21007_Hoke St Passage Home Amendment_PCPkg_17Nov2023

NOTICE OF INTENT TO AMEND
NOTICE of BROWNFIELDS PROPERTY and BROWNFIELDS AGREEMENT
Brownfields Property Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. This Notice of Intent to
Amend a Notice of Brownfields Property (Notice) and Brownfields Agreement (Agreement) has been
approved by the North Carolina Department of Environmental Quality ("DEQ") and by the party who
desires to amend the Notice and the Agreement (the current owner of the Brownfields Property). The
Notice of Intent provides, a proposed Amendment to Notice of Brownfields Property and Brownfields
Agreement (Amendment), which in turn includes a description of the proposed changes to the Notice and
to the Agreement, a description of the contaminants involved and their concentrations in the media of the
Brownfields Property, a legal description of the location of the Brownfields Property, a description of the
current and possible future use of the Brownfields Property, and a survey plat of the Brownfields Property.
The party who desires to amend the Notice and the Agreement (the current owner of the Brownfields
Property) must provide a copy of this Notice of Intent to all local governments having jurisdiction over the
Brownfields Property. The proposed Amendment is attached hereto and contains the other required
elements of this Notice of Intent. Written public comments may be submitted to DEQ within 30 days after
the latest of the following dates: the date the required summary of this Notice of Intent is (1) published in
a newspaper of general circulation serving the area in which the Brownfields Property is located, (2)
conspicuously posted at the Brownfields Property, and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written requests for a public meeting may be submitted to DEQ
within 21 days after the period for written public comments begins. Those periods will start no sooner
than November 20, 2023, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30
and 21 days, respectively, after completion of the latest of the three (3) above -referenced dates. All
comments and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Redevelopment Section Chief
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Hoke Street Passage Home Amendment/21007-17-092/17Nov2023
I

SUMMARY OF NOTICE OF
INTENT TO AMEND A NOTICE OF BROWNFIELDS PROPERTY
And
BROWNFIELDS AGREEMENT
Brownfields Property Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
Pursuant to NCGS § 130A-310.34, Hoke Street PH Redevelopment, LLC, as the Property Owner, has filed with the
North Carolina Department of Environmental Quality ("DEQ") a written request that the Notice of Brownfields Property,
recorded on July 23, 2022, in Book 17708, Pages 01065-01117 of the Wake County Registry ("Notice") pursuant to the
Brownfields Property Reuse Act, N.C. Gen. Stat. §§ 130A-310.30, et. seq. (the "Act"), and the Brownfields Agreement
between DEQ and the original Prospective Developer, attached to said Notice as its Exhibit A ("Agreement"), be amended
to add an adjoining parcel with a street address of 1402 Garner Road and Wake County Parcel Identification Number (PIN)
1703922815 and to modify the approved land uses to include high density residential. The Notice and Agreement concern
the redevelopment of a Brownfields Property ("Property") containing 3.95 acres, located at 500, 506 Hoke Street and 1412
and 1402 Garner Road, Raleigh, Wake County, North Carolina. Based on the results of environmental assessment conducted
at the Property, the proposal to add the aforementioned uses is acceptable to DEQ. In turn, DEQ has proposed to the owner
of the Property that the Notice and the Agreement be modified in order that both documents reflect the improved technical
understanding (since the time of the original agreement recordation on January 6, 2020, of the risks potentially posed by
contaminants known to exist at the Property and how to effectively mitigate such risks to ensure that the Property is fully
protective of public health and the environment. The proposed modifications are acceptable to the owner of the Property.
An Amendment to Notice of Brownfields Property and to Brownfields Agreement ("Amendment") has been prepared
and is acceptable to DEQ and to the owner of the Property. Environmental contamination exists on the Brownfields Property
in groundwater, soil, and soil vapor. DEQ has determined that the Amendment and a revised Survey Plat of the Property
must be publicly noticed. The full Notice of Intent to Amend the Notice of Brownfields Property and Brownfields
Agreement includes: (1) a proposed Amendment between DEQ and the owner of the Property, which in turn includes (a) a
description of the proposed changes to the Notice and to the Agreement, (b) a description of the contaminants involved and
their concentrations in the media of the Brownfields Property, (c) a legal description of the location of the brownfields
property, and (d) a description of the current and possible future use of the Brownfields Property; and (2) a proposed revised
Survey Plat prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Oberlin Regional Library at
1930 Clark Avenue, Raleigh, NC 27605 by contacting Robert Lambert, Library Manager, at robert.lambert(awake.gov,
919.856.6710; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street, Raleigh, NC or by
contacting Shirley Liggins at that address, at shirle .huinskncdenr. og_v, or at [phone]. The full Notice of Intent to
Amend the Notice of Brownfields Property and Brownfields Agreement may be reviewed online at the DEQ public record
database, Laserfiche, by entering the project number 21007-17-092 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteMana eg ment/
Written public comments may be submitted to DEQ within 30 days after the latest of the following dates: the date
this Summary Notice of Intent is (1) published in a newspaper of general circulation serving the area in which the
Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed or delivered to each
owner of property contiguous to the Brownfields Property. Written requests for a public meeting may be submitted to DEQ
within 21 days after the period for written public comments begins. Those periods will start no sooner than November 20,
2023, and will end on the later of. a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after
completion of the latest of the three (3) above -referenced dates. All public comments and public meeting requests should
be addressed as follows:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Hoke Street Passage Home Amendment/21007-17-092/17Nov2023

Prepared by NCDEQ. Return to:
Steve Vebber
Hoke Street PH Redevelopment, LLC
513 Branch Street
Raleigh, NC 27601
Property Owner: Hoke Street PH Redevelopment, LLC & Passage Home, Inc.
Amendment recorded in Book , Page
Associated Amended Survey Plat recorded in Plat Book , Page
AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY
AND TO BROWNFIELDS AGREEMENT
Site Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
This AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND BROWNFIELDS
AGREEMENT ("Amendment"), is entered into effective as of the day of ,
202_ by the North Carolina Department Environmental Quality ("DEQ") and Hoke Street PH
Redevelopment, LLC and Passage Home, Inc. ("Property Owners"), the owners of the
Brownfields Property. Capitalized terms used in this Amendment and not defined herein shall
have the meanings assigned to such terms in the Notice of Brownfields Property or Brownfields
Agreement, as applicable.
WHEREAS, on July 23, 2022, a Notice of Brownfields Property was recorded in Book
17708, Pages 01065-01117, and the associated Brownfields Property Survey Plat recorded in
Plat Book 2020, Page 29, at the Wake County Register of Deeds (the "Notice") pursuant to the
Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. seq. (the "Act"). A
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

