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HomeMy WebLinkAbout19025_AMI_PCPkg_20230130NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY Brownfields Property Name: American Media International Brownfields Project Number: 19025-15-001 North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused properties at which expansion or redevelopment is hindered by actual or potential environmental contamination. One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI") that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the contaminants involved and their concentrations in the media of the Brownfields Property, a description of the intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement, which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent ("SNI") shall include a statement as to the public availability of the full NL The party ("Prospective Developer") who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local governments having jurisdiction over the Brownfields Property. The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will start no sooner than February 20, 2023, and will end no sooner than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments and meeting requests should be addressed as follows: Mr. Bruce Nicholson, Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646 19025-15-00 1 /AM1/25Jan2023 SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: American Media International Brownfields Project Number: 19025-15-001 Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act') authorized by North Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, Carolina Hosiery Mills Inc., as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Brownfields Property") located at 2609 Tucker Street & Hahn Road, Burlington, Alamance County. The Brownfields Property, which is the former site of American Media International consists of about 17.93 acres. Environmental contamination exists on the Brownfields Property in groundwater, soil, and indoor air. Carolina Hosiery Mills Inc. has committed itself to redevelop the Brownfields Property for no uses other than warehousing of yarn and finished hosiery goods, office, truck driving school operations, associated parking, and subject to DEQ prior written approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Carolina Hosiery Mills Inc., which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above -stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the May Memorial Library, 342 South Spring Street, Burlington, NC 27215 by contacting Lisa Kobrin at (336) 229-3588, ext. 16191 or at lkobrinkalmancelibraries.org; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street, Raleigh, NC by contacting Shirley Liggins at that address, at shirley.liggins(c-r�,ncdenr.gov, or at (919) 707-8383. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public record database, Laserfiche, by entering the project number 19025-15-001 into the search bar at the following web address: https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will start no sooner than February 20, 2021 and will end no sooner than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All public comments and public meeting requests should be addressed as follows: Mr. Bruce Nicholson, Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646 AMI/ 19025-15-001 /25 Jan2023 Property Owner: Carolina Hosiery Mills Inc. Recorded in Book , Page Associated plat recorded in Plat Book , Page NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: American Media International Brownfields Project Number: 19025-15-001 This documentary component of a Notice of Brownfields Property ("Notice"), as well as the plat component, have been filed this day of , 202_ by Carolina Hosiery Mills Inc. ("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 2609 Tucker Street and Hahn Road in Burlington, Alamance County, and is comprised of an area developed with a former manufacturing building, and a vacant field. The industrial portion of the Brownfields Property was first developed for manufacturing purposes by 1977. It was originally purchased by Heritage Casket Co. in 1970 AMI/ 19025-015-001 /25Jan2023 and was used for casket manufacturing until 1992, when the owner began leasing the property to American Media International (AMI). AMI manufactured various types of media materials, i.e., cassette tapes, digital video discs, and compact discs, and included printing operations. The Prospective Developer and property owner, Carolina Hosiery Mills, Inc., operates the building for warehousing of yarn and finished hosiery goods. They also lease part of the building to a truck driving school. 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 12 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. No use may be made of the Brownfields Property other than for warehousing of yarn and finished hosiery goods, office, truck driving school operations, associated parking, and subject to DEQ prior written approval, other commercial uses. For purposes of this restriction, AMI/ 19025-015-001 /25Jan2023 2 the following definitions apply: i. "Warehousing" is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity. ii. "Office" is defined as a place where business or professional services are provided. iii. "Truck driving school" is defined as an educational program designed to instruct drivers to obtain a commercial driver license. iv. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. v. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools for children without the prior written approval of DEQ. c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ. d. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. 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., 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 AMI/ 19025-015-001 /25Jan2023 3 Property during redevelopment. e. 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). f. 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 12.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 12.d. above, or a plan approved in writing in advance by DEQ. g. 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 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above -ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related AMI/ 19025-015-001 /25Jan2023 4 assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d. h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d. i. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied for residential use, nor have its slab or foundation modified or penetrated, 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. j. 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. k. 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 manmade points of groundwater access at AMI/ 19025-015-001 /25 Jan2023 5 the Brownfields Property, except those wells required by the DEQ Inactive Hazardous Sites Branch to be retained, which are source area wells MW-9, MW-10, MW-13, DMW-1, and perimeter wells MW-7, MW-8, MW-12, MW-15, and MP-2, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. 1. Except for the work related to subparagraph 12.1. 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. m. 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 Alamance 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. n. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 or in paragraph 3 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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable liquid storage containers totaling no more than 25 gallons. o. During January of each year after the year in which the Notice referenced below in paragraph 16 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 Alamance County, certifying that, as of said AMI/ 19025-015-001 /25Jan2023 6 January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Alamance 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; 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; and iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. 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 31.a. of Exhibit A hereto, at the address stated therein. ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. AMI/ 19025-015-001 /25Jan2023 7 FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act. IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this day of , 202_. In NORTH CAROLINA COUNTY Carolina Hosiery Mills Inc. Ernest A. Koury, Jr. President I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: Official Signature of Notary (Official Seal) Notary's printed or typed name, Notary Public My commission expires: AMI/ 19025-015-001 /25Jan2023 ************************************ 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 Bruce Nicholson, Chief Date Brownfields Redevelopment Section Division of Waste Management AMI/ 19025-015-001 /25Jan2023 9 EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Carolina Hosiery Mills Inc. UNDER THE AUTHORITY OF THE BROWNFIELDS PROPERTY REUSE ACT OF 1997, NCGS § 130A-310.30, et SeMc . Brownfields Project No. 19025-15-001 L INTRODUCTION BROWNFIELDS AGREEMENT re: American Media International 2609 Tucker Street & Hahn Road Burlington, Alamance County This Brownfields Agreement ("Agreement") is entered into by the North Carolina Department of Environmental Quality ("DEQ") and Carolina Hosiery Mills Inc. (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 2609 Tucker Street & Hahn Road, Burlington, Alamance County (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 Carolina Hosiery Mills Inc., a corporation with its principal office at 2316 Tucker Street, Burlington, NC 27215. Its President is Ernest A. Koury, Jr. 