel was initially a residence, but was later converted to office use. A
sixth parcel, added with this amended agreement was agricultural, residential, or undeveloped
land. A summary of the recent ownership and operational history of each parcel is provided
below:
i. The parcel at 1100 East Third Street (formerly parcel ID 16850, now
part of parcel ID 16852) was originally a residence from 1961 until sometime between 1983 and
1993. Prior to 1961, this parcel was undeveloped. A small stream and a sanitary sewer right-of-
way transect a portion of this parcel. Currently it is partially wooded and undeveloped, except for
a one-story, approximately 7,500 square foot commercial office building and gravel parking area
that were constructed at this parcel by at least 1995, a center for medical and health care services
and associated parking, and a portion of the industrial wastewater treatment operations. The
building was originally used as office space for the nearby Townsend Inc. chicken -processing
plant from at least 1995 through 2013. After Townsends Inc. vacated the building, it was used by
0
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
multiple commercial tenants, including most recently, a realty office. In February 2011, as part
of the sale of assets through the bankruptcy court, Townsends Inc., conveyed the property to
Omtron USA LLC with successive owners of record being OM -NC LLC and Genie R. Coble.
Mountaire Farms Inc., the Prospective Developer, purchased the property in September 2016.
ii. The parcel at 1101 East Third Street (parcel ID 61441) has been used as
a live chicken -processing plant since at least 1961 until 2011, when plant operations ceased. The
plant was owned and operated by Carolina Poultry, Inc. until Townsend Inc. purchased the plant
in 1986 and maintained operations until 2011. Currently, this plant site is occupied by a
remodeled, partial two-story processing plant. The plant buildings are of tilt -up concrete panel,
concrete block, and metal construction on slab -on -grade concrete foundations, except the office
building which is constructed on footings with wood siding. Parking areas are either gravel or
surfaced with asphalt. Prior to the original construction, this parcel was undeveloped. Three
water supply wells used for production purposes were installed in the southwestern area of the
plant site (WSW-1, WSW-2, and WSW-3). A 1.6 million gallon above ground storage tank
(AST) formerly used for treating production water, was recently removed and disposed of
offsite, leaving a concrete pad in the northwestern corner of the plant site. Two concrete USTs
for the disposal of chicken offal were located on the eastern side of the plant building. Two
underground storage tanks (USTs), one gasoline and one diesel, were formerly located on the
southern side of the maintenance building. Three pad -mounted transformers, two of which were
marked as non -PCB, and two pole -mounted transformers were used at the plant site. In February
7
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
2011, as part of the sale of assets through the bankruptcy court, Townsends, Inc., conveyed the
property to Omtron USA LLC with successive owners of record being OM -NC LCC and
Southeast Land Holdings LLC. Mountaire Farms Inc., the Prospective Developer, purchased this
parcel from Southeast Land Holdings LLC in September 2016.
iii. The parcel at 1200 East Third Street (parcel ID 16852) was originally
used for textile manufacturing by Glendale Hosiery Company since 1955, but by 2008 was used
also for warehousing by the Acme -McCrary Corporation, and later as an outlet store. Prior to
that this parcel was undeveloped. The warehouse building is constructed of brick with a slab -on -
grade concrete foundation. Support structures were constructed at this parcel from 1965 to 1993.
A wastewater retention pond was constructed at this parcel by 1993. ASTs for fire water, fuel oil
for the boilers, and propane were observed at this parcel, in addition to a non -PCB transformer to
the northeast of the warehouse. In June 2001, SI-Will Inc. #2, conveyed the property to A.W.
Schmidt Jr. & Associates with the successive owner being Chatham Warehouse Leasing LLC.
Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Chatham
Warehouse Leasing LLC in September 2016. Currently this parcel is used for industrial
wastewater treatment and for employee, truck, and trailer parking.
iv. The parcel at 1240 East Eleventh Street (former parcel ID 16770, now
part of parcel ID 61441) has been used as a motel since 1973, when the motel buildings were
constructed. Most recently, the motel was occupied by Relax Motor Inn, but previously was
operated under the name Bill's Motor Inn. Three buildings comprise the motel improvements;
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
two two-story buildings with rooms, and a one-story office building. The buildings are
constructed of concrete block and brick with slab -on -grade concrete foundations and the parking
areas are paved with asphalt. A pad -mounted transformer, which was not marked as to PCB
content, was located east of the westernmost motel building. Prior to this time this parcel was
undeveloped land. In December 2002, W.F. and V. Dorothy Collins, conveyed the property to
Patricia C. Perry and Jennifer H. Doerr, with Sunshine Lodge LLC acquiring this parcel in 2006.
Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Sunshine Lodge
LLC on March 16, 2017. Currently this parcel is used for a truck and trailer shipping dock.
v. The parcel at 1314 East Eleventh Street (former parcel ID 16658, now
part of parcel ID 61441) has been used for a variety of uses such as a merchandise store, thrift
store, gym, and a church since developed at least by 1955. This parcel most recently was
occupied by Rey de Gloria Pentecostal Church, but has been occupied in the past by This N That
Thrift and Tyler's Formal Wear, among other operators. Prior to this original construction
period, this parcel was undeveloped. The building on this parcel is constructed of concrete block
on a slab -on -grade concrete foundation. A pad -mounted transformer, which was not marked as to
PCB content, was observed on the southern side of the church building. In December 2002,
W.F. and Dorothy V. Collins conveyed the property to Patricia C. Perry and Jennifer H. Doerr
with successive owners being Jerry L. and Diane Y. Harris, and Sherwood Associates LLC in
2006. Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Sherwood
Associates LLC on April 3, 2017. Currently this parcel is used for a truck and trailer shipping
0
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
dock.
vi. The parcel known as the Smith Property (parcel ID 16864) is
approximately 34.033 acres and was primarily used historically for agricultural or residential
purposes. It was originally developed with a farmhouse circa 1850s, a wooden barn, and storage
sheds, although most of this parcel is largely undeveloped. Three streams converge from the
east, north and west to flow out of the southern boundary of this parcel into Loves Creek to the
south. Mountaire Farms, Inc., the Prospective Developer, purchased this parcel from the Smith
family trustees on February 25, 2021, which had been in the Smith family for decades.
b. Currently the Brownfields Property is developed with a two-story chicken
processing plant with several associated support buildings; a former textile mill most recently
used as a warehouse and a wastewater retention impoundment; a one-story office building; a
motel; a commercial building most recently used for church services, and associated parking
areas at each of the parcels. These structures will either be renovated, or razed for new
construction for the new chicken processing plant and associated uses planned at the Brownfields
Property. A portion of the Smith Property will be developed for employee parking with a
surface lot design and no enclosed structures.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Groundwater contamination with several volatile organic compounds,
including tetrachloroethylene, was detected in two of three deep onsite water supply wells at the
10
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
chicken processing plant parcel. Two of the water supply wells are planned to be used for supply
of non -contact cooling water only. Additional water needs may be supplied through the use of
one or more production water supply wells that may be installed at the Brownfields Property.
Concentrations of petroleum hydrocarbon compounds in groundwater were observed at the
former industrial parcels of the Brownfields Property stemming from the historic use of gasoline,
diesel, and fuel oil both on the Brownfields Property and likely from offsite sources.
b. A gasoline release from one of two petroleum hydrocarbon underground
storage tanks (USTs) installed in 1961 (1-10,000 gallon gasoline UST and 1-10,000 gallon diesel
fuel UST) was discovered on the 1101 E. Third Street parcel in August 2014. This resulted in the
closure and removal of the tanks, underground fuel lines, and about 412 tons of contaminated
soil in 2015, which were disposed of offsite (UST Section Incident Nos. 39838 & 39846).
c. A release from one or more of four USTs (1-15,000 gallon diesel fuel, 1-15,000
gallon fuel oil, 1-1,000 gallon gasoline, and 1-500 gallon fuel oil) originally registered to
Glendale Hosiery Company occurred on the 1200 East Third Street parcel (UST Section Incident
No. 10572). The 1,000 gallon gasoline and the 500 gallon fuel oil USTs were reportedly
removed from the property in 1979 and 1969, respectively. The two 15,000-gallon USTs
formerly located along the eastern side of the parcel, floated due to a high ground water table and
breached the asphalt pavement. This incident led to the removal of these two large capacity
USTs, about 3,000 gallons of contaminated groundwater from the resulting gasoline UST pit,
and about 200 tons of contaminated soil from this area in 1991. Additionally five cubic yards of
11
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
contaminated soil was removed from the area of two USTs formerly located on the southwestern
side of the building at the same time.
d. Townsend, Inc. was issued a Notice of Violation (NOV) by the DWM UST
Section on August 21, 2014 for the parcel at 1101 East Third Street due to UST violations. A
Notice of Regulatory Requirements (NORR) dated October 29, 2015 and another NORR dated
January 29, 2016, were issued by the DEQ UST Section in relation to Incident Number 39846 at
this parcel. Based on activities conducted in relation to this incident, the DEQ UST Section
issued a Conditional Notice of No Further Action on September 19, 2016, which required the
filing of a Notice of Residual Petroleum (NORP) on the property before a Notice of No Further
Action (NFA) could be issued. A NORP was filed for this portion of the Brownfields Property
on September 20, 2016 at the Chatham County register of deeds (Book 01881, Page 0230). This
recorded NORP contains perpetual land use restrictions for the chicken plant parcel as follows
verbatim:
Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial
use means a use where exposure to soil contamination is limited in time and does not involve
exposure to children or other sensitive populations such as the elderly or sick. The real property
shall not be developed or utilized for residential purposes, including but not limited to: primary
or secondary residences (permanent or temporary), schools, daycare centers, nursing homes,
playgrounds, parks, recreation areas and/or picnic areas.
Groundwater: New or replacement water supply wells of any kind shall not be installed
12
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
or operated on the site without prior notification to DEQ.
A NFA was issued in response to the NORP by the DEQ UST Section on November 29, 2016
for the chicken processing parcel at 1101 East Third Street.
e. A NOV was issued to Glendale Hosiery Mills for the textile/warehouse parcel
on January 22, 1992 by the NC DEHNR Groundwater Section related to an identified release of
petroleum hydrocarbons beneath one of the USTs at this parcel. In response Glendale Hosiery
Company conducted additional investigations of subsurface conditions from 1992 through at
least 1994.
£ Soil contaminants detected at the Brownfields Property include low
concentrations of arsenic site -wide, petroleum hydrocarbons associated with the former UST
systems, and polychlorinated biphenyls (PCBs).
g. Although a wastewater retention pond was located on the former warehouse
parcel at 1200 East Third Street, the 1100 East Third Street parcel was associated with an active
stormwater discharge permit (No. NCGNE0243) that was issued to Omtron USA LLC on
January 3, 2006. The Prospective Developer installed a new wastewater treatment plant system
in the same location.
h. A petroleum odor was detected only once in the church building at 1314 East
Eleventh Street in August 2014. The local fire chief and the natural gas company investigated
and determined that the odor was likely associated with petroleum or kerosene, and did not
investigate further. It is possible the odor may have been related to operational issues at the
13
Amended BFA Townsend Siler City/20060-16-019/09NoQ021
adjacent automotive maintenance or nearby gasoline station sites.
i. The groundwater, surface water, stream sediment, and shallow soil at the Smith
Property along East Raleigh Street was assessed due to the potential for releases from drums and
other debris observed at the property stemming from its past agricultural use, and the observation
of off -site groundwater contaminants from one nearby former gasoline station and past releases
at the former Townsend and Acme -McCrary plant sites.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on December 22, 2020. 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.
a. 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):
Results for Property Previously Recorded on September 21, 2017:
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
(µg/L)
Standard
(µg/L)
Benzene
MW-2
10/12/2016
1.86
1
Chloromethane
MW-2
10/12/2016
4.72
3
1,2-dichloroethane
DDMW-3
7/7/2016
1.30
0.4
14
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
(µg/L)
Standard
(µg/L)
Methyl tert-butyl ether
MW-1
5/20/2016
608
20
TMW-3
6/7/2016
230
TMW-9
6/9/2016
112
TMW-11
3/24/2017
878
TMW-13
3/24/2017
192
Tetrachloroethene
WSW-2
08/24/2016
17.5
0.7
WSW-3
8/24/2016
4.66
Results for the Smith Property — Subject of Amended Brownfields Agreement:
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
(µg/L)
Standard
(µg/L)
1, 1 -Dichloroethene
GEO-1
9/19/2019
15
350/71
Methyl-tert-butyl-ether
GEO-1
9/19/2019
140
20
Pentachloro henol
GEO-1
9/19/2019
7.OJ
0.3
1NC 2L groundwater standard is 7 µg/L when a private water well or public water system is
impacted; no water supply wells are located on this part of the Brownfields Property.
