23080_Almont Shipping II_AWP_20210517

Geosy te&
consultants
Geosyntec Consultants of NC, PC
Ms. Kathleen Markey
Brownfield Program Project Manager
North Carolina Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Geosyntec Consultants of NC, P.C.
201 N Front Street, Suite 501
Wilmington, NC 28401
PH 910.726.3652
www.geosyntec.com
11 May 2021
Subject: Work Plan for Soil Gas Sampling
Site: Almont Shipping II
19 & 41 Harnett Street, Wilmington, North Carolina (New Hanover County
Parcels No. R04716-001-026-000 & R04712-002-001-000)
NCBP No. 23080-19-065
Dear Ms. Markey:
On behalf of Wilmington Waterfront Property Owner, LLC (the Prospective Developer [PD]),
Geosyntec Consultants of NC, P.C. (Geosyntec) has prepared this Work Plan for the above -
referenced North Carolina Brownfields Program (NCBP) property located at 19 and 41 Harnett
Street, Wilmington, NC (the "Site"). The North Carolina Department of Environmental Quality
(NCDEQ) approved Wilmington Waterfront Property Owner, LLC's 7 January 2020 Brownfields
Property Application (BPA) in an 18 February Letter of Eligibility (LOE). This Work Plan presents
the planned soil gas assessment activities to support the issuance of a Brownfields Agreement
(BFA) for the Site. We look forward to your review and approval of this Work Plan. Please do
not hesitate to contact Kaitlyn Rhonehouse (910-726-3652 or krhonehouse(a,geosytnec.com) if
you have any questions.
Sincerely,
Brandon Peach, PG (Nc, sc)
Senior Staff Scientist
Kaitlyn Rhonehouse, PE (NC, VA, FL)
Principal
Copies to: Luke Davis, Graham Tyrrell, William Edwards — Kettler Enterprises, Inc.
Mary Katherine Stukes — Moore & VanAllen

Prepared for
Wilmington Waterfront Property Owner, LLC
8255 Greensboro Drive, Suite 200
McLean, Virginia 22102
WORK PLAN FOR
SOIL GAS SAMPLING
New Hanover County Parcel No. R04716-001-026-000
& R04712-002-001-000
19 & 41 Harnett Street, Wilmington, North Carolina
Brownfields Project: Almont Shipping II
NCBP No. 23080-19-065
Prepared by
GeosyntecO'
consultants
Geosyntec Consultants of NC, P.C.
Geosyntec Consultants of NC, P.C.
210 N. Front Street, Suite 501
Wilmington, North Carolina 28401
Project Number GN7035
May 2020

PROFESSIONAL ENGINEER SIGNATURE
I, Kaitlyn Rhonehouse, a Licensed Engineer for Geosyntec Consultants of NC, P.C., do certify
that the information in this report is correct and accurate to the best of my knowledge.
Geosyntec Consultants of NC, P.C. is licensed to practice engineering in North Carolina. The
certification number (Firm's License Number) is C-3500.
Geosyntec Consultants of NC, P.C. is licensed to practice geology in North Carolina. The
certification number (Firm's License Number) is C-295.
Kaitlyn Rhonehouse, PE
Principal
North Carolina P.E. License No. 043548
Expiration Date: 31 December 2021
Geosyntec Consultants of NC, PC
201 N Front Street, Suite 501
Wilmington, NC 28401
Telephone: [phone]

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consultants
Geosyntec Consultants of NC, P.C.
TABLE OF CONTENTS
1. INTRODUCTION................................................................................................................... 1
1.1. Site Environmental History.............................................................................................. 1
1.2. Work Plan Objectives....................................................................................................... 2
2. SCOPE OF WORK................................................................................................................. 3
3. SAMPLING METHODOLOGY............................................................................................. 3
3.1. Health and Safety Planning and Utility Clearing............................................................. 3
3.2. Soil Vapor Probe Installation and Soil Gas Sampling ..................................................... 3
3.3. Decontamination.............................................................................................................. 4
3.4. Soil Vapor Probe Locating............................................................................................... 4
3.5. Soil Vapor Probe Abandonment...................................................................................... 4
4. LABORATORY ANALYSIS................................................................................................. 4
4. 1. Laboratory Analysis......................................................................................................... 4
4.2. Laboratory Reporting....................................................................................................... 4
5. QUALITY ASSURANCE/QUALITY CONTROL................................................................ 5
5.1. Field and Laboratory Procedure QA/QC......................................................................... 5
5.2. Chain of Custody QA/QC................................................................................................ 5
6. INVESTIGATION DERIVED WASTE (IDW) MANAGEMENT ....................................... 6
7. REPORTING...........................................................................................................................6
LIST OF TABLES
Table 1 Proposed Soil Gas Sampling Locations and Analysis
LIST OF FIGURES
Figure 1 Site Location
Figure 2 Site Layout
Figure 3 Proposed Soil Gas Sampling Locations
LIST OF APPENDICES
GN7035 Work Plan i March 2020

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Geosyntec Consultants of NC, P.C.
Appendix A 18 February 2020 NCDEQ Letter of Eligibility
Appendix B 2008 Notice of Brownfields and BFA
GN7035 Work Plan ii March 2020

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Geosyntec Consultants of NC, P.C.
1. INTRODUCTION
Geosyntec Consultants of NC, P.C. (Geosyntec), on behalf of Wilmington Waterfront Property
Owner, LLC (the Prospective Developer [PD), prepared this Work Plan for Soil Gas Sampling (the
"Work Plan") for two parcels located at 19 and 41 Harnett Street (New Hanover County parcel
IDs: R04716-001-026-000 and R04712-002-001, respectively), Wilmington, North Carolina
(these two parcels are collectively herein referred to as the "Site" and the "Almont Shipping II"
Brownfields Property and is shown on Figure 1 and Figure 2). The total acreage of the 19 Harnett
Street parcel is approximately 2.02 acres and the total acreage of the 41 Harnett Street parcel is
approximately 0.95 acres, totaling the combined acreage to 2.97-acres. The 19 Harnett Street
parcel and the northwestern portion of 41 Harnett Street parcel and surrounding area comprised
the "Almont Shipping Brownfields Property" (North Carolina Brownfields Program [NCBP] No.
10040-06-065; referred to herein as the "Almont Shipping Brownfields Property"). Figure 2
shows the location of the Site and the Almont Shipping Brownfields Property.
The North Carolina Department of Environmental Quality (NCDEQ) approved Wilmington
Waterfront Property Owner, LLC's 7 January 2020 Brownfields Property Application (BPA) in a
18 February 2020 Letter of Eligibility (LOE; NCBP No. 23080-19-065) (Appendix A). Geosyntec
has been retained by Wilmington Waterfront Property Owner, LLC to guide the environmental
efforts to produce a stand-alone Brownfields agreement (BFA) for both 19 and 41 Harnett Street
parcels that will supersede the existing BFA for Site portion of the Almont Shipping Brownfields
Property BFA only. Geosyntec has prepared this Work Plan to present proposed soil gas sampling
activities at the Site. This will establish pre-existing environmental Site conditions and support
issuance for the new BFA.
1.1. Site Environmental History
The Site and surrounding area operated as the former Almont Shipping terminal from 1870 until
2005. A BFA for the Almont Shipping Brownfields Property (NCBP No. 10040-06-065; the 19
Harnett Street parcel and northwestern of portion of the 41 Harnett St. parcel are included in the
existing Brownfields Property) was executed between the NCBP and Riverfront Holdings II, LLC
on 23 June 2008 (a copy of the BFA is included as Appendix B). The BFA was amended in 2014
to include an additional land tract owned by CSX. The Site, which is the subject of this Work
Plan, received eligibility for entry into the NCBP on 18 February 2020 to establish a new, stand-
alone BFA for only the two Harnett Street parcels.
Contaminants of concern (COCs) recorded for the greater Almont Shipping Brownfields Property,
which includes the Site, included various volatile organic compounds (VOCs), semi -volatile
organic compounds (SVOCs), pesticides, metals, and inorganics in soil and/or groundwater.
Pursuant to the BFA, land use restrictions (LURs) exist for the Almont Shipping Brownfields
GN7035 Work Plan 1 March 2020

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Property to maintain liability protections and minimize risks to human health and the environment.
These LURs are outlined in the BFA and include restrictions on land, groundwater, and surface
water use, and vapor intrusion mitigation, as applicable (notably, the vapor intrusion mitigation
LUR does not include the Site).
A Brownfields Site Assessment Report prepared by Geosyntec and submitted to NCDEQ on 13
July 2020 revealed detections of one SVOC (benzo(a)pyrene) and two metals (arsenic and
hexavalent chromium) above Residential PSRGs from one or more samples. Additionally, arsenic
exceeded its commercial/industrial PSRG in each soil sample collected. A human health soil risk
screening was performed using the NCDEQ risk calculator, the results of which do not indicate
unacceptable cancer or non -cancer risks to hypothetical residents, recreators/trespassers, non-
residential workers, or construction workers due to exposure from Site soils. No other VOC,
SVOC, or metal detections were above a PSRG in soil samples and no pesticides were detected
above a method detection limit (MDL). Groundwater sampling revealed detections of methyl
chloride, arsenic, and chromium above 2L Standards/IMACs. No other VOCs, SVOCs, or metals
exceeded an applicable groundwater standard, and pesticides were not detected above MDLs. The
maximum concentration of methyl chloride (a volatile species) was detected below NCDEQ
residential VISLs for potential vapor intrusion considerations. Hypothetical vapor intrusion risks
were therefore not quantified.
The Almont Shipping Brownfields Property parcels are currently owned by various unique entities
and portions of the Brownfields Property have undergone development. The two Site parcels were
purchased by the PD in June 2019. The western 19 Harnett Street parcel consists of paved parking
and a stormwater detention pond associated with an adjacent marina and restaurant; this
development was completed prior to Wilmington Waterfront Property Owner, LLC's acquisition.
The eastern 41 Harnett Street parcel is vacant and undeveloped and has been temporarily used to
store excess soil from the previous 19 Harnett Street development activities. The Site is planned
to be developed for multi -family apartments, retail space, and an associated parking garage. Other
than bulkhead work, no development or construction has been completed by the PD to date.
The remainder of this Work Plan provides a proposed scope of work to complete soil gas sampling
at the Site to establish baseline conditions to support the BFA.
1.2. Work Plan Objectives
The scope of work described herein was prepared to meet the following objectives:
• Obtain soil gas data to evaluate potential vapor intrusion risk to indoor air
The soil gas assessment will be used to obtain site -wide coverage and to evaluate potential impacts
from surrounding properties.
GN7035 Work Plan 2 March 2020

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Geosyntec Consultants of NC, P.C.
This Work Plan was prepared following the NCBP Environmental Site Assessment Work Plan
Minimum Requirements Checklist (November 2018).
2. SCOPE OF WORK
The scope of work includes the assessment of site soil gas beneath proposed residential building
footprints and elevator shafts. The site soil gas assessment includes the advancement of seven (7)
temporary soil vapor probes across the two Site parcels depicted on Table 1 and Figure 3. Soil
vapor probes will be installed to a depth of 4 to 9 feet below ground surface (ft bgs), as described
in Section 3.2.
3. SAMPLING METHODOLOGY
3.1. Health and Safety Planning and Utility Clearing
Prior to the start of work, Geosyntec will prepare a site -specific Health and Safety Task Hazard
Analysis in general accordance with the Occupation Safety and Health Administration (OSHA)
rules (29 CFR 1910.120). To address potential underground utilities, Geosyntec will contact the
North Carolina 811 one -call system a minimum of 72 business hours before beginning the
assessment to notify member utilities of the subsurface work. Procedures will generally follow
the Operating Procedures as determined by the U.S. Environmental Protection Agency (USEPA)
Region IV Science and Ecosystem Support Division (SESD). The most current versions of these
operating procedures can be downloaded at:https://www.epa.gov/qualityquality-system-and-
technical-procedures-sesd-field-branches. Additional media specific procedures are discussed
further below.
3.2. Soil Vapor Probe Installation and Soil Gas Sampling
Eight (8) soil vapor probes (SGP-1 through SGP-8) are proposed for the collection of soil gas
samples. Proposed soil vapor probe locations are shown in Table 1 and Figure 3.
Soil vapor probes will be installed approximately 1 to 2 feet above the groundwater, at depths
ranging of between 4 and 9 feet below ground surface (bgs). Each soil vapor probe will consist of
1/4-inch diameter Nylaflow® tubing connected with a compression fitting to a 1/4—inch-diameter
stainless steel sampling probe. Geosyntec will supply both the Nylaflow tubing and soil vapor
probes. Probes will be installed inside the borehole and a sand filter pack will be placed in the
annulus to a height of approximately 6 inches above the top of the screen. Granular bentonite will
then be placed in two lifts of approximately 3 inches above the filter pack and hydrated with a
small amount of distilled water after each lift. A thick slurry of powdered bentonite and water will
be added to seal the remainder of the borehole annulus to ground surface. The top of the probe will
be fitted with a compression -fit brass ball valve to maintain an air -tight seal between installation
GN7035 Work Plan 3 March 2020

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and sampling. The soil vapor probes will then be allowed to equilibrate overnight prior to
sampling.
Prior to sampling, soil vapor will be purged and analyzed for the presence of volatile organic
compounds (VOCs) using a PID and carbon dioxide, methane, and oxygen using multi -gas meter.
A helium shroud will be used during sampling as a leak check for outdoor air being introduced
into the samples.
Soil vapor samples will be collected in pre -evacuated, batch certified -clean 1-L Summa
CanistersTM equipped with 200 milliliters per minute (mL/min) flow controllers (e.g., 5-minute).
After sample collection, the canisters will be transported via Fed Ex to a North Carolina -certified
laboratory for VOC analysis by Environmental Protection Agency (EPA) Method TO-15. One
quality control (QC) duplicate soil sample will be collected.
3.3. Decontamination
Disposable equipment will be used as practical. However, as needed, equipment will be
decontaminated using an initial water rinse followed by cleaning with Alconox® and final rinse
of deionized water.
3.4. Soil Vapor Probe Locating
A handheld GPS unit and field measurements will be used to collect the approximate coordinates
of the soil vapor probes.
3.5. Soil Vapor Probe Abandonment
Following sample collection, soil vapor probes will be abandoned using excess soil and bentonite.
4. LABORATORY ANALYSIS
4.1. Laboratory Analysis
Following collection, soil gas samples will be sealed and submitted to a North Carolina -certified
laboratory analysis following chain of custody procedures (Section 5.2).
4.2. Laboratory Reporting
Laboratory reporting limits (RLs) and method detection limits (MDLs) used by the selected North
Carolina -certified laboratory for methods will meet respective NCDEQ Division of Waste
Management (DWM) VISLs (May 2020) to the extent feasible. Concentrations detected between
GN7035 Work Plan 4 March 2020

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the RL and MDL will be reported as estimated values and flagged in the laboratory analytical
report with a "J". Level II Quality Assurance (QA)/Quality Control (QC) will be reported in the
analytical report deliverable.
5. QUALITY ASSURANCE/QUALITY CONTROL
5.1. Field and Laboratory Procedure QA/QC
One blind duplicate soil gas sample (SGP-DUP-1) will be collected and submitted for laboratory
analysis as indicated in the sections above.
5.2. Chain of Custody QA/QC
Geosyntec will initiate chain of custodies for soil gas samples in the field documenting sample
collection information including but not limited to:
• The Sample Collector's Name;
• Project Information and Location;
• Geosyntec Project Manager Contact Information;
• Sample Identification Number;
• Date and Time of Sample Collection;
• Type of Analysis; and
• Type and number of containers
Samples will remain in the custody of Geosyntec until they are ready for shipment. Geosyntec
will relinquish the samples and chain of custodies (noting date and time of relinquishment) to the
laboratory courier who will sign the chain of custody as receiver (noting date and time again).
Geosyntec will retain a copy of the chain of custodies signed by the courier.
Sample coolers and the chain of custodies will be sealed in an appropriate shipping container/box
and sent to the address of the selected laboratory.
A representative from the selected laboratory's sample receiving will sign respective chains of
custody verifying receipt of the samples by each respective laboratory location. A copy of fully
executed chains of custody will be provided in the final laboratory analytical report deliverable.
GN7035 Work Plan 5 March 2020

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6. INVESTIGATION DERIVED WASTE (IDW) MANAGEMENT
IDW (soil cuttings) will be screened at each soil vapor probe boring with a Photoionization
Detector (PID). Soil staining and/or odors will be recorded in the field. If visible soil staining
and/or odors are detected, IDW will be containerized in 55-gallon steel drums and stored in a
designated area of the Site pending disposal based on laboratory results. IDW will be disposed of
in general accordance with 15A NCAC 02T.1503 and 15A NCAC 02H. 0106. If no staining and/
or odors are observed, IDW will be distributed onto on -site stockpile.
7. REPORTING
The results of the soil gas sampling will be summarized in a report to be submitted to the NCBP.
The report will include the laboratory analytical data report, tabulated laboratory analytical data
compared to applicable screening criteria and results of the NCDEQ Risk Calculator screening,
figure showing final sampling locations, and soil gas probe logs (including PID readings). The
final report will be signed and sealed by a Professional Engineer and will include Geosyntec's
Professional Engineer and Professional Geologist license numbers. We understand the results of
this investigation will be used to help develop the BFA.
GN7035 Work Plan 6 March 2020