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 Carolina Hosiery Mills Inc. for contaminants at the Brownfields Property. The Parties agree that Carolina Hosiery Mills Inc.'s entry into this Agreement, and the AM1/19025-15-001 /25Jan2023 actions undertaken by Carolina Hosiery Mills Inc. in accordance with the Agreement, do not constitute an admission of any liability by Carolina Hosiery Mills Inc. for contaminants at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit Carolina Hosiery Mills Inc. 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 Carolina Hosiery Mills Inc. 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 tables 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(es) & Parcel 2609 Tucker Street (Parcel ID No. 122077) IDs Hahn Road Parcel ID No. 121701 Acreage 7.15 acres (Parcel ID No. 122077 and 10.78 acres (Parcel ID No. 121701, totaling about 17.93 acres. Current Property Owner Carolina Hosiery Mills Inc. The 2609 Tucker Street parcel is occupied by an approximately 144,000 square foot manufacturing building. Current Land Use(s) Most of the building is currently used as a warehouse for packaged hosiery products, but a portion of the building is leased to a truck driver school. The parking lot is used for 2 AMl/19025-15-001 /25Jan2023 BROWNFIELDS PROPERTY INFORMATION SUMMARY behind -the -wheel truck driver training. The Hahn Road parcel is an undeveloped vegetated lot, a portion of which was used for agricultural purposes. A drainage ditch is located near the rear parking lot. Site Vicinity Land Use(s) Mixed industrial, agricultural fields, and single family residential. Continued warehousing of yarn and finished hosiery goods, Proposed Reuse(s) office, truck driving school operations, associated parking, and subject to DEQ prior written approval, other commercial uses. Creation of approximately 20 construction jobs and 15 to 20 Public Benefits of Reuse permanent jobs with increased tax revenue for affected jurisdictions. Existing Land Use Restrictions Prior to None Brownfields Agreement ENVIRONMENTAL INFORMATION SUMMARY The industrial portion of the AMI site was first developed for manufacturing purposes by 1977. It was originally purchased by Heritage Casket Co. in 1970 and was used for casket manufacturing until 1992, when the owner began leasing the property to American Media International (AMI). AMI manufactured various types of media materials, i.e., cassette tapes, digital video discs, and compact discs, and included printing operations. By 1993, additional building construction had been undertaken as the building had been expanded to the southwest. Historical Operations & Contaminant Sources Chlorinated solvents, including tetrachloroethylene (PCE) and trichloroethylene (TCE) are known groundwater contaminants. Stained soils had been observed in and around an empty drum storage area and the former chemical storage building. The NC DEQ Inactive Hazardous Sites Branch (IHSB) caused the investigation of onsite soil and groundwater, and that of offsite soil vapors and groundwater in the residential neighborhood immediately north of the Brownfields Property along Hahn Road. Current Operations/Activities Carolina Hosiery Mills, Inc. operates the rear portion of the warehouse for the storage of yam and finished hosiery goods. AMI/ 19025-15-001 /25Jan2023 ENVIRONMENTAL INFORMATION SUMMARY They also lease the front of the warehouse to Trucking Trainer Inc., a truck driving school. Student drivers use the large rear paved lot for driving practice. The Hahn Road lot is vegetated but undeveloped. Soil: Impacted soil in the vicinity of the former chemical storage area was reportedly excavated and disposed of offsite; however, a remedial action report identifying the area of excavation is not readily available. Groundwater: Chlorinated solvents are in excess of NC 2L standards for 1, 1 -dichloroethene (1,1-DCE), cis-1,2- dichloroethylene (cis-1,2-DCE), 1,1,1,2-tetrachloroethane (1,1,1,2-TCA), tetrachloroethylene (PCE), 1,1,2- trichlorethane (1,1,2-TCA), trichloroethylene (TCE),and vinyl chloride. Concentrations in groundwater are in excess of the non-residential vapor intrusion screening level (VISL) for cis-1,2-DCE, PCE, 1,1,2-TCA, TCE; and vinyl chloride. Contaminated Media Exterior Soil Gas: Exterior soil gas samples were not collected at the Brownfields Property. Sub -slab Vapor: This type of sample was not collected at the Brownfields Property. Indoor Air: Indoor air samples were collected in 2016 and 2021 in the existing building. Carbon tetrachloride was detected in one indoor air sample and chloroform was detected in four samples above their respective non- residential VISLs. The chloroform concentrations are likely due to water line leakage. None of the chlorinated solvents detected in site groundwater were detected in indoor air samples. However, detections included ethanol and trichlorofluoromethane, which do not have established screening levels. ID Numbers/Permits NONCD0001259 Onsite Receptors Considered Construction workers, on -site workers, occupants, visitors, and trespassers. i. Water supply wells: Residential water supply wells were located in the residential area near the Brownfields Property, along Hahn Road, but reportedly these residences had been Potential Offsite Receptors connected to city water in 1993. Eleven of these water supply Considered wells were abandoned in 2001. One commercial water supply well, located upgradient at the Oakley Property, was sampled in 2012 and 2014 and found to contain PCE and TCE in excess of their respective NC 2L groundwater standards. AM1/19025-15-001 /25Jan2023 ENVIRONMENTAL INFORMATION SUMMARY ii. Residential structures, churches, or childcare centers: Several residences are located to the north of the AMI building. IHSB has conducted soil vapor sampling at certain of these residences along Hahn Road in 2014. Concentrations of PCE and TCE in soil vapor exceeded Residential VISLs at the time at only one residential property. iii. Surface water: The on -site drainage ditch was reportedly sampled once; however, contaminants were not detected. Offsite migration pathways have been addressed by IHSB by Potential offsite migration requiring alternative water to nearby residents and additional pathways soil gas sampling on private property if granted access by homeowners. 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 Author Date Impacted Soil Investigation, Trigon Engineering American Multimedia, Incorporated, Consultants, Inc. November 6, 1992 2609 Tucker Street Site Results of Soil Evaluation, Environmental Investigations, January 20, 1993 American Multimedia, Inc. Inc. Comprehensive Site Assessment, Environmental Investigations, American Media International, Ltd, Inc. November 1, 1999 2609 Tucker Street Extension Notice of Violation, 2609 Tucker NC Department of Street Extension, Incident Number Environmental & NaturalResources, February 7, 2000 11596 Division of Water Quality, Groundwater Section Corrective Action Plan, American Environmental Investigations, Media International LLC 2609 Inc. November 8 2000 ' Tucker Street Extension Corrective Action Plan (CAP) Environmental Investigations, Addendum, American Media Inc. March 19, 2001 International, LLC (AMI), 2609 5 AMl/19025-15-001 /25Jan2023 Title Author Date Tucker Street Ext. Well Abandonment Report, Environmental Investigations, American Media International, LLC July 16, 2001 offsite residential wells)Inc. Remediation Report, American Multimedia International, LLC Soil Solutions, Inc. October 10, 2001 (AMI), 2609 Tucker Street Extension Pre -CAP Monitoring Report, February 2003, American Media Environmental Investigations, March 14, 2003 International, LLC, 2609 Tucker Inc. Street Groundwater Monitoring Report, August 2004, American Media Environmental Investigations, September 14, 2004 International, LLC, 2609 Tucker Inc. Street CAP Addendum, American Media Solutions Industrial & International, LLC, 2609 Tucker Environmental Services, Inc. March 1, 2005 Street Extension CAP Addendum, AMI, 2609 Tucker Solutions Industrial & March 30, 2005 Street Extension Environmental Services, Inc. Letter Re: CAP