J — the reported value is between the laboratory method detection limit and the laboratory
method reporting limit.
b. Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(January 2021 version):
15
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Results for Property Previously Recorded on September 21, 2017:
Soil Contaminant
Sample
Location
Depth of
Sample (ft)
Date of
Sampling
Concentration
Above Screening
Level m /k
Industrial
Screening
Level m /k
Arsenic2
SB-1
1-2
9/20/2016
3.2
3.0
SB-2
1-2
9/20/2016
4.94
SB-3
1-2
9/20/2016
3.36
SB-3 Du
1-2
9/20/2016
3.03
SB-5
1-2
9/20/2016
6.82
SB-6
1-2
9/20/2016
4.92
SB-8
6-7
9/22/2016
3.25
Arsenic2
SB-8
6-7 Du
9/22/2016
3.6
3.0
SB-8
9-10
9/22/2016
4.07
SB-9
1-2
9/22/2016
4.01
SB-10
1-2
9/22/2016
7.24
SB-10
2-3
9/22/2016
4.55
HA-1
1-2
9/23/2016
3.04
HA-2
1
9/23/2016
3.92
HA-2 Dup
1
9/23/2016
3.54
CS-1
0-0.5
6/22/2017
3.01
CS-2
0-0.5
6/22/2017
3.14
CS-3
0-0.5
6/22/2017
7.10
Polychlorinated
Biphenyls High
Risk (as Total Non -
dioxin like
HA-33
0-0.5
9/23/2016
0.009025
0.95
Polychlorinated
Biphenyls (12
Dioxin -like
congeners)
HA-3
0-0.5
9/23/2016
0.000665
Congener -
specific
p-Isopropyltoluene
S-9A
0-4
5/20/2016
0.497
NS4
Phenanthrene
S-9A
0-4
5/20/2016
5.83
NS
C9-C 18 Aliphatics
medium
S-9A
0-4
5/20/2016
2,149
6.86
C9-C22 Aromatics
medium to high)
S-9A
0-4
5/20/2016
1,670.8
120
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
16
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 7.24 mg/kg, within
typical background concentrations observed in North Carolina soil, and within certain site -specific
residential use criteria for arsenic.
3Sample HA-3 is a composite sample comprised of four sub -samples, the locations of which are
provided on the Brownfields Survey Plat, Exhibit B to the Notice of Brownfields Property.
4NS — No standard established for this compound.
Smith Property — Subject of Amended Brownfields Agreement:
Soil Contaminant
Sample
Location
Date of
Sampling
Concentration
Above
Screening Level
(mg/kg)
Industrial Screening
Level 1(mg/kg)
Arsenic2
AOC-1 a
12/18/2020
4.8
3.0
AOC-2a Up
12/18/2020
5.9
AOC-3
12/18/2020
8.3
BMP-1
12/22/2020
3.5
BMP-2
12/22/2020
4.7
BMP-3 Dup
12/22/2020
3.6
SS-2
12/22/2020
3.2
SS-4
12/22/2020
4.2
SS-7
12/18/2020
5.2
SS-8
12/18/2020
4.5
SS-9
12/18/2020
4.0
SS-10
12/18/2020
3.7
SS-12-15
12/18/2020
3.2
SS-20-22
12/18/2020
3.3
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 8.3 mg/kg, within
typical background concentrations observed in North Carolina soil, and within certain site -specific
residential use criteria for arsenic.
17
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
c. Sediment sample contaminants in milligrams per kilogram, the screening levels
for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals
(PSRGs) of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2021
version):
Results for Property Previously Recorded on September 21, 2017:
Concentration
Sediment Contaminant
Sample
Location
Date of
Sampling
Above
Screening Level
Industrial Screening
Level 1(mg/kg)
(mg/kg)
Arsenic2
SED-1
9/23/2016
4.72
3.0
SED-2
9/23/2016
3.93
Benzo(g,h,i)perylene
SED-1
9/23/2016
0.0674
NS3
SED-2
9/23/2016
0.0491
SED-1
9/23/2016
0.0837
Phenanthrene
NS
SED-2
9/23/2016
0.0752
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
the concentrations of arsenic detected in site sediment range from 3.93 mg/kg to 4.72 mg/kg, within
the range of site -specific soil samples, typical background concentrations observed in North
Carolina soil, and within certain site -specific residential use criteria for arsenic.
3 NS — No standard established for this compound.
Smith Property — Subject of Amended Brownfields Agreement:
Industrial
Sediment
Date of
Concentration Above
Screening
Contaminant
Sample Location
Sampling
Screening Level
Level'
(mg/kg)
(mg/kg)
4-Isopropyltoluene
AOC-1 SED
9/19/2019
0.0023
NS
Benzo(g,h,i)perylene
AOC-2 UP SED
9/19/2019
0.36JD
NS
In
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Industrial
Sediment
Date of
Concentration Above
Screening
Contaminant
Sample Location
Sampling
Screening Level
Levels
(mg/kg)
(mg/kg)
AOC-2UP SED
9/19/2019
0.47JD
Phenanthrene
NS
AOC-1 SED
9/19/2019
0.60JD
NS — No screening level established
J — The reported value is between the laboratory method detection limit and the laboratory
method reporting limit.
D- The sample was analyzed at dilution.
d. Surface water contaminants in micrograms per liter, the standards for which are
derived from the North Carolina 15A NCAC 02B Water Quality Standards for Surface Waters
(June 2019 version):
Smith Property — Subject of Amended Brownfields Agreement:
Surface Water
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
(µg/L)
(µg/L)
Methyl-tert-butyl-ether
AOC-1 SW
9/19/2019
0.47J1
NS2
Bromodichloromethane
AOC-2UP
9/19/2019
0.87J
0.553
Pentachlorophenol
AOC-2
9/19/2019
6.9J
1.04
Down SW
1 J — the reported value is between the laboratory method detection limit and the laboratory
method reporting limit.
2NS — No surface water standard or other water quality criteria established
3NC In -Stream Target Values for Surface Waters (June 2019 version)
4NC 2B standard for chlorinated phenols
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
19
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
submitting to DEQ a Brownfields Property Application (BPA) dated July 29, 2016, a revised
BPA dated February 13, 2017, a revised BPA dated August 4, 2020, and the following:
a. On September 22, 2016, Prospective Developer purchased three parcels of the
Brownfields Property located at 1100, 1101, and 1200 East Third Street;
b. On March 16, 2017, Prospective Developer purchased one parcel of the
Brownfields Property located at 1240 East Eleventh Street;
c. On April 3, 2017, Prospective Developer purchased one parcel of the
Brownfields Property located at 1314 East Eleventh Street;
d. On June 27, 2017, Prospective Developer combined the five tax parcels
comprising the Brownfields Property into two existing parcel;
e. In late 2016, Prospective Developer commenced demolition of certain structures
and began building renovations; and
£ On February 25, 2021, Prospective Developer purchased the Smith Property, a
parcel located along East Raleigh Street with no assigned address.
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-
20
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, which for this amendment
resulted in an additional fee of $8,000.
21
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. an increase in the Brownfields Property's productivity;
c. the creation of at least 700 permanent jobs in addition to the shorter -term
renovation and construction jobs;
families; and
d. an increase in tax revenue for affected jurisdictions;
e. additional parking, and medical and health services for employees and their
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
22
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) or Living Environmental Management Plan (LEMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. The Notice of Residual Petroleum, previously recorded pursuant to N.C. Gen.
Stat. § 14313-279.9 and N.C. Gen. Stat. § 14313-279.11 in the Chatham County Register of
Deeds, Book 01881, Page 230-234 on September 20, 2016, shall immediately be SUPERSEDED
upon the filing of the Notice of Brownfields Property. 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 industrial,
warehousing, medical and health -related services for employees and their dependents, office,
associated parking uses, and subject to DEQ's prior written approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. "Industrial" is defined as the assembly, fabrication, processing,
23
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
warehousing or distribution of goods or materials. For purposes of this agreement, it includes
food production uses including poultry processing.
ii. Warehousing" is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport business among
others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
iii. "Medical and health care services" is defined as the provision of
general wellness and health screenings, primary care, low level urgent care, and occupational
health services.
professional services.
iv. "Office" is defined as a location used for the provision of business or
v. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
24
Amended BFA Townsend Siler City/20060-16-019/09NoQ021
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;
paragraph 8 above;
ii. issues related to potential sources of contamination referenced in
ill. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
25
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ, except that:
26
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
i. the owner of the Brownfields Property shall retain access to the use of
two existing onsite water supply wells (WSW-1 and WSW-3), and may install additional water
supply wells at the Brownfields Property for industrial purposes only in accordance with
applicable local and state regulations while fully protecting public health and the environment,
and with a minimum of 10 days notice to the DEQ representative referenced in paragraph 35.a.;
ii. existing and any new water supply wells shall be operated and
maintained under the following provisions:
1. water supply wells shall be used for non -contact, cooling water
uses only and shall not be used for potable or domestic use;
2. water supply wells shall be maintained in accordance with
applicable local and state regulations;
3. waste purge water from any water supply well onsite and waste
cooling water will be conveyed along with production water to an on -site pretreatment plant and
discharged to the local POTW under an approved discharge permit;
4. the installation of new water supply wells shall be noticed at
least 10 days in advance to DEQ; and
5. water supply wells shall be tested periodically under a DEQ-
approved plan and the results submitted to the DEQ representative referenced in paragraph 35.a.
in accordance with a schedule agreed to by DEQ.
£ Surface water at the Brownfields Property may not be used for any purpose,
27
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
g. No activity that disturbs soil or sediment on the Brownfields Property as
delineated on the plat component of the Notice of Brownfields Property referenced below in
paragraph 20, may occur unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
H. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 15.b.
h. Neither DEQ, nor any parry 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
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
i. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Chatham County
land records, Book , Page " A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. The owner conveying an
interest may use the following mechanisms to comply with the obligations of this paragraph: (i)
If every lease and rider is identical in form, the owner conveying an interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of
said leases, to the persons listed in Section XV.
J. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in paragraph 8 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
29
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
maintenance activities;
ii. in fluids in vehicles; and
iii. as constituents of fuels, lubricants and oils in emergency generators;
machinery, equipment and vehicles in on -board tanks integral to said equipment; or in flammable
liquid storage containers totaling no more than 25 gallons.
k. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells,
recovery wells, piezometers and other man-made points of groundwater access at the
Brownfields Property, except MW-2, MW-7, WSW -I, and WSW-3, 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.
1. 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.
m. The industrial areas of the Brownfields Property consisting of the chicken
processing plant at 1101 East Third Street (parcel ID 61441) and the former textile mill at 1200
East Third Street (parcel ID 16852), and the former Smith Property (parcel ID 16864) as
30
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
demarcated on the plat component of the Notice of Brownfields Property required by paragraph
20 below, shall not be developed or utilized for residential purposes including but not limited to:
primary or secondary residences (permanent or temporary), schools, daycare centers, nursing
homes, playgrounds, parks, recreation area, and/or picnic areas, without prior approval of DEQ.
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 Chatham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Chatham County Register of Deeds office and that the land
use restrictions are being complied with, and stating:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
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; and
iii. whether any additional water supply wells have been installed pursuant
to subparagraph 15.e., and including well installation report with a water supply well location
map and installation log(s).
31
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
16. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.h. 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
32
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, an amended 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 amended Notice of Brownfields Property
in the Chatham 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 amended 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
33
Amended BFA Townsend Siler City/20060-16-019/09NoQ021
recorded in the Chatham County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
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
34
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of
any such required notification.
VIIL CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated July 29, 2016, and by an Amended Brownfields
Property Application dated February 13, 2016, and by a Brownfields Property Application to add
acreage to the Brownfields Property dated August 4, 2020, by which it applied for this
Agreement. That use is industrial, warehousing, medical and health -related services for
employees and their dependents, office, and associated parking 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
35
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
36
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
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.
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
37
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
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 § I I3A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in N.C.G.S. 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
39
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
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.
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
Sharon Poissant Eckard, PG (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Phillip Plylar (or successor in function)
Mountaire Farms Inc.
29292 John J Williams Highway
Millsboro, Delaware 19966
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
41
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
42
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
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.
43
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
MOUNTAIRE FARMS INC.
By:
Phillip Plylar
President
Amended BFA Townsend Siler City/20060-16-019/09Nov2021
Date
EXHIBIT 1
GRAPHIC SCALE
30000 15000 0 15000 30000 60000
YMWAIRE FARMS, M PROPERIY
1101 Eo 7HIRD STREET (MAX PARCEL 61441)
1200 L 7HNtD STREET (MAX PARCEL 16W2)
UNADDRESSED PARCEL (TAX PARCEL 1 M4)
SLER CITY NO 27344
O
TITLE
SITE LOCATION MAP
SURVEY COMPANY
STONE LAND SURVEYING CO.
