25009_East Side Truck_Recorded NBP_20221222

OKI1642 P60504
FILED
CUMBERLAND COUNTY NC
J. LEE WARREN, JR.
FILED Dec 22, 2022
AT 04:37:36 pm
BOOK 11642
START PAGE
0504
END PAGE
0546
INSTRUMENT #
49146
RECORDING
$138.00
EXCISE TAX
(None)
LC
Property Owner: Naman Judson LLC
Recorded in Book ltft_, Page _56
Associated plat recorded in Plat Book 149, Page -6a-,54-
ftw- l t u 'A� f)o
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: East Side Truck Service
Brownfields Project Number: 25009-21-026
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this 2� day of Deal, , 2022_ by
Naman Judson LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 520 Judson Church Road in Fayetteville,
Cumberland County. The site was formerly a semi -truck repair facility. The Prospective Developer
has committed to redevelop the Brownfields Property for no uses other than a hotel, associated
parking, dry extended detention basin, and subject to DEQ prior written approval, other
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BKI 1642 P60505
commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 13 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. Land Uses
No use may be made of the Brownfields Property other than for a hotel,
associated parking, dry extended detention basin, and subject to DEQ prior written approval,
other commercial uses. These land uses and their definitions below apply solely for purposes of
this agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. Hotel is defined as the provision of overnight lodging to paying customers
OA
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SKI1642 PG0506
and associated food and beverage services, gym, reservation, cleaning, utilities, swimming pool,
meeting facilities, parking and onsite hospitality, management and reception services;
ii. Parking is defined as the temporary accommodation of motor vehicles in an
area designed for same;
iii. Dry Extended Detention Basin is defined as a basin that temporarily stores
incoming stormwater, trapping suspended pollutants, and reducing the peak discharge from the
site; and
iv. Commercial is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee.
b. Specific Prohibitions
i. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
ii. The Brownfields Property may not be used for residential use without the
prior written approval of DEQ.
iii. The Brownfields Property may not be used for dry cleaning operations
using chlorinated solvents.
c. Environmental Management Plan
Physical redevelopment of the Brownfields Property may not occur other than in
accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing
of soil and groundwater, newly discovered potential sources of environmental contamination
(e.g., underground storage tanks [USTs], tanks, drums, septic drain fields, oil -water separators,
soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
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SKI1642 POO507
Brownfields Property during redevelopment.
d. Redevelopment Summary Report
Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section VI:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater, or other materials suspected or
confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials
(for example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
e. Groundwater
Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.c., or a plan approved in
writing in advance by DEQ.
f. Soil
i. No activity that disturbs soil on the Brownfields Property, may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public
health and the environment, except:
1. in connection with landscape planting to depths not exceeding 24 inches;
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BYJ I G42 P60508
2. mowing and pruning of aboveground vegetation;
3. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
4. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 13.c.
ii. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 13.c.
g. Vapor Intrusion
No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building
features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance,
Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards
Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST)
standards, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule, both of
which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
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h. Surface Water
Surface water at the Brownfields Property may not be used for any purpose, other
than in connection with legally compliant stormwater collection and reuse techniques, without
the prior written approval of DEQ.
i. Property Access
Neither DEQ, nor any party conducting environmental assessment or remediation
at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued
or entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
j. Abandonment of Monitoring
Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by
DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
k. Damage to Wells
Except for the work related to subparagraph 13.j. above, the owner of any portion
of the Brownfields Property where any existing, or subsequently installed, DEQ-approved
monitoring well is damaged by the owner, its contractors or its tenants, the owner shall be
responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
1. Notification of Tenants
Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Cumberland County
land records, Book , Page " A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
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BKI 1642 P00510
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
m. Separating Old from New Contamination
None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; or
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment
and emergency generators.
n. Land Use Restriction Update
During January of each year after the year in which the Notice referenced below
in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1 st
of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Cumberland County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Cumberland County Register of Deeds office and that the land use restrictions are
being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined
above) which covers the period of time they owned the property. The submitted LURU shall
state the following:
i. the Brownfields Property address, and the name, mailing address, telephone
number, and contact person's e-mail address of the owner, or board, association or approved
entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU
is submitted, acquired any part of the Brownfields Property during the previous calendar year;
and
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 32.a. of
Exhibit A hereto, at the address stated therein.