Addendum, AMI, NC DENR Division of Water Limited Chlorinated Solvent Quality May 2, 2005 Investigation Semi -Annual Groundwater Monitoring Report — August 2005, Solutions-IES, Inc. October 14, 2005 American Media International, LLC Letter, Proposed Plan for Assessment and Remediation NC DWQ, Aquifer Protection January 20, 2006 Activities, AMI, Chlorinated Section Solvent Investigation Work Plan for Bedrock Assessment Activities, AMI, 2609 Tucker Street Solutions-IE, Inc. March 15, 2006 Extension Semi -Annual Groundwater Monitoring Report — February 2006, Solutions-IES, Inc. March 31, 2006 AMI, 2609 Tucker Street Extension Semi -Annual Groundwater Monitoring Report — March 2007, Solutions-IES, Inc. June 7, 2007 AMI, 2609 Tucker Street Extension Comprehensive Site Assessment Solutions-IES, Inc. July 20, 2007 Addendum Describing Additional AMI/ 19025-15-001 /25Jan2023 Title Author Date Bedrock Assessment at American Media International (AMI), LLC Notice of Regulatory Requirements for Contaminant Assessment and NCDENR, DWM April 7, 2008 Cleanup Memo, Site Cleanup Questionnaire AMI May 12, 2008 includes reports as attachments Groundwater Monitoring Report, American Media International, LLC, Trigon/Kleinfelder July 8, 2008 2609 Tucker Street Extension Site Assessment Plan, American Media International, LLC (includes Kleinfelder April 22, 2009 prior reports in appendices) Work Plan, American Media International, LLC, 2609 Tucker Kleinfelder October 1, 2009 Street Extension Request for Information, American Media International, AMI Site Kleinfelder March 10, 2011 Assessment Report, 2609 Tucker Street Extension Additional Investigation, American Media International, LLC, Kleinfelder Southeast, Inc. April 12, 2011 Monitoring Well Installation and Sampling Soil Vapor and Water Supply Well Sampling Report, AMI, Inc. Site S&ME May 19, 2014 offsite sampling) Phase I Environmental Site Audit Mineral Springs Report, Former American Environmental, P.C. March 4, 2015 Multimedia Site Indoor Air Quality and Groundwater Mineral Springs Sampling Workplan, Former Environmental, P.C. March 19, 2016 American Multimedia Site Indoor Air Quality and Groundwater Sampling Report, Former American Mineral Springs April 21, 2016 Multimedia Site, 2609 Tucker Street Environmental, P.C. Extension Indoor Air Analytical Results, Mineral Springs Former American Media Environmental, P.C. May 24, 2016 International Site (Recalculated) Private Well Survey Results (offsite) NC DEQ, DWM Inactive July 29, 2020 Hazardous Site Branch AMI/ 19025-15-001 /25Jan2023 Title Author Date Indoor Air Sampling and Receptor Mineral Springs Survey Report, Former American Environmental, P.C. March 8, 2022 Media International Site 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 March 4, 2015, and on June 30, 2015, Prospective Developer purchased the Brownfields Property from Burlington Property, LLC. 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 AM1/19025-15-001 /25Jan2023 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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000 at the time Prospective Developer and DEQ 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 such fees will suffice as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A- 310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities related to this Agreement, unless a change is sought to a Brownfields document after it is in effect, in which case there shall be an additional fee of at least $1,000. V. BENEFIT TO COMMUNITY 8. The redevelopment of the Brownfields Property proposed herein would provide the following public benefits: a. productive use of the Brownfields Property and elimination of the drawbacks of unoccupied property; b. a spur to additional community investment and redevelopment, through 0 AMl/19025-15-001 /25Jan2023 improved neighborhood appearance and otherwise; jobs; c. the creation of approximately 20 construction jobs and 15 to 20 permanent d. an increase in tax revenue for affected jurisdictions; e. "smart growth" through use of land in an already developed area, which avoids development of land beyond the urban fringe ("greenfields"). 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 Redevelopment Section 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 Redevelopment Section Assessment Work Plan Checklist; and d. the Brownfields Survey Plat Checklist. 10. In redeveloping the Brownfields Property, Prospective Developer shall make 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 10 AM1/19025-15-001/25Jan2023 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 Environmental Management Plan (EMP) as specified in subparagraph 12.d. below. VII. LAND USE RESTRICTIONS 12. By way of the Notice of Brownfields Property referenced below in paragraph 16, Prospective Developer shall impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted use standards. a. No use may be made of the Brownfields Property other than for warehousing of yarn and finished hosiery goods, office, truck driving school operations, associated parking, and subject to DEQ prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Warehousing" is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity. 11 AM1/19025-15-001/25Jan2023 services are provided. ii. "Office" is defined as a place where business or professional iii. "Truck driving school" is defined as an educational program designed to instruct drivers to obtain a commercial driver license. iv. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. v. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools for children without the prior written approval of DEQ. c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ. d. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including 12 AM1/19025-15-001/25Jan2023 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., 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. e. 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 13 AM1/19025-15-001/25Jan2023 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). f. 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 12.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 12.d. above, or a plan approved in writing in advance by DEQ. g. 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 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above -ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved 14 AM1/19025-15-001/25Jan2023 Environmental Management Plan (EMP) as outlined in subparagraph 12.d. h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d. i. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied for residential use, nor have its slab or foundation modified or penetrated, 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 15 AM1/19025-15-001/25Jan2023 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. j. 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. k. 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 manmade points of groundwater access at the Brownfields Property, except those wells required by the DEO Inactive Hazardous Sites Branch to be retained, which are source area wells MW-9, MW-10, MW-13, DMW-1, and perimeter wells MW-7, MW-8, MW-12, MW-15, and MP-2, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. 1. Except for the work related to subparagraph 12.1. above, the owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ- 16 AM1/19025-15-001/25Jan2023 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. in. 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 Alamance 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. n. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 or in paragraph 3 of this Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are 17 AM1/19025-15-001/25Jan2023 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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable liquid storage containers totaling no more than 25 gallons. o. During January of each year after the year in which the Notice referenced below in paragraph 16 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 Alamance County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Alamance 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; ii. the transferee's name, mailing address, telephone number, and contact In AMl/19025-15-001 /25Jan2023 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; and iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. 13. 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. 14. 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 15. In addition to providing access to the Brownfields Property pursuant to subparagraph 12.