Brownfields Agreement between DEQ and Prospective Developer (the `Brownfields
Agreement") was attached to and recorded with the Notice as Exhibit A, the Brownfields
Property Survey Plat was attached to the Notice as Exhibit B ("Plat") and a Legal Description of
the Brownfields Property was attached to the Notice as Exhibit C; and whereby use of the
Brownfields Property was restricted to community garden, economic development, institutional
space, retail, restaurant, office, associated parking, subject to DEQ's written approval, high -
density residential or other commercial uses.
WHEREAS, the Prospective Developer has requested in writing that the Notice and the
Agreement be amended to add an adjoining parcel with a street address of 1402 Garner Road and
Wake County Parcel Identification Number (PIN) 1703922815 to the existing Brownfields
Property with the street addresses of 500 and 506 Hoke Street and 1412 Garner Road with Wake
County PINs1703828886, 1703920846, and 1703920658, respectively;
WHEREAS, the Prospective Developer has requested in writing that the Notice and the
Agreement be amended to add high -density residential as a suitable use for the Brownfields
Property;
WHEREAS, the Property Owner has established or will establish through environmental
sampling and risk assessment conducted through the North Carolina Brownfields Redevelopment
Section that high density residential, community garden, institutional space, retail, restaurant,
office, parking, and, subject to DEQ's prior written approval, other commercial uses are
acceptable to DEQ, provided such uses are implemented in accordance with the terms of this
Amendment;
WHEREAS, DEQ has agreed that the Notice and the Brownfields Agreement be so
amended, and the undersigned has been delegated the authority by the Secretary of DEQ to
execute this Amendment;
WHEREAS, DEQ seeks to modify the Notice and the Brownfields Agreement to reflect
the improved technical understanding of the risks potentially posed by contaminants known to
exist at the Brownfields Property and how to effectively mitigate such risks; and
WHEREAS, the entire Brownfields Property subject to this Amendment shall be the
parcel associated with Wake County PIN 1703922815, which is more specifically defined on the
deed recorded in Book 019112, Page 00353 at the Wake County Register of Deeds, and the
parcels associated with the recorded Notice of Brownfields Property (Wake County PINS
1703828886, 1703920846, and 1703920658);
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth below, the receipt and sufficiency of which are hereby acknowledged by the parties hereto,
the parties hereto represent to each other and agree as follows:
1. For the purposes of this Amendment the term "Recorded Brownfields Documents" shall
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mean all of the following documents in their entirety:
a. The Notice of Brownfields Property that was recorded in Book 17708, Pages 01065-
01117 at the Wake County Register of Deeds (the "Notice") pursuant to the
Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. seq. (the "Act");
b. the Brownfields Agreement between DEQ and Prospective Developer (the
"Brownfields Agreement") that was attached to the Notice as Exhibit A including
Exhibit 2 to that agreement;
c. the Brownfields Property Survey Plat recorded in Plat Book 2020, Pages 29 at the
Wake County Register of Deeds and was attached to the Notice as Exhibit B ("Plat");
and
d. the Legal Description that was attached to the Notice of Brownfields Property as
Exhibit C;
2. The Plat is amended consistent with this Amendment via the Amended Survey Plat
attached hereto that is part of and recorded with this Amendment.
3. The Notice and the Brownfields Agreement are hereby amended as follows:
a. Any references to land uses or limitations on allowable uses of the Brownfields Property
in the aforementioned Notice or Brownfields Agreement (other than the numbered land
use restrictions) are hereby deleted and replaced with the following: "No use may be
made of the Brownfields Property other than for high density residential, community
garden, economic development, institutional space, retail, restaurant, office, parking, ,
and subject to DEQ's prior written approval, other commercial uses, can be made suitable
for such uses."
b. Any references to contaminants or contaminant table(s) information in the
aforementioned Notice and Brownfields Agreement are hereby amended to include the
Exhibit 2 to this Amendment attached hereto, which supplements the contaminant tables
from Exhibit 2 of the aforementioned Brownfields Agreement.
c. Any references to the original preamble and numbered land use restrictions in the
Notice and the Brownfields Agreement are deleted in their entirety and amended as
follows:
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

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 following restrictions are hereby imposed on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high density residential,
community and economic development activities, including community garden, institutional
space, retail, restaurant, office, and associated parking uses, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. High Density Residential is defined as permanent dwellings where residential units are
attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages. Single family homes, townhomes, duplexes
or other units with yards are prohibited.
ii. Community Garden is defined as use of shared land to grow vegetables, flowers or
other crops. Any such garden shall not disturb native soil at the Brownfields Property and must
be located within the "Community Garden Approved" area depicted on the plat component of
the Notice referenced below in paragraph 20, in constructed raised beds, unless compliance
with this Land Use Restriction is waived in writing in advance by DEQ.
iii. Community and economic development is defined as a process by which the
economic well-being and quality of life of a region or local community are improved.
iv. Institutional Space is defined as the use of land, buildings or structures for public,
non-profit or quasi -public purposes, such as libraries, community centers, post -secondary
education facilities, or health care facilities, and if in compliance with subparagraphs 15.h. and
15.j. below, pre-schools, primary, middle, and secondary schools.
v. Retail is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, and the sales of food and
beverage products. However, for purposes of this agreement, retail excludes use as a dry cleaner
using chlorinated solvents.
vi. Restaurant is defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
vii. Office is defined as the provision of business or professional services.
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viii. Parking is defined as the temporary accommodation of motor vehicles in an area
designed for same.
ix. Commercial is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee. However, for purposes of this agreement, commercial excludes use as
a dry cleaner using chlorinated solvents.
EMP & Redevelopment Report
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by
DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation resulting from
contamination identified in the Environmental Reports;
ii. issues related to known or potential sources of contamination referenced in
Exhibit 2 to this Amendment, and any contamination discovered during additional assessment
that fulfills one or more of the land use restrictions in this this Amendment;
iii. contingency plans for addressing, including without limitation the testing of soil
and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization of, and as necessary, disposal of
contaminated soil excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this Agreement for as
long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V: Work to
be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater, or other materials suspected or
confirmed to be contaminated with regulated substances; and
V. removal of any contaminated soil, water, or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all legally
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

required manifests shall be included).
Demolition of Existing Structures
d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in
relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20
below shall be in accordance with applicable legal requirements, including without limitation
those related to lead and asbestos abatement that are administered by the Health Hazards Control
Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
Groundwater
e. Groundwater at the Brownfields Property may not be used for any purpose without prior
written approval of DEQ.
Soil
f. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ
states in writing, in advance of the proposed activity, that said activity may occur if carried out
along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in Land Use Restriction a. above while fully protecting public
health and the environment, except:
in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in Land Use Restriction b. above.
g. New or existing building foundation structures and asphalt parking lot areas that are
functioning as caps must be maintained in good condition to prevent direct exposure to
underlying soil and shall not be removed unless said buildings or caps are removed in
preparation for redevelopment, and then said removal may take place only in accordance with an
approved EMP as required by Land Use Restriction b. above.
h. The Brownfields Property may not be used as a playground, or for child care centers or
schools, except in areas where 12 inches of demonstrated clean compacted fill, or another cover
approved in writing in advance by DEQ, are installed to DEQ's written satisfaction, and then
delineated to DEQ's written satisfaction as "Demonstrated Clean Fill Area Suitable for
`Playground,' `Child Care Center' or `School"' areas on a revised plat component of the Notice
referenced below in paragraph 20, and are maintained and left undisturbed other than through
normal playground, child care center or school use.
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i. 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 Land Use Restriction b. above.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no existing building
may be occupied for residential use until DEQ determines in writing that:
i. the building is or would be protective of the building's users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site -specific risk
assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ
that the building's users, public health and the environment will be protected from risk from
vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
Property Access
k. 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.
Notifications Upon Transfer
1. 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 Wake County land records, Book
Page and any subsequently recorded amendments to the Notice of
Brownfields Property and Brownfields Agreement, Book , Page " A copy of any
such instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions
of the North Carolina Public Records Law. The owner may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease or rider is identical in form, the
owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (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
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