113 DRUM LANE
MOCKSVILLE NC 27028
FIRM NO C —1704
DATE: 1 1—05-2021 REVISION NO. 0
I, George Robert Stan*, certify that this plot was drawn under my
supervision from an actual survey mode under my supervision ( deed descr l pt i on
recorded In Boob . , Pago , s te.) (other); that the boundaries not
surveyed are clearly indicated as drawn from Information found In Book ,
Page..... - that the ratio of prectsion as calculated is
liio,OOG: that this
plat was prepared In accordance with G.S. 47-30 as amended. Witness my original
signature, registration number and seal
this 14th day of .,. Jul,........_.._ , A. D. 2016 .
Seal or S t amp George R. Stone
Surveyor
L3162
CA(�
* DB 1881 0 PGS 736 & 740
* DB 1881 0 PGS 744 & 748
R*g i s t r a t Ion Number
�.. ••,•solo...,,.
•.,'/
* DB 1881 0 PGS 748 & 752
•`•'ESS/fJ
•;
* DB 1881 0 PG 756
* DB 1889 0 PG 94
SEAL
* DB 1889 0 PG 104
L-- 31 B2
* DB 1889 0 PG 114
�..
c� ;-y►'.:
* DB 1899 0 PG 539
`.;,� ,,.,• ,�
SU5� �►
* DB 1899 0 PG 547
DB 1912 0 PG 284
�`•. .•`
�. solo... ,C
*
/?0
* DB 1915 0 PG 320
B
* DB 1930 0 PG 879
* PS 2017 0 PG 189
*DB 19300PG883
*PS20170PG27
Plat Revisions: 9-26-2016
1. New Sanitary Sewer Outfall Line Easement
Plat Revisions: 9-29--2016
1. Street R/W Dedication
Plot Revisions: 9-30-201 f
1. Brownfields Property - SURVEY PLAT Revisions
Plat Revisions: 10- 14-2016
1. Brownfielde Property - SURVEY PLAT Revisions
Plot Revisions: 02- 10-2017
1. Brownfields Property -- SURVEY PLAT Revisions
Addition of Tax Parcels 16770 & 16658
Plat Revisions: 05--1 3-2017
1. Brownfields Property Final Revisions
Plot Revisions: 05--23--2017
1. Brownfields Property Final Revisions
Plat Revisions: 07--01--2017
1. Brownfields Property Revisions: New Tax Parcel Numbers
and New Deed & Plat References
Plot Revisions: 07-08-2017
1. Brownfields Propert
CS- 1 CS-2 do CS-3 y Revisions: Addition of Test Samples
Plot Revisions: 07-17r--2017
1. Brownfields Property Revisions: Title Block Address Revision
CS-1, CS-2 & CS-3 Points Revision
Plot Revisions: 09--22-2021
1. Brownfield Property Revisions: Smith Parcel Addition
Certificate of Global Positioning Systems Surveys
1, George R. Stone, certify that the site control (grid tie only) shown
hereon was established under my supervision from an actual
GPS survey made under my supervision and the following
information was used to perform the GPS survey:
1 Class of survey: Class A
2 Positional accuracy; does not exceed 0.10'
3 Type of GPS field procedure: RTK-Network VRS
4 Date of Survey: July 14, 2016
5 Datum/Epoch: NAD 83 (NSRS 2011)
6 Published/Fixed control: NCGS Network VRS
7 Geoid model: GEOID 12A
8 Combined Grid Factor. 0.99998695
9 Units: U.S. Survey Foot
and that this map was prepared in accordance with the standards
and practicer for land surveying as outlined by the N.C.
Administration Code Title 21, Chapter 56.1607.
Witness my hand and official seal
this 14th day of July, 2016
George R. Stone, PLS
L--3182
License No.
Professional Land Surveyor
i, George Robert Stars, Professional Land Surveyor, L-31 e2. certify to one
of the following os indlcated thus. [R or g
0 a. That tale plot Is of a survey that creates a subdivision of land within
the area of a county or rnunkdpality that has an ordinance that
rsgukate: Parcels of land:
b. That this prat is of a survey that Is located in such portion of a
county or municipality that is unregulated as to an ordinance
that regulates po wls of land;
R c. That this plat to of o survey of an extating parcel or parcels
of land;
0 d. That this plot is of a surer of another eategoty. such as the
LJ rocombinadon of sncisft parcel*, a court -ordered survey or other
exception to the definit n of subdivision;
0 e. That the information available to this surveyor is such that I am
.. untie to make a debwmination to the best of my Pr+oiessional
ability as to prwAsions contained in (a) through (d) above.
George R. Stone, PLS
Profesotonal Land Surveyor, L-31 S2
General Notes:
1. AreaComputations by Coordinate Geometry
2. All Distances Shown are Horizontal Ground Distances
3. 8eoring Reference: NAD 83 (2011)
4. Site owner: MOUNTAIRE FARMS INC. dba
MOUNTAIRE FARMS OF NORTH CAROLINA CORP.
CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE
i hereby certify that the subdivision plot shown hereon is exempt from
the Town of Siler City Subdivision Regulations by definition. The subject
lot(s) do not meet the requirements of the Town Zoning Ordinance.
The plat has been approved for recording in the Office of the Chatham
County Register of Deeds.
Planning Director
REVIEW OFFICER'S CERTIFICATE
STATE OF NORTH CAROLINA, COUNTY OF CHATHAM
i, Review officer for Chatham County
certify that the mop or plat to which this certification is
affixed meets ail statutory requirements for recording.
Review Officer, Date
Tax Parcel 17246
n/f Jonathan N. Johnson
DS15170PG510
1202 E. Eleventh Street
Siler City, N.C. 27344
�e4
R/W
.ow ago solo. r..
R/W T..-
Tax Parcel: 16848 Building
1006 E. Third Street n/f Donald R. Simpson
Siler City, N.C. 27344 & Barbara H. Simpson
08 1705 0 PG 850
PVR
p
Tax Parcel. 16853
224 N. Tenth Ave. n/f Anthony Oldham
Slier City. N.C. 27344 & Margaret Ann Oldham
DS 1301 0 PG 504 N
. 7,,
F
220 N. Tenth Ave. Tax Parcel: 16859 pad v
Siler City, N.C. 27344 n/f Margie Kivett
OB 310 0 PG 570
h
218 Tenth Ave. Tax Parcel. 16854
Siler City, N.C, 27344 n/f Rafael. Comacho Ayon
C rs, do Nelly Monter Reyes o`
RRFFjy �'s DB 1808 0 PG 800 �o
srereo0
�"3, eo► ,�//ej, 11y .O
O p�, S/oN S v
�s
216 N. Tenth Street Tarr Pameri: 16849 N.
I n/f Glenn E. Milligan
Slier City, N.C.NC2 344 Life Estate � dint
HI8 1 0 - -- 7V�
E 28
SED-1� �h J
104 N. Tenth Ave. Tax Parcel. 16851
Siler City, N.C. 27344 n/f Daisey Mete McSwain HA 2
D67190PG949
Spli it `
Fence
Consuelo P. Hemandez Crosses P/L
Crosses
411 P/L o.l =
102 N. Tenth Ave. Tax Parcel 16857 p� lit Rail Fence i
n/f Boris A. Hernandez
Siler City, N.C. 27344 d Sp /
do i
08686 0 PG 791 M r
400
LEGEND
100 N. Tenth Ave. 47PP�
R/W - Right--of-Way
FC - Face of Curb
Siler City, N.C. 27344 Tax Parcel:
--
EIP Existing Iron Pipe
ElR -- Existing Iron Rebar
BoC - Back of Curb
PP - Power Bole
.
OF tth
'�` fn
P -Post
LP -- Light Pole TCNUNE SHED 4 t3 758 0 PG 832
2 OF
CM -- Concrete Monument
MH �- Man Hole
L1HE SHEET
IRS - Iron Rebar Set
CH -- Chord Distance MATCH
Propertyina
CIA t o l
- Part of
314'' E/P
-- C d Acceea
DS Deed Bonk
F'
nd
CP - Concrete Pie
PB -- Plat Book
3/4
CMP -- Corrugated Metal Pipe
RB -- Record Book
of 1
CPP _ Corrugated Plastic Pipe
PG - Page
Tax Parcel: 16860 NCC
--F- 100 Year Flood Boundary
CB - Catch Basin 901 E. Raleigh Street n/f Jennifer H. Smith ! N:
--0-- Overhead Utilities
--S- Sewer Line Siler City, N.C. 27344 & Thomas M. Smith E: 1
-X- Fence
WM - Water Meter
DB 1241 0 PG 353
Fnd -- Found
Wu - Water Valve
n/f -- Now or Formerly
BM - Bench Mark
NMP - Nonmonumented Point
CL - Center Une
TSM - Temporary Bench Mark
RRS -- Rail Road Spike
..�.•�►
-T.-1
EP - Edge of Pavement
CTV r- Cable Television Pedestall
/
E1P
TP -- Telephone Pedestal
-W- Water Line
ETB - Electric Transformer Box
CO - Sanitary Sewer Ciean Out
3�4"
Bert f End Z?
amummma Brownfield Property Line
MNF - Mag--NCcil Found
MNS - Mag--Nail Set
TMW -- Temporary Monitor Well
�-► internal Property Lines
SW - Surface Water Sample
,,, •••
w R/W Lines
SED - Surface Sediment Sample
/*
HA - Hand Auger
�----- S Sanitary Sewer Line
MW -- Monitor Well
-ST--- Storm Drain
SB -- Soil Boring
WSW -- Water Supply Well
Tax Parcel 16957
W --~-- Water Line
...so solo.
CS - Confirmation Soil Sample
n/f Samuel Zinaich
& Billie J. Zinaich pvenue
DB 796 0 PG 30 �"j'�,,1 ►
em
•
Brownfield Area
$20 E Raleigh Street
#
In
Siler City, N.C. 27344
E. Third Street
100 0 100 200 300
GRAPHIC SCALE -FEET
W.
0 * Tax Parcel 16652
ray` �f 5i�3 � PG warehouse, LLC
Ole 1311 E. Eleventh Street
!'/�/, ♦ ♦ Siler City, N.G. 27344
ID 01 C`
Poo /Z
tom, ash
ey ,
--�--�-- ��F "
.-F W P7soloPM
ro L
Riparian Buffer for intermittent streams r �•-'l-00" moo
*hall be fifty (501) feet landward, 0 moo
measured horizontally on a line,,
vest Corner
perpendicular from the top of bunk. 4
low
o " - OppStreet Tr-%X PARCEL
as L--17 p ~� .•► "' 1040 E. THIRD STREET
.� wl ,�y
t,.ry eL
SILER CITY, N.C. 27344
Opp
now
.••� 103 34.033 Acres +/
T 3 ,Bent F nd
„ �lP I0c R/
solo• solo , ;�� P ` •
2ro+l/
C) t Idth
,solo $_ men
Tax Parcel 16865
TRACT 2
PS 2020 O PG 113
Tax Parcel 16862
n/f David Korggarzadsh
DB 16140PG615
920 E. Raleigh Street
Siler City, N.C. 27344
Tax Parcel 16596
n/f Autornasters of Asheboro, LLC
DB 1013 0 PG 390
1320 E. Eleventh Street
Siler City, N.C. 27344
r�3/4 EIP Fnd 1�(�l
solo. P, l�,,r►
S ----() MH
BROWNFIELDS PROPERTY BOUNDARY CALL TABLE
COURSE
BEARING
DISTANCE CURVE DATA
L--1
S 8700659 "E
44.58'
LW2
S 87a24'23"E
46.05'
L 3
S873118E
91.22
L--4
S 88014'40"E
92.47'
L--5
S 00002'29"E
189.40'
L-6
S 24p03'58"E
98.89'
C-7
N 67038'49"E
339.63' chord, 5679.58' radius
L--8
S 20039'19"E
253.97'
L--9
S 28°24' 14"E
259.93'
L--10
S 60°'35'25"W
270.00'
L--11
S 60d41'25"W
5.86'
L-12
S 60002'31 "W
106.53'
L--13
S 58008' 19"W
112.59'
L-14
S 55"36'50"W
113.10,
L--15
S 53033'26"W
106.47'
L--16
S 52°53'35"W
452.63'
L--17
S 52052'01 "W
666.33'
L--18
N 04008' 39 "W
114.87'
L--19
N 04009'45"W
83.02'
L--20
N 04004'08"W
82.90'
L--21
N 04°14'46"W
64.95'
L--22
N 04° 14'46"W
84.95'
L--23
N 04*14'46"W
15.00'
L-24
N 04004'55"W
115.50'
L•-25
N 04016'51 "W
99.32'
L--26
N 0304735"W
10.13'
L--27
N 04°17'40"W
71.36'
L-28
N 03°41' 1 TV
14.05'
L--29
N 03°58'44"iW
108.43'
L-30
N 02°31'52"E
156.19'
L-31
N 44°17'23"W
18.42'
L--32
N 36049'04"W
13.60'
L-33
N 20°39'01 "W
19.08'
L-•-34
N 12050150"W
13,31'
L--35
N 03033'48"W
31.87'
L-36
N 00'019151 "E
19.07'
L-37
N 02°39'50"E
556.05'
L--38
S 86*27' 15"E
113.87*
L-39
N 00°56'59"E
35.56'
L--40
S 87008'45"E
350.47'
L--41
S 87015'47"E
149.31'
L-42
S 8701922"E
106.560
I EIP Fnd R/W
Tax Parcel 16861
n/f ALVARADO HOLDINGS dt
DELIA V. ALVARADO HOLDINGS, LLC
DS 1727 0 PG 42
1334 E. Eleventh Street
Sher City, N.C. 27344
icNUNE sH,W :.
of 4
HEf:T 2 of
t 1 1 /2" EIP Fnd Southeast Corner
1 of Tax Parcel 16852
NCGS Grid Coordinate
N: 721,231.33808'
1 ! E: 1,867,651.61888'
!