FIGURES

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Site Parcels
Notes:
I. Aerial imagery provided by ArcMap10.5, ESRI
2. Parcel Boundary obtained from New Hanover County, NC online
GIS database.
-31
Site Location
19 and 41 Harnett Street
New Hanover, NC
Geosyntec°
consultants Figure
G }ranee Coruulronts of Nl�PG.
Raleigh, NC May 2021 1

Area of Potential Vapor Concern
Parcels
Brownfields Boundary
Site Parcels
Notes:
1. Aerial imagery provided by ArcMapl0.5, ESRI
2. Parcel Boundary obtained from New Hanover County, NC online
GIS database.
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Notes:
G Site Boundary 1. Service Layer credits: Proposed Soil Gas Sampling Locations
C Residential Units Source: Esri, DigitalGlobe, N
C Amenities GeoEye, Earthstar 19 and 41 Harnett Street
[- Retail Geographics, CNES/Airbus Wilmington, NC
DS, USDA, USGS,
QElevator Shaft AeroGRID, IGN, and the GIS Geosyntec�- Fi
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TABLES

TABLE 1
PROPOSED SOIL GAS ANALYSIS
19 and 41 Harnett Street, Wilmington, North Carolina 28401
Brownfields Project: Almont Shipping II: NCBP No. 23080-19-065
Sample ID
Type
Analytical Method
Sample Objective
Obtain soil gas data to evaluate potential
SGP-1
Soil Gas
Grab samples VOCs by EPA Method TO-15
vapor intrusion migration from southern and
eastern off -site sources
SGP-2
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk related to elevator shaft
SGP-3
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk to indoor air
SGP-4
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk related to elevator shaft
SGP-5
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk to indoor air
SGP-6
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk to indoor air
SGP-7
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk to indoor air
SGP-8
Soil Gas
Grab samples VOCs by EPA Method TO-15
Obtain soil gas data to evaluate potential
vapor intrusion risk to indoor air
SGP-DUP
Soil Gas
Grab samples VOCs by EPA Method TO-15
QA/QC
Notes:
EPA indicates Environmental Protection Agency
VOCs indicates Volatile Organic Compounds
All samples will be collected between 4 and 9 feet below ground surface
Page 1 of 1

APPENDIX A
18 FEBRUARY 2020 NCDEQ LETTER
OF ELIGIBILITY

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary February 18, 2020
MICHAEL SCOTT
Director
Sent Via USPS and email
Sean Curtin
Wilmington Waterfront Property Owner, LLC
8255 Greensboro Drive, Suite 200
McLean, VA 22012
[e-mail]
Subject: Letter of Eligibility
Almont Shipping II
19 and 41 Harnett Street
Wilmington, New Hanover County
Brownfields Project Number 23080-19-065
Dear Mr. Curtin,
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your January 7, 2020 Brownfields Property Application (BPA) and additional
information (received on January 11, 2020) submitted by Geosyntec Consultants of NC, PC on
behalf of Wilmington Waterfront Property Owner, LLC as a Prospective Developer seeking a
Brownfields Agreement regarding the Brownfields Property. Upon review of the BPA with
respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has determined
that this project is eligible for entry into the North Carolina Brownfields Program (NCBP) and
for continued evaluation for a Brownfields Agreement (BFA).
The next step in the BFA process will involve a detailed review of available
environmental and other relevant data to determine what is currently known about contamination
at the Brownfields Property, and what, if any, information gaps may exist that may require
additional assessment. We are in receipt of the environmental reports previously submitted with
NCBP No. 10040-06-065.
If available, historical Brownfields Property information from the files of DEQ's
Division of Waste Management will also be utilized during the evaluation process. Please
forward any additional information or data you may have or can acquire for our evaluation. This
should include reports from other DEQ agencies or regional offices. We will contact you
regarding any additional assessment that may be necessary to establish that the Brownfields
Property is or can be made suitable for the intended reuse, as required by statute.
aprsrmdBaRaYerwGWp�
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Almont Shipping II
February 18, 2020
Page 2
According to the BPA, the intended redevelopment for the Brownfields Property is for
multi -family residential, retail, and an associated public/private parking garage. Because risk
management decisions may vary depending on the nature of the redevelopment, it will be
important that DEQ review the locations of the various elements. Please forward any maps or
drawings indicating these details, even if they are only preliminary or conceptual.
Please note: pending execution of a final BFA, NCBP eligibility is provisional. The
protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA is
executed. If you occupy the Brownfields Property or operate or conduct activities at the
Brownfields Property that result in a release of regulated substances before a BFA has been
finalized for the Brownfields Property, you may be considered to have caused or contributed to
contamination at the Brownfields Property. Because an entity that could be considered to have
caused or contributed to contamination at the Brownfields Property cannot be a Prospective
Developer under the Act, your eligibility for participation in the NCBP would be placed in
jeopardy. Consult closely with your Project Manager regarding any planned site activities prior
to agreement finalization. You are cautioned to conduct all such operations and activities at the
Brownfields Property with great care not to cause a release of regulated substances at the
Brownfields Property that could jeopardize your eligibility for participation in the NCBP.
If a party other than Wilmington Waterfront Property Owner, LLC will own the
Brownfields Property at the conclusion of the brownfields process, the final document (which
gets recorded at the register of deeds' office) must be signed not only by Prospective Developer,
but by that owner. Failure by the Prospective Developer to ensure, by the time the BFA
negotiations are complete, the willingness to sign of any such party, and to provide DEQ the
exact name, email address, telephone number, and US mail address of the party (along with the
signatory/signatory's tile in the case of an entity) will delay, and could prevent, the BFA taking
effect.
We are excited about the potential for public benefit offered by the reuse of the Almont
Shipping II property and look forward to working with you to advance this brownfields
redevelopment project. If you have questions about this correspondence or require additional
information, please feel free to contact the project manager Caroline Goodwin by phone at 919-
707-8376 or by e-mail at [e-mail].
Sincerely,
Zh44, gg­,�
Bruce Nicholson
Brownfields Program Manager
ec: Central Files, DEQ
Ellen Lorscheider, DEQ
Caroline Goodwin, DEQ
Sharon Eckard, DEQ
Kaitlyn Rhonehouse, Geosyntec Consultants of NC, PC

APPENDIX B
2008 NOTICE OF BROWNFIELDS AND

x
x
x
2008027377
FOR REGISTRATION FlEGISTER OF REEDS
REBECCA P . SMITH
NEW HANDVEF! COUNTY, NC
2008 JUN 26 104-02:35 PM
BK:5326 PG:1093a.,1153 FEE:$191.00
Prope Owners. Riverffont Holdings 111, LLC
Recorded in Book 53 _ , Page SCA
Associated plat recorded in Plat Book ,Page
RETURN TO NOTICE OF BROWNFIELDS PROPERTY
2'pa
xv*r /c." 1 6f
This documentary component of a Notice of Brownrields Property ("Notice"), as well as
the plat component, have been filed this ZS "'' day of . 71 ,> Y%sL,_ 200 by
Riverfront Holdings 11, LLC (hereinafter "Prospective Developer").
The Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Departm
Natural Resources (hereinafter "DENR") is required to be filed in the Register of Deeds'
Office in the county or counties in which the land is located, pursuant to North Carolina
General Statutes (hereinafter "NAGS"), Section (hereinafter "§") 130A-310.35(b)o
ent of Environment and
This Notice is required by NCGS § 130A-310,.35(a), in order to reduce or eliminate the
danger to public health or the environment posed by environmental contamination at a
property thereinafter the "Browafields Property") being addressed under the Brownflelds
Property Reuse Act of 1997, NCGS § 130A, Article g, Fart 5 thereinafter the "Act").
Pursuant to NCGS § 130Al-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DENR's approval of
the Notice or Prospective Developer's entry into the Brownflelds Agreement required by the
Act, whichever is later., Pursuant to NCGS § 130A-310.35(c), the copy of the Notice certified
by DENR must be recorded in the grantor index under the names of the owners of the lend
and, if Prospective Developer is not the owner, also under Prospective Developer's name.
The Brownfields Property is locatedi'n Wilmington, New Hanover County, North Carolina. It
is comprised of approximately 23.37 acres on the east bark of the Northeast gape Fear Rimier,
generally between Hanover Street and Cowan Street. The former Almont Shipping terminal
property, of which the Brownfields Property is a part, was used from approximately 1870 until 2005
priman*ly as a shipping termi nal. Numerous commodities were stored on the site during that period.
A portion of the svuthem part of the former shipping terminal properly was also used as a bulk
1

t
14
petroleum storage facility from approximately 1893 until approximately 1898. The Brownfields
Property will be redeveloped for mixed use, which may include high -density residential, marina,
hotel, office, retail, perfo ance/concert hall, meeting/convention facility, open space/outdoor
recreation and related automobile parking uses.
The Brownrields Agreement between Prospective Developer and DENR is attached
hereto as Exhibit A. It sets forth the use that may be made of the Brownflelds Property and
the measures to be taken to protect public health and the environment, and is required by
NCGS § BOA-310.9329
Attached hereto as Exhibit B i s a reduction, to 8 1/2 " x 11", of the suryey plat required by
NCGS § 130A-310.35(a). It is a plat of areas designated by DENR that has been prepared and
certified by a professional land surveyor and that meets the requirements of NCGS § 47-30. That
plat contains the following information required by NCGS § 130A-310.35(a):
(1) The location and dimensions of the areas of potential environmental concern with respect
to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to exist
on the Brownfields Property. The following table also sets forth the type and quantity of such
substances:
N
WO
E.�
Table A
Groundwater Sample Date of Max.
Contaminant Location concentration
Sampling
Maximum
Concentration
above Std. (gg/L)
MW-8 I 9-27-2007 I 172
MW-10 I 9-27-2007 I 488
DW-2 I 9-27-2007 I 220
MW-3(new) 9-27-2007
MW-4(new) 9-27-2007
MW-5(new) 9-27-2007
MW-6(new) 9-27-2007
MW-81 9-27-2007
NfW.9 I 9-27-2007
MW-10 9-27-2007
DW-2 9-27-2007
2
771
830
1330
2610
659
738
N-b E VA
Standard
(gg/L)

0
*Refers to samples collected at Almont Shipping office from Phase II ESA of Almont Shipping Office, +1- 1.25
k

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- . } r h�?�rr•%�. �-so-¢"�°�••`'.k���•�:��.;+'ti,r�.���twS'
' y r
xi-a5`��+,w\.,,,,... �._.. .k r ._ nt•L rh -,,. ,.,,.,. .. _. •r• +k{.vc,�.l. _. �.
;;..• f ¢ •� "'' } }fie
a.:�};. tri$dt['�{{�;I+J�Ls � x i .�rw:4�:k��;Y yyam�, ,{ X.t � - � � r�v�+r'i, f 'd• • t_
hN }• $}} r �r ���..v� � x ti x� ,C.� '7 '� '�' - i • : t •};,•,c,.ti rrr.xr ,k+s } �c • "' .� �• r :} �•} r � � <• v,
'j '•h.+r;:,.° r ,.. .' " '. �• , •;�;> r;':n 'rx, ihr - °'• K s'i:,� �:h� �' f „dtv �
��'oc. f�.. t+o- ti•,r,.�,.. ..�'�. ry,.a. �r '• ¢ ,� • vr•L•�•- ,.� t
t .:� tp•S �••r •Soc-r_,r}'• n• f .t x �.•,... ,. � i�t.=;l: -N vx�: w '�J:,. f•}i,o-• ."k' n r r {":V .=tr•t� .r . .. ,... .. r .�..
'hv.., f,} ' •, x+c+�.••n• .. .• ..• f.: ,v..••..': n > „ •> • x }••� } � y '• � ��c�s: � ..v rt x • - y,r L... .V• �crc•} �,cf _ ,.,� ti
_ �"4..-..,•,.. ,.,..... ,•{,.;,r."..,:C'�•, _�r'`;;s`;"fig., ._.t. �,. .^G' �.r.�•r v'. } v'�'{�,t tLJ.,r •�•
• �r r°"7°4^x�kr ll ,.`. "y}•y, _^is # • ?. �..•••� v�v: 'r,.": rtt tir� ' �rvr ,. ¢ _ '�' r•� �:�. {r�' .if•, ¢• v rr l� } •� ,�,h� ,ti � •f {•1• }. � �,6 , -
_• s Nry ; ry `. .' : ry } r- } J wr v �'!.�, t � ti r i,po- fr• i - '!. r i' �'-04 M1 h
..� Ns fir.,:x "�xr:' ..�•..� ''. •.• r •�o�r .h7s,. '~ }•1• ' - �,r. � • r:r•! �!y � ° t. ._trx {•,f,:, `�,.r� } - � .rt
h
,
'`c'�`�':.,�
.. �••.kw•,r ... ..,. _. , ' . i o'G�.r.}• : •,,; •n }„ •r .•vim-ln,r +o- •' r .. ": ,}r .• •'=x4t ��'i�v�r }+, vN h✓'' r rr ,rn
rk Y �?. % # n rjh ti.•,y 4. r v v �:h•_ v •• vrhr
amma
w f � � r � . z.4
'aCNv
. {ham 7. •� 1 �' y
' ?'��'�. x•. y'�, •rays• ,, , p ._. .:}:°. { ��+•Y, ..��#:_. �..... ":7�.. I., .:?. ,,..
,ME

7
k
h
*Std. is for Chromium VI, though, where differentiated, no Chromium VI was detected.
**Duplicate samples
** *This soil sample was collected during installation of MW-11 in course of Phase I1 ESA of Almant Shipping
office, +1- 1. 25 acres, not during installation of MW-11 elsewhere an Property during CSA.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be
sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) also requires that the Notice identify any restrictions on the current
and future use of the Brownfields Property that are necessary or useful to maintain the level of
protection appropriate for the designated current or future use of the Brownfields Property and that
are designated in the Brow-nfields Agreement. The restrictions shall remain in farce W pe etuity
unless canceled by the Secretary of DENR (or its successor in function), or his/her designee,
after the hazards have been eliminated, pursuant to NCGS § 130A.&310.35(e). All references to
DENR shall be understood to include any successor in function. The restrictions are hereby
imposed on the Brownfields Property, and are as follows:
1. No use may be made of the Brownfields Probe
residential, marina, hotel,. offic
retail
other than for-hiah-odensi
erformaacelcvncert _hall, meetin
acility, ouen space
aut„d,00r
recreation 6 and
related automobile -parkin parkin
the meanine_of
this
land use
restriction, the
following
definitions anvt
a,. '-'1 h=dn1
gIconvention
ur oses. Within
residential" refers to structures used as multi -unit human
dwellin2s, such as duvlexestriplexes,
guadri lexes condoia town homes
and
apartments, in which
units are
attached to each.. other with common walls and
anv
associated pro
inhabitants.
erty outside the structure(s) may be _used, but is not owned, by particular
b. "Marina" refers to a port within a sheltered harbor where boats and
achts are kevtin the_ water or stored out of the water in
dock. A marina may have
refueling, washing and repair facilities for vessels _and. rooms, bathing. stores, restaurants
meetin
facilities, and vehicle and trailer
Op
arkin
C. "Hotel" refers to a building
that Provides averni ht lodeinz facilities and
management and reception services for uavix
for use b
customers or members,,
containing more than four individual rooms
reservatioleanin
� customers.
5
utilities and on -site

