20063_NCravenStRR_PCPkg_20231117

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: North Carven Street Railroad and Bulk Oil Storage Yard
Brownfields Project Number: 20063-16-025
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 November 24, 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
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
North Craven Street/20063-16-025/17Nov2023

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: North Craven Street Railroad and Bulk Oil Storage Yard
Brownfields Project Number: 20063-16-025
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, East Front Street Partners, LLC, 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 North Craven Street north of the intersection with Queen Street, New Bern, Craven County,
North Carolina. The Brownfields Property is bounded by vacant former industrial land to the north, the Neuse
River to the east, residential development to the south, and a railyard to the west. The Brownfields Property,
which is the former site of a lumber yard and sawmill, a railroad storage yard and warehouse, with rail lines
extending across portions of the Brownfields Property, and bulk oil storage consists of approximately 3.98 acres.
Environmental contamination exists on the Brownfields Property in soil. East Front Street Partners, LLC has
committed itself to redevelop the Brownfields Property for no uses other than high -density residential, potential
townhome development, retail, associated parking, and subject to DEQ's prior written approval, other commercial
uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement
between DEQ and East Front Street Partners, LLC, 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 New Bern -Craven County
Public Library at 400 Johnson Street, New Bern, NC 28560 by contacting Pam Jenkins at [phone] or at
pam.jenkins(&1m. ccprl.org; or at the offices of the N.C. Brownfields Program, 217 West Jones Street, Raleigh, NC
or by contacting Shirley Liggins at that address, at shirley.liggins&ncdetingov, or at [phone]. 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 20063-16-025 into the search bar at the following web
address:https:Hedocs.deq.nc.gov/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 November 24, 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 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
North Craven Street/20063-16-025/17Nov2023

Property Owner: East Front Street Partners, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page _
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: North Craven Street Railroad and Bulk Oil Storage Yard
Brownfields Project Number: 200643-16-025
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by East
Front Street Partners, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at North Craven Street in New Bern, Craven County,
North Carolina. It is an approximately 3.98 acre site located north of the intersection of Craven
Street and Queen Street. The Brownfields Property is the former site of a lumber yard and sawmill,
a railroad storage yard and warehouse, with rail lines extending across portions of the Brownfields
North Craven St/20063-16-025/17Nov2023