I R/W
also
r -- EP
T 4 EP
saw
R/W
Tax Parcel 16866
n/f Reid D. Marley
& Janet T. Marley
DS 548 0 PG 134
1328 E. Raleigh Street
Siler City, N.C. 27344
TIE LINE CALL TABLE
COURSE BEARING DISTANCE
T`--1 N 52041'37"E 127.26'
T-•-2 N 62°36'57"E 172.58'
T-3 N 61 °25'08"E 405.72'
T--4 S 45046'25"E 194.14'
REVISED BROWNFIELD ACREAGE TABLE
SHEET 1 OF 4
TAX PARCEL 61441: 10.536 ACRES +/-
TAX PARCEL 16852: 23.781 ACRES E. THIRD STREET R/W: 2.633 ACRES +/-
TOTAL BROWNFIELD AREA (SHEET 1 OF 4): 36.95 ACRES (INCLUSIVE OF AREA IN E. THIRD STREET R/W)
SHEET 2 OF 4
TAX PARCEL 16864: 34.033 ACRES (INCLUSIVE OF AREA IN E. RALEIGH STREET)
TOTAL BROWNFIELD AREA (SHEET 2 OF 4): 34.033 ACRES (INCLUSIVE OF AREA IN E. RALEIGH STREET)
(AREA COMPUTATIONS BY COORDINATE GEOMETRY)
BROWNFIELDS NOTES:
1. THE AREAS AND TYPES OF CONTAMINATION DEPICTED
HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST
AVAILABLE INFORMATION AT THE TiME OF THE FILING. A LISTING
OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT
ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
SILER CIN/CHATHAM COUNTY, NORTH CAROLINA
EXHIBIT B to the Notice of
Brownfields Property - SURVEY PLAT
REVISED
1101 E. THIRD
STREET
Tax Parcel
61441
1200 E. THIRD
STREET(Tax
Parcel
16852
UNADDRESSED
PARCEL
RALEIGH
STRE (Tax Parcel 16864)
TOWNSEND & ACME--McCRARY SiTE
BF Project Number. 20060- 16--19
PLAT PREPARED FOR:
PROSPECTIVE DEVELOPER AND PROPERTY OWNER:
MOUNTAIRE FARMS INC,
29292 John J. Williams Highway
Millsboro, DE 19966
SCALE TOWNSHIP COUNTY STATE GATE
1" 140' Matthews Chatham North Carolina 7--14--2016
Stone Land Surveying Company JOBS No.
SUED.
Business Firm Certificate Humber: C--1704 8516 -� BFR---1
P H, CY, GM George Robert stoma, PLSL-�31$2 MAPMAPPED: No.
113 Drum Lane (336) 998--4733 8516--BFR-
GRS Mocksviile, N.C. 27028
SHEET 1 OF 4
I, George Roberti Stoirse, certify that this plot! was drawn under my'
caper v i s i do from an actual survey made under my s uperr v i s Ion ( deed dies cr lot Ion
r oc*,r dad !in Rook .....I.._.�.,. �P"agei ,..,... ...,.�. , e'te.) o ther') t1
hat the boundar Its not
surveyed or* clear ly Indleated as drawn from inforrna!tIon found In Took ,
Page -. -_-- t'hot this ratio of procisIon' as caiculate+d Is 1/10,000; thrat this
plot was pro -paired in accordonico with G.S. 47-30 as omon'ded. Witness my original
s i gno tur e, r og i s t r at lion number and seal
t h Is ... day of .. ,Septl� nber A, D. 2019
6 e a I or S t o irip George ge R. Stone
Surveyor * 'DO $29 a PG 959
L 31162 * IDO 1244 4 PG 664
.._ * Ps 11 O PG 8o
�r*• •�, / ,Reg i s tr o t i on l�uftor
F' , S C. *,' ''' 32 0 PG 90
' .• C5 * 'PS 2000 0 PG 164
f * ?PS 2020 a PG 113
• SEAL •
G� r. L.3162 Plot Revision: 2-17-2020
' ., �0►;• "�' 1. Recombination Surrey
`. 3 .•' Plot Revision: 5-w-19--2020
G� • •. ! � �• !' 1. Recombination Survey
'POB Plot Revision): 9-22�-2.021
1. BrownfieldProperty Revisions:
Smith Parcel' Addition
Plat Revision: 9-22�-2021
1, Brownfield Property Revisions:
Smith Parcel Addition
1. George lkob+ert Stone, Professional land Surveyor, L-3162, certify to4 one
of the following as indioated'' thus, 191orEr
a. That !this plat is of a survey that cretsties a subdivision of land within
0 tk& awa of a county or muuni6lpality that has an ordinance that
regulates parcels of land;
b. That this plat is of a ,survey that Is located in such portion of a
LJ county or municipality, that is unrreguiated at to an ordinance
that regulate* parcels of lard;
,e c. That this plot Is of a survey of an existing parcel or parcels
of lomd;
I -"t d. That this plat Is of a surrey of another category, such as the
U recombination of exivOng parcels, a court-ordsrod survey or pother
exception to the definition of subdivision
e. That the infor hattion available! to this surveyor is such that i am
unable to make a determination to the best of my professional)
ability as to !provisions contained In (q) through (d) above.
George R. Stone, PLS
Professional Land 5urverrt. L-3162
CERTIFICATE OF GLOBAL POSITIONING SURVEYS
10 George R. Stone, PLS, certify that the site control (grid tine only.)
shown hereon was established under my' supervision from an actual
GPS survey made under my supervision and the following information
was, used to perform the GP6 survey:
1. Class of Survey: Class A
2. Positioni Accuracy: Does Not Exceed 0.10'
3. Type of GPS Field Procedure: RU-Network VRS
4. Date of Survey: September 25, 2019
5. Dat►um/Epodh: NAD 83 (NSRS 2011)
6. Published/I+ixed Control: NCGS Network VRS
7. Geoid (Model: GEOID12B
S. Combined Faactor: 01.99988443
9. Units: U.S. Survey Foat
Witness my hand and off iicial seal
lw
this • 25th d�cy of �......:oct',....� 2019
George R. Stone, PLS (L-•3162)
CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUSDIV'ISION ORDINANCE
I hereby certify ,that the subdivisionli pilot shown hereon is exempt from
the The Town of Sher City Subdivision Regulations by definition. The subject
Iot(s) do not meet the requirements of they Town Zoning Ordinance.
The plat has been approved for recording in the Office of the Chatham �Q
CountY Register ister of Deeds.
Date Planning Director
410
REVIEW! OFFICER'S CERTIFICATE
STATE OF NORTH CAR LINA, COUNTY OF CHATHAM
I, Review Officer of Chatham County
certify that the reap for plot to which this certification is affixed
meets all statutory requirements for recording. 000/
Reviews officer. Dote''
QJ
PRELIMiNARY
NOT FOR RECORDATION11,
DEEDS, OR BUILDING
fax Parcae 16862
✓ n/f David Korlarzodeh
✓ 08 1614 O PG 613
/ PS 96 • PG 409
I
bra / v
w'
Tax! Parcel 16999
n/f CARDINAL CHASE DMOPMEW; LLC
D8 11082 0 PG 937
PS 2004 Ol PG 252, Parcel A
IRS
SS-10
0
AOC- 1 SEa
L fi
Old P/L
W/4" EIP Fnd 3 "4" EIP Fred
0
AOC-la
E1p d Southv es#. Comer
�r
;of 'Tax Porcel� 16852
N
CGS Grid Coordinrate
10-81800*
\ E: 1086691IN: 720,iE 52.196a0'
4,r C),
0,
0,
Cold P/L •,�'�. �
aTax P
� 0 ;' / d'' ']' n/f MOUNTAIRE FARMS, INC.
r r
-- - - ,., -�, a ` 1040 E. THIRD STREET
*.1 ' ,, ,per
r r ob� SILER CITE', N.C. 27344
23.781 Acres -/-
Q
01
-a'
Shad
< �►,
Tax Parcel 16865 f
"r
,n/f Gary L. Smith Pip
Sarah S. smith
TRACT 2 ,
Old 'IMeII +cy � AOC-2a Up
PB 2020 0 PG 113, House
•- { Permanent Dralnags 'ao"
w -- Eosement * ,•�
Saar° 1 -0 w � �
,. c► Reference:DB 1938 PG 1087.0,o N_ 0�
�,,+,,
�l � x
NO
40
do
r n
a' e B , deg � eK �o �$ � ` � •'
dP#X �a 5
Ga`` ,
eO
1 % Annuat Chance (AE) Food Zone
�.�' � � °�' See � ease r�
2 Wide Private Server Easement, FIRM Map Number 3T10876100K � �� r g, �
4 PG 52 Date: 11-17--201 ? ,� � o,
Reference PS 204 � 2 0
3/4" EIP .✓�'" 5�1+ + �, ' `,,nd
Fnd 0-1
�' � '
8
9 e
e $ '-A Ss
r� ,e c .'1 ore , ✓ . � �►
fe 8uf fee F $ ,�,`'-� 2 C
'' t;v►e C�'��` / ,' '1. Pr a fir,;►; / ` �t'e'
e etc y G tr SS c�.
400
t* o ✓
F eK ,� Y` see o
'F ,' -,• 8 e� SS-7
Ole
i' ✓
.0e 0
3/4", EIP 410 BMP- 3 A
Sent/Fnd...0 C2
.00 .00.... ... ..i. yr / ...
Tax Parcel 16999 AOC-2 DOWN o- ,- •ve Buffer yam'.- ,,me µ �e �' �"'� �.
n/f CARDINAL. CHASE DEVELOPMENT, LLC ,, � de �, �egetoti F �''�� +D• PP � � �
o � �
08 1082 40 PG 937 1 y''�''� j
PS 2044 a PG 252, Parcel A r ,i.- ,1
NOTES:
1. Granted: Mountaire Fa{rm% Inc. dba
Mount+aire Farms of North Carolinc Corp.
2. Bearing Reference: NAD '83(2011
3. All Distances: Slhown are Measured lHorizontol Ground Distance
4. Area Computations by Coordinate Geometry,
5. Current, Parcel Zoning,. -
Tax Parcel 1 64: H--rC, L--1, R--10
Tax Parcel 16S65: H--C
Tax Parcet 67041: H-C, R--10
Tax Parcel 67042.- H-C
6. Deed & Plat References:
D8 $29 PG 959
DS 11244 PG 684
PS 11 PGA So
PS 32 PG1 90
PS 2000 PG 164
PS 2020 PG 113
NAD 813(2011)
0
0 0 House I o f MOUNTAIRE FARMS, iNC. �'' 0�
F B ` SS 21 SS-2 UNADDRESSED PARCEL E. RALEIGH STREET
r�� to � o L ..., c. _ a SILER CITY, N.C. 27344p �' 0,
i m 1 d SS--9 SS--14 34.033 ACres -�- 'Qmob
t
,?0, .��(Inclusivet010 # `ofA ea in S.R. 21C3 R W v
CaA 4
SS--20 _
` �0. 49 � w
i see '• L �°
� . � 55N► a, 0to vQN sp, s `` e � '7 SS 13
Un
, IX Annual Chance (AIE) Flood Zone, Ss--15
F0 / Ole FIRM MAP Number 3710876100K ..,a a e
Q Effective Date: 11 - 1 T--2o 11? � � ���,� �
a �� e^ C CA2p,PSS E.4SEMENx
-m SSMH See
0 BMP-2 Cp 0 SSMH ........_ �- ......._.... �_� EQ$e1�tent'
s ca1i1 TQbfe2
S
Tax Parcel 614486
> /f EVERGREEN MOBILE HOME ESTATE, INC.