i
I
W
%. d. "office" refers to a
provided.
lace where business or
e. "Retail" refers to the sale of
the consumer., includin
for the
restaurants.
rofessianal services are
pods, products or merchandise directly tv
f. "Performance/concert hall" refers to indoor or outdoor facilities suitable
resentation of artistic and or musical productions, including but not limited to
amphitheaters and auditoriums.
Mace for
g. "Meetin ,convention fac'li#v" refers to one or more buildings orovidin
atherings of persons and related support services for paWag customers.
h. "'Oven sce/outdoor recreation" refers to landscaped or natural areas set
aside for the -passive recreational use of residents/users of a develoDment or of the zeneral
ublic and to ic or pnvate i-yolf courses tennis courts, ball Feld
similar active uses not enclosed in buildin
NCBP, but_ the terms do not include an
surface, such as swimming -pools.
ball courts, and
that are apvroved in wnftiniz in advance by
activities involviaQ structures below ground
L "Parking" refers to an area designed and deli
60m
accommodation of motor vehicles for a fee or as a service.
ated for teMDor
2. Ia, the area_denominated "Area of Potential Vapor C,o„ace,rn'_oa the slat
I� .■ • zr � r . ■ . . . . �. Sri-.ww . . ..
component of tnis P ocice, no ouuaiag may ,.ne.constructea unto irunr nas been consulter
reeardine the vroxintily of the p janned buildin to the Brownflelds Prop i
contaminant plume. If NCBP determines, that the fOOt]Dnint of a building, 1
constructed on the Brownflelds Property would fall within 100 feet of said
's volatile
ro peed to be
plume, it may
not be constructed without a vaipor barriers-ystem and/or mechanical or ipassive_vapor
9 itigation system avuro�ed in writingin advance by-NCBP. Within 30 days following
installation of the vapor barrier s
r tivation
s s tem, NCBP shall be uro�ided with _certiFcatioa of proper installatio �n under seal of a
rofessianal en
tem and/or mechanical or
installation and a brief narrative describini,
assive va
Weer licensed in North Carolina, as well as Dhotoizrat)hs illu5trati�
it-9 With NCBP's .prior written approva
the
additional investization activities including. without limitation, soil gas samples, uerformed
to NCBPIs written satisfaction, may
mitigation system Rossibly excused,
be conducted, and installation of a barrier and/or
so long as the
commitment to install a barrier and/or miti ation s stem if NCBP so re uires based on
review of a resort of the investileation activities that NCBP deems adequate.
proponent makes an advance written
I No build'n on the Brownfields Provertma_y be used until mechanical
ventilation with outdoor air is
royided in com fiance with the most current �ersioa of the
Mechanical ventilation section of the Ventilation chapter of the North Carolina State
Building Code ("Code") or another standard a
roved is writine in advance b
NCBP

gh
fLilqi ri�rFii iL�7{{i{n7 {V 1\�+JJi • L7.1� iV{aJ1116;rl �I
containerisedsampled and delsposed of to NCBP
ction or excavation activities may _OCC,ur onther„�fie_ldr_sPraperv,w�thout u,r�or
Sam in and analy, si_s of groundwater, to the satisfaction oNCBP and subn'uital of the
lv+vjm a I 1'OC11IfL' f., nrrup A a�,s�n,. K"MV VI,LU t V. rail ound shall b�
3b V1M7"AM 8A+7LI �A A*7AM ffw�Altin *1
-10d
reouiremeni is waiven in writint-in aavanee t)vNL:t$F reizardinQ a particular instance of
Pumving. If the analytical results disclose to NCBP conta 'n� n n excess of North
Carolinalslroundwater -quali stand`ar_ds, the jumosed activities may not occur without
the written approval of NCBP on such conditions as NCBP imaoses, including at a
minimum the re uisite legal awDrovalilfany, of 121ans and procedures to protect iDubli"c
health and the environment during. the proposed activities.
6. Soil on the Brownflelds ProveM Way not be disturbed without a minimum of
seven(7) business des ad�,e written no, tice to NCBP. unles_ s the NCBPstates
in writ�na in advance. At the finie the soil in question is exposed, NCBP may insuect and
sample, or re uire sampling of, the e
discovered that NCBP determines would likely eontamina
inants. If soil contamination is
ru n
dwater even if ca
or,that m„arose a�,m`nt threat- to nublic health or the environment if disturbed.
much toil as NCBP reasonably reguires shall be be removed and disposed of in accordance
with apllicablw e law, or treated % situ „in, accordance _with aDlan aP^ed n writ�in
advance bv NCBP, and any other actions that NCBP reasonably requires to make the
Brownrields Provertv suitable for the uses, sipeciffied in„ Land, Use Restn*ctl*on�l,,, awe while
fuk-yrotecOai! vublic health and the environment shall be takes. If soil contamination is
discovered that NCBP determines would. neither contaminate Qraundwater nor nose an
imminent threat to public health or the environment if ea
�notwithstandina anvbons the Code or alternative standard m contain, unless
corn Hance with this landu r t ro ti u i waived in r iti n by NCBPrn nce in
re2ard to parficul r eniari!ements or bufldlnars. Within 30 days follow" in ll ion * f
th o u h l" a^ # imm a im h o s",n a l a,■ " '" Alw" 1 » U*1 A w111M ek e+ wqM AN A &w& O a& mom m% &ft & u � -St A% &%
ventilation s
tem in tonne
n w!
enlargement of an existing buildin
rofessional
engineer licensed in North Carolina shall 12rovide NCBP certification derse�hat the
ventilation stem was installed in accordance with its deslOn specifications and cvmalies
with the Code.
4. Surface water and underground water at the Brownflelds Prone
ENO
used for any ipurpase_without the _prior written anuroval of NCBP.
DE
suu
mav not be
5. Except for e9
nvironmental testine, remedi*a:1Q�II`nitnri,.nzre�quired b3:
R. no a�iti�'e„s�th„at remove or use o Qru`ndwater„ for example, installation of water
IV wells. fountaWs. coeds. lakes or swimming nonlc Cueolieti by QrnunriwAter_ nr
CORStI"ll
as much soil as NCBP
reasonably requires shall be removed and disposed of in accordance with
treated in situ in accordance with a lap a raved i� writin in advance 1
camped to the written satisfaction of NCBP.
7. ,No mini_IIg
may be conducted on
or under
the Brownfields Prove
without
limitation
extraction of coal OR,. 2as
or an-V
other mineral or non-]
7
21licable law
NCBP, or
includ
neral

t
qb
'substances.
8. None of the contaminants known to be Rresentl"n the environmental media at the
Brownfields Property, including those listed in Tables A and B above, may, be used or
stored at the Brownfields Property without the Rrior amproval of NCBP, except for de
►ninimis amounts of such substances for cleaning and other routine housekeeRmg-activities.,
Retroleum products used in the operation of motor vehicle and marine engines, an such
contaminants that are functional components of buildings. and emergency generator fuel if
stored and used in camnHance with a plan approved in writing in advance b
9. Nothing may be constructed below grade on the Brownfields Prose
NCBP.
includin
without lirfflkation basements and rl n without C 's ri r written royal and
ventiniz in conformance. as determined bv NCBP, with a
licable building codes.
10. Unless this land use restriction is waived is writing by NCBP, the owner ,ofa�
portion of the, Brownfields Property where any exist n� or subseauently installed
monitoring well approved by DENR is damaged shall be responsible for repair of such well
to the written satisfaction of the DENR agency that a
Deriod acceDtable to that DENR aaencv.
roved the well and within a time
11. Given the possibility that contaminated soil could be encountered durin
redevelopment activities at the Brownfields PrODertv including but not li Red to grading,
uWin
11
_ and excavations for.elevator shafts, foundations and footings, field screenin
techniques descri"bedin a plan apiproved in wridne by NCBP in advance shall be em to ed
during any soil, cutting, penetrating. excavating, and grading activities conducted at the
Brownfields Property. Soil that field screenine and/or fleldindicates may be
0
coataminated with regulated substances shall be stockpiled veadinQ sampling
analysis. All stockmiles shall be covered by a material impervious to water in a
laborato
manner that vrevents water infiltration or run-off. Stockviled soils shall be sampled and
analyzed in accordance with a plan aparoved, in writing in _advance, b
that NCBP deter '*nes exceeds a
Inactive Hazardou
NCBP. All soil
cable soil remediatioa goals (IISRGs") of DENRIs
Sites Branch ("IHSB99) shall, to NCBP's written satisfaction, be
disvosed of. Ii contamination is
0
resent in concentrations lower than the SRGs, and NCBP
determines that the analytical results are such that spreadin
+I%A% i ii 10^11 ^W1 #1ka
Brownfields Proper
will leave the,
Brownfields Proverty
5uiteble for
the
uses„specified in
Land Use Restriction
1 above while
fully protectin public
health and
the
environment� the
stork filed
soil may
be spread
on the Brownfields
Projje
if an
areas on which soil is
spread are
yapped
to NCBP's
written satisfaction
bir
a m�,nimum
of two (2) feet of glean fill
dirt. If any_ soil or other material confirmed to be contaminated with regulated substances
is discovered at the Brownfields Property during, edevelovment Prospective Develo-per
shall summarize AH activities related to such soil or other material in the next
Redevelonment Report submitted uursuant to oaraQrauh 16 of Exhibit A hereto.
12. No fill
material may
be placed
on the Brownfields Property
unless ,NCBP has
been informed in
writing of the
source of
said material and, ii NCBP
so reauires: NCBP
0
li

I.
4
. been provided documentation satisfactory to NCBP that the flil,material does not
conta� hazardoussubstances t, concentrations above residential SRGs,, yr such
analvflcal,tes_ been performed as, NCBP requires to demonstrate to NCBP"s
satisfaction that the fill material does not contain hazardous substances at concentrations
above the IHSB's residential SRGs.
13s Withl*n 34 dads after an
written NCBP request to do so, the then owner of each
aortion othe rvwnfietds Propertv conta'innm�,an��„undwater m�itorina, wells,
ectioa weUs,recove� wets, piezometers„and other , man„made, points, of groundwater
access at the Brownfields ProvLrshalt effect the abandonment of same in accordance
with SubchaRter 2C of Title 15A of the North Carolina Administrative Code, and shall
within thirtv (30)
, days after concludiabandonment.,
ng such abandn, .,provide NCBP.IHSB and the
Division of Water Oual tv a report setting forth the abandonment procedures and results
that includes well abandonment records.
14. Neither DENS nor any Harty conducting env* ronmentat assessment or
- --- --- — -0 ............. qM_
remediation at the Brownflelds Property at the direction of, or pursuant to a
rmit r
order issued by DENR. rriav be denied access to the Brownflelds Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable
qb
efforts to minimize interference with authorized uses of the Brownflelds Prove
9
15. During Januam
of each year after the :gear
in
which this Notice is
recorded the
owner as of December lgr
of the prior year of any
part of
the Brownfields Proiwrty
shall
submit a not
Land Use Restrictions Update !"LUAU") to NCBP certifvin;
F -7 T. A iI
Notice rem corded at the New Hanover CounWReeister of Deeds office and that the
Land Use Restrictions are being cam lied with. Alternativelx, the obl��atioas of this
sins re
sub ara ra h m� be dischar ed on behalf of some ar all owners by �n owners'
association that satisfies DENR in writingthat t i„� ali�,act,�, a� agent for a�d,�n` s
and that accepts res onsibillfor corn Hance with this sub ara rahipursuant to a
natari�ed instrument aparaved in wri#in� by DENR. A statement in a not$rized copy of
-W
the master development. associatio
docu
master development association Wo annual
shall state:
gents for the Brownflelds Pr2jRertvre uIrin the
1-y submit the LUAU shall suffice. The LUAU
a. the full name, m�,address, telexbone and facsimile nu
malt address of the owner submitting the LURU if said owner acquired a
Brownfields Proutrt�r_ duriag the vrevious calendar Ygar•
numbers
Prone
b. the transferee's full n
Viers,, and e.-
art of the
address, telephone and facsindle
and e-mail address if said owner transferred an
during —previousthe calendar year;
e. whether any landsca,
art of the Brownfields
areas of the aortion of the Brownflelds Pro-
subiect to the L�TRU remain �e�t�t�d and exhibit salt erasion;
Z

Ih
14
10
` d,, whether any caps inst
the portion of the Brownflelds ProR�rfi
and intact*
lied
pursuant
to, Land
Use Restrictions 6 or
subject
��...rir.rrirri
to the
LURU,.remain
�3n Eood condo
e. whether buildings and i
avement in the
Property subiect to the GURU are �ein� MAMInedi ta
portion of the Brownfields
oft -am
-ood repair;, and the dates and
nature of any bufldinLy- and/or pavement -rebated constructioat m�xatenance or repair work
performed since the last LURU regardinthe subject portion of the Brownflelds PropeVyv
f, whether any vai)or
barrier aadlor
mitigaflonys
Land Use Restriction 2 above is
the nortioa of the
Brownfields
Pro
nstailed pursuant to
ty subject to the
LURU, are Perfornning as desipnedz anv maintenance and repair of any such system[s] that
has been performed since the fast LURU r
ProR.er
Brown
ardin
the subiect portion of the Brownfields
• and whether the uses of thearound floors_ of an
fields Property sublect to
itilzati
stems have chanee(
g. whether an
Use Restriction 3 above are i
any such systems) has- been
of the Brownfields ProiDertv
For-R.ur
buildin
in the
ortioa of the
the LURU that contain such va or barri'er and/or
., and. if so, bow; and
;mMEM"echanical ventilation �stem� in �Qd,_p�rsuant,to, Land
0
erforaun,� as deslened&and �av msiatenance and air of
MWW-V�
serformed since the fast LURU regarding the subiect DO on
ses of the land use restrictions set forth above the DENR
oiat of contact shall be
the DENR official referenced in paragraph 37.a. of Exhibit A hereto
- - ��r ■`r .mow r`w�����i�
therein.
ENFORCEMENT
t the address stated
The above land use restrictions shall be enforceable without regard to lack of privity of estate
or contract, lack of benefit to particular land, or lack of any property interest in particular land. The
land use restrictions shall be enforced by any owner of the Brownfields Property. The hand use
restrictions may also be enforced by DENR through the remedies provided in NCGS 13QA, Article I,
Part 2 or by means of a civil action; by any unit of local government havingjurisdiction over any part
of the Brownfields Property; and by any person eligible for liability protection under the Brownfields
Property Reuse Act who will lose liability protectionif the restrictions are violated. Any attempt to
cancel any or all of this Notice without the approval of the Secretary of DENR (or its successor in
function), or his/her delegate, shall be subject to enforcement by DENR to the full extent of the law.
Failure by any party required or authorized to enforce any of the above restrictions shall in no event
be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring
prior or subsequent thereto..
FUTURE SALES. LEASESit--CONVEYANCES AND TRANSFERS
When any
portion of the Brownfields
Property is sold, leased., conveyed
or transfer -red.,
pursuant to NCGS
§ 130A-310,35(d) the deed
or other instrument of transfer
shall
contain in the
10

t
i
i
i
' description section, in no smaller type than
that used in the body
of the deed
or instrument, a
statement that the Brownfields Property has
been classified and, if
apprvpnate,
cleaned up as a
brownfields property under the Brownfields Property Reuse act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this
zSt�
day of SO KJL, , 200(1'J' .
NORTH CAROLINA
COUNTY
By:
Riverfron loldings
.aft F:
Chaves J. Sch
Manager
P�'
5
ti
I, C , Lr\(-N _ _ � - C09. , a Notary Public of the county and state aforesaid, certify
that Charles J. Schoning'er personally came before me this day and acknowledged that he/she is a
Member of Riverfront Holdings It, LLC, a North Carolina limited liability corporation, and its
Manager* and that by authority duty given and as the act of the corporation, the foregoing Notice of
Brownfields Property was signed in its name by him/her.
WITNESS my hand and official stamp or seal, this 25 day of S✓�"��
2008
MI Commission expires
Z 13F
It
Name typed or printed: C-,e6r� s4cfl.ar E • i m
Notary Public
F
11
15''.0 qa�F�A.;a
•,� .�
[Stamp/Seal]

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a
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL -RESOURCES
The foregoing Notice ofBrownfelds Property is hereby approved and certified.
North Carolina Department of Environment and natural Resources
By: I 4�kk " (I . e %_ _.. .230 d�wr
Linda M. Culpepprer Date
Deputy Director, Division of Waste Management
CERTIFICATION OF REGISTER OF DEEDS
The foregoing documentary component of the Notice of Brownfields Property, and the
associated plat, are certified to be duly recorded at the date and time, and in the booksand Fages,
shown on the first page hereof.
By:
Register of Deeds for New Hanover County
Name typed or printed:
Deputy/Assistant Register of Deeds
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
IN THE MATTER OF: Riverfront Holdings II, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Almont Shipping Terminal Site
OF 1997, N.C,,G.S. § 130A-310.30, et seg. ) Hanover Street and Cowan Street
Brownfields Project No. 10040-06-65 ) Wilmington, New Hanover County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the Brownfields Program
("NCBP") of the North Carolina Department of Environment and Natural Resources ("DENR"')
and Riverfront Holdings II, LLC (collectively the "Parties") pursuant to the Brownfields
Property Reuse Act of 1997, N.C.G.S. § 130A-310.30, et sue. (the "Act"). All references in this
Agreement to NCBP, DENR and Riverfront Holdings II, LLC shall be understood to include any
successor entities.
Riverfront Holdings II, LLC is a North Carolina -chartered, manager -managed limited
liability company that was created in April 2006 for the purpose of acquiring and redeveloping
the portion of the former Almont Shipping Company ("Almont Shipping") terminal property that
is the subject of this Agreement and that is located in Wilmington, New Hanover County, North
Carolina. The subject property is comp.9
rised of approximately 23.37 acres on the east bank of the
Northeast Cape Fear River, generally between Hanover Street and Cowan Street. The former
Almont Shipping telonlinal property was used from approximately 1870 to 2005 primarily as a
shipping terminal. Numerous commodities were stored on the site during that period. A portion
of the southern part of the property was also used as a bulk petroleum storage facility from
approximately 1893 until approximately 1898. Part of the property was used as a dry -blend
Almont 13F