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OK11642 P6051 I
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
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SKI1642 P60512
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNE�S WHEREOF, Prospective Developer has caused this instrument to be duly
executed this 22 day of Cjg-C4,j%t-, — , 202 Z .
Nam Ju n LL
By:
i a
Chief Financial Officer
J" CAROLINA
VWU-KCP COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date: A
otary
(Official Seal) Notary's printed or typed nam , N tary Public
My commission expires: a 0�
6
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(N.P. SEAL)

OKI 1642 P60513
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
By: . n'�
Mic e E. Scott
Director, Division of Waste Management
10
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ldllfa�
Da

OKI1642 P60514
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Naman Judson LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) East Side Truck Service
OF 1997, NCGS § 130A-310.30, et seq. ) 520 Judson Church Road
Brownfields Project No. 25009-21-026 ) Fayetteville, Cumberland County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Naman Judson LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 520 Judson Church Road (the "Brownfields
Property"). A map showing the location of the Brownfields Property that is the subject of this
Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Naman Judson LLC, a limited liability company,
headquartered at 2200-A David McLeod Boulevard, Florence, SC 29501. Its Chief Financial
Officer is Nick Patel, of the same address.
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 X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Naman Judson LLC for contaminants at the Brownfields Property.
The Parties agree that Naman Judson LLC's entry into this Agreement, and the actions
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OKI1642 P60515
undertaken by Naman Judson LLC in accordance with the Agreement, do not constitute an
admission of any liability by Naman Judson LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit Naman Judson LLC shall
provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. "Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Naman Judson LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address & Parcel
520 Judson Church Road, Fayetteville NC, Cumberland Co.
Identification Number PIN
PIN: 0455-48-9188(previous 0455-58-0008 and 0455-48-7292
Acreage
Approximately 3.38 acres
Current Property Owner
Naman Judson LLC
Redevelopment activities ongoing in accordance with the March
Current Land Use(s)
24, 2022 DEQ-approved Environmental Management Plan
«EMP„
Site Vicinity Land Uses
Single-family residential, wooded land, hotels, and a church
Proposed Reuse(s)
Hotel, associated parking, a dry extended detention basin, and
subject to DEQ prior written approval, other commercial uses.
2
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OKI 1642 P605I6
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Public Benefits of Reuse
Job creation, tax base increase and revitalization of blighted areas
Existing Land Use
Restrictions Prior to
None known
Brownfields Agreement
ENVIRONMENTAL
INFORMATION SUMMARY
Previous uses of the Brownfields Property include agricultural and
wooded land (at least from 1930s-1974), a warehouse (1980s) and
Historical Operations &
the assembly of hotel room modules to support adjacent hotel
Contaminant Sources
construction activities. Following the warehousing activities, the
building was unoccupied until 2009, then used as a semi -truck
repair facility by East Side Truck Repair (2010 through at least
January 2020.
Current
Operations/Activities
Construction activities for the redevelopment activities.
Soil: Both C9-C18 and C9-C12 aliphatics and CII-C22 aromatic
petroleum hydrocarbons were detected above their respective DEQ
Preliminary Soil Remediation Goals (PSRGs) for industrial/
commercial settings. The remaining contaminant of concern (COC)
detected in onsite soil was p-Cymene (p-Isopropyltoluene) and
there is not an established PSRG for this compound.
In 2020, five samples (SB-1 through SB-5) were collected for
additional soil screening related to excavation activities completed
north of the truck repair building in the area of a previous
aboveground storage tank (AST). The petroleum contaminated soil
was excavated, except for an area in close proximity to the building
slab. This remaining contaminated soil was subsequently removed
Contaminated Media
under a DEQ-approved EMP.
Groundwater: Tetrachloroethylene (PCE) was identified above its
NC 2L groundwater standard in groundwater wells within the
footprint and downgradient of the repair building. Methylene
chloride and chromium were also detected above their respective
NC 2L standards in groundwater.
The planned hotel building will be located on the eastern portion
of the Brownfields Property, which is upgradient and outside of
the known extent of the onsite groundwater contamination plume.
The planned use of the PCE impacted groundwater area includes a
parking lot and landscaped areas.