EBB 131Z 0 PG 728
Planted StonMe: I WFnd Axle Fnd
Ty-10 T�9 �..' X _
0 3 4"' EIP L-57
R -' Right -of -Way LEGEND FC �-- Face of Curb / �
1 , 9 , Y Bent/Fnd
EIP w- 1�xisvng iron Pipe
EIR - Existing iron Reebar
BoC _ 00tK of Curb
PP Power Pole
p -. post
LP - Light Pole
CM - Concrete Monument
MH - Man Hole
IRS - Iron Rebtar Set
CH -• Chord Distance
P/L - Property Line
P/0 -- Part of
C/A -- Controlled Access
DB - Deed Book
CP -•- Concrete Pipe
P8 - Prat Book
CMP - Corrugated Metal Pipe
RB - Record Book
CPP . Corrugated Plastic Pipe
PG --• Pages
-F-- 100 Year Flood Boundary
CS - Catch %sin
-0- Overhead Utilities
-S- Sewer Line
-X-- Fence
WIN -- Water Meter
Fnd -- Found
WV -W Water 'halve
n/f -- Now or Formerly
BM Bench Mark
NMP - Nonrronurmented Point
TBM - Temporary Bench Mark
CL -- Center Line
RAS -- Rail Road Spike
EP - Edge of Pavement
CTV -- Cablie Television Pedestal
TP - Telephone Pedestal
ETB -•- Electric Transformer Box
-W- Water Lirve
CO - Sanitary Sewer Clean Out
Brownfield Boundary Line
TMW - Temporary Monitor V ell
SW - Surface Water Sample
--------�-•-� Internol Property line
R/'W 1!in*
SED - surface Sediment Sa'rnple
- --- S - Sarritary Sewer Line
RA - Hanel Auger
MW - Monitor Well
----- ST- Stearm Drain
_ . _ W Water Line
se - Soil 806hg
WSW - Widtar Supply Well
MNF-- MAG-Nail Found
CS - Gonfirtnotion Soli Sompie
MNS - MAO--Niail Set
SS--4 SS-14
NOTE:!
Gea- 1 (GW)
SS-2 SS--15
Scii samples from locations
AOC- 1 a
SS-7 SS--20
SS---12. SS--13, SS-14 and SS--15
AOC-2 Up
SS-8 SS~-22
were composited together for
AOC-3
SS1_9 SS-21
chemiccii analysis and soil
amp-1
SS--10 AOC--1
samples from liocations SS-20,
BMP-2
SS- 12 AOC-2ci Up
SS-21 and SS--22 were
BMP--3*
oornposted together for
100 0 1100
2001 300
chemlcal� anro is and nomeiEd
sample SS-2 :22,
GRAPHIC SCALE FEET
1 " EIP-
Bent/Fnd
PROPERTY LINE CALL TABLE
COURSE
BEARING
DISTANCE
L-43
N 38*27'30"W
29.293
L-44
N 52052'30"E
241.25"
L-45
N 52*46" 10"E
477.15'
L--46
N 53026" 1 WE
105.45'
L---47
N 55043'02"E
112.06'
L--48
N 58002'53"E
111,50*
L-µ49
N 60'006'31 "E
1 d5.87'
L-50
N 60'028' 18 "E
54.67'
L-5t
S 87*38' 15"E
190.57*
L--52
S 87032'28"E
160.62*
L-53
S 00639"02"W
288.80*
L-54
S 000''39P45"W
288.90'
L--55
S 004'39P30"W
316.22'
L--56
S 00039"50'V
349.92'
L-y57
S 000'381*21 "'W
496.23'
L-58
N 890'42"02" W
462,90'
L--59
N 89*43�38"W
179.69'
COURSE
BEARING
DISTANCE
L-60
N 89°4229"W
179.75'
L-- 61
N 0202414" E
191.19,
L-+-62
N o2'°31''18f'E
219.75'
L---63
IN 38036'37#1W
231.78'
L-- 64
N 38427'30"'W
101.411,
L-65
N 51 *32'30"E
301.66"
L-66
N 3 *06''15!'W
449.82"
L-r-67
S 52048'42"W
15 ,06'
L-68
S 52048"42" W
162.31'
L-69
S 38027"34"E
262.13'
L---70
S 38*27'30"E
194.49'
3/4" EiP Fnd
LL-56 WO.-
Tax 'Parcel 78699
n/f N.C. Department of Transportation
(State Highway Commission)
DB HMi PG 2
DB IG PG 34
TIE LINE CALL TABLE
COURSE"
BEARING'
DISTANCE
T-111403'
N 61 °25'08"'E
405.72'
T-4f
S 45*46'25"W
195.14'
T-5i
N 52°484.1 "E
3 O2'
T-61
S 62040'00"W
504.469
T-7
S 59021'38"'W
366.30"
T81
S 00*39'24"W
199.87'
T1- 9'
N 81 053'59"W
2.18'
' T-10
6.33'
T- 11
N 54°30'36"'E
254.209
Shed
3/4" EiP Fnd w
3/4" EIP sent/Fnd
EASEMENT CALL TABLE # 1
30" WIDE SANITARY SEWER EASEMENT
COURSE
BEARING
DISTANCE
TE- 1
N 52053"02"E
312.239 Tie :Line A toi B
E-2
N 530`11 "20"'E
30.95"
�-
E3
S 22'°36**44" E
201.7r5'
E---4
'S 66°58'24"W
30.00"
E-5
N 22°36'48"W
194.38'
L. 5�
Soy 1
Fro o<oa '�
Qc���
;4p
b
Tax Parcel 16866
Lon
I n/f D. Reld Marley
L do Janet T. Marley �
DO 548 9 PG 13
.� S
s
MM,111C%r"M nMh1AJAIC0IC"I n A1"%0rAn_C' TA01 C
SHEET 1 OF 4
TAX PARCEL 61441: 110.536 ACRES + '--
TAX PARCEL 18852: 23.78' 1 ACRES +/--
E. THIRD STREET R/ W 2.633 ACRES +/--
TOTAL BROWNFIELD AREA (SHEET 1 OF 4): 36.950 ACRES (INCLUSIVE OF AREA IN E. THIRD STREET R/W)
SHEET 2 OF 4
TAX PARCEL 16864: 34.033 ACRES +
(INCLUSIVE OF AREA IN E, RALEIGH STREET R/'W}
TOTAL BROWNFIELD AREA (SHEET 2 OF 4): 34.033 ACRES +/
INCLUSIVE OF AREA IN E. RALEIGH STREET R/W)
TOTAL REVISED BROWNFIELD AREA: 70.982 ACRES +/�
(INCLUSIVE OF AREA iN E. THIRD STREET R/W)
(INCLUSIVE OF AREA iN E. RALEIGH STREET R/W)
(AREA COMPUTATIONS BY COORDINATE GEOMETRY)
58,e90 � 5ILER GITI'/CHATHAM COUNTY, NORTH CAROLIhiA
3/4" EIP Fnd w/Cap E',XHIBIT 4J to the Notice of
Brownf*lelds Property -SURVEY PLAT
REVISED
EASEMM CALL TASLE #2
CENTERLINE' 20"
WIDE SANITARY SEWER EASEMENT
COURSE
BEARING DISTANCE
E--6
S 23*01136"E
192,18'
Er--T
S 22°44'56"'E
280.28'
E-8
S 22"40'46"E
172.212 ,
E--9
S 18'°26'00"'E
234.65' '
E-10
S 1$°29035" E
263.55'
E- 11
S 19'0 1 2'36"E
176.31' �
101
E--12
S 76018'09"E
486.28'
E-13
S 08'028'23"W
443.06'
E- 14
S 00024' 30"E
236.45'
E-15
S 40016`23"W
560.34'
1100 E. THIRD STREET(Tax Parcel 61441
1040 E. THIRD STREET Tax Parcel 16852
UNADDRESSED PARCEL E. RALEIGH SIRE TAX PARCEL 16864)
TOWNSEND & ACME--McCRARY SITE
BF Project, Number-, 20060--16-19
PLAT PREPARED FOR:
PROSPECTIVE DEVELOPERS:
MOUNTAIRE FARMS INC.
29292 John L. Willdms Highway
Millsboro, DE 19966
SCALE TOWNSHIP COUINW STATE
DATE
1 " 100` Matthews Chatham North Carolina
9--�25--20119
Stone Land Surveying Company
SURWYED: susllnees Firm Certificate Number; C-1704
JOB NO.
100 1 98F2
CY,G�M �e Robert Stone, PLS L. -3162
MAP No:
MAPPED: 113 Drum Lone 133 998--4733
10019BF2
GRS Mocksvillte, N.C. 27028
SHEET 2 of 4
lo George Robert Stone., cor tff y that this plot was drawn under my
supervision from on actual survey made under my supervision (deed description
recorded In Book *, , Page _._.1....._ , etc. ) ( other )*, that the bounder Its not
surveyed are clearly Indicated as drawn from Information found In Book
that the ratio of precision as calculot*d is I/MOOO; that this
plot was prepared in accordance with G.S. 47-30 as *nonded. Witness my original
signatures registration number and seal
t h 13 14th day of JU i A.D. 2016
Seal or Stamp George R. Stone
6 V
010fte,6*09
't
O.OSS16 0#0 -
• SEAL
L-3162
0
sue
k�
)'pB�
Surveyor
L 3162
Registration Number
See Sheet 1 of 4
* See Sheet 2 of 4
Plat Revisions; 9-26-2016
1. New Sanitary Sewer Outfall Line Easement
Plat Revisions: 9-29-2016
0
1. Street R/W Dedication
Plat Revisions: 9-30-2016
1. Brownfields Property - SURVEY PLAT Revisions
Plat Revisions- 10-14-2016 1. Brownfield; Property - SURVEY PLAT Revisions
Plat Revisions: 02-10-2017
1. Brownfields Property - SURVEY PLAT Revisions
Addition of Tax Parcels 16770 & 16658
Plat Revisions: 05-13-2017
1. Brownfields Property Final Revisions
Plat Revisions: 05-23-2017
1. Brownfields Property Final Revisions
Plat Revisions: 07-17-2017
1. Brownfields Property Revisions-. Now Tax Parcel Numbers
and Dead & Plat References
Plat Revisions: 07-18-2017
1. Brownfields Property Revisions.- CS-1, CS-2 & CS-3 Data,
and Revised "Director" title.
Plat Revisions: 04-05-2021 & 07-12-2021
1. Brownfields Property Revisions: Smith Parcel Addition
Plat Revisions: 10-29-2021
1. Brownfields. Property Revisions: Smith Parcel Addition
Certificate of Global Positioning Systems Surveys
1, George R. Stone, certify that the site control (grid tie only) shown
hereon was established under my supervision from on actual
GPS survey made under my supervision and the following
information was used to perform the GPS survey:
1) Glass of survey: Class A
2) Positional accuracy: does not exceed 0.10'
3) Type of GPS field procedure: RTK—Network VRS
4 Date of Survey: July 14, 2016
5 Dotum/Epoch: NAD 83 (NSRS 2011)
6 Published/Fixed control: NCGS Network VRS
7 Geoid model: GEOID12A
8 Combined Grid Factor: 0.99998695
91 Units; U.S. Survey Foot
and that this map was prepared in accordance with the standards
and practice for land surveying as outlined by the N.C.
Administration Code "title 21, Chapter 56.1607.
Witness my hand and official seal
this 14th day of July, 2016
George R. Stone, PLS
L-3162 Professional Land Surveyor
License No.
1. George Robert Stone, Pmfosslonol Land Surveyor, L-3162, certify to one
of the following at indicated thus. 0 or &r:
0. That this plat Is of a survey that creates a subdivision of land within
the area of a county or municipality that has an ordinance that
ropkftse poresl* of kind;
be 7hot this plat to of a survey that to located In such portion of a
county or municipality that is unregulated as to an ordinance
that rogulartes parcel* of land;
C. That this plat Is of a survey of an existing parcel or parcels
of land;
E] d. That this plat to of a survey of another category, such as the
recombination of existing parcels. a court —ordered survey or other
exception to the definition of subdivision;
rwi e. That the Information available to this surveyor is such that I am
.unable, to make a determination to the best of my professional
obft as to previsions contained In (a) through (d) above.