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' fertilizer manufacturing and storage facility from approximately the 1930s until 1982. A variety
of other commercial uses occurred on and near the property during its period of productive use.
Most recently, the Property has been used to store commodities including pelletized urea,
chromium ore, road salt and salt cake. The intended mixed -use redevelopment may include the
uses listed in subparagraph 17.a. below,, A map showing the location of the property which is the
subject of this Agreement is attached hereto as 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 (NCBP's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Riverfront Holdings II, LLC for contaminants at the property which is the
subject of this Agreement.
The Parties agree that Riverfront Holdings II, LLC's entry into this Agreement, and the
actions undertaken by Riverfront Holdings II, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Riverfront Holdings II, LLC.
The resolution of this potential liability, in exchange for the benefit that Riverfront
Holdings II, LLC shall provide to NCBP, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in N. C. G. S . 13 OA, Article 9 shal I have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
lmont BF
1. "Property" shall mean the Brownfields Property which is the subject of this
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Agreement, and which is depicted in Exhibit I to the Agreement.
2. "Prospective Developer" shall mean Riverfront Moldings II, LLC.
III. STATEMENT OF FACTS
3. The Property includes five (5) tracts, and approximately 23.37 of the 43 acres that
comprised the Almont Shipping terminal facility. Much of the remaining acreage has been the
subject of two other Brownfields Agreements with NCBP: the PPD Headquarters project east of
the Property (Project Number 08027-04-65) and the Wilmington Convention Center project
south of the Property (Project Number 07002-03-65). Groundwater at the Property flows
generally towards the Northeast Cape Fear River,, although heavy rainfall and tides likely cause
that to fluctuate.
4. The Property is bordered on the west by the Northeast Cape Fear River. Immediately
east of part of the Property lies the PPD Headquarters brownfields property. Roadways, and
properties currently or formerly used for industrial and/or commercial purposes bound the
Property in all other directions.
5, Prospective Developer has committed itself to redevelopment of the Property for no
use other than the uses listed in subparagraph 17.a. below.
5. Prospective Developer has obtained, or otherwise made available, the following
reports, referred to hereinafter as the "Environmental Reports," regarding the Property:
Title
Prepared by
Date of Report
Phase I and Phase II ESA Report,
Clayton Environmental
February I990
Almont Shipping Company and Bast
Consultants, Inc.
Coast Terminals
Phase I ESA, Almont Shipping
Babb & Associates, P.A.
March 2002
Company, Inc., Front and Brunswick
Streets
Phase II ESA of Almont Shipping+/-
Land Management Groilp,October
2004
Almon t EIF
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R.
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f
10
6.8 acres
Inc.
Phase II SSA of Atmont Shipping
Land Management Group,
January 2005
office, +1- 1.25 acres
Inc.
Comprehensive Site Assessment,
--
Babb &. Associates, P.A.
June 2005
46
Almont Shipping Terminals
Corrective Action Plan, Almont
Babb & Associates, P.A. and
September 2005
Shipping Terminals
Redox Tech, LLC
Phase I ESA, Almont Shipping
Spangler Environmental, Inc.
February 2006
Company office & Shipping
Terminals Facility
Supplemental Phase II ESA Report,
Environ International
January 2006
Atmont Shipping Terminal
Corporation
Groundwater Monitoring Report,
Babb & Associates, P.A.
November 2007
September 2007 Sampling Event,
Almont Shipping Terminals
7. For purposes of this Agreement, NCBP relies on information contained in reports
provided by Prospective Developer, which Prospective Developer believes to be accurate,
indicating the following regarding use and ownership of the property comprising the former
Almont shipping terminal facility, which, as noted, includes the Property*
Company.
a. In 1925, Beane, Finberg and Cantwell purchased the property from Heide &
b. Luckenback Steamship Company, which changed its name in 1984 to Almont
Shipping Company, purchased the property in 1965 from W.S.R. Bean, L.B. F1'nberg and R.W.
Cantwell. Almont Shipping has owned and occupied portions of the shipping terminal property
since then.
c. Prospective Developer acquired the Property on November 13, 2006, with the
exception of a 6.37-acre tract, which it acquired from City Marina Wilmington, LLC on March
31, 2008.
Almont B F
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d. Sanborn Fire Insurance maps from 1889 to1973 reflect the following about the
uses of the property,, the eastern portion of which is the Property:
i. 1889: Standard ail Company maintained an oil warehouse and stored
gasoline in drums and in three iron tanks, and Central Carolina Railroad tracks and a passenger
terminal appear.
ii. 1898: Carolina Cooperage Company and several residential buildings
appear; the Standard Oil Company facility does not.
1910: The Corbett Company (wholesale grocers whose building,
now known as Warehouse A I is present today) and the Hydraulic White Brick Works appear. Na
Central Carolina Railroad buildings are shown, although the tracks remain.
iv. 1915: The Hydraulic White Brick Works appears as "Concrete Tile
Manufacturing" (noted by the map as inoperative and dilapidated), and a large "Freight House"
building and shed are present on the western side of the property,.
v. 195 1: The Corbett Company's building is now shown as Wholesale
Electrical Supplies, and a hay storage building had been built.
vi. 1953: Warehouse Ais occupied by "Wholesale Produce and Beer,"
the Concrete Tile Manufacturing building and the hay storage building are gone, and what today
is known as Warehouse B appears as a grocery warehouse.
vii. 1955: The site of the hay storage building (used today for fertilizer
storage) appears as a Seaboard Air Lines Railway warehouse.
viii. 1967- The railroad facilities are shown as being owned by Atlantic
Coast Line Railroad.
5
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ix. 1973: The residences are gone, and a bus station and three (3)
buildings appear on the sauthem portion of the property.
e. ether uses of the property comprising the farmer Almont shipping terminal
facility included storage of bulk commodities, including urea, potash, ammonium nitrate,
fertilizer and phosphates, in warehouses. Former Warehouse E, in an area directly east of the
Property on the site of the PPD Headquarters brownfields project, was used for salt sake storage
between 1994 and 2001. A pad in the parking area between former Warehouse F and North
Front Street, also on the site of the PPD Headquarters brownfields project, was used between
1984 and 1998 foTroad salt storage.
8. Environmental events of note regarding the Property:
a. In 1982, approximately 2.5 million gallons of diesel fuel were released due to
structural failure from an AST on the CSC property to the north. A large percentage of the
spilled fuel was reportedly recovered, though a plume of diesel fuel was noted beneath the
Property later in the 1980s. The most recent sampling detected only a few low concentrations of
volatile and semi -volatile constituents in ten monitoring wells on the Property.
b. Results from various environmental site assessments ("ESAs") of the Property,
including a 2005 comprehensive site assessment approved by DENR's Division of Water duality
("I)WQ"), indicate that the main contaminants of concern in soil and/or groundwater at the
Property are nutrients from the manufacturing and storage of fertilizer, metals (particularly
arsenic, chromium, copper, selenium and lead), chlorinated solvents and semi -volatile petroleum
hydrocarbons. Environmental testing has also indicated the presence of a dissolved plume of
chloride from stored road salt, and that gasoline -contaminated groundwater may have migrated
lmont B F A

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onto the Property from an underground storage tank approximately 450 feet to the east.
c. A corrective action plan ("CAP") approved by DWG in October 2005
proposed the use of four (4) lines of air-sparging wells and aflow-through, permeable reactive
trench to treat nutrient -contaminated groundwater at the Almont Shipping site. The air-sparging
system was also expected to oxidize and precipitate from solution dissolved arsenic in the
treatment area. The CAP also proposed two lines of wells for injection of material to enhance
biooTemediatioii of the chlorinated solvents present near the former Almont Shipping office. In
addition, it proposed the excavation of petroleum -contaminated soil near the southern border of
the Property.
d. The air-sparging system has been operational since March 2006, with some
modifications and periods of "down -time." The first inj ection of material to enhance
bioremediation of the chlorinated salient plume occurred in June 2006. The permeable reactive
trench was installed in September 2006,
e. Demolition and construction activities on the Property and on the PPD
Headquarters brownfields property resulted in damage to several monitoring wills. In
November 2006, several replacement monitoring wells were installed, and the wells
denominatedBMW- , 7 1g-cMW­ ," -&`MW- ,�9 `'MW- 11 and "MW- " on the plot component of the
Notice referenced below in paragraph 22 were, with DWQ approval, moved to accommodate
redevelopment,,
f. In April 2007, 40 tons of petroleum -contaminated soil were excavated and
removed from the Almont Shipping site. The well denominated "MW-16" on the plat
component of the Notice referenced below in paragraph 22 was installed adjacent to the
7
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excavation. Sampling of that well indicates the excavation was successful in remediating nearby
petroleum -contaminated groundwater.
g. A second injection of material to enhance bioremediation of the chlorinated
solvent plume occurred in May 2007.
h. Groundwater monitoring results indicate that remediation of the nutrient plume
and the chlorinated solvent plume is generally proceeding as planned and that the groundwater
concentrations of contaminants of concern are decreasing and/or that in situ bioremediation is
occurring as on in the CAP.
9. The most recent environmental sampling at the Property reported in the
Environmental Reports occurred in September 2007. The following tables set forth, for
contaminants present at the Property above current unrestricted use standards, the maximum
concentration found at each sample location and the applicable standard:
a. Groundwater contaminants (in micrograms per liter, the equivalent of parts per
billion), the standards for which are in Title 15A of the North Carolina Administrative Code,
Subchapter 2L, Rule .0202:
MW-3(new) 9-27-2007
MW-4(new) 9-27-2007
MW-5(new) 9-27-2007
MW-Onew) 9-27-2007
�66
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830
1330

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KI
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mw-8 9--27-2007
MW-9 9-27-2007
mw-lo 9-27-2007
DW-2 9-27-2007
2610
659
738
mompommommompft�
847
MW-7 9-27-2007 24.8
MW-8 9-27-2007 58.51
DW-2 9-27-2007 24.8
MW-15 I 5-25-2005 I 1.65
DW-21 9-27-2007 I 87
N
MW-4(new) 9-27-2007 5828
MW-5(new) 9-27-2007 830
MW-6(new) 9-27-2007 1330
mw_io 9-27-2007 941
DW-2 9.27-2007 877
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�Y¢� } V }I NOR
¢j} � o Y � d � h � e ry +( �.}
�M W. �K ry�y $j� }¢' � � �4G}kx O NCO 6 '� ¢2M,
L% { % %tr ¢ x k {
MW-12* 12-29-2004 3 3.5
MW-- 1 12-29-2004
MW-13. 1 12-29-2004
lmont BF
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7
MW-12*
12-29-2004 1 1.38
MW-13*
�
12-29-2004
�
3.8
�
MW—
14*
12-29-2004
1.82
t
MW-13*
I 12-29 -2004
I 4.98
I '
r
MW-14*
12-29 —2004
2.13
*Refers to samples collected at Atmont Shipping office from Phase II ESA of Almost Shipping Office, +1- 1.25
acres, January 2445.
Note: Monitoring wells designated "old" in this table were installed in 2005 during CSAA, wells designated "new"
are replacements of welds moved in November 2006.
b, Soil contaminants {in milligrams per kilogram, the equivalent of parts per
million, the standards for which are den*ved using the Guidelines of the Inactive Hazardous
Sites Branch of DENR's Superfund Section:
Soil Sample Depth Date Maximum
Contaminant Location (feet) Concentration
above Std.
(me/kLx)
Standard
(mg/kg)
I
I
MW-4 I
1-2 I
5-10-2005 '
30.2
W.
�
MW-5 1
1-2
5-1 0-2005 J
7.17
MW 1 0 I
1-2
5-11-2005 i
25.8
NEENEEPEWEEPEEMEN No OEM MEMO
SS-1
0-0.5
10-13-2005
6.19
SS-2
0-0.5
10-13-2005
7.53
SS-3
0-0.5
10-13-2005
9.23
SS-4
0-0.5
10- 13 -2005
9.36
SS-5
0-0.5
10-13-2005
9.96
SS-12
0-0.5
10-13-2005
160
GP-2
1 - 3
10-13-2005
8,66
0 — 0,5 I 10-13-2005
SS-6 0-0.5 10-13-2005 129
GP-2 1— 3 10-13-2005 56.7
10-13-2005
10-13-2005
MW— 4-6 12-28-2004 58.7
10
Almost BFA

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**Duplicate samples
***This soil sample was collected during installation of MW-1 I in course of Phase II ESA of AlmontShipping
office, +f- 1.25 acres, not during installation of MW- I I elsewhere on Property during CSA.
10. For purposes of this Agreement NCBP relies on Prospective Developer's
1h
representations that Prospective Developer's involvement with the Property has been limited to
making available the Environmental Reports, preparing and submitting to NCBP a Brownfields
Letter of Intent dated July 10, 2006, amending same by letter dated September 17, 2007, and:
a. purchasing the Property on November 13, 2006, except for 6.37 acres, which
Prospective Developer acquired from City Marina Wilmington, LLB on March 31, 2008.
b. demolishing most fanner structures on the Property in preparation for
redevelopment,
lmont BF
c. obtaining certain permits and submitting certain plans requiring approval that
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together will allow the construction of a marina adjacent to the Property to the west.
11. Prospective Developer has provided NCBP with information, or sworn certifications
regarding that information on which NCBP 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 cued at N.C.G.S. § 130A.M.
310.32(a)(1);
b. as a result of the implementation of this Agreement, the 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 Property will produce a public benefit
commensurate with the liability protection provided to 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 Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
12. Prospective Developer has paid the $2,000 fee to seek a brownfields agreement
required by N.C.G.S. § 130A-310.39(a)(1), and shall make a payment to NCBP of $3,500 at the
time Prospective Developer and NCBP enter into this Agreement, defined for this purpose as
occurring no later than the last day of the public comment period related to this Agreement. The
parties agree that the second payment shall constitute, within the meaning of N.C.G.S. § 130A-
12
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310.39(a)(2), the full cost to NCBP and the North Carolina Department of Justice of all activities
related to this Agreement.
N. BENEFIT TO COMMUNITY
13. The redevelopment of the Property proposed herein would provide the following
public benefits:
a. a return to productive use of the Property;
b. a spur to additional community redevelopment, through improved
neighborhood appearance and otherwise;
thereafter;
c, approximately 100 jobs during redevelopment and approximately 350
d. tax revenue for affected j urisdictions;
e. the extension of Wilmington's downtown riverwalk;
f. additional residential, marina, hotel and retail space for the area; and
go "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("gree'nflelds").
V. WORK. TO BEPERFORMED
14. Subject to Section IX of this Agreement (DENR"s Covenant Not to Sue and
Reservation of Rights) and except to the extent any work Prospective Developer performs
pursuant to this Agreement constitutes active remediation, DENR is not requiring Prospective
Developer to perform such remediation at the Property. Nevertheless, no construction maybe
initiated in connection with any phase of development at the Property unless and until NCBP has
approved a plan with a deadline for placing a minimum of two (2) vertical feet of clean fill
13
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material on the ground surface in all areas of the Property to he affected by the subject phase that
will not be covered by buildings or capped by structures impervious to water infiltration, such as
asphalt or concrete paving, including all landscaped areas and vegetated curb cutouts in parking
areas. NCBP shall be the arbiter of what constitutes a phase of development for purposes of this
paragraph. Where the desired grade would not accommodate the placement of two (2) feet of
clean fill, Prospective Developer shall remove as much contaminated sail as NCBP determines is
necessary to allow for the requisite fill. If Prospective Developer demonstrates to NCBP-s
satisfaction that placement of two(2) vertical feet of clean fill material would be technically
infeasible in a particular location', with or without excavation, Prospective Developer shall
implement all measures that NCBP reasonably determines are necessary to ensure the protection
of public health and the environment in that location.
15. Notwithstanding subparagraph 17.f below, during redevelopment, defined as ending
ten (10) years after the effective date of this Agreement (unless DENR subsequently agrees in
writing to a different period), soil at the Property maybe disturbed for the exclusive purposes of
installing utilities, pouhng footers or adding other permanent structures, provided that and soil
excavated must remain on the Property, in, as determined by DENR, the area from which it was
removed, and upon condition of strict compliance with all applicable law.
16. Within 90 days after each three-year anniversary of the effective date of this
Agreement for as long as redevelopment of the Property continues as defined in paragraph 15
above (except that the final deadline shall fall 90 days after the conclusion of said redevlopment),
Prospective Developer shall provide NCBP a Redevelopment Sununary Report that includes a
written summary and drawings that NCBP considers sufficient to describe the redevelopment
14
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activities, including:
a. soil grading and cut and fill actions;
b. methodology(ies) employed for field screening of environmental media;
c. stockpiling, handling, laboratory analysis and ultimate disposition of any soil
or other materials suspected or confirmed to be contaminated with hazardous substances; and
d. removal of any soil from the Property, including all manifests required by the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et sec . and/or its North Carolina
counterpart.
The report shall also include a surrey plat showing all structures, payed areas and landscaped
areas an the Property, figures) (i.e., isopach maps) showing the thickness (in vertical feet) of fill
material placed throughout the Property during redevelopment, and all environmental data and
analytical reports generated during redevelopment activities.
17. By way of the Notice of Brownfields Property referenced below in paragraph 22,
Prospective Developer shall impose the following Land Use Restrictions under the Act, running
with the land, to make the Property suitable for the uses specified in this Agreement while fully
protecting public health and the environment.
a. No use may be made of the Property other than for high -density residential,
marina, hotel, office, retail, perfo ance/concert hall, meeting/convention facility,, open
space/outdoor recreation and related automobile parking purposes. Within the meaning of this
restriction, the following definitions apply:
i. "High -density residential" refers to structures used as multi -unit human
dwellings, such as duplexes, triplexes, quadriplexes, condaminia, town Karnes and apartments, in
lmont BF
15

i
which units are attached to each other with common walls and any associated property outside
the structure(s) maybe used, but is not owned, by particular inhabitants.
ii. "Marina" refers to a port within a sheltered harbor where boats and
yachts are kept in the water or stored out of the water in dry dock. A marina may have refueling,
washing and repair facilities for vessels and rooms, bathing, stores, restaurants, meeting
facilities, and vehicle and trailer parking for use by customers or members.
iii. "Hotel" refers to a building containing more than four individual
rooms that provides overnight lodging facilities and reservation, clewing, utilities and an -site
management and reception services for paying customers.
provided.
iv. "Office" refers to a place where business or professional services are
v, "Retail" refers to the sale of goods, products or merchandise directly to
the consumer, including restaurants.
vi. "Performance/concert hall" refers to indoor or outdoor facilities
suitable for the presentation of artistic and or musical productions, including but not limited to
amphitheaters and auditoriums.
vii. "Meeting/convention facility" refers to one or more buildings
providing space for gatherings of persons and related support services for paying customers.
viii. "open space/outdoor recreation" refers to landscaped or natural areas
ire