Property, and bulk oil storage. Soil at the Brownfields Property is impacted with metals. The
Prospective Developer has committed itself to redevelop the Brownfields Property for no uses
other than high -density residential, potential townhome development, retail, associated parking,
and subject to DEQ's prior written approval, other commercial uses..
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants. Exhibit 3 consists of the North Carolina
Brownfields Program, Minimum Requirements for Townhome Developments (May 2020).
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 15 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:
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
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use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high -density
residential, potential townhome development, retail, associated parking, 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 are
prohibited; townhomes, duplexes, or other units with private ownership of yards are prohibited
unless approved in writing by DEQ in advance.
ii. "Townhome" is defined as a residential unit that is privately owned and is
attached to one or more similar privately owned units via one or more common walls. It may
include a small amount of land ownership beyond the building footprint, such as a courtyard.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, open air
markets, festivals, food halls, and the sales of food and beverage products, including from mobile
establishments such as food trucks.
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, with the exception of educational space and childcare facilities.
b. Prior to constructing and/or marketing townhomes on the Brownfields Property, all
owner(s) who construct and/or market townhomes on the Brownfields Property must comply, to
DEQ's written satisfaction, with DEQ's North Carolina Brownfields Program, Minimum
Requirements for Townhome Developments attached hereto as Exhibit 3.
c. Townhome redevelopment of the Brownfields Property may only occur in the area
designated "Townhome Redevelopment Area" on the plat component of the Notice referenced in
paragraph 20 below, and such use may not occur unless and until DEQ determines in writing that
all requirements in this Agreement pertaining to a particular townhome use, including without
limitation the requirements set forth in paragraph 15.b. above, are completed to DEQ's written
satisfaction.
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d. Prior to the sale to a residential user of any townhome dwelling constructed or to be
constructed on the Brownfields Property, the Prospective Developer shall cause the Brownfields
Property to be subject to a declaration of covenants, conditions, and restrictions, or a functionally
equivalent instrument recorded or to be recorded in the Craven County Public Registry (the
"Declaration"), and shall also establish or, if an existing homeowners' association is extended to
serve the Brownfields Property, participate in a homeowners' association, a lot owners'
association, or similar entity associated with the Brownfields Property ("Property Association")
consistent with the Declaration and ensure it is initialized with resources consistent with
subparagraph 15.d.5. below.
1. The Declaration shall provide that all owners of all or part of the Brownfields
Property shall strictly comply with the terms and conditions of this Agreement and the Notice of
Brownfields Property referenced below in paragraph 20.
2. For the purposes of N.C.G.S. § 130A-310.35(f), which authorizes various
persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the land use
restrictions as an owner of land and as a person eligible for liability protection pursuant to the
Act. Further, the Declaration shall provide that the Property Association has the authority
and obligation to administer and enforce the land use restrictions on behalf of all lot owners and
members of the Property Association.
3. The Declaration shall provide the Property Association the authority and
obligation, to the extent permissible under North Carolina law, to treat any violation of the terms
and conditions of this Agreement or of the Notice of Brownfields Property referenced below in
paragraph 20 by any owner of any part of the Brownfields Property as a violation of the
Declaration and to undertake any and all enforcement remedies provided in the Declaration for
such a violation. The Declaration shall provide that, in the event a violation of this Agreement or
the Notice of Brownfields Property referenced below in paragraph 20 by any owner of any part
of the Brownfields Property becomes known to the Property Association, the Property
Association shall undertake reasonable enforcement actions to correct said violation.
Furthermore, the Declaration shall specifically provide that failure by any owner of any part of
the Brownfields Property to remedy or correct such violations of this Agreement and the Notice
of Brownfields Property referenced below in paragraph 20 after any applicable notice and cure
periods to the reasonable satisfaction of DEQ could result in that owner's loss of liability
protection afforded by this Agreement and the Act.
4. The Declaration shall provide that the Property Association will notify DEQ of
violations of this Agreement or the Notice of Brownfields Property referenced below in
paragraph 20 by any owner of any part of the Brownfields Property and any associated
enforcement actions taken or planned within thirty (30) days of such violation becoming known
to the Property Association.
5. The Declaration shall provide that the Property Association maintain a cash
reserve dedicated for use in undertaking the obligations set forth in this Agreement,
including, without limitation, potential legal fees. The cash reserve shall initially be maintained
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at not less than Thirty Thousand Dollars ($30,000) Dollars, and shall be increased in the future as
deemed necessary by the Property Association in order to ensure its obligations to enforce the
land use restrictions (including, but not limited to, enforcing or ensuring cap maintenance) can be
carried out. The amount of the cash reserve may be decreased with DEQ's prior written consent,
which shall not be unreasonably withheld, conditioned, or delayed.
6. The portions of the Declaration, and the portions of the bylaws of the Property
Association, pertaining to the subject matter of this subparagraph 15.d. shall be submitted to
DEQ for review and approval as to the subject matter of this subparagraph 15.d., of which such
approval shall not be unreasonably withheld, conditioned, or delayed, and shall be deemed
approved if DEQ does not respond to such submittal within thirty (30) business days.
7. The Declaration shall further provide that the Property Association will be
responsible for submission of copies of deeds and other instruments of conveyance, on behalf of
the owners, to the persons listed in Section XV (Notices and Submissions) of this Agreement in
accordance with paragraphs 21 and 22 below.
e. All owners of townhomes or individually owned units that include land ownership
shall remain subject to and abide by the Declaration referenced in subparagraph 15.d.
f. If townhomes are leased or rented as apartments, such residential units shall only be
occupied by residents under lease or rental agreement, and shall not be sold to individual owners
for occupation or subletting. At the discretion of DEQ, conditioned on prior written DEQ review
and approval of a private ownership plan that includes conditions DEQ may impose, without
limitation, for enhanced land use restriction enforceability and fees to offset the cost to the state,