George R. Stone, PLS
Professional Land Surve
yor, L-3162
CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE
I hereby certify that the subdivision plat shown hereon is exempt from
the Town of Siler City Subdivision Regulations by definition. The subject
lot(s) do not most the requirements of the Town Zoning Ordinance.
The plat has been approved for recording in the Office of the Chatham
County Register of Deeds.
Date
Planning Director
RMEW OFFICER'S CERTIFICATE
STATE OF NORTH CAROLINA, COUNTY OF CHATHAM
Review Officer for Chatham County
certify that the map or plat to which this certification is
offixed meats all statutory requirements for recording.
Review Officer, Date
for the purpose of N.C.G.S. 130A-310.35
Michael E. Scott, Director
Division of Waste Management
State of North Carolina
County of Wake
Date
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that
identifies any restrictions on the current and future use of a Brownfields Property that are necessary
or useful to maintain the level of protection appropriatefuture use of
for the designated current or
the property and that are designated in a Brownfields Agreement pertaining to the property. This
survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property
depicted on this plat and recorded at the Chatham County Register of Deeds' off -ice. The exhibits
to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit
1
A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice;
and a legal description for the subject property, which is attached as Exhibit C to the Notice. The
land use restrictions below have been excerpted verbatim from paragraph 15 of the
Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the
Brownfields Agreement, The following Land Use Restrictions are hereby imposed on the
Brownfields Property and shall remain in force in perpetuity unless canceled by the
Secretary of the North Carolina Department of Environmental Quality (or its successor in
function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS §
130A-31035(e):
a. No use may be made of the Brownfields Property other than for industrial,
warehousing,, medical and health -related services for employees and their dependents, office,
associated parking uses, and subject to DEQ's Prior written approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. "Industrial" is defined as the assembly, fabrication, processing..,
warehousing or distribution of goods or materials. For purposes of this agreement., it includes
food production uses including poultry processing.
ii. Warehousing" is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport business among
others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
services" is defined as the provision of
iii. "Medical and health care
general wellness and health screenings, primary care, low level urgent care, and occupational
health services.
iv. "Office" is defined as a location used for the provision of business or
professional services.
V. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
be Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
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 soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes.-
1. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
LAND USE RESTRICTIONS
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular
buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ, except that:
1. the owner of the Brownfields Property shall retain access to the use of
two existing onsite water supply wells (WSW-1 and WSW-3), and may install additional water
supply wells at the Brownfields Property for industrial purposes only in accordance with
applicable local and state regulations while fully protecting public health and the environment,
and with a minimum of 10 days notice to the DEQ representative referenced in paragraph 3 5.a.;
ii. existing and any new water supply wells shall be operated and
maintained under the following provisions:
1. water supply wells shall be used for non -contact, cooling water
uses only and shall not be used for potable or domestic use;
2. water supply wells shall be maintained in accordance with
applicable local and state regulations;
3. waste purge water from any water supply well onsite and waste
cooling water will be conveyed along with production water to an on -site pretreatment plant and
discharged to the local POTW under an approved discharge permit;
4. the installation of new water supply wells shall be noticed at
I
least 10 days in advance to DEQ; and
5. water supply wells shall be tested periodically under a DEQ-
approved plan and the results submitted to the DEQ representative referenced in paragraph 35.a.
in accordance with a schedule agreed to by DEQ.
fe Surface water at the Brownfields Property may not be used for any purpose,
other than connection with legally compliant storm water collection and reuse techniques,
oth in conn i
without the prior written approval of DEQ.
g. No activity that disturbs soil or sediment on the Brownfields Property as
delineated on the plat component of the Notice of Brownfields Property referenced below in
paragraph 20, may occur unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and.
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 15.b.
he Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
i. Any deed or other 'Instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Chatham County
land records, Book , Page " A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. The owner conveying an
interest may use the following mechanisms to comply with the obligations of this paragraph: (0
If every lease and rider is identical in form, the owner conveying an 'interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of
said leases, to the persons listed in Section XV.
j . None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in paragraph 8 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. in fluids in vehicles; and
iii. as constituents of fuels, lubricants and oils in emergency generators;
machinery, equipment and vehicles in on -board tanks integral to said equipment; or in flammable
liquid storage containers totaling no more than 25 gal
lons.
k. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells,
recovery wells, piezometers and other man-made points of groundwater access at the
Brownfields Property, except MW-2, MW-7, WSW-1, and WSW-3, 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.
1. 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.
me The industrial areas of the Brownfields Property consisting of the chicken
processing plant at 1101 East Third Street (parcel ID 6144 1) and the former textile mill at 1200
East Third Street (parcel ID 16852), and the former Smith Property (parcel ID 16864) as
demarcated on the plat component of the Notice of Brownfields Property required by paragraph
20 below, shall not be developed or utilized for residential purposes including but not limited to:
primary or secondary residences (permanent or temporary), schools, daycare centers, nursing
homes, playgrounds, parks, recreation area, and/or picnic areas, without prior approval of DEQ.
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 I st of that year shall submit a notarized Land Use Restrictions Update ("LUR.U") to
DEQ, and to the chief public health and environmental officials of Chatham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Chatham County Register of Deeds office and that the land
use restrictions are being complied with, and stating:
i. the name, mailing
address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
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; and
iii. whether any additional water supply wells have been installed pursuant
to subparagraph 15.e., and including well installation report with a water supply well location
map and installation log(s).
SUR CJTY/CHATHAM COUNTY, NORTH CAROUNA
EXHIBIT B to the Notice of
Brownfields Property —SURVEY PLAT
REVISED
1101 E. THIRD STREET (Tax Parcel 61441)
1040 E. THIRD STREET (Tax Parcel 16852)
Unaddressed Parcel E. Raleigh Street (Tax Parcel 16864)
TOWNSEND & ACME-McCRARY SITE
BF Project Number: 20060-16-19
PLAT PREPARED FOR:
PROSPECTIVE DEVELOPERS:
MOUNTAIRE FARMS INC.
29292 John J. Williorris Highway
Millsboro, DE 19966
Tax Parcel 61441 (PIN 8762-19-61-3516), 10.536 Acres
+/--
Tax Parcel 16852 (PIN 8762-19-61-8014), 23.781 Acres
+ f --
Tax Parcel 16864 (PIN 8762-00-70-3299), 34.033 Acres
+/�—
Inclusive of Area in R.Raleigh Stree (S.R. 2103) R/W
Area Computations by Coordinate Geometry
SCALE TOWNSHIP COUNTY STATE DATE
lit = 100' Matthews Chatham North Carolina 7-14-2016
SURVEYED: Business Land curveYing Campany J(* NO.
PH,CY,GM Business Flrrn Ceftificate Number. C-1704 8516—BF3
MAPPED.- George Robert Stone, PLS L-3162 MAP NO.
113 Drum Lane (336) 998-4733 8516—BF3
GRS Mocksville, N.C. 27028
SHEET 3 OF 4
14 George Robert Stone, certify that this plot was drawn under my
supervision from an actual survey inode under my supervision (dead description
recorded In Book , I , Po 9 * * - , etc. ) ( other Y., that the boundar les not
surveyed are clearly Indicated as drawn from Information found in 899k
Page Lthat the ratio of precision as calculated is 1/10,000; that this
plot was preparsd lit accordenoo with G.S. 47-30 as amended. Witness my original
signature, registration number and seal
this-14th- day of July � o A.D. 2016-8
_S eAa I sir S-tamp -George R. Stone
C A
tsSWee
0
koo
SEAL
L-3162 LAJ
7
0 0'0'�
'0 0: o
00
0 E 3
Surveyor
- L 3 162 * See Sheet 1 of 4
Registration Number * See Sheet 2 of 4
Plot Revisions-, 9-26-2016
1. New Sanitary Sewer Outfoll Line Easement
Plat Revisions: 9-29-2016
1. Street R/W Dedication
Plot Revisions: 9-30-2016
1. Brownfields Property - SURVEY PLAT Revisions
Plot Revisions: 10-14-2016
1. Brownfields Property - SURVEY PLAT Revisions
Plot Revisions: 02-10-2017
1. Brownfields Property - SURVEY PLAT Revisions
Addition of Tax Parcels 16770 & 16658
Plot Revisions: 05-13-2017
1. Brownfields Property Final Revisions
Plot Revisions: 05-23-2017
1. Brownfields Property Final Revisions
Plot Revisions-, 07-17-2017
1. Brownfields Property Revisions: New Tax Parcel Numbers
and Deed & Plot References
Plot Revisions- 07-18-2017
1. Brownfield; Property Revisions'. CS-1, CS-2 -& CS-3 Data,
and Revised "Director" title.
Plot Revisions: 64-05-2021 & 07-12-2021
1. Brownfields Property Revisions: Smith Parcel Addition
Plot Revisions: 10-29-2021
1. Brownfields Property Revisions: Smith Parcel Addition
Certificate of Global Positioning Systems Surveys
1, George R. Stone, certify that the site control (grid tie only) shown
hereon was established under my supervision from on actual
GPS survey mode under my supervision and the following
information was used to perform the GPS survey.-
1) Clals of survey: Class A
2 Positional accuracy: does not exceed 0.10'
3 Type of GPS field procedure: RTK-Network VRS
4 Date of Survey: July 14, 2016
5 Datum/Epoch: NAD 83 (NSRS 2011)
6 Published/Fixed control: NCGS Network VRS
7 Geoid model: GE01012A
8 Combined Grid Factor: 0.99998695
91 Units-, U.S. Survey Foot
and that this map was prepared in accordance with the standards
and practice for land surveying as outlined by the N.C.
Administration Code Title 21, Chapter 56.1607.
Witness my hand and official seal
this 14th day of July, 2016
George R. Stone, PLS
L-3162 Professional Land Surveyor
License No.
1, 0"s Robed Stone, Professional Land Surveyor. L-3162, codify to one
of the following as indicated thus, ER or E?,:
0. That this plot Is of a survey that creates a subdivision of land within
the area of a county or municipality that has on, ordinance that
regulate* parcels of land;
b. That this plot is of a survey that to located In such portion of a
county or municipality that is unregulated as to an ordinance
that regulate* parcels of taryd;
C. That this plot Is of a survey of an existing parcel or parcels
of land;
C] d. That this plat is of a survey of another category, such as the
recombination of existing parcels, a court -ordered survey or other
exception to the definition of subdivision;
e. That the Information available to this surveyor In such that I am
unable to make a determination to the best of my professional
ability as to provisions contained in (a) through (d) above.
George R. Stone, PLS
Professional Land Surveyor, L-3162
CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE
I hereby certify that the subdivision plot shown hereon is exempt from
the Town of Siler City Subdivision Regulations by definition. The subject
lot(s) do not meet the requirements of the Town Zoning Ordinance.
The plot has been approved for recording in the Office of the Chatham
County Register of Deeds.
Date
Planning Director
REVIEW OFFICER'S CERTIFICATE
STATE OF NORTH CAR004A, COUNTY OF CHATHAM
is - - Review Officer for Chatham County
certify that the map or plot to which this certification is
affixed meets all statutory requirements for recording.
Review Officer,
Date
GROUNDWATER CONTAMINANTS, SOIL CONTAMINANTS, SEDIMENT SAMPLE COMTAMINANTS, SEDIMENT SAMPLE CONTAMIANTS & SURFACE WATER CONTAMINATS
a. 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
(µg/L)
Standard
(µg/L)
Benzene
MW-2
10/12/2016
1.86
1
Chloromethane
MW-2
10/12/2016
4.72
3
1,2-dichloroethane
DDMW-3
7/7/2016
1.30
0.4
Methyl tert-butyl ether
MW-1
5/20/2016
608
20
TMW-3
6/7/2016
230
TMW-9
6/9/2016
112
TMW- 11
3/24/2017
878
TMW-13
3/24/2017
192
Tetrachloroethene
WSW-2
08/24/2016
17.5
0.7
WSW-3
8/24/2016
4.66
Smith Property - Subiect of Amended Rrownfieldq Agreement -
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
(µg/L)
Standard
(µg/L)
1, 1 -Dichloroethene
GEO-1
9/19/2019
15
350/7'
Meth yl-tert-butyl-ether
GEO-1
9/19/2019
140
20
Pentachlorophenol
GEO-1
9/19/2019
7.OJ
0.3
'NC 2L groundwater standard is 7 gg/L when a private water well or public water system is
impacted; no water supply wells are located on this part of the Brownfields Property.