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OKI1642 P60517
ENVIRONMENTAL
INFORMATION SUMMARY
Sub -Slab Soil Gas: This type of sample was not collected on the
Brownfields Property.
Indoor Air: This type of sample was not collected on the
Brownfields Property.
Surface Water/Sediment: No surface water is located on the
Brownfields Property.
ID Numbers/Permits
None known
Onsite Receptors
Future onsite occupants, visitors, construction workers, and
Considered
trespassers.
i. Water supply wells: A water supply well is located approximately
175 feet north (up -gradient or cross -gradient) of the Brownfields
Property.
Potential Offsite Receptors
ii. Residential structures, churches, or childcare centers: Single -
Considered
family residential structures are present to the north, between 200
and 500 feet of the Brownfields Property, and a church is located
to the northwest, across Judson Church Road.
iii. Surface water: The nearest surface water is located over 1,100
feet northeast of the Brownfields Property.
Groundwater: The PCE groundwater plume on the Brownfields
Property appears to be trending to the south-southwest, away from
the nearby water supply well.
Potential offsite migration
pathways
Soil Vapor: Exterior soil gas samples within the footprint of the
proposed hotel building did not identify volatile organic
compounds above the non-residential vapor intrusion screening
levels VISLS .
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Report of Phase I Environmental Site
I J.N. Pease Environmental
January 20, 2020
4
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BX11642 PG05'18
Title
Prepared by
Date of Report
Assessment
Group, LLC
Phase II Environmental Site Assessment
WithersRavenel
March 4, 2020
Initial Abatement Action Report
WithersRavenel
July 16, 2020
Monitoring Well Installation &
WithersRavenel
September 23, 2020
Additional Environmental Assessment
Monitoring Well Installation
WithersRavenel
October 29, 2020
Report of Limited Phase II
Atlantic Shores Environmental
January 12, 2021
Environmental Site Assessment
Services, Ltd.
Phase II Environmental Site Assessment
Atlantic Shores Environmental
February 9, 2022
Services, Ltd.
Soil Removal and Well Abandonment
Atlantic Shores Environmental
July 29, 2022
Report
Services, Ltd.
b. Other applicable off -site reports:
Title
Prepared by
Date of Report
Report of Soil Disposal Relocation
Atlantic Shores Environmental
Services, Ltd.
November 2, 2022
IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement, DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated February 3, 2021, and the
following:
a. On May 18, 2021, Prospective Developer purchased the Brownfields Property;
b. In 2021, the Prospective Developer demolished the former onsite repair building;
c. In 2022, Prospective Developer removed the former repair building slab and
excavated and disposed under manifest approximately 27.2 tons of impacted soil located below
the slab in an area immediately adjacent to an excavation of 18.5 tons of contaminated soil
E
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EXI1642 P60519
completed in 2020 by the prior owner. Also, construction of the onsite dry extended detention
basin commenced in 2022.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
M
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OKI1642 P60'520
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. the creation of jobs during construction activities associated with the
redevelopment and full-time jobs following completion of the hotel;
c. an increase in tax revenue for affected jurisdictions.
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
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reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
EMP as specified in subparagraph 13.c. below.
12. As of the date of this agreement, based on the location of the groundwater
contamination detected during assessment activities as outlined in paragraphs 3 and 4 above,
vapor intrusion exposure routes do not appear to present a risk to site occupants of the planned
hotel building. Therefore, the condition of subparagraph 13.g. below has been met for the
redevelopment uses set forth in paragraph 13.a. below.
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
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OKI 1642 P60522
use standards. All references to DEQ shall be understood to include any successor in function.
a. Land Uses
No use may be made of the Brownfields Property other than for a hotel,
associated parking, dry extended detention basin, and subject to DEQ prior written approval,
other commercial uses. These land uses and their definitions below apply solely for purposes of
this agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. Hotel is defined as the provision of overnight lodging to paying
customers and associated food and beverage services, gym, reservation, cleaning, utilities,
swimming pool, meeting facilities, parking and onsite hospitality, management and reception
services;
ii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same;
iii. Dry Extended Detention Basin is defined as a basin that temporarily
stores incoming stormwater, trapping suspended pollutants, and reducing the peak discharge
from the site; and
iv. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Specific Prohibitions
i. The Brownfields Property may not be used for childcare centers, adult
care centers, or schools without the prior written approval of DEQ.
ii. The Brownfields Property may not be used for residential use without
the prior written approval of DEQ.