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees, representatives, and all other persons performing response actions under DEQ oversight, access at all reasonable times to other property controlled by Prospective Developer in connection with the performance or oversight of any response actions at the Brownfields Property under 19 AM1/19025-15-001/25Jan2023 applicable law. Such access is to occur after prior notice and using reasonable efforts to minimize interference with authorized uses of such other property except in response to emergencies and/or imminent threats to public health and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective Developer of the timing of any response actions to be undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement authorities related thereto, under the Act and any other applicable statute or regulation, including any amendments thereto. 16. 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 VI (Work to Be Performed) of this Agreement and a survey plat of the Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this Agreement, Prospective Developer shall file the Notice in the Alamance 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. 17. 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 20 AM1/19025-15-001/25Jan2023 Alamance County land records, Book , Page .99A 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 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. 18. 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 19. 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 21 AM1/19025-15-001/25Jan2023 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 3 La. below of any such required notification. X. CERTIFICATION 20. 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 March 4, 2015, by which it applied for this Agreement. That use is that which is provided in paragraph 12.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 21. 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 22 AM1/19025-15-001/25Jan2023 or direction of the Prospective Developer increase the risk of harm to public health or the environment, in which case Prospective Developer shall be liable for remediation of the areas of the Brownfields Property, remediation of which is required by this Agreement, to the extent necessary to eliminate such risk of harm to public health or the environment. c. A land use restriction set out in the Notice of Brownfields Property required under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields Property, in which case the Prospective Developer shall be responsible for remediation of the Brownfields Property to unrestricted use standards. d. The Prospective Developer knowingly or recklessly provided false information that formed a basis for this Agreement or knowingly or recklessly offers false information to demonstrate compliance with this Agreement or fails to disclose relevant information about contamination at the Brownfields Property. e. New information indicates the existence of previously unreported 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 23 AM1/19025-15-001/25Jan2023 unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure conditions, including (i) a change in land use that increases the probability of exposure to contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to mitigate risks to the extent required to make the Brownfields Property fully protective of public health and the environment as planned in this Agreement. g. DEQ obtains new information about a contaminant associated with the Brownfields Property or exposures at or around the Brownfields Property that raises the risk to public health or the environment associated with the Brownfields Property beyond an acceptable range and in a manner or to a degree not anticipated in this Agreement. h. The Prospective Developer fails to file a timely and proper Notice of Brownfields Property under NCGS § 130A-310.35. 22. Except as may be provided herein, DEQ reserves its rights against Prospective Developer as to liabilities beyond the scope of the Act. 23. This Agreement does not waive any applicable requirement to obtain a permit, license or certification, or to comply with any and all other applicable law, including the North Carolina Environmental Policy Act, NCGS § 113A-1, et SeMc . 24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and any statutory limitations in paragraphs 21 through 23 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. 24 AM1/19025-15-001/25Jan2023 XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE 25. 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 Agreement or the above -referenced Notice of Brownfields Property. XIII. PARTIES BOUND 26. 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 27. 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. 28. Except for the land use restrictions set forth in paragraph 12 above and NCGS § 130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same 25 AM1/19025-15-001/25Jan2023 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 29. The Prospective Developer agrees to retain and make available to DEQ all business and operating records, contracts, site studies and investigations, remediation reports, and documents generated by and/or in the control of the Prospective Developer, its affiliates or subsidiaries relating to storage, generation, use, disposal and management of regulated substances at the Brownfields Property, including without limitation all Material Safety Data Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement, unless otherwise agreed to in writing by the Parties. Said records may be retained electronically such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years, the Prospective Developer shall notify DEQ of the location of such documents and shall provide DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or inspect said documents, Prospective Developer shall provide DEQ with a log of documents withheld from DEQ, including a specific description of the document(s) and the alleged legal 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 30. If the Prospective Developer fails to comply with the terms of this Agreement, 26 AM1/19025-15-001/25Jan2023 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 31. 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 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 Redevelopment Section Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer: Ernest A. Koury, Jr., President (or successor in function) Carolina Hosiery Mills Inc. 2316 Tucker Street Burlington, NC 27215 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. XVIIL EFFECTIVE DATE 32. 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 27 AM1/19025-15-001/25Jan2023 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. XIX. TERMINATION OF CERTAIN PROVISIONS 33. 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 34. 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. 35. 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. 36. The Prospective Developer also agrees that, with respect to any suit or claim for AM1/19025-15-001 /25Jan2023 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 37. This Agreement shall be subject to a public comment period of at least 30 days starting the day after the last of the following public notice tasks occurs: publication of the approved summary of the Notice of Intent to Redevelop a Brownfields Property required by NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the Brownfields Property is located; conspicuous posting of a copy of said summary at the Brownfields Property; and mailing or delivery of a copy of the summary to each owner of property contiguous to the Brownfields Property. After expiration of that period, or following a public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or withdraw its consent to this Agreement if comments received disclose facts or considerations which indicate that this Agreement is inappropriate, improper or inadequate. IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: Bruce Nicholson, Chief Date Brownfields Redevelopment Section Division of Waste Management IT IS SO AGREED: Carolina Hosiery Mills Inc. By: Ernest A. Koury, Jr. President 29 Date AM1/19025-15-001/25Jan2023 EXHIBIT 1 TOPO1 map printed on 02/19/15 from "Untitled tpo" 79°28,000' W 79°27,000' W WGS84 79°26 000' W .. � Q:. 1� �'., ���. � is � � I' J • �~ � _ t�✓� �. �--• .,, a + � 'mod •� i" f ~ 6! �k u • '�� 4 I f is ,V ij 4 � �pPo� r�� Lr. . ' �. �__� IDG; .f r1 G50"'1: j'v. �T , a r O.a •w .J� - O O r �_.���.. � , �,1` '-�,% J1 0 __. �.. "�i R "ter-_. • Yr' I� +Ir I� S • i Y` 1.}4,/� J •��' � r � ,���/ / ` �/ 1, I r :�J��f ' �'%/{' r+�, � 4 - PI�, ., \ 6 �� `�� 'Nee � �•. ' �� + J 1' 1` r Yl 79o28,000' W 79°27,000' W WGS84 79°26 000' W MN TN 0 5 1 MILE go �000 FffT 0 Stb iqp METHS Map created with TOPO1@ @2003 National Geographic (wwwmtio*ographic.comltopo) Date: February 2015 TOPOGRAPHIC SITE MAP I N E ML Job No.: MSE 849 FORMER AMI SITE 2609 TUCKER STREET PRI NGS File: 849/Drawing 1 BURLINGTON, NORTH CAROLINA environmental, p.[. By: KP DRAWING NO. 1 Exhibit 2 Brownfields Project Name: AMI Brownfields Project Number: 19025-15-001 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on October 31, 2021. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the maximum and in some cases, the most recent concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2013 version): Groundwater Contaminant Sample Location Date of Sampling Maximum Concentration Exceeding Standard /L Date of Most Recent Sampling Most Recent Concentration (µg/L) Standard (µg/L) 1, 1 -Dichloroethene DMW-1 6/11/2008' 13.7 6/11/2008 13.7 7 MW-4 6/10/2008 7.7 6/10/2008 7.7 Cis-1,2-Dichloroethene DMW-1/Du 3/13/2007 900/960 6/11/2008 672 70 MP-1 #1 6/11/2008 236 6/11/2008 236 MP-1 #2 6/11/2008 83.7 6/11/2008 83.7 MP-1 #3 6/11/2008 88 6/11/2008 88 MP-1-4 Center 3/15/2007 5 3/15/2007 5 MP-2 #1 6/10/2008 360 6/10/2008 360 MP-2 #2 6/10/2008 221 6/10/2008 221 MP-2 #3 3/14/2007 200 6/10/2008 27.7 MW-1 3/14/2000 3,500 4/1/2016 730 MW-3 2/15/2005 210 6/11/2008 41.4 MW-4 3/14/2000 2,100 6/10/2008 1,150 MW-10 7/26/1999 1,200 4/1/2016 270 MW-11 3/13/2007 140 6/10/2008 124 MW-13 2/15/2005 760 4/1/2016 650 MW-14 9/24/2003 450 6/10/2008 353 1,1,1,2- Tetrachloroethane MP-2 #1 6/10/2008 1 6/10/2008 1 1 MW-3 3/14/2007 5.8 6/11/2008 BQL MW-9 6/10/2008 1.8 6/10/2008 1.8 MW-13 6/10/2008 15.5 6/10/2008 15.5 American Media International/19025-15-001/25Jan2023 Groundwater Contaminant Sample Location Date of Sampling Maximum Concentration Exceeding Standard /L) Date of Most Recent Sampling Most Recent Concentration (µg/L) Standard (µg/L) Tetrachloroethylene DMW-1 8/19/2004 27,100 6/11/2008 21,600/17,800 0.7 MP-1 #1 6/11/2008 4,620 6/11/2008 4,620 MP-1 #2 6/11/2008 309 6/11/2008 309 MP-1 #3 3/15/2007 140 6/11/2008 41 MP-1-4 center 3/15/2007 42 3/15/2007 42 MP-2 #1 6/10/2008 2,610 6/10/2008 2,610 MP-2 #2 6/10/2008 1,310 6/10/2008 1,310 MP-2 #3 3/14/2007 1,400 6/10/2008 48.4 MP-2-4 3/14/2007 270 3/14/2007 270 MP-2-5 3/14/2007 28 3/14/2007 28 MP-2 CP 6/10/2008 61.6 6/10/2008 61.6 MP-3 #2 6/12/2008 1 6/12/2008 1 MP-4S 11/17/2009 17 11/17/2009 17 MP-4IS 11/17/2009 9.6 11/17/2009 9.6 MP-4ID/Du 11/17/2009 13/19 11/17/2009 13/19 MP-4D 11/17/2009 3.1 11/17/2009 3.1 MW-1 4/1/2016 190 4/1/2016 190 MW-2 3/13/2007 960 6/11/2008 906 MW-3 7/14/1999 37,000 6/11/2008 1,610 MW-4 6/10/2008 414 6/10/2008 414 MW-5 7/26/1999 0.8 6/11/2008 BQL MW-6 2/14/2006 2.4 6/11/2008 BQL MW-7 3/14/2007 0.94 4/1/2016 <1.0 MW-8 7/26/1999 190 4/1/2016 16 MW-9 4/1/2016 4,100 4/1/2016 4,100 MW-10 3/15/2000 30,000 4/1/2016 4,900 MW-11 3/15/2000 56,000 6/10/2008 2,480 MW-12 8/19/2004 8 6/11/2008 1.5 MW-13 8/19/2004 41,800 4/1/2016 21,000 MW-14 2/6/2003 1,100 6/10/2008 426E MW-15 9/24/2003 5 6/11/2008 1.1 MW-16 6/11/2008 308 6/11/2008 308 MW-17 11/13/2009 9.5 11/13/2009 9.5 1,1,2-Trichloroethane DMW-1 6/11/2008 26.3 6/11/2008 26.3 0.6 MP-1 #1 6/11/2008 2.8 6/11/2008 2.8 MP-2 #1 6/10/2008 1.6 6/10/2008 1.6 MP-2 #2 6/10/2008 1.2 6/10/2008 1.2 1,1,2-Trichloroethane MW-3 3/14/2007 1.9 6/11/2008 BQL 0.6 American Media International/19025-15-001/25Jan2023 Groundwater Contaminant Sample Location Date of Sampling Maximum Concentration Exceeding Standard /L Date of Most Recent Sampling Most Recent Concentration (µg/L) Standard (µg/L) MW-13 6/10/2008 2.1 6/10/2008 2.1 Trichloroethylene AS-1 3/15/2000 3,200 3/15/2000 3,200 3 DMW-1 3/13/2007 34,000/26,000 6/11/2008 20,500 MP-1 #1 6/11/2008 5,120 6/11/2008 5,120 MP-1 #2 6/11/2008 491 6/11/2008 491 MP-1 #3 3/15/2007 230 6/11/2008 106 MP-1-4 Center 3/15/2007 69 3/15/2007 69 MP-1 CP 6/11/2008 5.1 6/11/2008 5.1 MP-2 #1 6/10/2008 3,260 6/10/2008 3,260 MP-2 #2 6/10/2008 1,900 6/10/2008 1,900 MP-2 #3 3/14/2007 2,100 6/10/2008 132 MP-2-4 3/14/2007 400 3/14/2007 400 MP-2-5 Center 3/14/2007 36 3/14/2007 36 MP-2 CP 6/10/2008 115 6/10/2008 115 MP-4S 11/17/2009 17 11/17/2009 17 MP-4IS 11/17/2009 16 11/17/2009 16 MP-4ID/Du 11/17/2009 18/19 11/17/2009 18/19 MP-41) 11/17/2009 8.9 11/17/2009 8.9 MW-1 3/14/2000 7,200 4/1/2016 860 MW-2 3/13/2007 310 6/11/2008 296 MW-3 1/26/2005 5,900 6/11/2008 144 MW-4 3/14/2000 2,500 6/10/2008 1,120 MW-8 2/6/2003 26 4/1/2016 3.6 MW-9 6/10/2008 412 4/1/2016 260 MW-10 6/10/2008 16,000 4/1/2016 2,100 MW-11 3/15/2000 19,000 6/10/2008 1,000 MW-12 2/6/2003 15 6/12/2008 5 MW-13 8/19/2004 3,680 4/1/2016 660 MW-14 2/6/2003 1,400 6/10/2008 437E MW-16 6/11/2008 85.7 6/11/2008 85.7 MW-17 11/13/2009 23 11/13/2009 23 Vinyl Chloride DMW-1 6/11/2008 5.2 6/11/2008 5.2 0.03 MP-1 #1 6/11/2008 1.9 6/11/2008 1.9 MP-2 #1 6/10/2008 3.4 6/10/2008 3.4 MP-2 #2 6/10/2008 2.7 6/10/2008 2.7 Vinyl Chloride MW-1 3/16/2007 670 4/1/2016 180 0.3 MW-3 3/14/2007 0.52 6/11/2008 BQL American Media International/19025-15-001/25Jan2023 Maximum Date of Most Recent Groundwater Sample Date of Concentration Most Concentration Standard Contaminant Location Sampling Exceeding Recent (µg/L) (µg/L) Standard g/L) Sampling MW-4 3/14/2000 850 6/10/2008 463 MW-13 6/10/2008 1.7 6/10/2008 1.7 MW-14 3/13/2007 1.3 6/10/2008 BQL Laboratory reporting limits were significantly elevated over certain NC 2L groundwater standards for certain wells in the data reported in 1999 and in 2016; dilution factors in 2016 ranged from 20 to 500. Therefore, concentrations of other constituents may have been diluted out of those samples during laboratory processing. 'Laboratory analytical data reports were not available for data collected in 2008; the BQL level cannot be established with readily available documentation. E — analyte concentration exceeded the calibration range; the result is estimated. BQL — Below Laboratory Quantitation Limit American Media International/19025-15-001/25Jan2023 4 GROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants in the most recent groundwater samples with the potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are provided in the Division of Waste Management Risk Calculator, Non -Residential Vapor Intrusion Screening Levels (VISL) (January 2022 version): Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Most Recent Sampling Most Recent Concentration (µg/L) Non - Residential VI Screening Level /I Cis-1,2-Dichloroethene DMW-I/Du 6/11/2008 672 MP-1 #1 6/11/2008 236 MP -I #2 6/11/2008 83.7 MP-1 #3 6/11/2008 88 MP-1-4 Center 3/15/2007 5 MP-2 #1 6/10/2008 360 MP-2 #2 6/10/2008 221NS MP-2 #3 6/10/2008 27.7 MW-1 4/1/2016 730 MW-3 6/11/2008 41.4 MW-4 6/10/2008 1,150 MW-10 4/1/2016 270 MW-11 6/10/2008 124 MW-13 4/1/2016 650 MW-14 6/10/2008 353 Tetrachloroethylene DMW-1 6/11/2008 21,600/17,800 48 MP-1 #1 6/11/2008 4,620 MP -I #2 6/11/2008 309 MP-2 #1 6/10/2008 2,610 MP-2 #2 6/10/2008 1,310 MP-2 #3 6/10/2008 48.4 MP-2-4 3/14/2007 270 MP-2 CP 6/10/2008 61.6 MW-1 4/1/2016 190 MW-2 6/11/2008 906 MW-3 6/11/2008 1,610 MW-4 6/10/2008 414 MW-9 4/1/2016 4,100 MW-10 4/1/2016 4,900 American Media International/19025-15-001/25Jan2023 Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Most Recent Sampling Most Recent Concentration (µg/L) Non - Residential VI Screening Level /L Tetrachloroethylene MW-11 6/10/2008 2,480 48 MW-13 4/1/2016 21,000 MW-14 6/10/2008 426E MW-16 6/11/2008 308 1,1,2-Trichloroethane DMW-1 6/11/2008 26.3 5.2 Trichloroethylene AS-1 3/15/2000 3,200 4.4 DMW-1 6/11/2008 20,500 MP-1 #1 6/11/2008 5,120 MP-1 #2 6/11/2008 491 MP-1 #3 6/11/2008 106 MP-1-4 Center 3/15/2007 69 MP-1 CP 6/11/2008 5.1 MP-2 #1 6/10/2008 3,260 MP-2 #2 6/10/2008 1,900 MP-2 #3 6/10/2008 132 MP-2-4 3/14/2007 400 MP-2-5 Center 3/14/2007 36 MP-2 CP 6/10/2008 115 MP-4S 11/17/2009 17 MP-41S 11/17/2009 16 MP-41D/Du 11/17/2009 18/19 MP-41) 11/17/2009 8.9 MW-1 4/1/2016 860 MW-2 6/11/2008 296 MW-3 6/11/2008 144 MW-4 6/10/2008 1,120 MW-9 4/1/2016 260 MW-10 4/1/2016 2,100 MW-11 6/10/2008 1,000 MW-12 6/12/2008 5 MW-13 4/1/2016 660 MW-14 6/10/2008 437E MW-16 6/11/2008 85.7 MW-17 11/13/2009 23 Vinyl Chloride DMW-1 6/11/2008 5.2 2.5 Vinyl Chloride MP-2 #1 6/10/2008 3.4 2.5 American Media International/19025-15-001/25Jan2023 Non - Groundwater Date of Most Recent Residential Contaminant with Sample Most Concentration VI Screening Potential for Vapor Location Recent (ltg/L) Level Intrusion Sampling /L MP-2 #2 6/10/2008 2.7 MW-1 4/ 1 /2016 180 MW-4 6/10/2008 463 1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2 NS — Screening level not established. American Media International/19025-15-001/25Jan2023 SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2022 version): Concentration Soil Sample Date of Exceeding Industrial Contaminant Location Depth (ft) Sampling Screening Screening Level Level (mg/kg) (mg/kg) Tetrachloroeth lene GP-10 12-13 6/14/1999 460 82 Trichloroeth lene GP-10 12-13 6/14/1999 39 4 Vinyl Chloride GP-3 0-2 6/10/1999 3.7 1.7 'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2The available soil remedial action report does not indicate the area from which onsite impacted soil was excavated, treated, and disposed of offsite. Soil represented by soil borings GP-3 and GP-10 above may have been included in this remedial area and if so, may no longer be present at the Brownfields Property. American Media