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set aside for the passive recreational use of residents/users of a development or of the general
0
public, and to public or private golf courses, tennis courts, ball fields, ball courts, and similar
0
active uses not enclosed in buildings that are approved in writing in advance by NCBP, but the
teens do not include any activities involving structures below ground surface, such as swimming
pools.
ix. "Parking" refers to an area designed and designated for temporary
accommodation of motor vehicles for a fee or as a service.
b. In the area denominated "Area of Potential Vapor concern" on the plat
component of the Notice referenced in paragraph 22 below, no bw*lding may be constructed until
NCBP has been consulted regarding the proximity of the planned building to the Property's
volatile contaminant plume. If NC13P determines that the footprint of a building proposed to be
constructed on the Property would fall within 100 feet of said plume, it may not be constructed
without a vapor barrier system and/or mechanical or passive vapor mitigation system approved
in writing in advance by NCBP. Within 30 days following installation of the vapor barrier
system and/or mechanical or passive vapor mitigation system, NCBP shall be provided with
certification of proper installation under seal of a professional engineer licensed in North
Carolina, as well as photographs illustrating the installation and a brief narrative describing it.
With NCBP's prior written approval, additional investigation activities including, without
limitation, soil gas samples, performed to NCBP"s w0
ritten satisfaction, may be conducted, and
installation of a barrier and/or mitigation system possibly excused, so long as the proponent
makes an advance written commitment to install a barrier and/or mitigation system if NCBP so
requires based on review of a report of the investigation activities that NCBP deems adequate.
17
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0
c. No building on the property maybe used until mechanical ventilation with
outdoor air is provided in compliance with the most current version of the Mechanical
ventilation section of the Ventilation chapter of the North Carolina State Building Code
(-"Code"') or another standard approved in writing in advance by NCBP, notwithstanding any
m'
exceptions the Code or alternative standard may contain, unless compliance with this land use
restriction is waived in writing by NCBP in advance in regard to particular enlargements or
buildings. Within 30 days following installation of the subject mechanical ventilation in a new
building, or modification of a mechanical ventilation system in connection with enlargement of
an existing building, a professional engineer licensed in North Carolina shall provide NCBP
certification under seal that the ventilation system was installed in accordance with its design
specifications and complies with the Code.
d. Surface water and underground water at the Property may not be used for any
purpose without the prior written approval of NCBP.
41
e. Except for environmental testing, remediation and monitoring required by
DENR:, no activities that remove or use groundwater (for example, installation of water supply
wells, fountains, ponds, lakes or swimming pools supplied by groundwater, or construction or
excavation activities) may occur on the Property without prior sampling and analysis of
groundwater to the satisfaction of NCBP, and submittal of the analytical results to NCBP. Any
groundwater pumped from the ground shall be containerized, sampled and disposed of to
NCBP's written satisfaction, unless this requirement is waived in writing in advance by NCBP
regarding a particular instance of pumping. If the analytical results disclose to NCBP
contamination in excess of North Carolina's groundwater quality standards, the proposed
V
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activities may not occur without the written approval of NCBP on such conditions as NCBP
imposes, including at a minimum the requisite legal approval, if any, of plans and procedures to
protect public health and the environment during the proposed activities.
f. Soil on the Property may not be disturbed without a minimum of seven (7)
business days advance written notice to NCBP, unless the NCBP states otherwise in writing in
advance. At the time the soil in question is exposed, NCBP may inspect and sample, or require
sampling of, the exposed soil for contaminants. lf soil contamination is discovered that NCBP
determines would likely contaminate groundwater even if capped, or that may pose an imminent
threat to public health or the environment if disturbed, as much soil as NCBP reasonably requires
shall be removed and disposed of in accordance with applicable law, or treated in situ in
accordance with a plan approved in writing in advance by NCBP, and any other actions that
NCBP reasonably requires to make the Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment shall be taken. If soil contamination is
discovered that NCBP determines would neither contaminate groundwater nor pose an imminent
threat to public health or the environment if capped, as much soil as NCBP reasonably requires
shall be removed and disposed of in accordance with applicable law, treated in situ in accordance
with a plan approved in writing in advance by NCBP, or capped to the written satisfaction of
NCBP.
g. No mining maybe conducted on or under the Property, including, without
limitation, extraction of coat, oil, gas or any other mineral or non -mineral substances.
h. None of the contaminants known to be present in the environmental media at
the Property, including those listed in paragraph 9 of this Agreement, may be used or stored at
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the Property without the prior approval of NCBP, except for de minimis amounts of such
substances for cleaning and other routine housekeeping activities, petroleum products used in the
operation of motor vehicle and marine engines, any such contaminants that are functional
components of buildings, and emergency generator fuel if stored and used in compliance with a
plan approved in writing in advance by NCBP.
i. Nothing maybe constructed below grade on the Property, including without
limitation basements and parking, without NCBP's prior written approval and venting in
conformance, as determined by NCBP, with applicable building codes.
j. Unless this land use restriction is waived in writing by NCBP, the owner of any
portion of the Property where any existing or subsequently installed monitoring well approved
by DENR is damaged shall be responsible for repair of such well to the written satisfaction of the
DENR agency that approved the well and within a time period acceptable to that DENR agency.
k. Given the possibility that contaminated soil could be encountered during
redevelopment activities at the Property, including but not limited to grading, cutting, and
excavations for elevator shafts, foundations and footings, field screening techniques described in
a plan approved in writing by NCBP in advance shall be employed during any soil cutting,
penetrating, excavating and grading activities conducted at the Property. Soil that field screening
and/or field observation indicates maybe contaminated with regulated substances shall be
stockpiled pending sampling and laboratory analysis. All stockpiles shall be covered by a
material impervious to water in a manner that prevents water infiltration or run-off. Stockpiled
soils shall be sampled and analyzed in accordance with a plan approved, in writing in advance,
by NCBP. All soil that NCBP determines exceeds applicable soil remediation goals C'SRGs") of
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DENR's Inactive Hazardous Sites Branch ("IHSB"') shall, to NCBP's written satisfaction, be
disposed of. If contamination is present in concentrations lower than the SRGs, and NCBP
determines that the analytical results are such that spreading the stockpiled soil on the Property
will lease the Property suitable for the uses specified in subparagraph 17.a. abase while fully
protecting public health and the environment, the stockpiled soil may be spread on the Property
if any areas on which soil is spread are capped to NCBP 0) s written satisfaction by a minimum of
two (2) feet of clean fill dirt. If any soil or other material confirmed to be contaminated with
regulated substances is discovered at the Property during redevelopment, Prospective Developer
shall summarize all activities related to such soil or other material in the next Redevelopment
Report submitted pursuant to paragraph 16 above.
1. No fill material may be placed on the Property unless NCBP has been informed
in writing of the source of said material and, if NCBP so requires: NCBP has been provided
documentation satisfactory to NCBP that the fill material does not contain hazardous substances
at concentrations above IHSB's residential SRGs, or such analytical testing has been performed
as NCBP requires to demonstrate to NCBP ' s satisfaction that the fill material does not contain
hazardous substances at concentrations above the IHSB's residential SRGs.
m. Within 30 days after any written NCBP request to do so, the then owner of
0
each portion of the Property containing any groundwater monitoring wells, infection wells,
recovery wells, piezometers and other man-made paints of groundwater access at the Property
shall effect the abandonment of same in accordance with Subchapter 2C of Title 15A of the
North Carolina Administrative Code, and shall, within thirty (30) days after concluding such
abandonment, provide NCBP, IHSB and the Division of Water Quality a report setting forth the
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abandonment procedures and results that includes well abandonment records.
n. Neither DENR nor any party conducting environmental assessment or
remediation at the Property at the direction of, or pursuant to a permit or order issued by DENR
may be denied access to the 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 Property..
o. During January of each year after the year in which the Notice of Brownfields
Property referenced below in paragraph 22 is recorded, the owner as of December I" of the prior
year of any part of the Property shall submit a notarized Land Use Restrictions Update
("LUAU") to NCBP certifying that the Notice of Brownfields Property contaitung these Land
Use Restrictions remains recorded at the New Hanover County Register of Deeds office and that
the Land Use Restrictions are being complied with. Alternatively, the obligations of this
subparagraph may be discharged on behalf of some or all owners by an owners' association that
satisfies DENR in writing that it is validly acting as agent for said owners, and that accepts
responsibility for compliance with this subparagraph pursuant to a notarized instrument approved
in writing by DENR. A statement in a notarized copy of the master development association
documents for the Property requiring the master development association to annually submit the
LURU shall suffice. The LLJRU shall state:
i. the full name, mailing address, telephone and facsimile numbers, and e-
mail address of the owner submitting the LURU if said owner acquired any part of the Property
during the previous calendar year;
ii. the transferee's full name, mailing address, telephone and facsimile
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numbers, and e-mail address, if said owner transferred any part of the Property during the
previous calendar year;
iii. whether any landscaped areas of the portion of the Property subject to
the LURU remain vegetated and exhibit soil erosion;
iv. whether any caps installed pursuant to subparagraphs 17.f. and 17.k.
above, in the portion of the Property subject to the LURU, remain in good condition and intact;
v. whether buildings and pavement in the portion of the Property subject
to the LURU are being maintained in good repair; and the date(s) and nature of any buildlng.
and/or pavement -related construction, maintenance or repair work performed since the last
LURU regarding the subject portion of the Property;
vi. whether any vapor banier and/or mitigation systems installed pursuant
to subparagraph 17.b. above, in the portion of the Property subject to the LURU, are performing
as designed; any maintenance and repair of any such system(s) that has been performed since the
last LURU regarding the subject portion of the Property; and whether the uses of the ground
floors of any buildings in the portion of the Property subject to the LURU that contain such
vapor barrier and/or mitigation systems have changed, and, if so, how; and
vie. whether any mechanical ventilation systems installed pursuant to
subparagraph 17.c. above are performing as designed; and any maintenance and repair of any
such system(s) has been performed since the last LURU regarding the subject portion of the
Property.
18. The desired result of the above -referenced Land Use Restrictions and contingent
remediati*on is to make the Property suitable for the uses specified in the Agreement while fully
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protecting public health and the environment.
19. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are the Guidelines of the Inactive Hazardous Sites Branch
of DENR"s Superfund Section, as embodied in their most current emersion.
20. The consequences of achieving or not achieving the desired results will be that the
uses to which the Property is put are or are not suitable for the Property while fully protecting
public health and the environment.
VI. ACCESSlNOTICE TO SUCCESSORS IN INTEREST
21. In addition to providing access to the Property pursuant to subparagraph 17.n. above,
Prospective Developer shall provide DENR, its authorized officers, employees, representatives,
and all other persons perfo-iming response actions under DENR 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 Property under applicable law. While
Prospective Developer owns the Property, DENR shall provide reasonable notice to Prospective
Developer of the timing of any response actions to he undertaken by or under the oversight of
IP
DENR at the Property. Notwithstanding any provision of this Agreement, DENR retains all of
its authorities and rights, including enforcement authorities rebated thereto, under the Apt and and
other applicable statute or regulation, including any amendments thereto.
22. NCBP has approved, pursuant to N.C.G.S. § 130A-310.35, a Notice of Brownfields
Property for the Property containing, inter olio, the Land Use Restrictions set forth in Section V
(Work to Be Performed) of this Agreement and a survey plat of the Property. Pursuant to
N.C.G.S. § 130A-310.35(b), within 15 days of the effective date of this Agreement, Prospective

M
Developer shall file the Notice of Brownfields Property in the New Hanover County, North
Carolina Register of Deeds' office. Within three (3) days thereafter, Prospective Developer shall
furnish NCBP 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.
23. This Agreement shad 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 Property shall contain the following nonce: "The property which is the subject of
this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
Brownfields Property recorded in the New Hanover 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.
24. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Property as of the effective date of this Agreement and
shall ensure that any subsequent leases, subleases, assignments or transfers of the Property or an
interest in the Property are consistent with this Section (Access/Notice To Successors In
Interest), Section V (Work to be Performed) and Section XI (Parties Bound &
Transfer/Assignment Notice) of this Agreement.
VII. DUE CAREICOOPERATION
25. The Prospective Developer shall exercise due care at the Property with respect to
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regulated substances and shall comply with all applicable local, State, and federal laws and
regulations. The Prospective Developer agrees to cooperate fully with any remediation of the
Property by DENR and further agrees not to interfere with any such remediativn. 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 Property, the Prospective Developer shall immediately
take all appropriate action to prevent, abate, or minimize such release or threat of release, and
shall, in addition to complying with any applicable notification requirements under N.C. G. So
130A-3 10.1 and 143-215.84, and Section 103 of CERCLA, 42 U.S.C. § 9603 , or any other law,
immediately notify NCBP of such release or threatened release.
VIII. CERTIFICATION
26. By entering into this agreement, the Prospective Developer certifies that, without
NCBP approval, it will make no use of the Property other than that committed to in its
Brownfields Letter of Intent dated July 10, 2006, as amended via letter dated September 17,
2007, and as set forth in subparagraph 17.a. above. Those uses are high -density residential,
marina, office, hotel, open space/outdoor recreation and retail. Prospective Developer also
certif es that to the best of its knowledge and belief it has fully and accurately disclosed to NCBP
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
regulated substances at the Property and to its qualification for this Agreement, including the
requirement that it not have caused or contributed to the contamination at the Property.
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IX. NCBP'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
27. Unless any of the following apply, Prospective Developer shall not be liable to
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NCBP, and NCBP covenants not to sue Prospective Developer, for remediation of the Property
except as specified in this Agreement:
a. The Prospective Developer fails to campy with this Agreement.
b. The activities conducted on the 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 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 N.C.G.S. 130A-310.35 is violated while the Prospective Developer owns the Property, in
which case the Prospective Developer shall be responsible for remediation of the Property to
unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false informat01
ion
that formed a bass 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 Property.
e, New information indicates the existence of previously unt'eported
contaminants or an area of previously unreported contamination on or associated with the
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. Tf this Agreement sets maximum concentrations for contaminants, and new
infonnation indicates the existence of previously unreported areas of these contaminants, further
27