Section XV.
Separating Old from New Contamination
m. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 to this Agreement and in the Exhibit 2 to this Amendment,
and as modified by DEQ in writing if additional contaminants in excess of applicable standards
are discovered at the Brownfields Property, may be used or stored at the Brownfields Property
without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in high
density residential, community and economic development, community garden, institutional
space, retail, restaurant, office, associated parking, and, subject to DEQ's prior written approval,
other commercial environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws; or
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment or in flammable liquid
storage containers totaling no more than 25 gallons.
Abandonment of Wells
n. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery
wells, piezometers and other man-made points of groundwater access at the Brownfields
Property, except for monitoring well MW-2, in accordance with Subchapter 2C of Title 15 A 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.
o. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing
by DEQ in advance.
Land Use Restriction Update
p. During January of each year after the year in which the Notice referenced below in paragraph
20 is recorded, the owner of any part of the Brownfields Property as of January 1 st of that year
shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief
public health and environmental officials of Wake County, certifying that, as of said January 1 st,
the Notice of Brownfields Property containing these land use restrictions remains recorded at the
Wake County Register of Deeds office and that the land use restrictions are being complied with.
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If the Brownfield Property is transferred, the grantor shall submit a LURU (as outlined above)
which covers the period of time they owned the Brownfields Property during the calendar year of
the transfer. The submitted LURU shall state the following:
i. the name, mailing address, telephone number and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number and facsimile numbers,
and contact person's e-mail address, if said owner transferred any part of the Brownfields
Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to Land
Use Restriction i. above are performing as designed, and whether the uses of the ground floors of
any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so,
how.
q. A LURU submitted for rental units shall include the rent roll and enough of each lease entered
into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 21 and 22 of this Agreement, below, provided that if standard form
leases are used in every instance, a copy of such standard form lease may be sent in lieu of
copies of actual leases.
r. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and shall include the name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address of the entity submitting the joint LURU as well as for each of the
owners on whose behalf the joint LURU is submitted.
The Brownfields Agreement is further hereby amended as follows:
1. The chart of "Environmental Reports" in paragraph 5 shall be deleted and replaced in its
entirety with the following list of "Environmental Reports":
Title
Prepared by
Date of Report
Initial Notification
NC Department of
Environment and Natural
Resources (DENR)
December 16, 2003
Transporter Inspection Report
DENR
January 26, 2004
Notice of Violation
DENR
January 28, 2004
Transporter Inspection Report
DENR
February 9, 2004
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Title
Prepared by
Date of Report
Notice of Violation
DENR
March 2, 2004
RCRA Subtitle C Site Identification
Nyetech Environmental
March 25, 2004
Form
Solutions
Notice of Violation G.S. 143.21.75
Nyetech Environmental
April 14, 2004
et seq.
Solutions
Case Development Inspection Form
DENR
September 13, 2004
Case Development Inspection Form
DENR
September 16, 2004
Short Form Compliance Order with
DENR
November 17, 2004
Administrative Penalties
Short Form Compliance Order with
Nyetech New York
Administrative Penalties
Environmental Technologies
February 16, 2005
Inc.
Nyetech New York
Notice of Closed Facility
Environmental Technologies
August 23, 2005
Inc.
Subsequent Notification
DENR
February 10, 2005
Record of Communication
DENR
January 26, 2007
Phase I Environmental Site
Proctor Environmental
June 31, 2016
Assessment
Services, Inc.
Revised Limited Phase 1I
Proctor Environmental
May 17, 2017
Environmental Site Assessment
Services, Inc.
Vapor Intrusion Soil Gas Sampling
RDH Environmental
January 8, 2018
Report
Consulting
Surficial Soil Testing Report
Aptus Management, PLLC
May 31, 2018
Vapor Intrusion Indoor Air Testing
Aptus Management, PLLC
June 26, 2018
Report
Limited Site Evaluation
Hart & Hickman, PC
January 3, 2020
Brownfields Assessment Report
Hart & Hickman, PC
February 16, 2023
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2. Delete the information provided under "for DEQ:" in subparagraph 35.a. of the NOTICES
AND SUBMISSIONS section and insert the following:
Brownfields Property Management Branch (or successor in function)
Brownfields Redevelopment Section
N.C. Division of Waste Management
Mail Service Center 1646
Raleigh, NC 27699-1646
All other components of the Notice, Exhibit 2, Survey Plat, Legal Description and Brownfields
Agreement remain unaltered and in full force and effect for the Brownfields Property.
Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Amendment shall be recorded in the
Wake County Registry and indexed on the grantor index in the name of the Property Owners,
and on the grantee index in the name "Secretary of Environmental Quality." Also pursuant to
N.C. Gen. Stat. § 130A-310.35(e), if practicable, a marginal entry shall be made on the Notice
showing the date of amendment and the book and page where this Amendment is recorded.
The undersigned has been delegated the authority by the Secretary of DEQ to execute this
Amendment.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day
and year first above written.
DEQ:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Name: Bruce Nicholson
Title: Chief, Brownfields Redevelopment Section
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document:
Date:
(Official Seal)
Official Signature of Notary
Printed Name of Notary Public
[signatures continue on following page]
12
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
Hoke Street PH Redevelopment, LLC
Steve Vebber
Manager
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
13
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_
Passage Home, Inc.
By:
Steve Vebber
Manager
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
14
Amended NBP/Hoke Street Passage Home/21007-17-092/17Nov2023

EXHIBIT 1 - SITE LOCATION MAP
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USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
W
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
y
Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed August, 2021.
-
TITLE
EXHIBIT 1 - SITE LOCATION MAP
1 0 2,000 4,000
PROJECT HOKE STREET PASSAGE HOME
N
= SCALE IN FEET
500 & 506 HOKE STREET
1402 & 1412 GARNER ROAD
RALEIGH, NORTH CAROLINA
3 U.S.G.S. QUADRANGLE MAP
14 3921 sunset Ridge Road, Suite301
hart '1• hickman Raleigh, North Carolina27607
RALEIGH WEST NORTH CAROLINA 2019
919-s47-4241 (p)919-s47-4261(f)
ENVIRONMENTAL License # C-1269 / # C-245 Geology
SMARTER SOLUTIONS
BPN 21007-17-092
REVISION NO: 0
QUADRANGLE
3
7.5 MINUTE SERIES (TOPOGRAPHIC)

Amendment to Exhibit 2
Brownfields Property Name: Hoke Street Passage Home Amendment
Brownfields Project Number: 21007-17-092
The following tables set forth the contaminants present at the amended portion of the
Brownfields Property above unrestricted use standards or screening levels, the concentration
found at each sample location sampled in December 2022 on the parcel for which this
amendment was requested only, and the applicable standard or screening level. Screening levels
and standards are shown for reference only and are not set forth as cleanup or mitigation levels
for purposes of this Agreement.
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 (July
2023):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Arsenic
SB-16
4-6
12/1/2022
2.93
0.68
SB-17/SB-DUP
2-4
1.43/1.85
SB-18
0-2
1.55
SB-19
0-2
1.46
SB-20
2-4
2.58
SB-21
4-5
1.41
SB-23
3-4
1.73
Benzo(a)pyrene
SB-16
4-6
0.372 J
0.11
SB-22
3-4
0.288 J
SB-23
3-4
0.496
Benzo h a lene
(g' 'i) p
SB-16
4-6
0.222 J
NSE
SB-18
0-2
0.0371 J
SB-22
3-4
0.456
SB-23
3-4
1.21
Chromium,
Hexavalent
SB-16
4-6
0.753
0.31
SB-17/SB-DUP
2-4
0.513 J/0.821
SB-18
0-2
0.993
SB-20
2-4
1.19
SB-21
2-5
0.455 J
SB-22
3-4
0.693
SB-23
3-4
3.31
21007-17-092/Hoke Street Passage Home Amendment/ 17NOv2023