J - the reported value is between the laboratory method detection limit and the laboratory
method reporting limit.
b. Soil contaminants in milligrams per kilogram (the equivalent of parts per
million), the screening levels for which are derived from the Preliminary Industrial Health -Based
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January
2021 version):
Soil Contaminant
Sample
Depth of
Date of
Concentration
Above Screening
Industrial
Screening
Location
Sample (ft)
Sampling
Level'(mg
Level (mg/kg)
/kg)
SO-1 1-2 9/20/2016 3.2
S13-2 1-2 9/20/2016 4.94
SB-3 1-2 9/20/2016 3.36
SB-3 Du p 1-2 9/20/2016 3.03
SB-5 1-2 9/20/2016 6.82
SB-6 1-2 9/20/2016 4.92
SB-8 6-7 9/22/2016 3.25
SB-8 Du p 1 6-7 9/22/2016 1 3.6
Arsenic 2
SB-8 9-10 9/22/2016 4.07
-SB-9 1-2 9/22/2016 4.01 3.0
SB-10 1-2 9/22/2016 7.24
SB-10 2-3 9/22/2016 4.55
HA-1 1-2 9/23/2016 3.04
HA-2
1
9/23/2016
3.92
HA-2 Du
1
9/23/2016
3.54
CS-1
0-0.5
6/22/2017
3.01
CS-2
0-0.5
6/22/2017
3.14
CS-3
0-0.5
6/22/2017
7.10
Polychlorinated
Biphenyls High Risk
( as Total Non -dioxin
HA-3'
0-0.5
9/23/2016
0.009025
0.95
like)
Polychlorinated
(12 Dioxin-
HA-3
0-0.5
9/23/2016
0.000665
Congener -
like
like congeners)
specific
P-1soDropyltoluene
S-9A
0-4
5/20/2016
0.497
NS4
Phenanthrene
S-9A
0-4
5/20/2016
5.83
NS
C9-C 18 Aliphatics
medium
()
S-9A
0-4
5/20/2016
2,9149
93
C9-C22 Aromatics
medium to.-hig4)
(.- I
S-9A
0-4
5/20/2016
11670.8
120
aLa-cciiiiig iuveis uispiayeu ior non -carcinogens are for a tiazarct quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 7.24 mg/kg, within
typical background concentrations observed in North Carolina soil, and within certain site -specific
residential use criteria for arsenic.
3Sample HA-3 is a composite sample comprised of four sub -samples, the locations of which are
provided on the Brownfields Survey Plat, Exhibit B to the Notice of Brownfields Property.
'NS - No standard established for this compound.
&rnith Prnnertv -&iihieot of Amended Brown-Fieldo, A-areement:
Soil Contaminant
Sample
Location
Date of
Sampling
Concentration
Above
Screening Level
(mg/kg)
Industrial Screening
Level '(mg/kg)
ArseniC2
AOC-la
12/18/2020
4.8
3.0
AOC-2a Up
12/18/2020
5.9
AOC-3
12/18/2020
8.3
BMP-1
12/22/2020
3.5
BMP-2
12/22/2020
4.7
BMP-3 Dup
12/22/2020
3.6
SS-2
12/22/2020
3.2
SS-4
12/22/2020
4.2
SS-7
12/18/2020
5.2
SS-8
12/18/2020
4.5
SS-9
12/18/2020
4.0
SS-10
12/18/2020
3.7
SS-12-15
12/18/2020
3.2
SS-20-22
12/18/2020
3.3
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a LOE-6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 8.3 mg/kg, within
typical background concentrations observed in North Carolina soil, and within certain site -specific
residential use criteria for arsenic.
c. Sediment sample contaminants in milligrams per kilogram, the screening levels
for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals
(PSRGs) of the Inactive Hazardous Sites Branch of DEQ's Su erfund Section (January 2021
version):
Concentration
Sediment Contaminant
Sample
Location
Date of
Sampling
Above
Screening Level
Industrial Screening
Level 1 (mg/kg)
(mg/kg)
Arsenic
SED-1
9/23/2016
4.72
3.0
SED-2
9/23/2016
3.93
Benzo(g,h,i)perylene
SED-1
9/23/2016
0.0674
N53
SED-2
9/23/2016
0.0491
Phenanthrene
SED-1 1
9/23/2016
1 0.0837
NS
SED-2
9/23/2016
0.0752
1C;V1z1N UlNplilyuu for non -carcinogens are ior a tiazarct quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E -6 lifetime incremental cancer risk.
2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However,
the concentrations of arsenic detected in site sediment range from 3.93 mg/kg to 4.72 mg/kg, within
the range of site -specific soil samples, typical background concentrations observed in North
Carolina soil, and within certain site -specific residential use criteria for arsenic.
3 NS - No standard established for this compound.
Smith Property - Si ]hi evt of Ampn d PA Tlrn-,xm ri Al A c! A
Concentration
Sediment
Contaminant
Sample Location
Date of
Sampling
Above
Screening Level
l
Industriang
Screening
CP
(mg)g/k
Level (mg/kg)
'
4-Isopropyltoluene
AOC-1 SED
9/19/2019
0.0023
NS2
Benzo(g,h,i)perylene
AOC-2 UP SED
9/19/2019
0.36JD
NS
Phenanthrene
AOC-2UP SED
9/19/2019
0.47JD
NS
AOC-1 SED
9/19/2019
0.60JD
k3%'Ilulu11116 lc;vlul"s ui�Piayuu for non -carcinogens are ior a nazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E -6 lifetime incremental cancer risk.
2 NS - No screening level established
J - The reported value is between the laboratory method detection limit and the laboratory
method reporting limit.
D - The sample was analyzed at dilution.
d. Surface water contaminants in micrograms per liter, the standards for which are
derived from the North Carolina 15A NCAC 02B Water Quality Standards for Surface Waters
(June 2019 version):
Surface Water
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
(µg/L)
(µg/L)
Meth yl-tert-butyl -ether
AOC-1 SW
9/19/2019
0.47J'
NS2
Bromodichloromethane
AOC-2 UP
9/19/2019
0.87J
0.55'
SW
Pentachlorophenol
AOC-2
9/19/2019
6.9J
i.o4
Down SW
-i - me reported vaiue is between the laboratory method detection limit and the laboratory
method reporting limit.
2NS - No surface water standard or other water quality criteria established
3NC In -Stream Target Values for Surface Waters (June 2019 version)
4NC 2B standard for chlorinated phenols
SUR C)TY/CHATHAM COUNTY, NORTH CAROUNA
EXHIBIT B to the Notice of
Brownfields Property - SURVEY PLAT
REVISED
1101 E. THIRD STREET (Tax Parcel 61441)
1040 E. THIRD STREET (Tax Parcel 16852)
Unaddressed Parcel E. Raleigh Street (Tax Parcel 16864)
TOWNSEND & ACME-McCRARY SITE
BF Project Number: 20060-16-19
PLAT PREPARED FOR:
PROSPECTIVE DEVELOPERS:
MOUNTAIRE FARMS INC.
29292 John J. Williams Highway
Millsboro, DE 19966
Tax Parcel 61441 (PIN 8762-19-61-3516), 10.536 Acres +/�-
Tax Parcel 16852 PIN 8762-19-61-8014 23,781 Acres
+/--
Tax Parcel 16864 PIN 8762-00-70-3299 34.033 Acres
+/--
Inclusive of Area in R.Raleigh Stree (S.R. 2103) R/W
Area Computations by Coordinate Geometry
SCALE TOWNSHIP COUNTY STATE DATE
1 100' Matthews Chatham North Corolina 7-14-2016
SURVEYED- Stone Land Serveying Company JOB NO.
PH CYGM Business Certificate Number: C-1704 8516-BFR-3
MAPPED: George Robert Stone,, PLS L-3162 MAP NO.
113 Drum Lone (336) 998-4733 8516-BFR-3
GRS Mocksville, N.C. 27028
SHEET 4 OF 4
EXHIBIT C
LEGAL DESCRIPTION
BROWNFIELD TRACT 1
BEGINNING AT a'/2" EXISTING IRON PIPE LOCATED IN THE NORTHERN PROPERTY
LINE OF TAX PARCEL 61441, THENCE FOLLOWING THE SOUTHERN R/W OF E.
ELEVENTH STREET S 87 DEG 06 MIN 59 SEC E 44.58' TO A "MAG-NAIL" SET IN
CONCRETE CURB BEING A CORNER IN THE NORTHERN PROPERTY LINE OF TAX
PARCEL 61441; THENCE FOLLOWING THE SOUTHERN R/W OF E. THIRD STREET S 87
DEG 24 MIN 23 SEC E 46.05' TO A "MAG-NAIL" SET IN A CONCRETE CURB LOCATED
IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING
THE NORTHERN R/W OF E. THIRD STREET S 87 DEG 31 MIN 18 SEC E 91.22' TO A
"MAG-NAIL" FOUND IN AN ASPHALT DRIVE/PARKING LOT BEING LOCATED IN
THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE
SOUTHERN R/W OF E. ELEVENTH STREET S 88 DEG 14 MIN 40 SEC E 92.47' TO AN
EXISTING BOLT FOUND IN AN EXISTING ASPHALT DRIVE/PARKING LOT, BEING
THE NORTHWEST CORNER OF TAX PARCEL 16596 AND THE NORTHEAST CORNER
OF TAX PARCEL 61441; THENCE WITH THE EASTERN PROPERTY LINE OF TAX
PARCEL 61441 S 00 DEG 02 MIN 29 SEC E 189.40' TO A 3/4" EXISTING IRON PIPE
FOUND IN THE NORTHERN R/W OF E. THIRD STREET, BEING THE SOUTHWEST
CORNER OF TAX PARCEL 16596 AND THE SOUTHEAST CORNER OF TAX PARCEL
61441; THENCE CROSSING E. THIRD STREET S 24 DEG 03 MIN 58 SEC E 98.89' TO A
POINT LOCATED IN THE SOUTHERN R/W OF E. THIRD STREET, BEING A POINT
LOCATED IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 16852; THENCE
FOLLOWING THE SOUTHERN R/W OF E. THIRD STREET ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 5679.58' WITH A CHORD BEARING OF N 67 DEG 38 MIN 49
SEC E AND A CHORD DISTANCE OF 339.63' TO A11/2" EXISTING IRON PIPE BEING THE
NORTHWEST CORNER OF TAX PARCEL 16861 AND THE NORTHEAST CORNER OF
TAX PARCEL 16852, BEING LOCATED IN THE SOUTHERN R/W OF E. THIRD STREET;
THENCE WITH THE EASTERN PROPERTY LINE OF TAX LOT 16852 S 20 DEG 39 MIN
19 SEC E 253.97' TO A'/2" EXISTING IRON PIPE LOCATED IN THE EASTERN
PROPERTY LINE OF TAX PARCEL 16852; THENCE S 28 DEG 24 MIN 14 SEC E 259.93'
TO A11/2" EXISTING IRON PIPE BEING THE SOUTHWEST CORNER OF TAX PARCEL
16861 AND THE SOUTHEAST CORNER OF TAX PARCEL 16852 BEING LOCATED IN
THE NORTHERN R/W OF E. RALEIGH STREET (S.R. 2103); THENCE FOLLOWING THE
NORTHERN PROPERTY LINE OF E. RALEIGH STREET (S.R. 2103) BEING THE
SOUTHERN PROPERTY LINE OF TAX PARCEL 16852 THE NEXT SEVEN (7) CALLS:
1) S 60 DEG 35 MIN 25 SEC W 270.00' TO A'/2 REBAR SET; THENCE
2) S 60 DEG 41 MIN 25 SEC W 5.86' TO A 11/2" REBAR SET; THENCE
3) S 60 DEG 02 MIN 31 SEC W 106.53' TO A'/2" REBAR SET; THENCE
4) S 58 DEG 08 MIN 19 SEC W 112.59' TO A'/2" REBAR SET; THENCE
5) S 55 DEG 36 MIN 50 SEC W 113.10' TO A'/2" REBAR SET; THENCE
6) S 53 DEG 33 MIN 26 SEC W 106.47' TO A'/2" REBAR SET; THENCE
7) S 52 DEG 53 MIN 35 SEC W 452.63' TO A 2" EXISTING IRON PIPE
BEING THE SOUTHERN PROPERTY LINE OF TAX PARCEL 16852; THENCE
FOLLOWING THE NORTHERN R/W OF E. RALEIGH STREET (S.R. 2103) AND THE
SOUTHERN PROPERTY LINE OF TAX PARCEL 16852 S 52 DEG 52 MIN O1 SEC W
666.33' TO A 3/4" EXISTING IRON PIPE BEING THE SOUTHEAST CORNER OF TAX
PARCEL 16860 AND THE SOUTHWEST CORNER OF TAX PARCEL 16852; THENCE
WITH THE WESTERN PROPERTY LINE TAX PARCEL 16852 N 04 DEG 08 MIN 39 SEC
W 114.87' TO A 3/4" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF TAX
PARCEL 16860 AND THE SOUTHEAST PROPERTY CORNER 16858; THENCE
FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 09
MIN 45 SEC W 83.02' TO A 3/4" EXISTING IRON PIPE BEING THE NORTHEAST CORNER
OF THE TAX PARCEL 16858 AND THE SOUTHEAST CORNER OF TAX PARCEL 16857;
THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04
DEG 04 MIN 08 SEC W 82.90' TO A 1 & 1/4" EXISTING IRON ROD BEING THE
NORTHEAST CORNER OF TAX PARCEL 16857 AND THE SOUTHEAST CORNER OF
TAX PARCEL 16851; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX
PARCEL 16852 N 04 DEG 14 MIN 46 SEC W 64.95' TO A POINT BEING THE
NORTHEAST CORNER OF TAX PARCEL 16851 AND THE SOUTHEAST CORNER OF
TAX PARCEL 16849; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX
PARCEL 16852 N 04 DEG 14 MIN 46 SEC W 84.95' TO A %2" REBAR SET BEING THE
NORTHEAST CORNER OF TAX PARCEL 16849 AND THE SOUTHEAST CORNER OF A
15' RESERVED ALLEY, REFRENCE: GREEN VALLEY SUBDIVISION (PB 3 @ PG 17);
THENCE FOLOOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04
DEG 14 MIN 46 SEC W 15.00' TO A 1" EXISTING IRON PIPE BEING THE NORTHEAST
CORNER OF A 15' RESERVED ALLEY, REFRENCE: GREEN VALLEY SUBDIVISION (PB
3 @ PG 17) AND THE SOUTHEAST CORNER OF TAX PARCEL 16854; THENCE
FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 04
MIN 55 SEC W 115.50' TO A 1 & %2" EXISTING IRON PIPE BEING THE NORTHEAST
CORNER OF TAX PARCEL 16854 AND THE SOUTHEAST CORNER OF TAX PARCEL
16859; THENCE N 04 DEG 16 MIN 51 SEC W 99.32' TO A 1" EXISTING IRON PIPE BEING
THE NORTHEAST CORNER OF TAX PARCEL 16859 AND THE SOUTHEAST CORNER
OF TAX PARCEL 16853; THENCE N 03 DEG 47 MIN 35 SEC W 10.13' TO A 1" EXISTING
IRON PIPE LOCATED IN THE WESTERN PROPERTY LINE OF TAX PARCEL 16852;
THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04
DEG 17 MIN 40 SEC W 71.36' TO A 3/4" EXISITING IRON PIPE BEING THE NORTHEAST
CORNER OF TAX PARCEL 16853 AND THE SOUTHEAST CORNER OF TAX PARCEL
16848; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852
N 03 DEG 41 MIN 13 SEC W 14.05 TO A POINT IN THE WESTERN PROPERTY LINE OF
TAX PARCEL 16852; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX
PARCEL 16852 N 03 DEG 58 MIN 44 SEC W 108.43' TO A 3/4" EXISTING IRON PIPE
BEING THE NORTHEAST CORNER OF TAX PARCEL 16848, THE NORTHWEST
CORNER OF TAX PARCEL 16852 BEING LOCATED IN THE SOUTHERN R/W OF E.