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 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 Property or (i)ithe failure of remediation to mitigate risks to the extent
required to make the Property fully protective of public health and the environment as planned in
this Agreement,,
g. The Department obtains new information about a contaminant associated with
the Property or exposures at or around the Property that raises the risk to public health or the
environment associated with the Property beyond an acceptable range and in a manner or to a
degree not anticipated in this Agreement.,
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under N.C.G.S. 130A-310.35.
28. Except as may be provided herein, DENR reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act, including those regarding petroleum
underground storage tanks pursuant to Part 2A, Article 21 A of Chapter 143 of the General
Statutes.
29. 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, N.C.G.S.. § IOA-1, et seq.
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I.
IF
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
30. Iri consideration of NCBP"s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity providedin N.C.G.S. § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any clams or causes of
action against the State of earth Carolina or its agencies, officers, employees or agents with
respect to any action implementing the Act, including negotiating, entering, monitoring or
enforcing this Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND & TRANSFER/ASSIGNMENT NOTICE
3 1. This Agreement shall apply to and be binding upon DENR, 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 Forty for whom she or he signs.
32, Within one (1) week of the first day of each February and August after the effective
date of this Agreement, Prospective Developer shall report in writing to DEAR the name,
mailing address, telephone and facsimile numbers, and e-mail address of any parties to whom
Prospective Developer has transferred or assigned any interest in the Property since the last
report. This duty maybe discharged by an entity approved by DEN_R to act under subparagraph
17.o. above. Failure to provide facsimile numbers and e-mail addresses for particular parties
shall be excused if the party submitting the information required by this paragraph has
unsuccessfully used its best reasonable efforts to obtain same.
int RF
XII. DISCLAIMER
33. This Agreement in no way constitutes a finding by DENR as to the risks to public

}
he, alth and the environment which maybe posed by regulated substances at the Property, a
representation by DENR that the Property is fit for any particular purpose, nor a waiver of
Prospective Developer's duty to seek applicable permits or of the provisions of N.C.G.S. §
130A-310.37.
34. Except for N.C.G.S. § 130A-310.33(a)(l)-(5)'s provision of the Act's liability
protection to certajn 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
35. Though financial data maybe redacted, Prospective Developer agrees to retain and
make mailable to DENR all records and documents related to Prospective Developer's
improvements to, maintenance of, and operations on the Property, including all records and
documents related to activities undertaken pursuant to Section V (Work to be Performed) and
other environmental matters, for ten years following the effective date of this Agreement, unless
otherwise agreed to in writing by the Parties. At the end of ten years, the Prospective Developer
shall notify NCBP of the location of such documents and shall provide NCBP with an
opportunity to copy any documents at the expense of NCBP. DENR shall maintain the
confidentiality of any records and documents for which Prospective Developer submits a
sufficient Maim of confidentiality.
XIV. PAYMENT OF ENFORCEMENT COSTS
36. 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
30
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liable for all reasonable litigation and other enforcement costs incurred by NCBP to enforce this
Agreement or otherwise obtain compliance.
XV, NOTICES AND SUBMISSIONS
37. Unless otherwise required by NCBP 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 NCBP:
Lisa Taber
N.C. Division of waste Management
Brownfields Program
401 Oberlin Road, Suite 150
Raleigh, NC 27605
b. for Prospective Developer:
Steve Shuttleworth
Riverfront Holdings II, LLC
720 North Third Street, Suite 200
Wilmington, NC 28403
Prospective Developer shall also send its LURUs (see subparagraph 17.o. above) to the Directors
of New Hanover County's Enviro=ental Management Department and Health Department,.
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
38. This Agreement shall became effective an the date the Prospective Developer signs
it, after receiving it, signed, from NCBP. Prospective Developer shall sign the Agreement within
seven (7) days following such receipt.
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XVII. TERMINATION OF CERTAIN PROVISIONS
39. 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),,
XVIIL CONTRIBUTION PROTECTION
40. 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 N.C.G.S. § 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 DENR, Prospective Developer or any other person in relation to the Property'.
41. 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 NCBP
in writing no later than 60 days Briar to the initiation of such suit or claim.
42. 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
NCBP in writing within 10 days of service of the complaint on it.
XIX. PUBLIC COMMENT
43. This Agreement shall be subject to a public comment period of at least 30 days
I
starting the day after publication of the approved summary of the Notice of Intent to Redevelop a
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Bro'wnfields Property required by N.C.G.S. § 130A-310.34 in the North Carolina Register, or the
day after publ ication of the same in a newspaper of general circulation serving the area in which
the Property is located, whichever occurs later. After expiration of that period, or following a
public meeting if NCBP holds one pursuant to N.C.G.S. § 130A-310.34(c), NCBP may modify
or withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate,.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
BY. r� ` � • � ,f�-. - - — Tarim � 3 ioo 3'
Linda M. Culvennee
J � f
Deputy Director, Division of Waste Management
Date
IT IS SO AGREED:
Riverfi-ont H ings Il,
BY:
8
Charles J. Schoninger Date
Manager
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THIS MAP IS NOT A CERTfRED
HAS NOT BEEN REIvE
GOVERNMENT AGENCY FOR COMPLL4NCE
WM ANY APPLICABLE
REGULATIONS ..VEWPMM
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HM NUT BEEN Ki V !G YY �+U u I r� ••`••.•_ --
GOVONMEI�1"[' AGENCY FOR CONfPLIANCE
WM ANY pppLICABLE LAND DEVELOPMENT
REGULATIONS

k a a & X = x a js(o) rewinn rccwdathm of c Notice a f t OWn Irpoods Prc oerty (Wo ti+c'c) that kkn f iC*cs any res(ricfk its an the cunWt and Wrim Lrae of o &rpla adds PrqpdHy Mot o e n ftessary ar 4isehr{ (c rricin Lain the le 6V of
protectiiorl apprqrkriate for the designated aurrefrr or fruture arse *f the properTy and that ore dvsr rafsd in a $ro*nf olds Agreement perfa+rni ng to the property fhrs surrey plat Constitutes me of two CorrWanenIs of the Notice perfcir;ing
to the WoramroWds Praperfy depicsK an this pleat arw 4rdccrd�rd of the ftw HOnOW Corntir Register of Deeds' office. The other mYriponent of the Notes is tree dccurbanfcry padaoL to which fhe 8rownfields Agre+amonf for the subject
prWerfy hr of toch ed os f-A b; f .,- o reduced version of this survey Plo f cans tits, tits frh2lif 8 pf the No f ice_ tad1 bi t C of fhe mo fact is a lei dirsoV tjon of the &ownrwods Prciperiy that would be su fficArn t as a descop f rat of Me propefTy
in CA il2frurrren t of CM "j,-Mce. Yhe f wft t ar�d -Use Restric U ns, e. -t" f ed w rba tim trod, the Hof, . are berm, .Y kwosed an the Dowrl fweids Property 4nd shoo kaki k) Woe rh perpetuity un ess c ncooed by Me Secretary of the
North Ccra Fiho Deparfmtnt of En e4roelm on f and Naiu ral Resources ear frs sdc sor in Atn ction), or his rer d dmir&e. after the hazards Ift-o a been efirnaro f ed. pursuml to NCCS f 113A-..Xt 2.3 e).
F. No use ,clog be made of the Prqperty+ albee than �br hr'pf4 - drnsity resat f ieK mcvi na, h a f ar, o m retoi, perkrman ce/concer- had. rn ee tang corn tMn 0bcA;fK open iparaau taus, rr s4 t acid re(at ed au tomab i?c por#an g purpV5al.
Whin the m*Ming of this frstrktion. the A3Wowri q dormitians Y
a. -H h-density, r*skMnN&" r*Aws to siructLwas voed as rrnuftr-urdt hurnarn dovI609s. speh os dupedupk-.xcm trjpfe.wes, gvad*jrxes, cpndom+'►,+ , fawn ftcrnas and apmrfmentv. im OA=h -units arE a0 hod to e0ch other with common wdws
and any ass fed prupertr outside the strrtrctte- s) RICY be Usk but ,is oat owned by paric ar kihabitartf#.
b, 'Warka' reAws to o pawl rithin a s3kohardMd ftfb" w#lwv j! owfs and jonhts ar* Oeept in fhe grater or ,sforW OW of the water ;n dry dock A rrrorno rnoy have reAtdir+g. mashing w1 d roDoir (cC_l#+es for r+esscis and rooms,
hpthioM st s+ rsesfomrmt4 ,Meeting OdrEtivs, and mMide and fr't)#er per*Amq kV use bar curtd s OF membem
C. •#ibfd- refers to 0 bLAding contoowirw ,,lard thon AW jFPdbQAPd roarns that prams or,+efoight Grp Edifies and Pesermticn. decrnr'ng, 08;fres and on -site mon4Vment d reCrp tiorf sere es for Po g cusf oAners.
it e " rehys to a piace wdnerO buskkc= or �ftsxhnof Aw1kes ore pmrid
¢. _4ef0W_ refers to thV 20k cf PC*" prOdUCfs Cr mmi*Andbe ~1y to the cortsumer. dhcAwaing rrstaarmf&
C 1t+'1 h0V raf4 So jF� W CAA 6DW facm WS Buitable far the pr* nlrnto9m of artistic and or �U prcodjwctkvs4 incARkpg o u t not cif ed to o'r pAithe+Qlwy and ouditolr+ ns.
OL -Weetr cor vention f luty" rrfpm to one or more ditlgs prr mkkV Apace kw pagfl"ps of perrans and rebated &Lmcrf der ad for payhg c fwn
h. 1ORe+ apace outdoor rarcraaton " raters to ,f ndscgoa'd or noftwvi oftas set aside for tht posirr've re+cre+ational use of residbrtfs asers of a daY+dppment or of the wool public, and to pv&ir- or p,rirnare golf Courses, tannis courts,
bade CO, bat curls. and simitar active uses not dosed in haidings thc'f are qqorok+led in wrMng in udmnce by NCSP. but the fences do not JncAvde ooy ocrhr ties Kirawalraing structures blow prmmd aWrface, such as sn+'irnrr;0g pools_
i -Parkk?g " refers fc an aFRC mired and dyrBowtard for JgnVgror r oC=crrlrrwc+datiarr of ma for wwlikOev Obr a Am or os a Vie.
2, in fht area dernurnkofed - rec of Pote t tici Krof carni n " on th it P, -af component t of WS Notice, no bujding M ory be czarfruclod run f f hrcBp has b~ consaf ed rrvar*Tv the Proximity of the P aCon od buftri ;g to the Property's
wao atate conjoenk#ant pAum& if NCJAP ab f ermrt es that tfpc foe tprarrt of a buftnq pr upased to be catstruc f ed on the Property woWd W w fhkx 100 feet of quieplume, it may not be cons fructed without a vgpor barrier #item ,d osr
+,Mica ar pare .mar r"if rgetion spa(e,,, apjoro pe# in wr'i tbg in advance by NCW_ W##in 30 da)a foffowing in f10eo1i+vrr of the ,mar bonIer s)af am an d ar m echon kcs or passive vopar mRilgalAr f sotem. NCOP sfrdff be pro aided with
cerliticoban of proper �nstagatio n under sons of o pmf&sxkvha0 engvv ff i wd it friorM Carafi na. cs we es pelafagrqphs Nustnoting the hstaVotion and o brFef narrative deacrf�iIg it. Wth f P's prA r Witten appra+or uWotknal
ieZvM!S6ip7Gan acU�es ir4� , hmf UrniliDlim, aavl pw rarnpka6 pe forw+�ed is '# mtteh sat&fa,ctkvi4 ,clay be rwductod and instago#ion of a barrier arnd or mittatkc owtem possob4yr ewcused. so h3 n!q va the propmenf molikes an
advance r.ritt&r colmmUrra of to instoff a bornkr and/or mWpofimn Sotem if +'FCW so rm;Ilur cx based are review of a scarf of the k mstilp+afkn a,cHwRies thoi MOW dcat7s ate-
.1 NO ba-10iir+g an the PrWwfy, may be used a n U n edna kaf ,rent t+ lo(k) 'M ■ Hh ou tdo r air is pmd in corrP&wMMce with the most current version of the Mect4a kaf Veo trdctiorr Sect Tarr of ttre Vle.rt t0'a ti+orn ct4 0Ptar Of fh r N*rt?3 Cgrl:�r'rxv
.state Swoding C(-00q* *,; or anko then sfwddrd approw*d in ■rt(f'g ' ady+mme by A CRP, not■ ithsf d;n g any ex f the Code or aliftmothe stance may contain, cress c "pit ce with th hr load wse restrto t ion ,is waimd in wridirig by
is 06u nce in rovard to p'04ar WW rgW"C ra ar b 9di'Y lKth," day: IbOo w mg kislaft f of ttl a aubjeCt M&Cih04k1W wit.00t0t in c clew, doh or modh i,catian of er mechan caf mm ilat+art syriam ifr c onrrection Pth
arWo"gemen t of an axistinV bu9dkPg, o p u fas3iorme engrincer bee sed in ovarcm Caraifina &hay proms hr cerli&-la tion under sew that Me Ven idation sjatem was insfa4rd in o onCr~ with its des4A spe0rhCo 0aft and compAcH With the
C
4_ _urfave water and LysderproLmd der of the propmrly may. not be cloud hw ony pLqpaw ■I fhaut the prim nrr Otten approwcd of
,- Except for artr+rrprl,ri'texttcl� t*310% seed atim and ffkx7rt Sing rvqLQrud by Q0dZ Aa actr'rr'f++es that nunove or wse groundwater Nr erarroe, instadllatir n of Nader supply wex haut# x paradsL iolk ar Swimming paws s■ idd bjo'
prQ,lvpdwaterr, Or Constructim ar er•i ar+otrlm acfrrif+,es) May+ oevur on UIe Prooerfy without prior f ing and an~atysb of groundwater fo the satalh+cfiat of AkP9P, &-W subrrnittal of fire am3fjWc& tvu dls to NW. Any groundwote,r pumped
f m the pr-,,n dr shad be cprw f awn weed mrmpW ar4d diposed of to MCW s written so fisfaclko. des t t is ovd+ad in wrl'U ng in adwmce by APCW ralparding a partirxWar insf ance o f pmmpivaL if the ana�r icof resruf fs cf rdose
to AQW C0ntorrnin0tJbn it e.CeSS of North C~aromas r�qxridwafor gurWty sunddrd.% the prayed OCtr`+rifies may not occur wrlhwr the IMrfttan qppccvqw of ACBP an sucn condjk ns as OVCBP kr*ma*.& indudaip of o mIbirrxum file requ&le
fepni proreafp if and of p4ns and PeDcadurn to protect pub0c hatfh and they enIrrtcviment ing the pry act f cs-
& on the p`ra WI+ y May r+ot be drstrurlDcd wPthcwt a mbr) mum of seven (7) bu°tess da odvWCe written notk* to AkW, LgWv" the NCW sfafcs othermse in Irrh+ktp Iki 0&mwce, At the fie the sa-' in pueeliEw+ is a eased NCBP
may ita;p'e,cf a*d eta. or rNWkV ,arming of, the espaeed saJ far con domainon fs� If so# corn lanrni -abo,n is dtscoYered f flat AeC9P dctcm-m nes wav0d fkdy coofafrninate praundwater a Y+m if cuppohd, or that may pa" an knmin en f threat go
PL6Wk t dth Dr 111e *crsnmj jj dis-'lyvbrd. w rrwxA 30a as HMP reammaboy Ampuires sham be rafnowd anof d of ira arG #once w 4h qW ie foIw, or treated in situ in accDrdance wr1h a plan approwd in writing in ad ce by
NCW. and any a then oc#lo,ns tho f MOW reasownabl)e requk*s to mare the Prop criy suiloWe W five uses spe+cNied in t and Use Restriction t Embove wWc fldty pro tectirrg p LmWic hed1h and We enviforrfrt en t Sn of be f c* era, if soiv can tar, ire atoon
is discovered that AACRP determines wmdd neither canIdmi hale proundwofesr Barr pose an rirnmindmf Weal to Pucoic hedth or the ens# if cepped. as much sod as NCBP rr090rrrsWy reYfcrirea shok be removt4Y and cA*Psed of in
cacc rly4ormae arlth appficabla low, treated in Mu kr erdence wifh f pion opprured in writing in adwdnee by MCOP, ar capped to the written salisf'acti n of MC .
7. He nwrting may De rrdsrcted on or under the Property kr cOwdpjq, w¢thout hmifatioA, oxjfWfmn of coal,, na, gm or any other tee& oe non -film subsionces.
$ Wand of the contaminants (known to be f in the ef11ltrlxmer ftV mead of #ire Prcpiwly, indudbg those fisted ,ire Toms .d orrd 8 ab'ove� may be wsed or stored at the Property withcwt the prior orb of MCW. exeept 0CW drt
minimla prmouofs of zuch whetw3ces fir deannp and dth&,' routine Jka.xakefirin!7 cc'fiYdfies. petr-Wcu r products weed ir1 Me apelratkn of motor r,ehkie and marine efMpnesy any such cattamina,nts that are hurrctional calrrporreAtf of 00drrtgs.
ornd entalFpwcy gdAercfor At& if stored and used in corm iNk ca wifh a pion q*wowed ih wrrlt„ng in odKnce by AfCRP-
9. Ko thing +nay be 0onstructed b dow grVdv an the Proaer1jr. Trading w ifhcw t tirnlf adieu hasten is and perfFing, wrliout AFP's prier wref f err o va� and Ire,,, f nl'ng in for m ance. as dete"nined by NCB, with cpp, Aga ;e bur7din g codes.
10. toss this !arid craw ryes Lr;rttarn is wa„red in writing by NORP, the owner o f Ony partial,, C f the Pnwcr-ly where MY axistin g ar in w f aped nr7mitonngt way fro r d by DENR rs dondged &h aN be eeVonz&e for repair of
such w V to the wif fen satisfoctio r of t#e DENR oqwm v that c2Yro m d the ■'rrR and within o time pariod accepta&e to that DEhW opmcyc
tt. Qvw the possUtfy that confaminolad sad cocid he amrounterect dvrk?g r'edow■,h3or ani aCtilities of the Prope""tA inducthp but not fim4ed to ymdirrp, cuffing, and excowNw7s for riowtor SOIWf$, fmiadotions Md footitpsr field
scraimin g tec hn4N +er described in o Pion qppromd in Yrr'i tarp by MWP in advance snail be m7WcP &-ring my soO cutting, pamStrafing. a wtclap and prodin g oct+'i tks comducfrd at tha Prop wfy, -ScJ th o t maid screening and ar field
d
observation indko f es roor be can tafnino red w;fh rwrpLdated suaslonces P` a4 be s f aclkpoled per�dnkrg m r*tdtg and labod f ory aria/ysi& Afi stCCAPOes shaft be cowed by a ma teeive knPervf0us fo water ' o mrranrrr_r the t pre ven is WOW
inOTIF01krP or run -OM _`i0CVkd SOON ahQU Po sarmN*ed and c nd}aed in occordimce with a plait approwaki. in IlfOting in advmce, by NWP. AA soft 66sat NC OP delarmOves r.xsve& We doo femecUalion -9Dcoa f -SRtj'} of DEHR's frloct�ve
Hozarddrus .bites &ranch (-YSp) sfrdl, to MWP-S written safisfae f ice, &c diipa9rd of It cwtamin-OtAm fs pevxenf in C0rKV01r0fhXw law of than the SR" and AKSF de f ermines trot the anarKwal re-WIf s One such that spreadm g fhe
stCW*pj'ed 501 an the prgQelly 00 leave the PrWerey switoWe for dire uses Specif+ed in Lond Else RVS96C lion i above wrhde {laliiY peotecting public hrWh Brad the ern%irormeftf. &pv s tocOWoled mxW nwy be spFeod on the Prvperty if any ofcas
on Whch sad is spread are rimed to AACW s waif tern sdtrSIOCeiorr by a MinWrnUM Of two (4?) feat oil dean FR dam. ff any soO a- other m ate'rkmf cot f rm ed to be con tar7' inured w;fh reWfa ted subs f o'rc'es is drscipvared c t the Properly rfu rin q
redowdopr, ant! Prospectim 81e* i-gper efiad s m& im a cctrrdties re0cf end to s+ Xh NO or o f he+r maf erial in the next R&Yemakpment f?epool submitted punwanf to porugrW 16 of fc�jbfC A hem to.
7.2. hb AN mo te+r° may be placed on the Prwer t jr aarWass NCW has been irrforrrned in Irritili q of the sowee of PGAd marf erid and, if NCOP sa requkas_ NCRP has been prow~ 6vcuTm n tation sctisfocf ary to +gyp tP ut the Crti tno f Snot
ors not contoin h an*ws u1bifances at cwcentrawns above W58 a rCffk an tier SRGB� oe such anaiyGcai #es f ing has bawl performed as NCW reqLdres f o damc0strate to NCOP'T SqfiS0b4:W0n fhat #tic M m otoda does not caw taih
hamcdous jubstancee of kern tratAws obame Me 84W s Pla dm tlhpt SR04.
11 Whin 30 ftA uAer any vrRtmn HCW rat to & fro the them cwoer of each partiPn Of the ProPerfy Crurrta��p a�jr gfr dtrvter rrnorx,�tor ar�s� in7ect nrs,fla4 recoWyF WWfs, pkr2ornefr`rs and other frnarn,moOe paints Of
groundwator access of the Propwly shcW ef` cj the abonotianmeal of son-je jo occardmce ■nh Sobchapferr 2C of 77ft 15A of the frtor-fh Caraino Adm;hlrfraVve Cow end vrafl, wiffpia fhk-ry (30) days after concJvdOg srur-h abandodiment
p uvioie h+CS;R 04S& and the Dlv«sm7 Of Wol er Qua d y a rqparf seting A -th the altandL+ %men t pn?C@ULvim and rlesuHs thof kxA des woo aba%doronen r rrcarmtL
14, Neither DfM noe any pwfy ewnducting &nvirawe ntar as"ssmono or rerwe'diaDian at the propwl r ut the a*wfian of, ee p rsrront to o perm;f or or:Aer issued by DEUR mop be denied access to the Property for perrposes of
carrdwr,r h dssassmont or remadiution, which is to be Conck^r ta'd asi g rV0VWG6kI efforts to mi n+kr+4ry i rlefera'nive rrffh cuthwizod useS of dire Pn*wrys
t1 uary of eve* +ear o ft rer the ywor ' whA=h f t 4 ft lice is reco-ded, (he o rrner do of Dreernaor a st of the prior yvar of any PWI of the prgperty shad' submid a n o forded Land Use Res trio tion!r Updo f e (-t U )o to HCEP
ewlifyirn9 (hot the ftfka of 8ro+7fafds ProporlJ"' fa;nr q Mose Land Use RastricGoins r*mai ns recorded of the New HHanover Cwnty Registaa- of &@eds ofh'i~e aced fhvt the land rise restriclia,.5 are bair+p cofrW;iod with_ Allemor;Vq%'y: the
w4gations of this wubpo,�ograph mar be discha Vad on OvMdf of saute or aN oYnW-s by 42n G aull ' as 69n MCI gatis6as DEW in Writir4g that ft dr, .00009Y OCtinp rras +t fZW sodd VWnerr. Cnd ltna# 0co•8pts~ resPZW' sSb+fit}' for co,rrFpl�arrce
with this mAbpararcph p,ursuont go a notarized instrument appromd in rrrrlin g by OENR, A sta temefr f in a nv f armed copy of The rr+aster ale veippen e,n t ossoc o f err docurnan is for the prWeyly requoinag the Mas f er de,r�loprr� en t ossoc,� rim to
arnnuatfy subm t the Ltd shad s.Iafiica Ter a 4LURV shot aG to W
o- the Aid rnarrrnk rraoMp addrVaL fefephone arnd facsimik nLwra ws. -and a -mad nd&wss of the owner subralrfing f#re IVRU ff said awnar ocquked an r puff of the Property d1-+r;rg the previous coiendvr year;
#_ the fransfareffs U nprac m a14ip address~ t ooe and facskrWe nu mbe -% and e-,trait address, if said owner transferred any pari of rh a Prop rfy diuring fhe pmrriraWa cala,ndor vea1r,
cL wh*Cher any fandsccpad arms of the powlibn of fte Pray rfy )bwt to ##e LUQU rer Vic? mgwicted and frhibit enmLhw ,
d. whether any =;ps insta4led pursuant to Land Use Resfric6ans 6 OrW 11 crbvmv. in the portion of the Pretty #u6°ct #v the LtWU, eomciq in 9god candy -flan and intacC-
a rl'1` a rhar auidings and powmen t 0 me pakrtkv+ of the Propwtp *rf to the LLWU ore beAng mown tailed in good r'epoir; and the d4a t s) and nuWre of ant badding- a+ndl r pavement -rda ted canstructiorn, Anoiu tr nance or
repair ■our perfarrrrad since dike iosf LURU r■,ya-ding the subfitkO par hmn of the Pr op.rfyt
I, wrm�pethar any rWor bo-ehr and/car m4figahon s.,Pvtemv irnstalfod pLwxuont to Land Use Reestricfian 2 wove. if? Me oarlion of the Properly subjoct to fire LU+V, ore per -forming os #es;pnvd- any r cnnternarnce and rrpaw of any sue*
syMt s� dins'! has ba-M pa1oWr Ned X�ncrG the fart LLWU regarding the subject porno,, of the P wefyy, oy�d rrwrethar the uses of the ground floors of vny bud�qx m the parghwt of the PrWe-ty subject fv the LURV that Confai7 such rcpor
bon-kmr and or mii! plafian syervms home clamped, and rY m how., w;d
gr Otethar any me harnkal + Uatim $yRtA'ins Osf aged pursuant fib Land Use Restriction 3 obo w ewe PeHkWMrnp of eFeOgnect Cod any encin f en+anCe and repair of any such sys f ern (s) has b egn p erfarmed sinec foe lost L URU
regenrdiv the subAct portion of the Pr erfyc
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EXHBIT C
11.39f ACRES
(MARINA HIGHLAND)
RIVER FRONT HOLDINGS II, LLC
Commence at a point located in the center line of Nutt Street(30' Public
R/W) at its intersection with the center dine of Hanover Street(66' Public
RIB; thence South. 83 degrees 44 minutes 39 seconds West a distance of
15.45 feet to a Rail Road Spike located in the merest right-of-way line of Nutt
Street(30' Public R[W); thence along and with said west right-of-way line
North 06 degrees 13 minutes 47 seconds West a distance of 33.00 feet to a
point located at the intersection of the westem dine of Nutt Street (30' Public
Right -of -Way) with northern line of Tract 3R (Revision) as shown on plat
entitled "River dentures convention tenter Tracts" and recorded in Map
Book 48, Page 257 in the New Hanover bounty Registry, said point being
the Point of Beginning; thence leaving said west right-of-way line and
along and with said northern dine of Tract 3R (Revision) South 93 degrees
46 minutes 13 seconds West a distance -of 250.00 feet to a paint; thence
South 81 degrees 43 minutes 09 seconds West a distance of 18.96 feet to a
point; thence South 135 degrees 47 minutes 06 seconds Nest a distance of
89.95 feet to a point; thence South 85 degrees 09 minutes 23 seconds West a
distance of 48.08 feet to a paint; thence South 83 degrees 15 minutes 51
seconds West a distance of 27.27 feet to a point; thence South 84 degrees 21
minutes 13 seconds west a distance of 77.22 feet to a point; thence South 84
degrees 28 minutes 04 seconds West a distance of 108.22 feet to a point;
thence South 83 degrees 19 minutes 41 seconds West a distance of 64.29
feet to a point; thence heaving said northern line of Tract 3R(Revisl'on) Forth
0 1 degrees 45 minutes 49 seconds East a distance of 5.05 feet to a paint
located on the face of an odd wooden bulkhead as shown on plat entitled
"Live yak Development" and recorded in Map hook 40, Page 50 in the New
Hanover Jaunty Registry'; thence along aid with said face of an aid wooden
bulkhead North 83 degrees 19 minutes 41 seconds East a distance of 63.60
feet to a point; thence North 84 degrees 28 minutes 04 seconds East a
distance of 108.26 feet to a point; thence North 84 degrees 21 minutes 13
seconds East a distance of 77.17 feet to a point; thence North 83 degrees 15
minutes 51 seconds East a distance of 27-31 feet to a paint; thence North SS
degrees -09 minutes 23 seconds East a di stance of 49.19 feet to a point;
thence North 85 degrees 47 minutes 06 seconds East a distance of 89-87 feet
to a point located in the eastern High Water Line of the Northeast Cape Fear
River thence along and with said High Water Line the following course and
distances: North 10 degrees 10 minutes 22 seconds East a distance of 17,00