the units may be approved for individual sale.
g. Any excavation for construction below the demonstrably clean fill in the area denoted
on the plat component, including for utility lines, in the area denoted on the plat component of
the Notice of Brownfields Property referenced in paragraph 20 below as
"Excavation/Construction Exclusion Area" must be conducted under a DEQ-approved
Environmental Management Plan (EMP) required by this Section including provisions for
screening and managing any excavated soils for lead and arsenic.
h. No use of the Brownfields Property may occur until the prospective developer, or other
Brownfields Property owner developing residences for individual ownership, conducts
representative final grade soil sampling of any area within the Brownfields Property pursuant to
a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or
asphaltic or concrete parking areas and driveways. The plan may be incorporated into the
Environmental Management Plan required by subparagraph 15.j. below.
i. The Brownfields Property may not be used as a playground, or for child care centers or
schools, except in areas where sampling has shown that clean soils are present, or at least three
feet of demonstrably clean fill, or another cover approved in writing in advance by DEQ, are
installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction on the plat
component of the Notice referenced below in paragraph 20, maintained, and left undisturbed
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other than through normal playground, child care center or school use.
j. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, 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 8 above and any
contamination discovered during the additional activities required by paragraphs 14 and
subparagraph 15.g. 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.
k. 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
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required manifests shall be included).
1. Groundwater at the Brownfields Property may not be used for any purpose, other than
in connection with legally compliant storm water collection and reuse techniques, without the
prior written approval of DEQ.
in. No use may be made of the areas known to be impacted with elevated metals
"Excavation/Construction Exclusion Area" of the Brownfields Property as denoted on the plat
component of the Notice of Brownfields Property, referenced in paragraph 20 below, without the
prior written approval of DEQ, except in areas where an underlying geotextile material and a cap
consisting of a minimum of three (3) feet of compacted, demonstrably clean fill (as demonstrated
through pre -installation sampling and geotechnical testing) in accordance with the design plans
referenced below in this paragraph, or another cover approved in writing in advance by DEQ, is
installed to DEQ's written satisfaction. Areas outside of the "Excavation/Construction Exclusion
Area" shall be covered with vegetative cover, asphalt, concrete, or building foundations such that
DEQ concludes in writing that the Brownfields Property is suitable for the uses specified in
subparagraph 15.a. above and that public health and the environment are fully protected, and
shall be maintained, and left undisturbed other than through normal use.
n. When soil at the Brownfields Property is capped, a written report verifying cap
installation, compaction and final grade thickness and elevations, and summarizing any sampling
or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings
or other impermeable surfaces prior to the Brownfields Property reuse, as well as a plan for the
cap's inspection and maintenance, shall be submitted to DEQ no later than 30 days following
installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's
written satisfaction within 30 days after DEQ provides written notice of such deficiencies. The
then owner shall maintain said vegetative or other cover as defined in 15.m. above, and the cap
as defined in this subparagraph, per said plan to DEQ's written satisfaction.
o. 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 subparagraph 15.j. above.
p. No activity that disturbs soil on the Brownfields may occur unless and until DEQ states
in writing, in advance of the proposed activity, that said activity may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for
the uses specified in subparagraph 15.a. above while fully protecting public health and the
environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
iimowing 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
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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 above in subparagraph 15.j.
q. No use of the Brownfields Property may occur until the then owner of the Brownfields
Property conducts representative final grade soil sampling of any area within the Brownfields
Property on the plat component of the Notice of Brownfields Property described below in
paragraph 20 pursuant to a plan approved in writing by DEQ that is not covered by building
foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
r. 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.
s. 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 Craven County land records,
Book , Page " A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this subparagraph:
(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 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 Section XV.
t. 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 as modified by DEQ in
writing if additional contaminants (and/or contaminant concentrations) 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.
u. The Brownfields Property may not be used for ground -contact sports of any kind,
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including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
v. The Brownfields Property may not be used for dog runs, kennels, private animal pens,
or horse -riding unless approved in writing in advance by DEQ.
w. Any landscaping shall not disturb native soil at the Brownfields Property, and any
gardens for the purpose of growing vegetables, flowers, or other crops shall be constructed in
raised beds and not disturb native soil at the Brownfields Property, unless compliance with this
land use restriction is waived in writing in advance by DEQ.
x. 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 Craven County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Craven County Register of Deeds office and that the land use restrictions are
being complied with. 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;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone) installed
pursuant to subparagraphs 15.m and 15.n. above are intact, uncompromised, and whether there
has been any erosion of the cover or cap, or other condition of the cover or cap that required or
requires repair pursuant to subparagraph 15.n. to prevent exposure to soil beneath the cover or
cap;
iv. 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;
v. A LURU submitted for rental units shall include 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 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; and
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vi. A property owners' association or other entity may perform this LURU's
duties, on behalf of some or all owners of the Brownfields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument satisfactory
to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile
numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be
submitted.
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 35.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.
North Craven St/20063-16-025/17Nov2023
10