Concentration
Soil
Sample
Depth
Date of
Exceeding
Residential
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/kg)
4-Iso ro ltoluene
SB-17
2-4
0.0247
NSE
Lead z
SB-20
2-4
445
400
SB-23
3-4
950
12/1/2022
SB-22
3-4
0.290 J
Phenanthrene
NSE
SB-23
3-4
0.110 J
'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.
2Sample SB-23 was also submitted for analysis by the Toxic Characteristic Leaching Procedure (TCLP)
method and was found to contain leachable lead at a concentration of 6.27 milligrams per liter (mg/L) in
excess of the lead threshold level of 5.0 milligrams per liter (mg/L).
J — Compound was detected above the laboratory method detection limit, but below the laboratory
reporting limit resulting in a laboratory estimated concentration.
NSE — No screening level established
21007-17-092/Hoke Street Passage Home Amendment/ 17Nov2023

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
SG-2
12/5/2022
17
12
Ethanol
SG-1
26
NSE
SG-4
10 J
4-Eth ltoluene
SG-2
19 CN
Trichlorofluoromethane
SG-1
1.11
SG-2
1.3 J
SG-4
1.3 J
2,2,4-Trimethylpentane
SG-1
21
SG-2
96
SG-4
F-3.9 J
'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.
Acetone was detected in every exterior soil gas sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but
remain available in the reports related to this Brownfields Property.
CN -The presence of a closely eluting non -target peak in sample SG-2 is interfering with the quantitation
mass ion for 4-Ethyltoluene. The reported 4-Ethyltoluene concentration is flagged with a "CN" flag to
indicate a high bias due to matrix contribution.
J — Compound was detected above the laboratory method detection limit, but below the laboratory
reporting limit resulting in a laboratory estimated concentration.
NSE — No screening level established
21007-17-092/Hoke Street Passage Home Amendment/ 17NOv2023

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 :
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Ethanol
SS-5
12/5/2022
51
NSE
SS-6
55
SS-7
720
SS-8/SS-DUP
5101510
4-Ethyltoluene
SS-5
1.4 J CN
SS-8/SS-DUP
4.7/4.3 J CN
Trichlorofluoromethane
SS-5
1.8 J
SS-6
1.9 J
SS-7
1.2 J
SS-8 DUP
1.3 J
2,2,4-Trimeth 1 entane
SS-8/SS-DUP
24/22
'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.
Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but
remain available in the reports related to this Brownfields Property.
CN - The presence of a closely eluting non -target peak in samples SS-5, SS-8 and SS-DUP is interfering
with the quantitation mass ion for 4-Ethyltoluene. The reported 4-Ethyltoluene concentration is flagged
with a "CN" flag to indicate a high bias due to matrix contribution.
J — Compound was detected above the laboratory method detection limit, but below the laboratory
reporting limit resulting in a laboratory estimated concentration.
NSE — No screening level established
21007-17-092/Hoke Street Passage Home Amendment/ 17NOv2023