4
feet to a point; thence worth 01 degrees 34 minutes 53 seconds west a
distance of 16.3 5 feet to a point; thence North 25 degrees 3$-minutes 36
seconds West a distance of 6.14 feet to a paint; thence North 20 degrees 35
minutes 45 seconds West a distance of 17.00 feet to a point; thence North 20
degrees 35 minutes 45 seconds West a distance of 6.91 feet to a point;
thence North 26 degrees 22 minutes 21 seconds East a distance of630 feet
to a paint; thence North 16 degrees 05 minutes 17 seconds East a distance of
13.97 feet to a point; thence North 14 degrees 18 minutes 52 seconds Nest a
distance of 7.93 feet to a point; thence North 83 degrees 37 minutes 59
seconds West a distance of 16.14 feet to a point; thence North 64 degrees 03
minutes 52 seconds Nest a distance of 14.13 feet to a point; thence Forth 86
degrees I I minutes 36 seconds West a distance of 15.00 feet to a pant;
thence North 94 degrees 14 minutes 14 seconds West a distance of 27.53
feet to a point; thence Forth 71 degrees 49 minutes 38 seconds west a
distance of 29.77 feet to a point; thence South 83 degrees 19 minutes 16
seconds West a distance of 41.37 feet to a point; thence South $4 degrees 16
minutes I I seconds West a distance of 28.30 feet to a point; thence South 81
degrees 46 minutes 54 seconds Nest a distance of 26.96 feet to a point;
thence South $2 degrees 33 minutes 10 seconds Nest a distance of 20.51
feet to a point; thence South 86 degrees 44 minutes 40 seconds Nest a
distance of 27.69 feet to a point; thence South 82 degrees 27 minutes 52
seconds West a distance of 39.24 feet to a point; thence South 84 degrees 17
minutes 49 seconds West a distance of 28.32 feet to a point; thence South $ 1
degrees 58 minutes 09 seconds West a distance of 55.61 feet to a point;
thence South 97 degrees 35 minutes 36 seconds West a distance of 25.70
feet to a point, thence North 16 degrees 37 minutes 43 seconds We st a
distance of 17.38 feet to a point'; thence North 04 degrees 29 minutes 35
seconds West a distance of 22.19 feet to a point; thence North 14 degrees 51
minutes 17 seconds West a distance of 24.71 feet to a point; thence North 14
degrees 38 minutes 56 seconds East a distance of 19.39 feet to a point;
thence North 47 degrees 36 minutes 26 seconds East a distance of 20-30 feet
to a point; thence North 46 degrees 09 minutes 48 seconds East a distance of
20.49 feet to a point; thence worth 59 degrees ZO minutes 06 seconds East a
distance of 21.34 feet to a point; thence North 57 degrees 17 minutes 04
seconds East a distance of 25.05 feet to a point; thence North 61 degrees 03
minutes 3 5 seconds East a distance of 22.03 feet to a point; thence North 66
degrees 12 minutes OD seconds East a distance of 25.92 feet to a point;
thence North 62 degrees al. minutes 49 seconds East a distance of 30.77 feet
to a point; thence North 62 degrees 01 minutes 30 seconds East a distance of
31,42 feet to a point; thence North 59 degrees ZS minutes 27 seconds East a
2

distance of 27.91 feet to a points- thence North 58 degrees 49 minutes 41
seconds East a distance of 27.29 feet to a point; thence North 66 degrees 11
minutes 41 seconds East a distance of 27.31 feet to a point; thence North 71
degrees 45 minutes 26 seconds East a distance of 29.66 feet to a point;
thence North 58 degrees 42 minutes OS seconds East a distance of 28.76 feet
to a point; thence North 68 degrees 58 minutes 35 seconds East a distance of
27.40 feet to a noint: thence North 60 degrees 45 minutes 49 seconds East a
d *1 s
.0
seconds East a distance of z z. o i feet to a point; Thence North 27 degrees j:)
minutes 08 second
degrees 00 minute
1 • V
Lance of 25-23 feet to a point; thence North 27 degrees 42 minutes 31
,s West a distance of 16.72 feet to a point; thence North 39
s 55 seconds west a distance of 22.07 feet to a point;
thence North 83 degrees 31 minutes 03 seconds west a distance of 25.91
feet to a point;,thence South 72 degrees 59 minutes 43 seconds West a
distance of 26.37 feet to a point; thence South 66 degrees 54 minutes 27
seconds west a distance of 21.97 feet to a paint; thence South 87 degrees 43
minutes 16 seconds 'West a distance of 22-55 feet to a point; thence North 31
degrees 00 minutes I I seconds 'West a distance of 26-01 feet to a point;
thence North 13 degrees 15 minutes 06 seconds west a distance of 23-60
feet to a point; thence North 54 degrees 16 minutes 07 seconds East a
distmee of 35.28 feet to a point; thence North 60 degrees 26 minutes 23
seconds East a distance of 20.78 feet to a point; thence North 67 degrees S?
minutes 37 seconds fast a distance of 56.80 feet to a point; thence North 44
degrees 12 minutes 23 seconds East a distance of 31.44 feet to a point;
thence South 70 degrees 39 minutes 48 seconds East a distance of 8.51 feet
to a point; thence Sough 32 degrees 08 minutes 3$ seconds East a distance of
13. 10 feet to a point; thence North 35 degrees 52 minutes 45 seconds East a
distance of 8.68 feet to a point; thence North 31 degrees OQ minutes 52
seconds west a distance of 13.28 feet to a point; thence North 12 degrees 55
minutes 03 seconds East a distance of 7.84 feet to a point; thence North 79
degrees 26 minutes 42 seconds East a distance of 15.49 feet to a point;
thence North 18 degrees 31 minutes 55 seconds Vest a distance of 19.22
feet to a point; thence North 79 degrees 33 minutes 25 seconds West a
distance of 23-.98 feet to a point; thence South $4 degrees 10 minutes 15
seconds West. a distance of 24.06 feet to a point; thence South 76 degrees 48
minutes 43 seconds 'West a distance of 26.10 feet to a point; thence South 74
degrees 27 minutes 10 seconds 'West a distance of 27.01 feet to a poi*nt*
thence South 70 degrees 56 minutes 10 seconds west a distance of 27-17
feet to a point; thence South 64 degrees 48 minutes 45 seconds West a
distance of 28.26 feet to a point; thence South 66 degrees 47 minutes 49
seconds West a distance of 26.28 feet to a point; thence South 65 degrees 15
V
.. L