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RI1642 P60523
iii. The Brownfields Property may not be used for dry cleaning operations
using chlorinated solvents.
c. Environmental Management Plan
Physical redevelopment of the Brownfields Property may not occur other than in
accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., underground storage tanks [USTs], tanks, drums, septic drain fields, oil -
water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
d. Redevelopment Summaly Report
Within 90 days after each one-year anniversary of the effective date of this
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OKI1642 P60524
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. Groundwater
Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
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OK11642 P60525
accordance with the DEQ-approved EMP outlined in subparagraph 13.c., or a plan approved in
writing in advance by DEQ.
f. Soil
i. No activity that disturbs soil on the Brownfields Property, may occur
unless and until DEQ states in writing, in advance of the proposed activity, that said activity may
occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields
Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting
public health and the environment, except:
inches;
1. in connection with landscape planting to depths not exceeding 24
2. mowing and pruning of aboveground vegetation;
3. for repair of underground infrastructure, provided that DEQ shall
be given written notice at least seven days in advance of a scheduled repair (if only by email) of
any such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
4. in connection to work conducted in accordance with a DEQ-
approved EMP as outlined in subparagraph 13.c.
ii. Soil may not be removed from, or brought onto, the Brownfields
Property without prior sampling and analysis to DEQ's satisfaction and the written approval of
DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 13.c.
g. Vapor Intrusion
No enclosed building may be constructed on the Brownfields Property and no
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SKI 1642 P60526
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
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IXI1642 P60527
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
h. Surface Water
Surface water at the Brownfields Property may not be used for any purpose, other
than in connection with legally compliant stormwater collection and reuse techniques, without
the prior written approval of DEQ.
i. Property Access
Neither DEQ, nor any party conducting environmental assessment or remediation
at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued
or entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
j. Abandonment of Monitoring Wells
Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by
DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
k. Damage to Wells
Except for the work related to subparagraph 13.j. above, the owner of any portion
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OKI 1642 P60528
of the Brownfields Property where any existing, or subsequently installed, DEQ-approved
monitoring well is damaged by the owner, its contractors or its tenants, the owner shall be
responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
1. Notification of Tenants
Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Cumberland County
land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
m. Separating Old from New Contamination
None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in
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OKI1642 P60529
writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; or
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
n. Land Use Restriction Update
During January of each year after the year in which the Notice referenced below
in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1 st
of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Cumberland County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Cumberland County Register of Deeds office and that the land use restrictions are
being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined
above) which covers the period of time they owned the property. The submitted LURU shall
state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year; and
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8K11642 P60530
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year.
14. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
15. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
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OK11642 P60531
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Cumberland County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Cumberland County land records, Book , Page " A copy of any
such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions),
though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions
of the North Carolina Public Records Law. Prospective Developer may use the following
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IKI1642 P60532
mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is
identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider
evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XVII.
19. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 32.a. below
of any such required notification.
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OKI1642 P60533
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated February 3, 2021, by which it applied for this
Agreement. That use is that which is provided in paragraph 13.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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OKI 1642 P60534
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
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OKI 1642 P60535
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health, or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § I I3A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
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9K11642 P00536
Agreement or the above -referenced Notice of Brownfields Property.
XIIL PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
29. Except for the land use restrictions set forth in paragraph 13 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
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OK11642 P60537
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
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8K11642 P60538
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Nick Patel (or successor in function)
Naman Judson LLC
2200-A David McLeod Boulevard
Florence, SC 29501
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.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
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OK11642 P60539
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section IX
(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).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
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SKI1642 P60540
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROL A DEPARTMEN F ENVIRONMENTAL QUALITY
By. �"� /-)/�`!P/a �-
Michael L" �cott
Director, Division of Waste Management
IT IS SO
Naman J
By:
Nick P#
Chief Financial Officer
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,1"1 Lz� �-
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JK11642 P6054I
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East Side Truck Service/25009-21-026/9November2022

BKI1642 P60542
Exhibit 2
Brownfields Property Name: East Side Truck Service
Brownfields Project Number: 25009-21-026
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the maximum
concentration found at each sample location, and the applicable standard or screening level.