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LAUTENSCHLAGERCHRISTOPHER
RUTLEDGE, MEREDITH C
DB 18734, PG. 1856
PIN 1703837071
1314 S EAST ST
IPF
TRACK TWO PROPERTIES LLC
DB 16013, PG. 762
PIN 17OJ826856
1401 S BLOODWORTH ST
TRACK TWO PROPERTIES LLC
DB 16449, PG. 1328
PIN 17OJ826751
1407 S BLOODWORTH ST
TRACK TWO PROPERTIES LLC
DB 16595, PG. 1916
PIN 1703826662
1415 S BLOODWORTH ST
TRACK TWO PROPERTIES LLC
DB 16595, PG. 1916
PIN 17OJ826471
1419 S BLOODWORTH ST
732940.2458'
2108819.1217'
ry
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MITCHELL, NIKITA
FAISON, HEATHER A
DB 19185, PG. 1107
PIN 17OJ83901 J
1325 S EAST ST
164.00'
A-3
A-4
A-2 HOKE STREET PH
REDEVELOPMENT LLC
DB 16684, PG. 686
PIN 17OJ828886
500 HOKE ST
A-1/A-1(DUP)
■ SS-3
MW-1 (8.0) Q
MW-2 (37) Q
A-5
OS-7
MW-3 (0.58) Q
GENERALNOTES
1. THIS SURVEY MAP IS INTENDED TO REPRESENT A BROWNFIELDS SURVEY OF THE PROPERTY CURRENTLY
OWNED BY HOKE STREET PH REDEVELOPMENT LLC, PIN 1703920846, 1703828886, 1703920658, AND
PASSAGE HOME INC PIN 1703922815. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2. BASIS OF BEARINGS IS NAD83(2011). ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN US
SURVEY FEET. AREAS CALCULATED BY COORDINATE GEOMETRY.
J. THE SUBJECT PROPERTIES LIES IN ZONE X (AREA DETERMINED TO BE OUTSIDE THE 0.29 ANNUAL
CHANCE AND FUTURE CONDITIONS 1% ANNUAL CHANCE FLOODPLAIN)X AND ZONE X(19' FUTURE). BASED
ON THE FLOOD INSURANCE RATE MAP J720170JOOK DATED 0711912022. FRIS.NC.GOV.
4. THE SUBJECT PROPERTY IS ZONED "OX-4-PL-CU" (RALEIGH).
5. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM
THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS
USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
6. SEE SHEET 2 OF 4 FOR LAND USE RESTRICTIONS
7. SEE SHEET 3 OF 4 FOR DATA TABLES.
8. SEE SHEET 4 OF 4 FOR AMENDED DATA TABLES
BM PG
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PRETTY, REGINALD F
PRETTY, FURNEY L
DB 10641, PG. 1940 00�0
PIN 1703839082 QQoox
509HOKE ST oo^iz� Sao^� oNZ�
`"a Z� s�,au,
o ooa o
s
S89' 00' 50 E 315.98' - TOTAL
•3
B-9
•2
• B-10
0 SG-4
• B-1
HOKE STREET
VARIABLE PUBLIC R/W
151.98'
HOKE STREET PH
REDEVELOPMENT LLC
DB 16684, PG. 686
PIN 17OJ920846
506 HOKE ST
• B-3
• B-2
TOTAL BROWNFIELDS PROPERTY
170,754 SF / 3.920 AC
• B-5
• B-7
MOUNT PEACE BAPTIST CHURCH
DB 18992, PG. 1817
PIN 1703920335
1420 GARNER RD
r-
• B-6
HOKE STREET PH
REDEVELOPMENT LLC
DB 18992, PG. 1820
PIN 1703920658
1412 GARNER RD
N88' 30' 31 "W 493.93'
• B-8
'010
B-4
LEGEND
PKF O
PK NAIL FOUND
IPF O
IRON PIPE FOUND
IRF O
IRON ROD FOUND
RWM ❑
RIGHT OF WAY MONUMENT
CMFD ❑
CONC. MON. (DISTURBED)
♦
CALCULATED POINT
A-1 $
AIR SAMPLES
B-1 •
MARCH 2O18 SOIL SAMPLE LOCATIONS
MW-1 Q
MONITOR WELL LOCATIONS
TW-1
TEMPORARY WELL LOCATIONS
SS-3 ■
SOIL GAS SAMPLE LOCATIONS
SB-20 O
SOIL BORING LOCATIONS
SG-2 0
SOIL VAPOR SAMPLE LOCATIONS
SS-5
SUB -SLAB VAPOR SAMPLE LOCATIONS
BROWNFIELDS PROPERTY LINE
ADJIONER LINE (NOT SURVE)ED)
-
CP&L EASEMENT
J
SLOPING EASEMENT
79'
' GARNER & SAWYER LLC
RR&E PROPERTIES LLC DB 18864, PG. 2431
DB 11843, PG. 2158 I PIN 1703934013
PIN 17OJ931075 I 1313 GARNER RD
1310 GARNER RD
GARNER & SAWYER LLC
DB 18864, PG. 2436
PIN 1703924926
1315 GARNER RD
S89' 05' 00"E 149.63'
144.84' PKF
S26' 17' 3t'E
26.50'
SLOPING EASEMENT I GARNER & SAWYER LLC
DB 11895, PG. 2655 PKF DB 18864, PG. 2431
I PIN 17OJ924829
SS-5
SS-6 I 1317 GARNER RD
� I
SB-20 OO SB-21 SB-171SB-DUP p o
SG-2 L
PASSAGE HOME INC * SS-7 0o I o >
DB 19112, PG. 353 I l c z HODGE RODERICK E
PIN 1703922815 1
�; � m
1402 GARNER RD I ;J DB 08- E, PG. 1508
;0 PIN 1703923894
SB-22 O SS-8/SS-DUP a? I � > 1405 GARNER RD
O SB-23
I
I
O SB-16 I BOCCARD, RICHARD T
0 SG-1 I CRISPIN, PAULINE G
CMFD I DB 17110, PG. 167
PIN 17OJ924778
1409 GARNER RD
O TW 1 I I VANDERMEER, MICHAEL
VANDERMEER, CASSANDRA
DB 17779, PG. 1365
PIN 17OJ92475J
1411 GARNER RD
50' CP&L ESMT
BM 2002, PG. 2086
� DA REALTY LLC
DB 17249, PG. 1422
PIN 1703924658
O SB-18 I m I 1413 GARNER RD
Q I FULLER, WILLIAM
V FULLER, L YNDA
DB 19213, PG. 1497
PIN 1703924654
O SB-19 1415 GARNER RD
DUVALL, RYAN S
DUVALL, LAUREN
DB 17201, PG. 849
PIN 17OJ924650
1417 GARNER RD
rLETTERI, AL YSSA
PHILLIPS, GLENN
DB 18906, PG. 1467
FDB
IN 170J924556
19 GARNER RD
ODELE, HENRY E
18837, PG. 1595
PIN 1703924552
1421 GARNER RD
SURVEYOR CERTIFICATION
1, JORDAN A SCHOFF, PLS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK AS SHOWN, • THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK OF MAPS AS
SHOWN, • THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+ ; THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G. S 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS
___ DAY OF ______- A.D., 2023.
_X_ C-1: THIS SURVEY IS OF EXISTING PARCELS OF LAND ��`` \A C A R' A, '•.
AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. ���0��•, S c
PRELIMINARY PLAT 00 Q939 r: -_
JORDAN M SCHOFF
PROFESSIONAL LAND SURVEYOR
LICENSE NUMBER L-4939
Q • N M 5
Ing]
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
(1) nU
BRANCH ST
NORTH
N.T.S.
W
HOKE ST
n
o �
SITE
m �
NORTH
NAD83(2011)
0 20 40 80
SCALE: 1" = 40'
Title: EXHIBIT B
TO THE NOTICE OF
BROWNFIELDS PROPERTY -
AMENDED SURVEY PLAT
BROWNFIELDS PROJECT NAME:
HOKE STREET PASSAGE HOME
BROWNFIELDS PROJECT #:
21007-17-092
PROSPECTIVE DEVELOPER / OWNER:
HOKE STREET PH
REDEVELOPMENT,LLC &
PASSAGE HOME INC
PIN 1703920846 - 506 HOKE ST
PIN 1703828886 - 500 HOKE ST
PIN 1703920658 - 1412 GARNER RD
PIN 1703922815 - 1402 GARNER RD
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: 10-13-2023 SCALE: 1" = 40'
PREPARED FOR: APTUS MANAGEMENT, PLLC
Revisions:
No. Date Description
01 11-14-2023 Comments
Project number: G19057 Sheet:
Date: 10-13-2023
Drawn by: NMH 1 of 4
Checked by: JMS