International/19025-15-001/25Jan2023 INDOOR AIR Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2022 version): Indoor Air Contaminant Sample Location Date of Sampling p g Concentration g ScreeningScreening Level (µg/m3) Non - Residential Level' (vLg/m Carbon tetrachloride IA2-7D 10/31/2021 4.9 2.0 Chloroform IA-8 4/1/2016 1.6J 0.53 IA-10 4/1/2016 1.6J IA2-10 10/31/2021 1.8 IA2-IOD 10/31/2021 1.8 Ethanol IA2-1 10/31/2021 6.0 NS IA2-2 10/31/2021 5.7 IA2-2D 10/31/2021 6.3 IA2-3 10/31/2021 4.5 IA24 10/31/2021 7.2 IA2-5 10/31/2021 5.1 IA2-6 10/31/2021 3.6 IA2-7 10/31/2021 11 IA2-7D 10/31/2021 7.4 IA2-8 10/31/2021 6.4 IA2-9 10/31/2021 4.3 IA2-10 10/31/2021 190E IA2-IOD 10/31/2021 180E IA2-11 10/31/2021 100 Trichlorofluoromethane IA-1 4/1/2016 1.4J NS IA-2 4/1/2016 1.3J IA2- I 10/31/2021 1.0 IA2-2 10/31/2021 1.2 IA2-2D 10/31/2021 1.3 IA2-3 10/31/2021 1.2 IA24 10/31/2021 1.1 IA2-5 10/31/2021 1.3 IA2-6 10/31/2021 1.3 IA2-7 10/31/2021 1.2 IA2-7D 10/31/2021 1.2 IA2-8 10/31/2021 1.2 American Media International/19025-15-001/25Jan2023 Concentration Air Contaminant Sample Date of Exceeding g Residential Location Sampling Screening Screening Level Level (µg/m3) (Itg/m) IA2-9 10/31/2021 1.3 IA2-10 10/31/2021 1.2 Trichlorofluoromethane NS IA2-IOD 10/31/2021 1.2 IA2-11 10/31/2021 1.2 'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. J — value is estimated above the method detection limit but below the laboratory reporting limit. NS — No screening level established E — Value exceeds instrument calibration range American Media International/19025-15-001/25Jan2023 10 / Parcel: 122708 Jey��a 5 \ SURVEYOR'S CERTIFICATION nnifer Louise Brown D.B. 3606, Pg. 542 \� �` / Notes: I, Randall K. Page, certify that this plat was drawn Q�o�a `A Q / \ 1) The areas and types of contamination depicted hereon are approximations under my supervision from an actual survey made Final Drawing \ o�� �`� o�� derived from the best available information at the time of filing. A listing of the under my supervision (deed description recorded in `/ J�` �o p• / technical reports used to prepare this plat are available in the Brownfields Agreement Book 3446, Page 844,); that the boundaries not \' O' surveyed are clearly indicated as drawn from adjoiner For Review Purposes Only / \ for this property. information referenced hereon; that the ratio of / 0 2) - No visual evidence of AS-1, possibly paved over. Approximate location of AS-1 plotted precision as calculated is 1:10,000; that this plat EIP \ \O ayo \ per map entitled "Groundwater Sample Results Map, AMI,LLC" dated 8/3/99 and revised 7/10/00, was prepared in accordance with G.S. 47-30 as i �7 / ��A Qo b Enviromental Investigations, Inc. amended; that the survey is of an existing parcel or / / eI y g parcels of land and does not create a new street or \� change an existing street; EIP SAS Q4, eR Q11 / Witness my original signature, registration number Parcel: 121704 ' / , / 0 S9 \ �o / JS���a T Flood Information: and seal this 1st day of December, A.D.,2022. CJ Danny Property LLC � / / O\ ar / Parcel: 121701- Flood Zone: (Zone X) Minimal Flood Risk D.B. 4335, Pg. 686 / �� �99 �°�a���a Parcel: 122077 Flood Zone: (Zone X) Minimal Flood Risk -------------------------------- y^o 6 e\• �o �o �Oo From FIRM Panel 8864, CID: 370002, Map number: 3710886400K, Professional Land Surveyor L-4566 / I-P / Q�t°�o0 Q,.Q�. / y Panel Effective Date: 11/17/2017: / �TF �a�e\`�� 00 JG Qa Parcel:121705 J O o r \ �� O / 1 EIPeh Candy K. Hopkins 1„EIP \ \�a� O� e\.tip N CA /� /i� Final Map D.B. 3934, Pg. 153 ES S/ O�� �i Property Of 1�j O,� 'L ;_ A. A. Hahn F, SEAL r P.B. 30, PG. 78 �1 4 r L-4566 _ �1 /v �� d Qa� �Q 'o^fie / \ �� OR, `O • . SUR`i - (3 off^ �'' Parcel: 121702 \ / �e���� °� FInn1,. o\ O, Line Table L L K e `\ /k.Carolina Hosiery Mills, . EIP \or oI0 \ / / /yyllll I I I \ ` Q D.B. 3711, Pg. 561 l�, 41 G�� Oo Con. Mon. Line Bearing Distance L1 S 42°28'33" E 60.16' L2 S 42°44'30" E 59.67' L3 N 42°26' 19" W 100.23' 11 con. S 42°45' 16" E / 1" EIP �p�`tO Mon 90.84' �� Parcel: 121703 Con . Emma L. Brown 5Q Parcel: 122083 FKLM Parcel: an \ Bent i / Mon. D.B. 246, Pg. 167 �0061 P PP D.B. 709 PG. 631 \ EIP 1" Solid d Carolina Hosiery Mills, Inc. \ EIP D.B. 4091, Pg. 512 tK N 42°39'56" W > SR 999 ti T ®°^ 9 27.93' Rock ��j, �� MP-2 A q der \ O Mon 10.79 Acres ± MW--7 #1,k2,k3,-4, ar�ar �`S �s a��q \ -5 (Center), CP A � Asphalt s 9\ Tractt 2 2 � Metal IA2-7/ \\ Parcel ID: 121701 '�9 Wall IA2-7D '9.p014 0 J /�'v MW-8 �erar 38O \�% \ A Garr � • 9 / / / G MP-3 Nail IA2-8 AZ \ � Vicinity Map Property Information: Parcel: 121701 Owner: Carolina Hosiery Mills, Inc. Site Address: Vacant Parcel on Hahn Rd, Burlington, N.C. 27215 Deed Reference: D.B. 3446, Pg. 844 Plat Reference: P.B. 30, Pg. 78 Parcel: 122077 Owner: Carolina Hosiery Mills, Inc. Site Address: 2609 Tucker St., Burlington, N.C. 27215 Deed Reference: D.B. 3446, Pg. 844 / \ #2 (a Pye O -arai Parcel: 122079 Asphalt MW_,q con. cO? a �� IA 1 A ap � Carolina Hosiery Mills, Inc. Mw-6 ® D.B. 2453, Pg. 671 O 0 m` / Gravel M ® Oo? /Yai oY / / a° 1" EIP / \ r ti qSA IA2-5 \ 0, R MP -I GP-3 Con. S7 -4 (Center), CP MW I�GP-10 M W-I / Q A /' 2ya,`" 0 ! Parcel: 121700 A \ ��� �'' DMw-1 B7a �roo° IAz-lonoD o�� o Holt Property Group, LLC \ \ °oo c, M�110 ® MW 4� 6a ` IA2-5 \ �� IA2-I1 l PP D.B. 4057 P . 358 \ _6\ �As-I ® 9 �\ °`5 �I, V g b / Final Drawing See note-2 `\ \ ! \ Mw- MW-3 MW-13 \ / IA2-9 CO ���IA2.4 1" Pinch .� For Review Purposes Only /"LJ Commercial Building ! EIP O \ Asphalt \ IA-2 Brick, Stucco, & Aluminum Siding r� V A MW-15 ® MW-9Q) 1i "I7_�IA2-3 6 TA2-2D ° c � >� ® ° SHEET 1 of 2 IA-8 \ Q� of the Legend: \\ Q ® MW-12� °71 to ��� ��.�-EXHIBIT B- O MW_5 A IA-`° / LinetVpes: Asphalt ��� to the Notice of Brownfields Property ® P Abbreviations: P ® � � \ A:) Brownfields Property Line R/W Right of Way �\ \ Con. A v — — — — Adjoiner's Property Line S/W Sidewalk U ! A -SURVEY PLAT — Road Right of Way Line o C? � IP ® O / Parcel: 122079 Overhead Utility Line Con. Concrete _ N y g _ S\ A S pc0 Prospective Developer and Current Owner. Bldg. Building g — — — AT&T Right of Way Line o 83, Carolina Hosiery Mills, Inc. p p — — — — Duke Power Right ofWay Line PP Power Pole o �1"EIP \ _ \ A Sanitary Sewer Right of Way Line D.B. 2453, Pg. 671 Carolina Hosiery Mills, Inc. — — — � / Gr— Edge of Gravel qS Asphalt qs 3y —Asp— Edge of Asphalt \ �p p ® e Tax Parcel: 122077 —C/G— Curb &Gutter _ \ MW-17 MP 4 \ _ _ PP / �/ S,IS,1D/Dnp,D asp — v _ I UR stry �r��e Site Address: 2609 Tucker Street, Burlington, N.C. 27215 Symbols: Monitoring Symbols: 8g°4�2� W 363sa \ \ _ — �s• 8t eExistingIron Pie � Water Meter Monitoring Well ` 479. \ 1 > 4) New Iron Pipe p Wv g 7.02 Acres ± _ 36. Tax Parcel: 121701 Water Valve * Point � -Indoor Air - Calculated TraC l I � \ � \ ® Catch Basin Vapor Intrusion Monitoring Station _ Vacant Tract, Hahn Road, Burlington, N.C. 27215 Sampling Date: 10/31/2021 1" EIP O �PKNaiI Floodlight Parcel ID: 122077 PP c _ Brownfields Project Name: AMI A Rock 1 -Indoor Air- _ Fire Hydrant Vapor Intrusion Monitoring Station ® Concrete Monument ❑A Air Conditioner Sampling Date: 4/1/2016 / �NC�GS��CCLONEL" N:840,882.88 Brownfields Project Number: 19025-15-001 T Transformer © Soil Boring Sites E: 1,867,588.16 Light Pole O/ NAD83(2011) Burlington Township, Alamance County, North Carolina ® Bollard O co Clean Out State of North Carolina PP ® NCGS Monument Gas Meter/Valve county of Alamance / Randall K. Page L-4566 Alamance county, certify that theRmaipworr platrtof � � � 2'IgSP$ Firm License Number C — 664 Parcel: 121699 50 which this certification is affixed meets all statutory E Flexcell Holding Corporation, LLC. too o I too requirements for recording. O S Fi GRAPHIC SCALE ( D.B. 3362, Pg. 75 IN FEET) N ___________________________ co BOSWELL SURVEYORS, INC. Date: 11 /1 1 /2022 Review Officer 505 East Davis Street Burlington, NC 27215 Scale: 1 "= 100' NCGS"HARLAND" Date 336.227.8723 (phone) N:839,724.35 � Gj Drawn By: RKP Nn�e504 .49 U� V EMI O� 336.222.9917(fax) boswellsurveyors.com Job No.: 22-248-800 CONTAMINANT & SAMPLING INFORMATION TABLES LAND USE RESTRICTIONS NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields Property that are necessary or useful to maintain the level of protection appropiate for the designated current or fixture use of the property and that are designated in a Brownfields Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Alamance County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subjectproperty,which is attached as Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice and a legal description for the subjectproperty,which is attached J Y P gJ as Exhibit C to the Notice. The land use 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 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e): a. No use may be made of the Brownfields Property other than for warehousing of yarn and finished hosiery goods, office, truck driving school operations, associated parking, and subject to DEQ prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Warehousing " is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity. ii. "Office" is defined as a place where business or professional services are provided. iii. "Truck driving school" is defined as an educational program designed to instuct drivers to obtain a commercial driver license. iv. "Parking" is defined as the temporary accomodation of motor vehicles in an area designed for the same. v. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools for children without the prior written approval of DEQ. c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ. d. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. 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., 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. e. 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). f. 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 12.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 12.d. above, or plan approved in writing in advance by DEQ. g. 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 subparagh 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii, mowing or pruning of above -ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d. h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d. i. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied for residential use, nor have its slab or foundation modified or penetrated, 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. j. 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. k. 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 manmade points of groundwater access at the Brownfields Property, except those wells required by the DEQ Inactive Hazardous Sites Branch to be retained, which are source area wells MW-9, MW-10, MW-13, DMW-1, and perimeter wells MW-7, MW-8, MW-12, MW-15, and MP-2, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. 1. Except for the work related to subparagraph 12.1 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 the DEQ in advance. in. 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 Alamance 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. n. None of the contaminants known to be resent in the environmental media at the Brownfields Property,as described in Exhibit 2 or inparagraph 3 of this Agreement, and as modified b P g � Y 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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable liquid storage containers totaling no more than 25 gallons. o. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Alamance County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Alamance 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; 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 partof the Brownfields Property during the previous calendar year; and iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. Exhibit 2 Brownfields Project Name: AMI Brownfields Project Number: 19025-15-001 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on October 31, 2021. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the maximum and in some cases, the most recent concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2013 version): Maximum Date of Most Recent Groundwater Sample Date of Concentration Most Concentration Standard Contaminant Location Sampling Exceeding Recent (µg/L) (µg/L) Standard (µ ) Sampling DMW-1 6/11/2008 13.7 6/11/2008 13.7 1,1-Dichloroethene , 7 DMW-1/Du 3/13/2007 900/960 6/11/2008 672 MP-1 #1 6/11/2008 236 6/11/2008 236 MP-1 #2 6/11/2008 83.7 6/11/2008 83.7 MP-1 #3 6/11/2008 88 6/11/2008 88 MP-1-4 (Center) 3/15/2007 5 3/I5/2007 5 MP-2#1 6/10/2008 360 6/10/2008 360 MP- 2#2 6/10/2008 221 6/10/2008 221 Cis-1,2-Dichloroethene 3/14/2007 200 6/10/2008 27.7 W#3 -1 3/14/2000 3.500 4/1/2016 730 70 MW-4 3/14/2000 2,100 6/10/2008 1 1,150 MW-10 7/26/1999 1,200 4/1/2016 270 MW-11 3/13/2007 140 6/10/2008 124 MW-13 2/15/2005 760 4/1/2016 650 MW-14 9/24/2003 450 6/10/2008 353 1,1,1,2- Tetrachloroethane MP-2 #1 6/ 10/2008 1 6/ 10/2008 1 1 MW-3 3/14/2007 5.8 6/11/2008 BQL MW-9 6/10/2008 1.8 6/10/2008 1.8 MW-13 6/10/2008 15.5 6/10/2008 15.5 Tetrachloroethylene DMW-1 8/19/2004 27,100 6/11/2008 21,600/17,800 0.7 Groundwater Contaminant Sample Location Date of Sampling Maximum Concentration Exceeding Standard ( ) Date of Most Recent Sampling Most Recent Concentration (µg/L) Standard (µg/L) MP-1 #1 6/11/2008 4,620 6/11/2008 4,620 MP-1 #2 6/11/2008 309 6/11/2008 309 MP-1 #3 3/15/2007 140 6/11/2008 41 MP-14 (center) 3/15/2007 42 3/15/2007 42 MP-2 #1 6/10/2008 2,610 6/10/2008 2,610 MP-2 #2 6/10/2008 1,310 6/10/2008 1,310 MP-2 #3 3/14/2007 1,400 6/10/2008 48.4 MP-24 3/14/2007 270 3/14/2007 270 MP-2-5 3/14/2007 28 3/14/2007 28 MP-2 CP 6/10/2008 61.6 6/10/2008 61.6 MP-3 #2 1 6/12/2008 I 6/12/2008 1 1 MP-4S 11/17/2009 17 11/17/2009 17 MP-41S 11/17/2009 9.6 11/17/2009 9.6 MP-41D/Du 11/17/2009 13/19 11/17/2009 13/19 MP-4D 11/17/2009 3.1 11/17/2009 3.1 MW-1 4/l/2016 190 4/l/2016 190 MW-2 3/13/2007 960 6/11/2008 906 MW-3 7/14/1999 37,000 6/11/2008 1,610 MW-4 6/10/2008 414 6/10/2008 414 MW-5 7/26/1999 0.8 6/11/2008 BQL MW-6 2/14/2006 2.4 6/11/2008 BQL MW-7 3/14/2007 0.94 4/l/2016 <1.0 MW-8 7/26/1999 190 4/l/2016 16 MW-9 4/l/2016 4,100 4/l/2016 4,100 MW-10 3/15/2000 30,000 4/l/2016 4,900 MW-11 3/15/2000 56,000 6/10/2008 2,480 MW-12 8/19/2004 8 6/11/2008 1.5 MW-13 8/19/2004 41,800 4/l/2016 21,000 MW-14 2/6/2003 1,100 6/10/2008 426E MW-15 9/24/2003 5 6/11/2008 1.1 MW-16 6/11/2008 308 6/11/2008 308 MW-17 11/13/2009 9.5 11/13/2009 9.5 1,1,2-Trichloroethane DMW-1 6/11/2008 26.3 6/11/2008 26.3 0.6 MP-1 #1 6/11/2008 2.8 6/11/2008 2.8 MP-2#1 6/10/2008 1.6 6/10/2008 1.6 MP-2 #2 6/10/2008 1.2 6/10/2008 1.2 1,1,2-Trichloroethane MW-3 3/14/2007 1.9 6/11/2008 BQL 0.6 MW-13 6/10/2008 2.1 6/10/2008 2.1 Groundwater Contaminant Sample Location Date of Sampling Maximum Concentration Exceeding Standard (µ ) Date of Most Recent Sampling Most Recent Concentration (µg/L) Standard (µg/L) Trichloroethylene AS-1 3/15/2000 3,200 3/15/2000 3,200 3 DMW-1 3/13/2007 34,000/26,000 6/11/2008 20,500 MP-1 #1 6/11/2008 5,120 6/11/2008 5,120 MP-1 #2 6/11/2008 491 6/11/2008 491 MP-1 #3 3/15/2007 230 6/11/2008 106 1-4 (Center) 3/15/2007 69 3/15/2007 69 MP-1 CP 6/11/2008 5.1 6/11/2008 5.1 MP-2 #1 6/10/2008 3,260 6/10/2008 3,260 MP-2 #2 6/10/2008 1,900 6110/2008 1,900 MP-2 #3 3/14/2007 2,100 6/10/2008 132 MP-2-4 3/14/2007 400 3/14/2007 400 MP-2-5 (Center) 3/14/2007 36 3/14/2007 36 MP-2 CP 6/10/2008 115 6/10/2008 115 MP-4S 11/17/2009 17 11/17/2009 17 MP-4IS 11/17/2009 16 11/17/2009 16 MP-411D/Du 11/17/2009 18/19 11/17/2009 18/19 MP-4D 11/17/2009 8.9 11/17/2009 8.9 MW-1 3/14/2000 7,200 4/1/2016 860 MW-2 3/13/2007 310 6/11/2008 296 MW-3 1/26/2005 5,900 6/11/2008 144 MW-4 3/14/2000 2,500 6/10/2008 1,120 MW-8 2/6/2003 26 4/l/2016 3.6 MW-9 6/10/2008 412 4/l/2016 260 MW-10 6/10/2008 16,000 4/l/2016 2,100 MW-11 3/15/2000 19,000 6/10/2008 1,000 MW-12 2/6/2003 15 6/12/2008 5 MW-13 8/19/2004 3,680 4/l/2016 660 MW-14 2/6/2003 1,400 6/10/2008 437E MW-16 6/11/2008 85.7 6/11/2008 85.7 MW-17 11/13/2009 23 11/13/2009 23 Vinyl Chloride DMW-1 6/11/2008 5.2 6/11/2008 5.2 0.03 MP-1 #1 6/11/2008 1.9 6111/2008 L9 MP-2 #1 6/10/2008 3.4 6/10/2008 3.4 MP-2 #2 6/10/2008 2.7 6/10/2008 2.7 Vinyl Chloride MW-1 3/16/2007 670 4/l/2016 180 0.3 MW-3 3/l4/2007 0.52 6/11/2008 BQL MW-4 3/l4/2000 850 6/10/2008 463 Maximum Date of Most Recent Groundwater Sample Date of Concentration Most Concentration Standard Contaminant Location Sampling Exceeding Recent (µg/L) (µg/L) Standard ( ) Sampling MW-13 6/10/2008 1.7 6/10/2008 1.7 MW-14 3/13/2007 1.3 6/10/2008 BQL latwratory reporting limits were significantly elevated over certain NU 21, groundwater stanaaras for certain wells in the data reported in 1999 and in 2016; dilution factors in 2016 ranged from 20 to 500. Therefore, concentrations of other constituents may have been diluted out of those samples during laboratory processing. 