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_.
Un
NORTH CAROLINA
COUNTY
East Front Street Partners, LLC
Patrick B. Mitchell
Principal Officer
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:
North Craven St/20063-16-025/17Nov2023
11

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
North Craven St/20063-16-025/17Nov2023
12

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: East Front Street Partners, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project # 20063-16-025
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
North Craven Street Railroad and
Bulk Oil Storage Yard
North Craven Street
New Bern, Craven County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and East Front Street Partners, LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the property located on North Craven Street, New Bern, Craven 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.
East Front Street Partners, LLC is a member -managed limited liability company
organized in the State of North Carolina on July 19, 2016. Their main office is located at 5175
Trent Woods Dr, Trent Woods, North Carolina, 28562, and their principal officer is Patrick
Mitchell.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
NCravenStRR/20063-16-025/17Nov2023

and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of East Front Street Partners, LLC for contaminants at the Brownfields
Property.
The Parties agree that East Front Street Partners, LLC's entry into this Agreement, and
the actions undertaken by East Front Street Partners, LLC in accordance with the Agreement, do
not constitute an admission of any liability by East Front Street Partners, LLC for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
East Front Street Partners, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean East Front Street Partners, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling 3.98 acres (Parcel ID No. 8-
003-241-A) and is located along North Craven Street north of the intersection with Queen Street
in New Bern. The Neuse River abuts the eastern edge of this parcel. The Prospective Developer
has committed to redevelopment of the Brownfields Property for no uses other than high -density
residential, which may include townhomes, associated parking, and subject to DEQ's prior
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written approval, other commercial uses.
4. The Brownfields Property is bordered to the north by the approximately 25-acre Coastal
Lumber Brownfields Property (Brownfields Project No. 16015-12-025) currently owned by
Craven Street Partners, LLC, beyond which is Dunn Road; to the east by the Neuse River; to the
south by the River Station residential development, Salvation Army property, and a vacant
commercial parcel; and to the west by North Craven Street, beyond which is property owned by
the North Carolina Railroad Company.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment,
North Craven Street, Parcel ID # 8-003-241-
The EI Group, Inc.
October 9, 2015
A, New Bern, North Carolina
Limited Phase II Environmental Assessment
Report, 4-Acre Parcel, North Craven Street,
The EI Group, Inc.
August 19, 2016
Parcel ID# 8-003-241-A, New Bern, North
Carolina
BFP Assessment Addendum 4-acre parcel
The EI Group, Inc.
(ID# 8-003-241-A) North Craven Street, New
December 14, 2017
Bern, North Carolina
BFP Soil Sampling and Characterization
Report, 4-acre Parcel (ID#8-003-241-A),
The EI Group, Inc.
May 18, 2018
North Craven Street, New Bern, North
Carolina
Removal Action Work Plan (Rev.1), North
Craven Street Railroad and Bulk Oil Storage
The EI Group, Inc.
February 21, 2020
Yard, North Craven Street, New Bern, NC
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer and information contained in N.0 Division of Waste Management files as
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to the use and ownership of the Brownfields Property:
a. Historical usage of the eastern portion Brownfields Property prior to 1885 until
at least the late 1880s was as a lumber yard and sawmill, and railroad storage yard and
warehouse to approximately 1904 to 1908. Rail lines extended across portions of the
Brownfields Property. At that time evidence of a bulk oil storage facility and fertilizer company
with large capacity above ground storage tanks (ASTs) were noted. This use continued until
sometime between 1953 and 1961. The structures were demolished after this time.
b. The Brownfields Property has existed as undeveloped partially grassed and
partially wooded land from about the 1960s until present.
c. The Brownfields Property was owned by the North Carolina Railroad Company
from an unknown initial ownership date until it was sold to the State of North Carolina
Department of Administration in June 2014.
d. Adjacent and nearby properties have been in active railroad use for at least an
estimated 75 years, although the uses were restricted to railroad maintenance and storage yards.
e. East Front Street Partners, LLC purchased the Brownfields Property from the
State of North Carolina Department of Administration on October 14, 2016. The Brownfields
Property has not been occupied and has remained vacant since purchased the Brownfields
Property.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property has had multiple industrial uses from at least 1885,
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which have included a sawmill and potential fertilizer manufacturing and storage, bulk fuel
storage, and railroad yard and storage.
b. A ground penetrating radar survey was performed over the areas of the
Brownfields Property believed to have been occupied by ASTs and potentially underground
storage tanks (USTs). This survey did not report the presence of underground structures.
c. The Coastal Lumber Brownfields Property is contiguous to the north of this
Brownfields Property. Known contaminants on that adjoining property include: arsenic,
benzo(a)anthracene, benzo(a)pyrene, chromium, dibenz(a,h)anthracene, and lead.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 11, 2018. The table set forth in Exhibit 2 to this
Agreement presents contaminants present at the Brownfields Property above applicable
standards or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated August 23, 2016, and on
October 14, 2016, purchasing the Brownfields Property.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
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substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $20,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IN
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IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of temporary construction jobs during redevelopment and
temporary jobs after completion of the redevelopment;
d. an increase in tax revenue for affected jurisdictions;
e. Additional high -density residential, potentially townhomes, associated parking,
and subject to DEQ's prior written approval, other commercial uses; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
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and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation described in the DEQ-conditionally approved Remedial Action Work Plan (Rev.1)
(EI, November 10, 2023), DEQ-approved edits to such work plan, and any other remediation that
may be required pursuant to a DEQ-approved Environmental Management Plan (EMP) required
by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high -density
residential, potential townhome development, retail, associated parking, 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,
N.
NCravenStRR/20063-16-025/17Nov2023

courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes, or other units with private ownership of yards are prohibited
unless approved in writing by DEQ in advance.
ii. "Townhome" is defined as a residential unit that is privately owned and
is attached to one or more similar privately owned units via one or more common walls. It may
include a small amount of land ownership beyond the building footprint, such as a courtyard.
iii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
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, with the exception of educational space and childcare
facilities.
b. Prior to constructing and/or marketing townhomes on the Brownfields
Property, all owner(s) who construct and/or market townhomes on the Brownfields Property
must comply, to DEQ's written satisfaction, with DEQ's North Carolina Brownfields
Redevelopment Section, Minimum Requirements for Townhome Developments attached hereto as
Exhibit 3
c. Townhome redevelopment of the Brownfields Property may only occur in the
I
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area designated "Townhome Redevelopment Area" on the plat component of the Notice
referenced in paragraph 20 below, and such use may not occur unless and until DEQ determines
in writing that all requirements in this Agreement pertaining to a particular townhome use,
including without limitation the requirements set forth in paragraph 15.b. above, are completed
to DEQ's written satisfaction.
d. Prior to the sale to a residential user of any townhome dwelling constructed or
to be constructed on the Brownfields Property, the Prospective Developer shall cause the
Brownfields Property to be subject to a declaration of covenants, conditions, and restrictions, or
a functionally equivalent instrument recorded or to be recorded in the Craven County Public
Registry (the "Declaration"), and shall also establish or, if an existing homeowners' association
is extended to serve the Brownfields Property, participate in a homeowners' association, a lot
owners' association, or similar entity associated with the Brownfields Property ("Property
Association") consistent with the Declaration and ensure it is initialized with resources consistent
with subparagraph 15.d.5. below.
1. The Declaration shall provide that all owners of all or part of the
Brownfields Property shall strictly comply with the terms and conditions of this Agreement and
the Notice of Brownfields Property referenced below in paragraph 20.
2. For the purposes of N.C.G.S. § 130A-310.35(f), which authorizes
various persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the land use
restrictions as an owner of land and as a person eligible for liability protection pursuant to the
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Act. Further, the Declaration shall provide that the Property Association has the authority
and obligation to administer and enforce the land use restrictions on behalf of all lot owners and
members of the Property Association.
3. The Declaration shall provide the Property Association the authority
and obligation, to the extent permissible under North Carolina law, to treat any violation of the
terms and conditions of this Agreement or of the Notice of Brownfields Property referenced
below in paragraph 20 by any owner of any part of the Brownfields Property as a violation of the
Declaration and to undertake any and all enforcement remedies provided in the Declaration for
such a violation. The Declaration shall provide that, in the event a violation of this Agreement or
the Notice of Brownfields Property referenced below in paragraph 20 by any owner of any part
of the Brownfields Property becomes known to the Property Association, the Property
Association shall undertake reasonable enforcement actions to correct said violation.
Furthermore, the Declaration shall specifically provide that failure by any owner of any part of
the Brownfields Property to remedy or correct such violations of this Agreement and the Notice
of Brownfields Property referenced below in paragraph 20 after any applicable notice and cure
periods to the reasonable satisfaction of DEQ could result in that owner's loss of liability
protection afforded by this Agreement and the Act.
4. The Declaration shall provide that the Property Association will notify
DEQ of violations of this Agreement or the Notice of Brownfields Property referenced below in
paragraph 20 by any owner of any part of the Brownfields Property and any associated
11
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enforcement actions taken or planned within thirty (30) days of such violation becoming known
to the Property Association.
5. The Declaration shall provide that the Property Association maintain a
cash reserve dedicated for use in undertaking the obligations set forth in this Agreement,
including, without limitation, potential legal fees. The cash reserve shall initially be maintained
at not less than Thirty Thousand Dollars ($30,000) Dollars, and shall be increased in the future as
deemed necessary by the Property Association in order to ensure its obligations to enforce the
land use restrictions (including, but not limited to, enforcing or ensuring cap maintenance) can be
carried out. The amount of the cash reserve may be decreased with DEQ's prior written consent,
which shall not be unreasonably withheld, conditioned, or delayed.
6. The portions of the Declaration, and the portions of the bylaws of the
Property Association, pertaining to the subject matter of this subparagraph 15.d. shall be
submitted to DEQ for review and approval as to the subject matter of this subparagraph 15.d., of
which such approval shall not be unreasonably withheld, conditioned, or delayed, and shall be
deemed approved if DEQ does not respond to such submittal within thirty (30) business days.
7. The Declaration shall further provide that the Property Association will
be responsible for submission of copies of deeds and other instruments of conveyance, on behalf
of the owners, to the persons listed in Section XV (Notices and Submissions) of this Agreement
in accordance with paragraphs 21 and 22 below.
e. All owners of townhomes or individually owned units that include land
ownership shall remain subject to and abide by the Declaration referenced in subparagraph 15.d.
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f. If townhomes are leased or rented as apartments, such residential units shall
only be occupied by residents under lease or rental agreement, and shall not be sold to individual
owners for occupation or subletting. At the discretion of DEQ, conditioned on prior written DEQ
review and approval of a private ownership plan that includes conditions DEQ may impose,
without limitation, for enhanced land use restriction enforceability and fees to offset the cost to
the state, the units may be approved for individual sale.
g. Any excavation for construction below the demonstrably clean fill in the area
denoted on the plat component, including for utility lines, in the area denoted on the plat
component of the Notice of Brownfields Property referenced in paragraph 20 below as
"Excavation/Construction Exclusion Area" must be conducted under a DEQ-approved
Environmental Management Plan (EMP) required by this Section including provisions for
screening and managing any excavated soils for lead and arsenic.
h. No use of the Brownfields Property may occur until the prospective developer,
or other Brownfields Property owner developing residences for individual ownership, conducts
representative final grade soil sampling of any area within the Brownfields Property pursuant to
a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or
asphaltic or concrete parking areas and driveways. The plan may be incorporated into the
Environmental Management Plan required by subparagraph 15 J. below.
i. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where sampling has shown that clean soils are present, or at
least three feet of demonstrably clean fill, or another cover approved in writing in advance by
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DEQ, are installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction on the
plat component of the Notice referenced below in paragraph 20, maintained, and left undisturbed
other than through normal playground, child care center or school use.
j. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, 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 8 above and any
contamination discovered during the additional activities required by paragraphs 14 and
subparagraph 15.g. 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
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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.
k. 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 required manifests shall be included).
1. Groundwater at the Brownfields Property may not be used for any purpose, other
15
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than in connection with legally compliant storm water collection and reuse techniques, without the
prior written approval of DEQ.
in. No use may be made of the areas known to be impacted with elevated metals
"Excavation/Construction Exclusion Area" of the Brownfields Property as denoted on the plat
component of the Notice of Brownfields Property, referenced in paragraph 20 below, without the
prior written approval of DEQ, except in areas where an underlying geotextile material and a cap
consisting of a minimum of three (3) feet of compacted, demonstrably clean fill (as demonstrated
through pre -installation sampling and geotechnical testing) in accordance with the design plans
referenced below in this paragraph, or another cover approved in writing in advance by DEQ, is
installed to DEQ's written satisfaction. Areas outside of the "Excavation/Construction Exclusion
Area" shall be covered with vegetative cover, asphalt, concrete, or building foundations such that
DEQ concludes in writing that the Brownfields Property is suitable for the uses specified in
subparagraph 15.a. above and that public health and the environment are fully protected, and
shall be maintained, and left undisturbed other than through normal use.
n. When soil at the Brownfields Property is capped, a written report verifying cap
installation, compaction and final grade thickness and elevations, and summarizing any sampling
or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings
or other impermeable surfaces prior to the Brownfields Property reuse, as well as a plan for the
cap's inspection and maintenance, shall be submitted to DEQ no later than 30 days following
installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's
written satisfaction within 30 days after DEQ provides written notice of such deficiencies. The
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then owner shall maintain said vegetative or other cover as defined in 15.m. above, and the cap
as defined in this subparagraph, per said plan to DEQ's written satisfaction.
o. 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 subparagraph 15.j. above.
p. No activity that disturbs soil on the Brownfields may occur unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in subparagraph 15.a. above while fully protecting public health
and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.j.
q. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property on the plat component of the Notice of Brownfields Property described
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below in paragraph 20 pursuant to a plan approved in writing by DEQ that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
r. 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.
s. 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 Craven County land
records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
subparagraph: (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
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 Section XV.
t. None of the contaminants known to be present in the environmental media at
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the Brownfields Property, as described in Exhibit 2 to this Agreement and as modified by DEQ
in writing if additional contaminants (and/or contaminant concentrations) 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.
u. The Brownfields Property may not be used for ground -contact sports of any
kind, including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
v. The Brownfields Property may not be used for dog runs, kennels, private
animal pens, or horse -riding unless approved in writing in advance by DEQ.
w. Any landscaping shall not disturb native soil at the Brownfields Property, and
any gardens for the purpose of growing vegetables, flowers, or other crops shall be constructed
in raised beds and not disturb native soil at the Brownfields Property, unless compliance with
this land use restriction is waived in writing in advance by DEQ.
x. 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
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DEQ, and to the chief public health and environmental officials of Craven County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Craven County Register of Deeds office and that the land use
restrictions are being complied with. 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;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone)
installed pursuant to subparagraphs 15.m and 15.n. above are intact, uncompromised, and
whether there has been any erosion of the cover or cap, or other condition of the cover or cap that
required or requires repair pursuant to subparagraph 15.n. to prevent exposure to soil beneath the
cover or cap;
iv. 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;
20
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v. A LURU submitted for rental units shall include 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 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; and
vi. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
16. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
21
NCravenStRR/20063-16-025/17Nov2023

modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.r. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Craven
22
NCravenStRR/20063-16-025/17Nov2023

County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Craven County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
23
NCravenStRR/20063-16-025/17Nov2023

any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated August 23, 2016, by which it applied for this
Agreement. That use is for high -density residential, potential townhome development, retail,
associated parking, and subject to DEQ's prior written approval, other commercial uses.
24
NCravenStRR/20063-16-025/17Nov2023

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.
IX. DEV S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
25
NCravenStRR/20063-16-025/17Nov2023

that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
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
26
NCravenStRR/20063-16-025/17Nov2023

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.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et sue.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
27
NCravenStRR/20063-16-025/17Nov2023

XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in 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.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
W.
NCravenStRR/20063-16-025/17Nov2023

subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
29
NCravenStRR/20063-16-025/17Nov2023

change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
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:
Patrick B. Mitchell (or successor in function)
East Front Street Partners, LLC
5175 Trent Woods Drive
Trent Woods, NC 28562
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
30
NCravenStRR/20063-16-025/17Nov2023

approval and certification of this Agreement, and invalidate its signature on this Agreement.
31
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XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
32
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XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Director, Division of Waste Management
IT IS SO AGREED:
East Front Street Partners, LLC
Patrick B. Mitchell
Principal Officer
33
Date
NCravenStRR/20063-16-025/17Nov2023

EXHIBIT I
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FIGURE NUMBER: 1 SITE LOCATION MAP
QUAD: 2014, New Bern, NC North Craven Street
PROJECT NUMBER: ENMO150155.01 (Parcel ID 8-003-241-A)
New Bern, North Carolina
SCALE: As Shown
4�

Exhibit 2
Brownfields Property Name: North Craven Street Railroad & Bulk Oil Storage Yard
Brownfields Project Number: 20063-16-025
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 11, 2018. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the 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.
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
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Contaminant
Location
Sample
Depth
(ft)
Date n
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level
(mg/kg)
Acenaphthylene
11131
3.0-4.0
11/10/2015
0.13J
NSE
SB-WT3
3.0 - 3.5
6/6/2017
0.14J
SB-WT4
3.0 - 3.5
6/6/2017
0.21J
SB-WT5
3.0 - 3.5
6/6/2017
0.51J
Arsenic
SB-WT1
3.0 - 3.5
6/6/2017
8.5
0.68
SB-WT2
3.0 - 3.5
6/6/2017
7.3
SB-WT3
3.0 - 3.5
6/6/2017
4.7
SB-WT4
3.0 - 3.5
6/6/2017
11
SB-WT5
3.0 - 3.5
6/6/2017
72
SB-WT6
3.0 - 3.5
6/6/2017
3.6
SB-WT7
3.0 - 3.5
6/6/2017
45
IA-1
3.0 - 4.0
11/10/2015
2.7
IA-2
3.0 - 4.0
11/10/2015
1.5
IB-1
3.0 - 4.0
11/10/2015
76
IBC-1
3.0 - 4.0
11/10/2015
15
IC-2
3.0 - 4.0
11/10/2015
2.1
IC-3
3.0 - 4.0
11/10/2015
0.73
IIA1
3.0 - 4.0
11/10/2015
48
IIA2
3.0 - 4.0
11/10/2015
1.1
IIA3
3.0 - 4.0
11/10/2015
4.9
IIB 1
3.0 - 4.0
11/10/2015
3.4
II133
3.0 - 4.0
11/10/2015
4.7
NCravenStRR/20063-16-025/31 0ct2023

Contaminant
Location
Sample
Depth
(ft)
Date n
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level
(mg/kg)
Arsenic
IIC2
3.0 - 4.0
11/10/2015
0.71
0.68
IIC3
3.0 - 4.0
11/10/2015
1.3
IIIAI
3.0 - 4.0
11/10/2015
26
IIIA2
3.0 - 4.0
11/10/2015
5.1
HIM
3.0 - 4.0
11/10/2015
4.4
IIIB1
3.0 - 4.0
11/10/2015
9.8
IIIB3
3.0 - 4.0
11/10/2015
0.69
IIIC1
3.0 - 4.0
11/10/2015
21
IIIC2
3.0 - 4.0
11/10/2015
0.97
IIIC3
3.0 - 4.0
11/10/2015
1.1
IVAB4
3.0 - 4.0
11/10/2015
50
IVAB5
3.0 - 4.0
11/10/2015
7.4
VA1
3.0 - 4.0
11/10/2015
16
VA2
3.0 - 4.0
11/10/2015
4
VA3
3.0 - 4.0
11/10/2015
15
VB 1
3.0 - 4.0
11/10/2015
14
VB3
3.0 - 4.0
11/10/2015
14
VC1
3.0-4.0
11/10/2015
42
VC2
3.0 - 4.0
11/10/2015
18
VC3
3.0 - 4.0
11/10/2015
48
VIA1
3.0 - 4.0
11/10/2015
2.9
VIA2
3.0 - 4.0
11/10/2015
30
VIA3
3.0 - 4.0
11/10/2015
180
VIB1
3.0 - 4.0
11/10/2015
5.6
VIB3
3.0 - 4.0
11/10/2015
6.9
VIC1
3.0 - 4.0
11/10/2015
1.5
VIC2
3.0 - 4.0
11/10/2015
0.91
VIC3
3.0 - 4.0
11/10/2015
1.2
SB-1
3.0 - 4.0
10/15/2015
40
SB-3
3.0 - 4.0
10/15/2015
19
SB-4
3.0 - 4.0
10/15/2015
3
SB-5
3.0 4.0
10/15/2015
35
SB-6
3.0 4.0
10/15/2015
10
SB-7
3.0 - 4.0
10/15/2015
4.1
Benzo(a)anthracene
SB-WT4
3.0 - 3.5
6/6/2017
1.1
1.1
SB-WT5
3.0 - 3.5
6/6/2017
3.2
Benzo ( a )pYrene
SB-WT3
3.0 - 3.5
6/6/2017
0.62
0.11
SB-WT4
3.0 - 3.5
6/6/2017
1.3
NCravenStRR/20063-16-025/31W2023