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AMENDMENT TO LAND USE RESTRICTIONS
NCGS 130A-310.35(o) 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 appropriate for the designated current or future use of the property and
that are designated in a Brownfields Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Amendment to the
Notice (`Amendment') pertaining to the Brownfields Property depicted on this amended plat and recorded at the New Hanover County Register of Deeds'
office. The exhibits to the Amendment are: the Amendment to the Brownfields Agreement for the subject property, which is attached as Exhibit A to the
Amendment; a reduced version of this amended survey plat, which is attached as Exhibit B to the Amendment, and on amended legal description for the
subject property, which is attached as Exhibit C to the Amendment. The land use restrictions below have been excerpted verbatim from paragraph 3 of the
Amendment, and all paragraph letters/numbers are the some as those used in the Amendment. The following Amendment to 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):
Land Uses
a. No use may be made of the Brownfields Property other than for high density residential, community and economic development activities, including
community garden, institutional space, retail, restaurant, office, and associated parking uses, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply.
i. High Density Residential is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia,
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately
owned as part of a particular unit (e.g., privately —owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes, townhomes, duplexes or other units with yards are prohibited.
ii. Community Garden is defined as use of shared land to grow vegetables, flowers or other crops. Any such garden shall not disturb native soil at the
Brownfields Property and must be located within the "Community Garden Approved" area depicted on the plat component of the Notice referenced below
in paragraph 20, in constructed raised beds, unless compliance with this Land Use Restriction is waived in writing in advance by DEQ.
N. Community and economic development is defined as a process by which the economic well—being and quality of life of a region or local community are
improved.
iv. Institutional Space is defined as the use of land, buildings or structures for public, non—profit or quasi —public purposes, such as libraries, community
centers, post —secondary education facilities, or health care facilities, and if in compliance with subparagraphs 15.h. and 15. j below, preschools, primary,
middle, and secondary schools.
V. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal
service, and the sales of food and beverage products. However, for purposes of this agreement, retail excludes use as a dry cleaner using chlorinated
sol ven ts.
vi. Restaurant is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
vii. Office is defined as the provision of business or professional services.
viii. Parking is defined as the temporary accommodation of motor vehicles in on area designed for some.
ix. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. However, for purposes of this agreement,
commercial excludes use as a dry cleaner using chlorinated solvents.
EMP & Redevelopment Report
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with on Environmental Management Plan
(`EMP') approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases,
and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any
other form, including without limitation:
i. soil and water management issues, including without limitation resulting from contamination identified in the Environmental Reports,
ii. issues related to known or potential sources of contamination referenced in Exhibit 2 to this Amendment, and any contamination discovered during
additional assessment that fulfills one or more of the land use restrictions in this this Amendment;
X. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil —water separators, soil contamination), and
iv. plans for the proper characterization of, and as necessary, disposal of contaminated soil excavated during redevelopment.
c. Within 90 days after each one—year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields
Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields
Property shall provide DEQ a report subject to written DEQ approval on environment —related activities since the last report, with a summary and
drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V..• Work to be Performed above,
Vapor Intrusion
J. No enclosed building may be constructed on the Brownfields Property and no existing building may be occupied for residential use until DEQ determines
in writing that:
i. the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment
data or a site —specific risk assessment approved in writing by DEQ
ii. the building is or would be sufficiently distant from the Brownfields Property's groundwater and/or soil contamination based on assessment data
approved in writing by DEQ that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said
contamination; or
X. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as
evidenced by said engineer's professional seal on a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
Property Access
k. 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.
Notifications Upon Transfer
L Any deed or other instrument conveying on 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 Wake County land records, Book ___________,
Page ----------- and any subsequently recorded amendments to the Notice of Brownfields Property and Brownfields Agreement, Book -------
Page ---------- A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade
secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease or rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider
evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and
Submissions); or (ii) The owner conveying on interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
Separating Old from New Contamination
m. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 to this Agreement and
in the Exhibit 2 to this Amendment, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities,-
ii. as constituents of products and materials customarily used and stored in high density residential, community and economic development, community
garden, institutional space, retail, restaurant, office, associated parking, and, subject to DEQ's prior written approval, other commercial environments,
provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; or
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on —board tanks integral to said equipment or
in flammable liquid storage containers totaling no more than 25 gallons.
Abandonment of Wells
n. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells,
injection wells, recovery wells, piezometers and other man—made points of groundwater access at the Brownfields Property, except for monitoring well
MW-2, in accordance with Subchapter 2C of Title 15 A of the North Carolina Administrative Code, unless on 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.
o. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ—approved monitoring well is damaged by the
owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable
to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
ii. soil grading and cut and fill actions,
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media, P.
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).
Demolition of Existing Structures
d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation
of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in
accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services.
Groundwater
e. Groundwater at the Brownfields Property may not be used for any purpose without prior written approval of DEQ.
Soil
f. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that
said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified in Land Use Restriction 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;
N. 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 Land Use Restriction b. above.
g. New or existing building foundation structures and asphalt parking lot areas that are functioning as caps must be maintained in good condition to
prevent direct exposure to underlying soil and shall not be removed unless said buildings or caps are removed in preparation for redevelopment, and then
said removal may take place only in accordance with on approved EMP as required by Land Use Restriction b. above.
h. The Brownfields Property may not be used as a playground, or for child care centers or schools, except in areas where 12 inches of demonstrated clean
compacted fill, or another cover approved in writing in advance by DEQ, are installed to DEQ's written satisfaction, and then delineated to DEQ's written
satisfaction as `Demonstrated Clean Fill Area Suitable for Playground,' 'Child Care Center' or 'School'" areas on a revised plat component of the Notice
referenced below in paragraph 20, and are maintained and left undisturbed other than through normal playground, child care center or school use.
i. 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 on approved EMP as outlined in Land Use Restriction b. above.
PG
W
Land Use Restriction Update
During January of each year after the year in which the Notice referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields
Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU') to DEQ, and to the chief public health and
environmental officials of Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfield Property is
transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the Brownfields Property during the
calendar year of the transfer. The submitted LURU shall state the following:
the name, mailing address, telephone number and facsimile numbers, and contact person's e—mail address of the owner submitting the LURU if said
owner acquired any part of the Brownfields Property during the previous calendar year, -
the transferee's name, mailing address, telephone number and facsimile numbers, and contact person's e—mail address, if said owner transferred any
part of the Brownfields Property during the previous calendar year, • and
whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction i. above are performing as designed, and whether the
uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
q. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraphs 21 and 22 of this Agreement, below, provided that if standard form leases are used in
every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
r. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone
and facsimile numbers, and contact person's e—mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf
the joint LURU is submitted.
R O//,< -,*
:LESS
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0 �.qo
FOR THE PURPOSES OF N.C.G.S. § 13OA-310.35
BRUCE NICHOLSON, CHIEF DATE
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Ing]
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
BRANCH ST
NORTH
N.T.S.
W
HOKE ST
C n
o z
o
m �
Title: EXHIBIT B
TO THE NOTICE OF
BROWNFIELDS PROPERTY -
AMENDED SURVEY PLAT
BROWNFIELDS PROJECT NAME:
HOKE STREET PASSAGE HOME
BROWNFIELDS PROJECT #:
21007-17-092
PROSPECTIVE DEVELOPER / OWNER:
HOKE STREET PH
REDEVELOPMENT,LLC &
PASSAGE HOME INC
PIN 1703920846 - 506 HOKE ST
PIN 1703828886 - 500 HOKE ST
PIN 1703920658 - 1412 GARNER RD
PIN 1703922815 - 1402 GARNER RD
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: 10-13-2023 SCALE: 1" = 40'
PREPARED FOR: APTUS MANAGEMENT, PLLC
Revisions:
No. Date Description
01 11-14-2023 Comments
Project number: G19057 Sheet:
Date: 10-13-2023
Drawn by: NMH 2 of 4
Checked by: JMS