'Laboratory analytical data reports were not available for data collected in 2008; the BQL level cannot be established with readily available documentation. E- analyte concentration exceeded the calibration range; the result is estimated. BQL- Below Laboratory Quantitation Limit GROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants in the most recent groundwater samples with the potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are provided in the Division of Waste Management Risk Calculator, Non -Residential Vapor Intrusion Screening Levels (VISL) (January 2022 version): Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Most Recent Sampling Most Recent Concentration (Pg/L) Non - Residential VI Screening Level (µ L) Cis-1,2-Dichloroethene DMW-I/Du 6/11/2008 672 NS MP-1 #1 6/11/2008 236 MP-1 #2 6/11/2008 83.7 MP-1 #3 6/11/2008 88 MP-1-4 (Center) 3/15/2007 5 MP-2#1 6/10/2008 360 MP-2 #2 6/10/2008 221 MP-2 #3 6/10/2009 27.7 MW-1 4/1/2016 730 MW-3 0/11/2008 41.4 MW-4 6/10/2008 1,150 MW-10 4/1/2016 270 MW-I1 0/10/2008 124 MW-13 4/1/2016 650 MW-14 6/10/2008 353 Tetrachloroethylene DMW-1 0/11/2008 21,600/17,800 48 MP-1 #1 6/11/2008 4,620 MP-1 #2 6/11/2008 309 MP-2#1 6/10/2008 2,610 MP-2 #2 6/10/2008 1,310 MP-2 #3 0/10/2008 48.4 MP-2-4 3/14/2007 270 MP-2 CP 6/10/2008 61.6 MW-1 4/l/2016 190 MW-2 6/11/2008 906 MW-3 6/11/2008 1,610 MW-4 6/10/2008 414 MW-9 4/1/2016 4,100 MW-10 4/l/2016 4,900 Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Most Recent Sampling Most Recent Concentration (µg/L} Non - Residential VI Screening Level (µg/L) Tetrachloroethylene MW-I1 6/10/2008 2,480 48 NW-13 4/l/2016 21,000 MW-14 6/10/2008 426E MW-16 6/11/2008 308 1,1,2-Trichloroethane DMW-1 6/11/2008 26.3 5.2 Trichloroethylene AS-1 3/15/2000 3,200 4.4 DMW-1 6/11/2008 20,500 MP-1 #1 6/11/2008 5,120 MP-1 #2 6/11/2009 491 MP-1 #3 6/11/2008 106 MP-1-4 (Center) 3/15/2007 69 MP-1 CP 6/11/2008 5.1 MP-2#1 6/10/2008 3,260 MP-2 #2 6/10/2009 1,900 MP-2 #3 6/10/2009 132 MP-2-4 3/14/2007 400 MP-2-5 (Center) 3/14/2007 36 MP-2 CP 6/10/2009 115 MP-4S 41/17/2009 17 MP-4IS 11/17/2009 16 MP-41D/Du 11/17/2009 18/19 MP-4D 11/17/2009 8.9 MW-1 4/1/2016 860 MW-2 6/11/2008 296 MW-3 6/11/2008 144 MW-4 6/10/2008 1,120 MW-9 4/l/2016 260 MIN-10 4/l/2016 2,100 MW-I1 6/10/2008 1,000 MW-12 6/12/2008 5 MW-13 4/1/2016 660 MW-14 6/10/2008 437E MW-16 6/11/2008 85.7 MW-17 11/13/2009 23 Vinyl Chloride DMW-1 6/11/2008 5.2 2.5 Vinyl Chloride MP-2#1 6/10/2008 3.4 2.5 MP-2 #2 6/10/2008 2.7 Non - Groundwater Date of Most Recent Residential Contaminant with Sample Most Concentration VI Screening Potential for Vapor Location Recent (Et'f>/L) Level Intrusion Sampling (µg/L) MW-1 4/1/2016 180 MW-4 6/10/2008 463 SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2022 version): Concentration Soil Sample Date of Exceeding Industrial Contaminant Location z Depth (ft) Sampling Screening Screening Level Level' (mg/kg) (m k ) Tetrachloroethylene GP-10 12-13 6114J1999 460 82 Trichloroethylene GP-10 12-13 6/14/1999 39 4 Vinyl Chloride GP-3 1 0-2 1 6/10/1999 3.7 1 1.7 'Screening levels displayed for non -carcinogens are for a hazard quotient equal to U.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 'The available soil remedial action report does not indicate the area from which onsite impacted soil was excavated, treated, and disposed of offske. Soil represented by soil borings GP-3 and GP-10 above may have been included in this remedial area and if so, may no longer be present at the Brownfields Properly. INDOOR AIR Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2022 version): Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding g Screening Level (µg/m3) Non - Residential Screening Level (µ m3) Carbon tetrachloride IA2-7D 10/31/2021 4.9 2.0 Chloroform IA-8 4/1/2016 1.6J 0,53 LA-10 4/l/2016 1.6J IA2-10 10/31/2021 1.8 IA2-10D 10/31/2021 1.8 Ethanol IA2-1 10/31/2021 6.0 NS IA2-2 10/31/2021 5.7 IA2-2D 10/31/2021 6.3 IA2-3 10/31/2021 4.5 IA2-4 10/31/2021 7.2 IA2-5 10/31/2021 5.1 IA2-6 10/31/2021 3.6 IA2-7 10/31/2021 11 IA2-7D 10/31/2021 7.4 IA2-8 10/31/2021 6.4 IA2-9 10/31/2021 4.3 IA2-10 10/31/2021 190E IA2-10D 10/31/2021 180E IA2-11 10/31/2021 100 Trichlorofluoromethane IA-1 4/1/2016 IAJ NS IA-2 4/l/2016 1.3.1 IA2-1 10/31/2021 1.0 IA2-2 10/31/2021 1.2 IA2-2D 10/31/2021 1.3 I? 2-3 10/31/2021 1.2 IA 2-4 10/31/2021 1.1 IA2-5 10/31/2021 1.3 IA2-6 10/31/2021 1.3 IA2-7 10/31/2021 1.2 IA2-7D 10/31/2021 1.2 IA2-8 10/31/2021 1.2 Air Contaminant Sample Location Date of Sampling Concentration Exceeding g Screening Level (µg/m3 Residential Screening Level) (µ ra IA2-9 10/31/2021 1.3 Trichlorofluoromethane NS IA2-10 10/31/2021 1.2 I-lOD 10/31/2021 1.2 L2-11 10/31/202: 1.2 'Screening limits displayed for non -carcinogens are for a hazard quotient equal to U.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. J - value is estimated above the method detection limit but below the laboratory reporting limit NS - No screening level established E- Value exceeds instrument calibration range for the purposes of N.C.G.S. § 130A-310.35 Bruce Nicholson, Chief Brownfields Redevelopment Section Division of Waste Management State of North Carolina County of Wake Date SHEET 2of2 ' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels of the displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk 'NS - Screening level not established. -EXHIBIT to the Notice of Brownfields Property -SURVEY PLAT - Final Drawing Prospective Developer and Current Owner: For Review Purposes Only Carolina Hosiery Mills, Inc. 1111 1 11////� Tax Parcel: 122077 V\\0SEAL CAR0'%,Site Address: 2609 Tucker Street, Burlington, N.C. 27215 \S S j0& = Tax Parcel: 121701 r L-4566 417 • _ �SUR��`°c`�,�\ Vacant Tract, Hahn Road, Burlington, N.C. 27215 q LL K Q?.�� Brownfields Project Name: AMI 1101111110\\ Brownfields Project Number: 19025-15-001 Burlington Township, Alamance County, North Carolina Randall K. Page L-4566 Firm License Number C - 664 EXHIBIT C LEGAL DESCRIPTION Tract 1 - of Deed Book 3446, Page 844 Beginning at a concrete monument located on the southerly margin of the sixty foot right of way of Hahn Road and being S 42°26'19" E, 100.23 feet from a concrete monument, the northeast corner of the property of Emma L. Brown and a corner with Carolina Hosiery Mills, Inc., located on the southerly margin of said Hahn Road, thence from the point of beginning, S 42'45'16" E, 90.84 feet along the southerly margin of said Hahn Road to a 1-inch solid EIP, thence continuing along the southerly margin of Hahn Road S 52°55'40" E, 380.94 feet to a 1-inch EIP, located at the intersection of the southerly margin of said Hahn Road and the western margin of the 60 foot right of way of Tucker Street ( S.R. 1154), thence along the western margin of said Tucker Street S 39°10'36" W, 142.97 feet to a 1-inch Pinch EIP, thence continuing along the western margin of said Tucker Street S 40°03'31" W, 536.95 feet to a 1-inch EIP located on the western margin of Tucker Street and being a common corner with Holt Property Group, LLC, thence along the common property line with Holt Property Group, LLC, N 66°42'20" W, 419.36 feet to a 1-inch EIP, a common corner with Holt Property Group, LLC and Carolina Hosiery Mill, LLC, thence along the common property line of Carolina Hosiery Mill, LLC., N 41 °28'22" E, 580.32 feet, to a pk nail, a corner with Carolina Hosiery Mill, LLC, thence continuing along the common property line of Carolina Hosiery Mill, LLC. N 42°37'19" W, 111.97 feet to a concrete monument, a common corner with Carolina Hosiery Mill, LLC. and Emma L. Brown, thence along the common property line of Emma L. Brown N 47°24'24" E, 199.61 feet to the point and place of beginning and containing 7.02 Acres±. Tract 2 - of Deed Book 3446, Page 844 Beginning at a 1-inch EIP located on the southerly margin of the 60 foot right of way of Hahn Road, a common corner with Candy K. Hopkins, and being N 42°39'59' W, 199.63 feet from a 1-inch EIP, a common corner between Candy K. Hopkins and Carolina Hosiery Mills, thence from the beginning f- inch EIP along the western property line of Candy K. Hopkins, S 47°29'33" W, 199.67 feet to a 1-inch Pinch EIP, a common corner with Candy K. Hopkins, thence along the common property line of Candy K. Hopkins and Carolina Hosiery Mills, Inc., S 42°35'20"E, 399.80 feet to a 1-inch EIP, a common corner with Carolina Hosiery Mills, Inc., thence along the common property line of Carolina Hosiery Mills, Inc., N 47023'58" E 199.86 feet to a 1-inch EIP located in the southerly margin of said Hahn Road, thence along the margin of said road, S42°44'30" E, 59.67 feet to a concrete monument, a common corner with Emma L. Brown, thence along the common property line of Emma L. Brown, S 47' 19'20" W, 199.93 feet to a concrete monument, a corner with Emma L. Brown, thence along the common property line of Emma L. Brown and Carolina Hosiery Mills, Inc., S 42037'19" E, 211.91 feet to a PK nail, a corner with Carolina Hosiery Mills, Inc., thence along the common property line of Carolina Hosiery Mills, Inc., S 41°28'22" W, 580.32 feet, to a 1 inch EIP, a common corner with Holt Property Group, LLC, thence along the common property line of Holt Property Group, LLC, N43°45'12" W, 764.01 feet to a Rock, a corner with Holt Property Group, LLC, thence along the property line of Holt Property Group, LLC, N 42°39'56" W, 27.93 feet to a 1-inch Bent EIP, in the line of Holt Property Group, LLC, and being a common corner with CJ Danny Property, LLC, thence along the common property line of CJ Danny Property, LLC, N 47°25'37" E, 792.35 feet to a 1-inch EIP, a common corner with CJ Danny Property, LLC, and being on the southerly margin of said Hahn Road, thence along the southerly margin of said road, S 42°2833" E, 60.16 feet to the point and place of beginning and containing 10.79 Acres±. AMI/19025-15-001 /25Jan2023