minutes 14 seconds West a distance of 30.18 feet to a point; thence South 65
degrees 14 minutes 44 seconds West a distance of 29.04 feet to a point;
thence South 82 degrees 14 minutes 35 seconds West a distance of 12.50
feet to a point; thence North 24 degrees 54 minutes 51 seconds West a
distance of 32,29 feet to a point; thence North 29 degrees 34 minutes 10
seconds East a distance of 27.73 feet to a point; thence North I I degrees 23
minutes 12 seconds East a distance of 21.47 feet to a point; thence North 03
degrees 01 minutes 54 seconds West a distance of 32.44 feet to a point;
thence Nor h 13 degrees 49 minutes 29 seconds West a distance of 19.81
feet to a point; thence North 03 degrees 08 minutes 15 second
s East a
distance of 10.92 feet to a point; thence worth 18 degrees 25 minutes 3 6
seconds East a distance of 12.3 5 feet to a point; theme North 25 degrees 13
minutes 43 seconds West a distance of 15.77 feet to a point; thence North 64
degrees 24 minutes 53 seconds East a distance of 10.09 feet to a point;
thence North 03 degrees 39 minutes 28 seconds West a distance of 11 .47
feet to a point; thence North 64 degrees 05 minutes 56 Seconds East a
distance of 22.44 feet to a point; thence North 67 degrees 40 minutes 22
seconds East a distance of 24., 10 feet to a point; thence North 66 degrees 02
minutes 13 seconds East a distance of 22.81 feet to a paint; thence North 62
degrees 45 minutes 03 seconds East a distance of 28.97 feet to a point;
thence"North 66 degrees 18 minutes 2$ seconds East a. distance of 27.33 feet
to a point; thence North 69 degrees 42 minutes 03 seconds East a distance of
29.23 feet to a paint; thence North 64 degrees 28 minutes 05 seconds East a
distance of 26.32 feet to a point; thence North 64 degrees 23 minutes 50
d&
seconds East a distance of 28.24 feet to a point; thence North 67 degrees 34
minutes 46 seconds East a distance of 33-.45 feet to a paint; thence North 66
degrees 08 minutes 46 seconds East a distance of 31.68 feet to a paint;
thence North 39 degrees 32 minutes 43 seconds East a distance of 18,.03 feet
to a point; thence North 27 degrees 29 minutes 3 S seconds West a distance
of 17.5 S feet to a paint; thence Sough 74 degrees 16 minutes 18 seconds
West a distance of 24.00 feet to a paint; thence South 55 degrees 13 minutes
04 seconds West a distance of 24.03 feet to a point; thence South 64 degrees
51 minutes 34 seconds west a distance of 32.92 feet to a point; thence South
72 degrees 42 minutes 30 seconds West a distance of 26.94 feet to a point;
thence South 63 degrees 34 minutes 13 seconds West a distance of 27.46
feet to a point; thence South 65 degrees 48 minutes 47 seconds West a
distance of 37.32 feet to a point; thence South 63 degrees 45 minutes 22
seconds West a distance of 30.28 feet to a point; thence North 86 degrees I I
minutes 26 seconds West a distance of 22.39 feet to a point; thence North 88
degrees 16 minutes 17 seconds West a distance of 25.58 feet to a point;
a]

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D
thence North 80. degrees 57 minutes 43 seconds West a distance of 24.00
feet to a point; thence North 25 degrees 30 minutes 49 seconds west a
distance of 13.13 feet to a point; thence North 09 degrees 23 minutes 48
seconds East a distance of 1638 feet to a point; thence forth I I degrees 49
minutes 55 seconds East a distance of 21.21 feet to a point; thence North 29
degrees 44 minutes 17 seconds Nest a distance of 25.55 feet to a point;
thence North 44 degrees 25 minutes 31 seconds East a distance of 31.57 feet
to a point; thence North 42 degrees 04 minutes 41 seconds West a distance
of 24.11 feet to a point; thence North Q I degrees 44 minutes 19 seconds East
a distance of 28.52.feet to a point; thence North 22 degrees 47 minutes 20
seconds East a distance of 21.22 feet to a pointy thence North 12 degrees Sa
minutes 46 seconds East a distance of 33.42 feet to a point; thence North 15
degrees 46 minutes 42 seconds East a distance of 27.17 feet to a pant;
thence North 16 degrees 57 minutes 36 seconds East a distance of 29-94 feet
to a point; thence North 02 degree's 55 minutes 59 seconds East a distance of
32.79 feet to a point; thence North 03 degrees 13 minutes 34 seconds West a
distance of 24-69 feet to a point; thence North 25 degrees 19 minutes 30
seconds West a distance of 37.29 feet to a point; thence Forth 15 degrees 43
minutes 36 seconds East a distance of 32.57 feet to a point; thence North 14
degrees 12 minutes 34 seconds East a distance of 27.31 feet to a point;
thence North 02 degrees 32 minutes 16 seconds East a distance of 25.23 feet
to a point; thence North 14 degrees 27 minutes 26 seconds East a distance. of
15.52 feet to a point; thence leaving said eastern High Water Line of the
Northeast Cape Fear River North 83 degrees 44 minutes 3 6 seconds East a
distance of 164.60 feet to a point-, thence following a curve to the right
(R=40*50 Axc=127-23') having a chord which bears North 59 degrees 42
minutes 45 seconds East a distance of S 1.00 feet to a point; thence North $3
degrees 44 minutes 3 6 seconds East a distance of 145.23 feet to a point;
thence South OS degrees 43 minutes 26 seconds East a distance of 33.00 feet
to a point; thence South 83 degrees 44 minutes 36 seconds West a distance
of 5.50 feet to a point; thence South 06 degrees 15 minutes 36 seconds East
a distance of 792.49 feet to a point located in the northern dine of Brunswick
Street (66'Public Right -of -may); thence along and with said northern line of
Brunswick Street South 83 degrees 46 minutes 53 seconds West a distance
of 162.50 feet to a point; thence youth 06 degrees 15 minutes 36 seconds
East a distance of 66.00 feet to a point located in the southern Right -of -Way
dine of Brunswick Street (66' Public Right -of -Way); thence along and with
the southern Right -of -Way line of Brunswick street North 83 degrees 46
minutes 53 seconds East a distance of 179-00 feet to a point located in the
eastern Right -of -Way line of Nutt Street (30'Public Right-w-ofo-Way); thence
5

i
_along and with -the eastern Right -of -Way line of Nutt Street (30'Public
Right -of -Way) South 06 degrees 15 minutes 36 seconds East a distance of
265.39 feet to a point; thence South 06 degrees 13 minutes 47 seconds East a
distance of 66. 0 0 feet to the Point of Beginning; containing 11. 3 9 Acres,
more or less.
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BLOCK 260
HOLDINGS
1.27E ACRES(NON-MARINA LAND) RIVER FRONT
II, LLC
Beginning at a point in the western line of North Front Street (66'Public
Right -of -Way) at its intersection with the southern Right -of -Way line of
Brunswick Street (66' Public Right -of -Way); thence from said Point of
Beginning along and with the western Right -of -Way line of North Front
Street Sough 06 degrees 15 minutes 36 seconds East a distance of 331.26 feet
to a point located in the northern Right -of -Way dine of Hanover Street (66'
Public Might -of -Way); thence along and with the northern R/W line of
Hanover Street South 83 degrees 44 minutes 39 seconds West a distance of
167.00 feet to a point in the eastern Public Right -of -Way line of Nutt Street
(30'Public Public Right-of-Way)-m thence along and with the eastern R/W
line of Nutt Street North 06 degrees 15 minutes 36 seconds West a distance
of 331.37 feet to a point located in the southern Right -of -Way dine of
Brunswick Street (66'Public Right -of -Way); thence along and with the
southern Right -of -Way line of Brunswick Street (66'Public Right -of -Way)
North 83 degrees 46 minutes 53 seconds East a distance of 167-00 feet to the
Point of Beginning; containing 1.27 Acres, more or less, and Being that
Tract identified as Block 260 1.27± Acres Almont Shipping Company (Non -
Marina Land) as shown on Map Book 50 Pages 155 thru 159 of the New
Hanover County Registry.
'P
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.. 0.58± ACRES (NON -MARINA LAND) RIVER FRONT HOLDINGS II,
LLC
Beginning at a point located in the southern line of a 66' Utility Right -of -
Way formerly known as Harnett Street(Closed) at its intersection with the
eastern line of a 30'Utility Right -of -may formerly known as Nutt
Street(Closed), said point being the northwest property corner of Tract T-
I (River Ventures, LLC) as shown on Map Book 47 Page 134, New Hanover
County Registry, said point being the Point of Beginning; thence along and
with #.he western property line of said Tract T-1 (River Ventures, LLC) South
46 degrees 15 minutes 36 seconds East a distance of 792.53 feet to a point
located in the northern line of Brunswick Street (66' Public Right -of -Way);
thence along and with said northern line of Brunswick Street South 83
degrees 46 minutes 53 seconds Nest a distance of 15.00 feet to a point
located in the center line of a 30'Utility Right -of -Way formerly known as
Nutt Street(Closed); thence along and with said center line of a 30'Utiflity
Right -of -Way North 06 degrees 15 minutes 36 seconds Nest a distance of
792.52 feet to a point located in the southern line of a 66' Utility Right -of -
Way formerly known as Harnett Street(Closed) South 83 degrees 44 minutes
36 seconds West a distance of 25.00 feet to a point; thence North OS degrees
43 minutes 26 seconds west a distance of 66.00 feet to a point located in the
northern line of said 66' Utility Right -of -Way; thence along and with said
northern line of 66'Utility Right -of -Way North 83 degrees 44 minutes 36
seconds East a distance of 206.77 feet to a point; thence South 46 degrees 14
minutes 54 seconds East a distance' of 66.00 feet to a point located in the
northern line of Tract T-I(River Ventures, LLC) as shown on Map Book 47
Page 134, New Hanover County Registry, thence along and with the
northern property line of said Tract T-1(River Ventures, LLC) South 83
degrees 44 minutes 36 seconds West a distance of 167.37 feet to the Point of
Beginning; containing 0.58 Acre, more or less, and Being that Tract 0.58±
Acre Almont Shipping Co. (Non -Marina Land) as shown on Map Book 50
Pages 155 thru 159 of the New Hanauer County Registry.
a
000

0.23+- ACRE(NON-MARINA LAND) RIVER FRONT HOLDINGS II,
LLC
Commence at a point located in the northwest property corner of Tract T-1
(River Ventures, LLCM as shown on Map Book 47 Page 134, New Hanover
County registry; thence along and with the northern line of said Tract T-1
North 83 degrees 44 minutes 36 seconds fast a distance of 167.37 feet to a
point located to the southern line of Harnett Street (66' Public Right -of -
Way); thence North 06 degrees 14 minutes 54 seconds West a distance of
66.00 feet to a point located in the northern ling of said Harnett Street (66'
Public Right -of -Way}; thence along and with said northern line of Harnett
Street North $3 degrees 44 minutes 36 seconds East'a distance of 66.00 feet
to a point located in the eastern line of Old Front Street (66' Public Right -of -
Way); thence along and with the eastern line of said Old Front Street North
06 degrees 14 minutes 54 seconds West a distance of 213.29 feet to the Point
of Beginning; thence along and with said eastern line of old front Street
North 06 degrees 14 minutes 54 seconds West a distance of 48.16 feet to a
point; thence North 02 degrees 34 minutes 44 seconds East a distance of
350.78 feet to a paint located in the southern line of Cowan Street (66'
Public Right -of -Way); thence along and with said southern line of Cowan
Street South 51 degrees 05 minutes 29 seconds East a distance of 58,.93 feet
to a point; thence South 13 degrees 54 minutes 17 seconds West a distance
of 7.59 feet to a point; thence South 09 degrees 49 minutes 40 seconds West
a distance of 98.14 feet to a point; thence South 08 degrees 25 minutes 34
seconds West a distance of 99.22 feet to a point; thence South 08 degrees 18
minutes 11 seconds West a distance of 160.76 feet to the Point of Beginning;
containing 0.23 Acre, more or less, and Being that Tract identified as 0.23+-
Acre Almont Shipping Co. Book 4966 Page 1272 (Non -Marina Land) as
shown on Map Book 50 Pages 155 thra 159 of the New Hanover County
Registry.
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9.37± ACRES (NON -MARINA LAND) RIVER FRONT HOLDINGS II,
LLC
Commence at a point located in the northwest property corner of Tract T1
(River Ventures, LLC) as shown on Map Book 47 Page 134, New Hanover
bounty Registry; thence South 83 degrees 44 minutes 36 seconds west a
distance of 40.00 feet to a point? thence North 05 degrees 43 minutes 26
seconds West a distance of 33.00 feet to the Point of Beginning; thence
South 83 degrees 44 minutes 36 seconds Nest a distance of 145-23 feet to a
point; thence following a curve to the left (R=40.50', Arc=127.23') having a
chard which bears South 59 degrees 42 minutes 05 seconds west a distance
of $ 1.00 feet to a point; thence South 83 degrees 44 minutes 36 seconds
West a distance of 217.82 feet to a point; thence North 14 degrees 16
minutes 3 S seconds East a distance of 115 5.13 feet to a point located in the
center line of rowan Street (66'Public Right -of -Way); thence along an with
the center Tine of Cowan Street South 51 degrees 05 minutes 29 seconds East
a distance of 126.81 feet to a paint; thence South 38 degrees 54 minutes 31
seconds west a distance of 33.00 feet to a paint to a paint located in the
southern Right -of -Way line of Cowan Street (66'Public Right -of -Way);
thence along and with the southern Right -of -Way line of Cowin Street (66'
Public Right -of -Way) South 51 degrees 45 minutes 29 seconds fast a
distance of 226.67 feet to a paint; thence following a curve to the left
(R=62-50 Arc-169.74') having a chord which bears South 42 degrees 06
minutes 21 seconds East a distance of 122.18 feet to a point located in the
western Right -of -Way line of old Front Street (66"Public Right -of -Way);
thence along and with the western Right -of -Way line of Old Front Street (66'
Public Right -of -may) South 42 degrees 34 minutes 44 seconds West a
distance of 339.58 feet to a point; thence South 15 degrees 12 minutes 42
seconds West a distance of 52.92 feet to a paint; thence South 16 degrees 32
minutes 17 seconds West a distance of 85-61 feet to a point; thence South 21
degrees 54 minutes 57 seconds West a distance of 76.15 feet to a point;
thence South 23 degrees 52 minutes 50 seconds West a distance of 108.47
feet to a point; thence South 21 degrees 14 minutes 21 seconds West a
distance of 20.41 feet to a point; thence South 83 degrees 44 minutes 36
seconds west a distance of 60.76 feet to a point; thence South 05 degrees 43
minutes 26 seconds East a distance of 33.00 feet to a paint the Point ofC A Fj
,,,.,•�+�«t=��r►►.,,,
Beginning; containing 9.37 Acres, more or less, and Being that tract I 0E� ,
identified as 9.37± Acres Almont Shipping Company Tract (Non-MarinwzQ.
� SEAL
Land) as shown on Mai Book 50 Pales 155 thru 159 of the New Hanovir �
County Registry. �,� 62 Q �
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I? j-
A
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
Filed For Registration:
Book:
Document No.:
Recorder:
216 NORTH SECOND STREET
WILMINGTON, NC 28401
06/2612008 10:02:35 AM
RE 5326 Page: 1093-1153
2008027377
NOTICE 61 PGS $191000
STORER, MARVIS ANN
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2008027377�
2008027377
DOCUMENT OF
POOR QUALITY