EXHIBIT 2 DATA TABLES
CL
In
N
M
N
O
N
O
z
P_
rn
C�
rn
0
N
U
0
o_
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,
(APRIL 1, 201J VERSION):
Groundwater
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µ /L)
Standard
(µg/L)
Carbon Tetrachloride
MW-2
7/28/2016
2.5
0.3
Chromium
MW-1
7/27/2016
19
10
MW-3
7/27/2016
22
10
MW-2
7/29/2016
29
10
Lead
MW-2
7/28/2016
17
15
MW-1
7/27/2016
19
15
MW-3
7/27/2016
84
15
Tetrachloroethylene
TW-1
7/27/2016
0.73
0.7
MW-1
7/27/2016
8
0.7
MW-2
7/28/2016
37
0.7
Trichloroethalene
MW-2
7/29/2016
6
3
GROUNDWATER VAPOR INTRUSION RISK
GROUNDWATER CONTAMINANTS WITH POTENTIAL FOR VAPOR INTRUSION (VI) IN MICROGRAMS PER LITER (THE EQUIVALENT
OF PARTS PER BILLION), THE VAPOR INTRUSION SCREENING LEVELS FOR WHICH ARE DERIVED FROM THE RESIDENTIAL
VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT FEBRUARY 2018 VERSION):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level
Intrusion
Level(µg/L)
(µg/L)
Tetrachloroethylene
MW-2
7/27/2016
1 37
1 12
Trichloroethvlene
MW-2
7/27/2016
1 6
1 1
'SCREENING LEVELS DISPLAYED FOR NON -CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING LEVELS
DISPLAYED FOR CARCINOGENS ARE FOR A 1.0E-5 LIFETIME INCREMENTAL CANCER RISK.
SOIL
SOIL CONTAMINANTS IN MILLIGRAMS PER KILOGRAM (THE EQUIVALENT OF PARTS PER MILLION), THE SCREENING LEVELS FOR
WHICH ARE DERIVED FROM THE PRELIMINARY RESIDENTIAL HEALTH- BASED SOIL REMEDIATION GOALS OF THE INACTIVE
HAZARDOUS SITES BRANCH OF DEQ'S SUPERFUND SECTION (MAY 2019 VERSION):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
B-1
0-2
3/27/2018
3
0.68
B-2
0-2
3/27/2019
1.7
B-3
0-2
3/27/2018
2.5
B-4
0-2
3/27/2018
2.1
B-5
0-2
3/27/2018
3.5
B-6
0-2
3/27/2018
5
B-7
0-2
3/27/2019
3.6
B-8
0-2
3/27/2018
1.11
B-9
0-2
3/27/2018
2.1
B-10
0-2
3/27/2019
3.8
BG
0-2
3/27/2018
0.93 J
1­113-2
*0-2
3/l/2004
0.977
H13-3
*0-2
3/1/2004
0.772
delta-BHC
B-1-4C
0-2
3/27/2018
0.0019
NE
S-7
1-3
7/29/2016
0.00049
'SCREENING LEVELS DISPLAYED FOR NON -CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING
LEVELS DISPLAYED FOR CARCINOGENS ARE FOR A 1.0E-5 LIFETIME INCREMENTAL CANCER RISK.
NE - NO ESTABLISHED SCREENING LEVEL, C = COMPOSITE SAMPLE
* SAMPLE DEPTH IS ESTIMATED
PG
SUB -SLAB VAPOR
SOIL GAS CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH ARE DERIVED FROM
RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (FEBRUARY 2018 VERSION):
Concentration
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Limit'
Level (µ /m3)
(lL /m3)
Tetrachloroethylene
SS-3
10/17/2017
590
280
Tri chi orofluorometh ane
SS-3
10/17/2017
3.8
NE
'SCREENING LEVELS DISPLAYED FOR NON -CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING
LEVELS DISPLAYED FOR CARCINOGENS ARE FOR A 1.0E-5 LIFETIME INCREMENTAL CANCER RISK.
NE - NO ESTABLISHED SCREENING LEVEL
INDOOR AIR
INDOOR AIR CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LIMITS FOR WHICH ARE DERIVED FROM
RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (FEBRUARY 2018 VERSION):
Indoor Air
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µ /m3)
Residential
Screening
Level'
(µ /m3)
Carbon Tetrachloride
A-1 DUP
5/8/2018
0.47
0.47
A-4
5/8/2018
0.47
A-5
5/8/2018
0.48
Naphthalene
A-1
5/8/2018
0.21
0.083
A-1 DUP
5/8/2018
0.19
A-2
5/8/2018
2.4
A-3
5/8/2018
0.19 J
A-4
5/8/2018
0.2 J
A-5
5/8/2018
0.18 J
'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.
27ETRACHLOROETHYLENE ALTHOUGH DETECTED IN SS-J IN OCTOBER 2017 AT A CONCENTRATION GREATER THAN
THE VAPOR INTRUSION SCREENING LEVEL, WAS NOT DETECTED IN INDOOR AIR IN MAY 2018.
J - ESTIMATED VALUE BETWEEN THE LABORATORY METHOD DETECTION LIMIT AND THE REPORTING LIMIT.
�..*`s%I A No**/.
�-\N RO/� **
:LESS
:a SEA rt
O ,�y
.0 �� SURvc•.• 2 ;�
Ing]
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
(1) BRANCH ST
NORTH
N.T.S.
W
CO
HOKE ST
n
o z
o
SITE
m �
Title: EXHIBIT B
TO THE NOTICE OF
BROWNFIELDS PROPERTY -
AMENDED SURVEY PLAT
BROWNFIELDS PROJECT NAME:
HOKE STREET PASSAGE HOME
BROWNFIELDS PROJECT #:
21007-17-092
PROSPECTIVE DEVELOPER / OWNER:
HOKE STREET PH
REDEVELOPMENT,LLC &
PASSAGE HOME INC
PIN 1703920846 - 506 HOKE ST
PIN 1703828886 - 500 HOKE ST
PIN 1703920658 - 1412 GARNER RD
PIN 1703922815 - 1402 GARNER RD
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: 10-13-2023 SCALE: 1" = 40'
PREPARED FOR: APTUS MANAGEMENT, PLLC
Revisions:
No. Date Description
01 11-14-2023 Comments
Project number: G19057 Sheet:
Date: 10-13-2023
Drawn by: NMH 3 of 4
Checked by: JMS