THIRD STREET; THENCE CROSSING E. THIRD STREET N 02 DEG 31 MIN 52 SEC E
156.19' TO A'/2" REBAR SET IN THE EASTERN R/W OF JOHNSON AVENUE AND THE
WESTERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE
EASTERN R/W OF JOHNSON AVENUE AND THE WESTERN PROPERTY LINE OF TAX
PARCEL 61441 FOR THE NEXT SEVEN (7) CALLS:
1) N 44 DEG 17 MIN 23 SEC W 18.42' TO A'/2" REBAR SET; THENCE
2) N 36 DEG 49 MIN 04 SEC W 13.60' TO A'/2" REBAR SET; THENCE
3) N 20 DEG 39 MIN O1 SEC W 19.08' TO A'/2" REBAR SET; THENCE
4) N 12 DEG 50 MIN 50 SEC W 13.31' TO A 1/2" REBAR SET; THENCE
5) N 03 DEG 33 MIN 48 SEC W 31.87' TO A'/2" REBAR SET; THENCE
6) N 00 DEG 19 MIN 51 SEC E 19.07' TO A'/2" REBAR SET; THENCE
7) N 02 DEG 39 MIN 50 SEC E 556.05' TO A 1" EXISTING IRON PIPE
BEING THE SOUTHWEST CORNER OF TAX PARCEL 16654 AND A NORTHWEST
CORNER OF TAX PARCEL 61441; THENCE WITH THE NORTHERN PROPERTY LINE
OF TAX PARCEL 61441 S 86 DEG 27 MIN 15 SEC E 113.87' TO A 1" EXISTING IRON
PIPE BEING THE SOUTHEAST CORNER OF TAX PARCEL 16654 AND A NORTHERN
PROPERTY CORNER OF TAX PARCEL 61441; THENCE N 00 DEG 56 MIN 59 SEC E
35.56' TO A PK-NAIL SET IN AN ASPHALT DRIVE/PARKING AREA BEING THE
NORTHEAST CORNER OF TAX LOT 16654 AND A CORNER IN THE NORTHERN
PROPERTY LINE OF TAX PARCEL 61441 AND LOCATED IN THE SOUTHERN R/W OF
E. ELEVENTH STREET; THENCE FOLLOWING THE NORTHERN PROPERTY LINE OF
TAX PARCEL 61441 AND THE SOUTHERN R/W OF E. ELEVENTH STREET THE NEXT
THREE (3) CALLS:
1) S 87 DEG 08 MIN 45 SEC E 350.47' TO A %2" EXISTING IRON PIPE, THENCE
2) S 87 DEG 15 MIN 47 SEC E 149.31' TO A 1" EXISTING IRON PIPE, THENCE
3) S 87 DEG 19 MIN 22 SEC E 106.56' TO THE POINT OF BEGINNING,
CONTAINING 36.950 ACRES+/- INCLUSIVE OF AREA IN E. THIRD STREET R/W.
:lNeliv1v101a121IBMI iTolW
BEGINNING AT AN EXISTING 1" IRON PIPE, SAID IRON PIPE BEING A
NORTHWEST CORNER OF TRACT 2 LOCATED AT THE SOUTHERN R/W OF
E. RALEIGH STREET (S.R. 2103) BEING LOCATED N 52 DEG 48 MIN 41 SEC E 388.02' FROM
THE NORTHWEST CORNER OF TAX PARCEL 16862: THENCE WITH THE WESTERN LINE OF
TRACT 2 N 38 DEG 27 MIN 30 SEC W 29.29'
TO A POINT AT THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) BEING
THE NORTHWEST CORNER OF TRACT 2; THENCE WITH THE NORTHERN LINE OF TRACT 2
FOLLOWING THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) THE FOLLOWING SEVEN
CALLS:
1) N 52 DEG 52 MIN 30 SEC E 241.25' TO A POINT; THENCE
2) N 52 DEG 46 MIN 10 SEC E 477.15' TO A POINT; THENCE
3) N 53 DEG 26 MIN 18 SEC E 105.45' TO A POINT; THENCE
4) N 55 DEG 43 MIN 02 SEC E 112.06' TO A POINT; THENCE
5) N 58 DEG 02 MIN 53 SEC E 111.50' TO A POINT; THENCE
6) N 60 DEG 06 MIN 31 SEC E 105.87' TO A POINT; THENCE
7) N 60 DEG 28 MIN 18 SEC E 54.67' TO A POINT AT THE CENTERLINE OF
E. RALEIGH STREET (S.R. 2103) BEING LOCATED IN THE NORTHERN
LINE OF TRACT 2; THENCE LEAVING THE CENTERLINE OF E. RALEIGH
STREET (S.R. 2103) FOLLOWING THE NORTHERN LINE OF TRACT 2
S 87 DEG 38 MIN 15 SEC E PASSING THROUGH AN EXISTING 1" IRON
PIPE FOR A DISTANCE OF 38.04' AND CONTINUING ON THE SAME BEARING FOR A TOTAL
DISTANCE OF 190.57' TO AN EXISTING IRON PIPE LOCATED IN THE NORTHERN LINE OF
TRACT 2; THENCE WITH THE NORTHERN LINE
OF TRACT 2 S 87 DEG 32 MIN 28 SEC E 160.62' TO AN EXISTING 3/4"
IRON PIPE BEING THE NORTHEAST CORNER OF TRACT 2; THENCE
WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN 02 SEC W
288.80' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE EASTERN
LINE OF TRACT 2 S 00 DEG 39 MIN 45 SEC W 288.90' TO AN EXISTING
3/4" IRON PIPE; THENCE WITH THE EASTERN LINE OF TRACT 2
S 00 DEG 39 MIN 30 SEC W 316.22' TO AN EXISTING 3/4" IRON PIPE;
THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN
50 SEC W 349.92' TO AN EXISTING 1" IRON PIPE; THENCE WITH THE
EASTERN LINE OF TRACT 2 S 00 DEG 38 MIN 21 SEC W 496.23' TO
AN EXISTING AXLE BEING THE SOUTHEAST CORNER OF TRACT 2;
THENCE WITH THE SOUTHERN LINE OF TRACT 2 N 89 DEG 42 MIN
02 SEC W 462.90' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE
SOUTHERN LINE OF TRACT 2 N 89 DEG 43 MIN 38 SEC W 179.69' TO AN
EXISTING 3/4" IRON PIPE; THENCE WITH THE SOUTHERN LINE OF TRACT 1
N 89 DEG 42 MIN 29 SEC W 179.75' TO A NEW '/2" REBAR SET AT THE SOUTHWEST CORNER
OF TRACT 2; THENCE WITH THE WESTERN LINE
OF TRACT 2 N 02 DEG 24 MIN 14 SEC E 191.19' TO AN EXISTING 1&'/4"
IRON PIPE; THENCE WITH THE WESTERN LINE OF TRACT 2 N 02 DEG
31 MIN 18 SEC E 219.75' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH
THE WESTERN LINE OF TRACT 2 N 38 DEG 36 MIN 37 SEC W 231.78' TO
AN EXISTING 3/4" IRON PIPE; THENCE WITH THE WESTERN LINE OF
TRACT 2 N 38 DEG 27 MIN 30 SEC W 101.41' TO A NEW '/2" REBAR SET IN
THE WESTERN LINE OF TRACT 2 BEING THE SOUTHWEST CORNER OF TRACT I AS
SHOWN ON THE PLAT TITLED "RECOMBINATION SURVEY
FOR: MOUNTAIRE FARMS OF NORTH CAROLINA CORP. (SMITH SITE)"
RECORDED AT PLAT SLIDE 2020 PAGE 113 AT THE CHAT14AM COUNTY
REGISTRY; THENCE WITH THE SOUTHERN LINE OF TRACT I PREVIOUSLY
REFERENCED AND A NEW LINE FOR TRACT 2 N 51 DEG 32 MIN 30 SEC E
301.66' TO ANEW %2" REBAR SET BEING A NEW CORNER FOR TRACT 2 AND
THE SOUTHEAST CORNER OF TRACT 1 PREVIOUSLY REFERENCED; THENCE,
WITH THE EASTERN LINE OF TRACT 1 PREVIOUSLY REFERENCED AND A NEW LINE FOR
TRACT 2 N 37 DEG 06 MIN 15 SEC W 449.82' TO AN EXISTING 3/4" IRON PIPE BEING THE
NORTHEAST CORNER OF TRACT 1 PREVIOUSLY REFERENCED AND A CORNER FOR
TRACT 2 LOCATED AT THE SOUTHERN R/W OF E. RALEIGH STREET (S.R. 2103); THENCE
WITH THE NORTHERN LINE OF TRACT 1 PREVIOUSLY REFERENCED AND THE SOUTHERN
R/W OF E. RALEIGH STREET (S.R. 2103) THE FOLLOWING TWO CALLS:
1) S 52 DEG 48 MIN 42 SEC W 150.06' TO A POINT; THENCE
2) S 52 DEG 48 MIN 42 SEC W 162.31' TO THE POINT OF BEGINNING, CONTAINING 34.033
ACRES +/-, BEING TRACT 2 AS SHOWN ON THE PLAT TITLED "RECOMBINATION SURVEY
FOR: MOUNTAIRE FARMS OF NORTH CAROLINA CORP. (SMITH SITE)" RECORDED AT
PLAT SLIDE 2020 PAGE 113 AT THE CHATHAM COUNTY REGISTRY.