Contaminant
Location
Sample
Depth
(ft)
Date n
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level
(mg/kg)
Benzo(a)pyrene
SB-WT5
3.0 - 3.5
6/6/2017
3.1
0.11
SB-WT6
3.0 - 3.5
6/6/2017
0.2J
SB-WT7
3.0 - 3.5
6/6/2017
0.4
IIB 1
3.0 - 4.0
11/10/2015
0.65
IIIA2
3.0 - 4.0
11/10/2015
0.21J
SB-2
3.0 - 4.0
10/15/2015
0.6
Benzo(b)fluoranthene
SB-WT4
3.0 - 3.5
6/6/2017
1.6
1.1
SB-WT5
3.0 - 3.5
6/6/2017
4.3
Benzo(g' h'pe lene i)
IIB 1
3.0 4.0
11/10/2015
0.52
NSE
IIIA2
3.0 - 4.0
11/10/2015
0.181
SB-6A
3.0 - 4.0
11/10/2015
0.26J
SB-WT3
3.0 - 3.5
6/6/2017
0.48
SB-WT4
3.0 - 3.5
6/6/2017
0.82
SB-WT5
3.0 - 3.5
6/6/2017
1.8
SB-WT6
3.0 - 3.5
6/6/2017
0.16J
SB-WT7
3.0 - 3.5
6/6/2017
0.25J
Dibenz(a,h)anthracene
SB-WT3
3.0 - 3.5
6/6/2017
0.12J
0.11
SB-WT4
3.0 - 3.5
6/6/2017
0.21
SB-WT5
3.0 - 3.5
6/6/2017
0.44J
IIB1
3.0-4.0
11/10/2015
0.11J
Indeno(1,2,3-cd)pyrene
SB-WT5
3.0 - 3.5
6/6/2017
2.1
1.1
Lead
G6-T1-A
3.0 - 3.5
6/6/2017
680
400
SB-WTI
3.0 - 3.5
6/6/2017
500
SB-WT5
3.0 - 3.5
6/6/2017
690
IIA3
3.0 - 4.0
11/10/2015
420
VAI
3.0 - 4.0
11/10/2015
1,100
VA3
3.0 - 4.0
11/10/2015
520
VB3
3.0 - 4.0
11/10/2015
1,100
VC1
3.0 - 4.0
11/10/2015
850
VC2
3.0 - 4.0
11/10/2015
500
VIA2
3.0 - 4.0
11/10/2015
1,400
VIA3
3.0 - 4.0
11/10/2015
1,500
VIB3
3.0 - 4.0
11/10/2015
730
SB-5
3.0 - 4.0
10/15/2015
590
Phenanthrene
IIB 1
3.0 - 4.0
11/10/2015
1.4
NSE
IIIA2
3.0 - 4.0
11/10/2015
0.28J
SB-6A
3.0 - 4.0
11/10/2015
0.44
SB-WT3
3.0 - 3.5
6/6/2017
0.67
NCravenStRR/20063-16-025/31W2023

Concentration
Residential
Sample
Date
Exceeding
Screening
Contaminant
Location
Depth
n
Sampling
Screening
Level
(ft)
Level
(mg/kg)
m /k
SB-WT4
3.0 - 3.5
6/6/2017
1.2
SB-WT5
3.0 - 3.5
6/6/2017
4.5
Phenanthrene
NSE
SB-WT6
3.0 - 3.5
6/6/2017
0.12J
SB-WT7
3.0 - 3.5
6/6/2017
0.30J
Petroleum
hydrocarbons, C9-C18
SB-6A
3.0 — 4.0
11/10/2015
891
20
ali hatics
Petroleum
hydrocarbons, C9-C10,
SB-6A
3.0 — 4.0
11/10/2015
458
62
aromatics
Petroleum
hydrocarbons, C 11-C22
SB-6A
3.0 — 4.0
11/10/2015
400
62
aromatics
1 Screening levels displayed for non -carcinogens are for hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for 1.0E-6 lifetime incremental cancer risk target
NSE — No screening level established
J — Estimated value between laboratory reporting limit and method detection limit
Bold font indicates the value also exceeds the Industrial/Commercial Health Based PSRG for that compound
NCravenStRR/20063-16-025/31 Oct2023