AMENDMENT TO EXHIBIT 2 DATA TABLES
CL
(n
N
M
N
O
N
0
z
P_
rn
rn
0
N
U
0
o_
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 (JULY 2023).
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Arsenic
SB-16
4-6
12/1/2022
2.93
0.68
SB-17/SB-DUP
2-4
1.43/1.85
SB-18
0-2
1,55
SB-19
0-2
1.46
SB-20
2-4
2,58
SB-21
4-5
1.41
SB-23
3-4
1.73
Benzo(a)pyrene
SB-16
4-6
0.372 J
0.11
SB-22
3-4
0.288 J
SB-23
3-4
0,496
Benzo h' i)
(g' pe lene
SB-16
4-6
0.222 J
NSE
SB-18
0-2
0.0371 J
SB-22
3-4
0.456
SB-23
3-4
1.21
Chromium,
Hexavalent
SB- l 6
4-6
0.753
0.31
SB-17/SB-DUP
2-4
0.513 J/0.821
SB-18
0-2
0.993
SB-20
2-4
1.19
SB-21
2-5
0.455 J
SB-22
3-4
0,693
SB-23
3-4
3.31
4-Iso ro yltoluene
SB-17
2-4
12/1/2022
0.0247
NSE
Lead2
SB-20
2-4
445
400
SB-23
3-4
950
Phenanthrene
SB-22
3-4
0.290 J
NSE
SB-23
3-4
0 110 J
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 LIFE77ME INCREMENTAL CANCER RISK.
2SAMPLE SB-23 WAS ALSO SUBMITTED FOR ANALYSIS BY THE TOXIC CHARACTERIS77C LEACHING PROCEDURE (TCLP)
METHOD AND WAS FOUND TO CONTAIN LEACHABLE LEAD AT A CONCENTRATION OF 6.27 MILLIGRAMS PER LITER
(MG/L) IN EXCESS OF THE LEAD THRESHOLD LEVEL OF 5.0 MILLIGRAMS PER LITER (MG/L).
J - COMPOUND WAS DETECTED ABOVE THE LABORATORY METHOD DETECTION LIMIT, BUT BELOW THE LABORATORY
REPORTING LIMIT RESULTING IN A LABORATORY ESTIMATED CONCENTRATION.
NSE - NO SCREENING LEVEL ESTABLISHED
PG
EXTERIOR SOIL GAS
EXTERIOR SOIL GAS CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH ARE DERIVED
FROM RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (JULY 2023):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µ /m3)
Residential
Screening
Level'
(µ /m3)
Benzene
SG-2
12/5/2022
17
12
Ethanol
SG-1
26
NSE
SG-4
10 J
4-Eth rltoluene
SG-2
19 CN
Trichlorofluoromethane
SG-2
1.3 J
SG-4
1.3 J
2,2,4-Trimethylpentane
SG-1
21
SG-2
96
SG-4
3.9 J
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.
ACETONE WAS DETECTED IN EVERY EXTERIOR SOIL GAS SAMPLE COLLECTED, HOWEVER, BECAUSE ACETONE IS A
COMMON ANALYTICAL LABORATORY INTRODUCED COMPOUND, THE SOIL GAS SCREENING LEVEL (SGSL) FOR ACETONE
IS NO LONGER BEING PUBLISHED. THE MOST RECENT RESIDENTIAL SGSL FOR ACETONE WAS 220,000 MG/M3 AND
NONE OF THE DETECTED CONCENTRATIONS EXCEEDED THIS LEVEL. THEREFORE, ACETONE DATA ARE NOT
SUMMARIZED ON THIS TABLE, BUT REMAIN AVAILABLE IN THE REPORTS RELATED TO THIS BROWNFIELDS PROPERTY.
CN -THE PRESENCE OF A CLOSELY ELUTING NON -TARGET PEAK IN SAMPLE SG-2 IS INTERFERING WITH THE
QUANTITATION MASS ION FOR 4-ETHYLTOLUENE. THE REPORTED 4-ETHYLTOLUENE CONCENTRATION IS FLAGGED WITH
A "CN" FLAG TO INDICATE A HIGH BIAS DUE TO MATRIX CONTRIBUTION.
J - COMPOUND WAS DETECTED ABOVE THE LABORATORY METHOD DETECTION LIMIT, BUT BELOW THE LABORATORY
REPORTING LIMIT RESULTING IN A LABORATORY ESTIMATED CONCENTRATION.
NSE - NO SCREENING LEVEL ESTABLISHED
SUB —SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential
Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3)
Residential
Screening
Level'
( /m3
Ethanol
SS-5
12/5/2022
51
NSE
SS-6
55
SS-7
720
SS-8/SS-DUP
5101510
4-Ethyltoluene
SS-5
1.4 J CN
SS-8/SS-DUP
4.7/4.3 J CN
Trichlorofluoromethane
SS-5
1.8 J
SS-6
1.9 J
SS-7
1.2 J
SS-8 DUP
1.3 J
2,2,4-Trimethyl cntanc
SS-8/SS-DUP
24/22
11; 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 LIFE77ME INCREMENTAL CANCER RISK.
ACETONE WAS DETECTED IN EVERY SUB -SLAB SAMPLE COLLECTED, HOWEVER, BECAUSE ACETONE IS A COMMON
ANALYTICAL LABORATORY INTRODUCED COMPOUND, THE SOIL GAS SCREENING LEVEL (SGSL) FOR ACETONE IS NO
LONGER BEING PUBLISHED. THE MOST RECENT RESIDENTIAL SGSL FOR ACETONE WAS 220,000 MG/M3 AND NONE
OF THE DETECTED CONCENTRATIONS EXCEEDED THIS LEVEL. THEREFORE, ACETONE DATA ARE NOT SUMMARIZED ON
THIS TABLE, BUT REMAIN AVAILABLE IN THE REPORTS RELATED TO THIS BROWNFIELDS PROPERTY.
CN - THE PRESENCE OF A CLOSELY ELUTING NON -TARGET PEAK IN SAMPLES SS-5, SS-8 AND SS-DUP IS
INTERFERING WITH THE QUAN77TATION MASS ION FOR 4-ETHYLTOLUENE. THE REPORTED 4-ETHYLTOLUENE
CONCENTRATION IS FLAGGED WITH A "CN" FLAG TO INDICATE A HIGH BIAS DUE TO MATRIX CONTRIBUTION.
J - COMPOUND WAS DETECTED ABOVE THE LABORATORY METHOD DETECTION LIMIT, BUT BELOW THE LABORATORY
REPORTING LIMIT RESULTING IN A LABORATORY ESTIMATED CONCENTRATION.
NSE - NO SCREENING LEVEL ESTABLISHED
N C A R10.
a SEA 7
• �- v 0 �:
4
�'•�•� p •
EN I
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
(1) BRANCH ST
NORTH
N.T.S.
W
1-9
HOKE ST
n
o z
o
SITE
Title: EXHIBIT B
TO THE NOTICE OF
BROWNFIELDS PROPERTY -
AMENDED SURVEY PLAT
BROWNFIELDS PROJECT NAME:
HOKE STREET PASSAGE HOME
BROWNFIELDS PROJECT #:
21007-17-092
PROSPECTIVE DEVELOPER / OWNER:
HOKE STREET PH
REDEVELOPMENT,LLC &
PASSAGE HOME INC
PIN 1703920846 - 506 HOKE ST
PIN 1703828886 - 500 HOKE ST
PIN 1703920658 - 1412 GARNER RD
PIN 1703922815 - 1402 GARNER RD
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: 10-13-2023 SCALE: 1" = 40'
PREPARED FOR: APTUS MANAGEMENT, PLLC
Revisions:
No. Date Description
01 11-14-2023 Comments
Project number: G19057 Sheet:
Date: 10-13-2023
Drawn by: NMH 4 of 4
Checked by: JMS

Exhibit C
Legal Description
Brownfields Project Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
That certain tract or parcel of land situated, lying and being in the City of Raleigh, County of
Wake, State of North Carolina and being more particularly described as follows:
BEGINNING AT COMPUTED POINT (P.O.B.) LOCATED ON THE SOUTHERN RIGHT OF
WAY OF HOKE STREET AT THE INTERSECTION WITH THE 46' RAILROAD SPUR
RIGHT OF WAY AND HAVING NORTH CAROLINA GRID (NAD83/2011) COORDINATES
OF NORTH 732940.2458, EAST 2108819.1217; THENCE ALONG THE SOUTHERN RIGHT
OF WAY OF HOKE STREET S89000'50"E 315.98 FEET TO A 1" IRON PIPE FOUND;
THENCE S89005'00"E 149.63 FEET TO A PK NAIL FOUND ON THE WESTERN RIGHT OF
WAY FOR GARNER ROAD; THENCE ALONG SAID WESTERN RIGHT OF S26° 1 T35"E
26.50 TO A PK NAIL FOUND; THENCE SO1 °08'39"E 126.16 FEET TO A DISTURBED
CONCRETE MONUMENT FOUND; THENCE SO 1021'20"E 205.07 FEET TO A COMPUTED
POINT, THE COMMON CORNER WITH MOUNT PEACE BAPTIST CHURCH (DEED
BOOK 18992, PAGE 1817), THENCE ALONG THE COMMON LINE WITH MOUNT
PEACE N88030'31 "W 493.93 FEET TO A COMPUTED POINT LOCATED ON THE
EASTERN RIGHT OF WAY OF THE RAILROAD SPUR; THENCE ALONG SAID
EASTERN RIGHT OF WAY NOI°29'35"E 350.00 TO THE P.O.B., CONTAINING 170,754
SQUARE FEET OR 3.920 ACRES.
21007-17-092/Hoke Street Passage Home Amendment/17Nov2023