Screening levels and standards are shown for reference only and are not set forth as cleanup or
mitigation levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Maximum
Groundwater
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
Exceeding
(µg/L)
Standard L
Chromium
TW-1
1/30/2020
14.2
10
Methyl Chloride
Chloromethane
TW-2
1/30/2020
176
5
TW-2
1/30/2020
21.7
MW-1
9/30/2020
5.3
Tetrachloroethylene
0.7
MW-5
9/30/2020
19
MW-6
9/30/2020
4.6
S-2
12/2/2020
1.4
East Side Truck Service/25009-21-026/29September2022

1XI 1642 P60543
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are contained in the Division of Waste Management Risk Calculator, Non -Residential
Vapor Intrusion Screening Levels (VISLs) ( July 2022 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Level'
m
Acetone
SG-5
1/25/2022
20
NSE
SG-1
1/25/2022
24
SG-2/Du
1/25/2022
23/73
SG-3
1/25/2022
14
Ethanol
NSE
SG-4
1/25/2022
21
SG-5
1/25/2022
23
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 12.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
2
East Side Truck Service/25009-21-026/29September2022

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IXI1642 P00546
Exhibit C
Legal Description
ALL THAT PIECE, PARCEL OR LOT OF LAND LYING AND BEING IN CUMBERLAND
COUNTY & THE CITY OF FAYETTEVILLE, STATE OF NORTH CAROLINA, AND
BEING MORE FULLY SHOWN AND DESIGNATED ON AN ALTA/ACSM LAND TITLE
COMBINATION SURVEY PREPARED FOR NAMAN JUDSON, LLC BY CHAO &
ASSOCIATES, INC., DATED JULY 24, 2020 AND HAVING THE FOLLOWING METES
AND BOUNDS TO WIT;
BEGINNING AT A 5/8" REBAR ON THE EASTERN R/W OF JUDSON CHURCH ROAD
AND NOTED AS THE POINT OF BEGINNING (POB), BEING LOCATED 650 FEET MORE
OR LESS NORTHEAST OF THE INTERSECTION OF CEDAR CREEK ROAD, THENCE
RUNNING N 250 08' 26" E FOR A DISTANCE OF 254.59 FEET TO A 3/4" PINCH TOP
PIPE ON THE EASTERN R/W OF JUDSON CHURCH ROAD, THENCE TURNING AND
RUNNING ALONG THE PROPERTY NOW OR FORMERLY OF ERIN PIERSON
GARNEAU S 640 57' 24" E FOR A DISTANCE OF 103.48 FEET TO A 5/8" REBAR,
THENCE TURNING AND RUNNING ALONG THE PROPERTY NOW OR FORMERLY OF
ERIN PIERSON GARNEAU N 330 24' 08" E FOR A DISTANCE OF 134.49 FEET TO A 5/8"
REBAR, THENCE TURNING AND RUNNING ALONG THE PROPERTY NOW OR
FORMERLY OF BRUCE BARCLAY CAMERON FOUNDATION INC., PELICAN
PROPERTY HOLDINGS, LLC S 56° 28' 48" E FOR A DISTANCE OF 359.22 FEET TO A
3/4" PINCHED TOP PIPE, THENCE TURNING AND RUNNING ALONG THE PROPERTY
NOW OR FORMERLY OF PELICAN PROPERTY HOLDINGS, LLC.; GREAT OAKS
PROPERTY HOLDINGS; BRUCE BARCLAY CAMERON FOUNDATION S 33'19'31" W
FOR A DISTANCE OF 312.91 FEET TO A 5/8" REBAR, THENCE TURNING AND
RUNNING ALONG THE PROPERTIES NOW OR FORMERLY OF NAMAN
WILMINGTON II, LLC., NAMAN CEDAR CREEK, LLC N 68°15'43" W FOR A DISTANCE
OF 434.41 FEET TO THE POINT OF BEGINNING WITH PARCEL 1 WITHIN THE CITY
OF FAYETTEVILLE CONTAINING 2.89 ACRES AND PARCEL 2 WITHIN
CUMBERLAND COUNTY CONTAINING 0.49 ACRES WITH THE COMBINED PARCEL
CONTAINING 3.38 ACRES.
East Side Truck Service/25009-21-026/9November2022