EXHIBIT 3
North Carolina Brownfields Program
Minimum Requirements for Townhome Developments
May 2020
The Brownfields Program recognizes that townhomes are becoming a more desirable redevelopment
option in many cities and towns, to the point that they are desired by planners and other local government
entities. However, townhomes pose major challenges to the Brownfields Program because separate units
are sold to individuals and each has a footprint on ground that may be subject to contaminant vapor
intrusion in the long term, as well as the possibility of individually owned yards, for which compliance by
LUR certification becomes inherently more difficult. History has shown that each of these possibilities
holds its own unique challenges for the program to meet its statutory mandate for suitable and safe use
because of the increased complexity of monitoring and enforcing Land Use Restrictions that protect public
health at townhomes. Therefore, the Brownfields Program has used its past experience to develop a set
of minimum requirements for townhome developments in order to meet these challenges. These
requirements apply at all townhome developments, with the potential for limited exceptions in certain
areas only, for example certain rural areas, where it has been demonstrated to DEQ's satisfaction that
there is no present or future threat from contaminant vapor intrusion. These requirements may be
updated periodically based on Program experience.
1) Townhome proposed sites require more comprehensive assessment data which will include, at a
minimum, the following:
a. Sufficient site groundwater assessment to understand the sources and/or nature of
potential vapor intrusion.
b. Soil shall be assessed to include both surficial and at depth if any Recognized
Environmental Conditions pertain to sources of Volatile Organic Compounds (VOCs).
c. Baseline soil gas in the footprint of proposed townhome(s), to include methane and
hydrogen sulfide assessment and/or monitoring if applicable.
d. Risk assessment based on current data to determine appropriate next steps, including
if townhomes are still a suitable use.
e. No offsite uncontrolled VOC source of significance impacting the proposed Brownfields
Property.
f. Townhome uses directly on or over methane (or other contaminant vapor) generating
landfills/waste cells/dumps, permitted or otherwise, will not be allowed.
2) Brownfields Agreement will include a final grade sampling requirement for surficial soils.
a. This will be included as a work to be performed item that the Prospective Developer
must conduct prior to transfer of property to individual owners.
b. Final grade sampling will be from 0-2 ft depth after final grade is achieved.
c. Include final grade sampling as item under Environmental Management Plan (EMP)
Land Use Restriction, for future redevelopments.
d. Preference for the property around townhomes to be owned by the Home Owners
Association (HOA), if at all possible.
e. Land Use Restriction (LUR) prohibiting soil disturbance beyond 2 ft depth below ground
surface after initial development.

Minimum Requirements for Townhome Developments
May 2020
3) HOA Declaration of Covenants — Prospective Developer must use DEQ-Prepared HOA
declarations rider for attachment to their Declaration of Covenants. These declarations must
include, at a minimum, the following:
a. HOA must be provided the Obligation, Authority, and Resources to enforce the
Brownfield Agreement LURs.
b. HOA will be obligated to submit annual Land Use Restriction Update.
c. HOA will be obligated to maintain the Brownfields Property's Vapor Intrusion
Mitigation System(s) (VIMS)
d. A minimum financial assurance reserve for HOA to conduct environmental and or legal
work will be negotiated into the Brownfields Agreement. More specific financial
assurance mechanisms are currently being evaluated and may be incorporated in a
future revision of this document. At a minimum, the financial assurance reserve will
consider the following:
i. Site specific amount, to be approved by DEQ.
ii. Amount is based on cost proposal from consultant for additional fees plus
standard amount for legal enforcement of LURs.
iii. The HOA will manage the account and have the to be increase the fund as
needed to fulfil its obligations.
iv. This financial assurance account must be maintained at the level specified. Can
be used, but must be replenished annually.
v. Cannot be decreased without prior written DEQ approval.
4) Comprehensive Purchaser Notification Provisions as a LUR
a. Require notification fact sheet about the Brownfields Property, including Vapor
Intrusion (issue, the VIMS system, and the LURs regarding the VIMS system operation
and maintenance.)
b. DEQ must approve Notification Fact Sheet prior to distribution.
c. Seller must collect and submit to DEQ signatures of purchasers on Notification Sheet
5) Vapor Mitigation
a. Design must be one that is, at the minimum, passive with option to operate as an
active system on all units.
b. DEQ-reviewed VIMP and compliance review letter received prior to construction. Must
be developed in accordance with the DEQ Vapor Intrusion Mitigation System (VIMS)
Design Submittal, New Construction Minimum Requirements Checklist and the
additional components outlined in this document.
i. Selected product components should be rated for the contaminant of concern,
based on manufacturer documentation.
ii. Fans and ducts for active systems shall be on the exterior of the building,
preferably on the roof, but at a minimum above the breathing zone.
iii. Low vacuum alarms will be required for active systems.
iv. Notification requirement to DEQ within 48 hours of identified system failure
including low vacuum alarm or pressure monitoring not meeting requirements.

Minimum Requirements for Townhome Developments
May 2020
c. Air sampling prior to occupancy will be required for every building slab, at a minimum.
i. Sub -slab sampling from pre -installed vapor points may be permitted. If sub -slab
data indicates a risk (unless DEQ concurs it is likely due to construction materials
that are not contaminants of concern).
ii. If PCE, TCE and/or select daughter products are present at the Brownfields
Property, indoor air sampling will be required.
d. If an active system, pressures outlined in the VIMP shall be maintained and be
measured monthly for the first year, with quarterly submittals to DEQ Brownfields. A
request to reduce monitoring may be made after the first year to semi-annual
monitoring with an annual submittal with the LURU.
6) On -Going Monitoring
a. Sentry point monitoring, if applicable, will be conducted in accordance with the DEQ
approved monitoring plan.
b. Annual monitoring of sub -slab for 3 years. If stable after 3rd annual sampling event,
monitoring can be reduced to once every 5 years, at the discretion of DEQ. If
contaminant concentrations continue to increase, additional indoor air sampling may
be required.
c. Pre -occupancy sampling can be considered the first of the annual sampling events.
d. Indoor air sampling may be required dependent upon results of occupancy and on-
going monitoring.
7) DEQ Reviewed & Approved Operations & Maintenance (O&M) Plan. Vapor mitigation systems
will be evaluated for proper function in accordance with an approved Operations and
Maintenance Plan (OMP). Inspection report(s)shall be signed/sealed by a North Carolina
Licensed Professional Engineer for purposes of protection of the public. The OMP shall include,
at a minimum, the following:
a. All VIMS shall be inspected at least annually by a third party.
b. All slabs and perimeter/footer edges shall be inspected for cracks or damage
c. Wherever installed, passive wind turbines shall be checked for rust and the ability to
spin.
d. Pressure measurements shall be collected as defined above by an environmental
professional under the direct supervision of a NC -licensed PE, if an active system.
e. DEQ Brownfields shall be notified within 7 days of any non-compliance with the
approved OMP.
f. Annual certification by a NC -licensed PE indicating that the VIMS is functional as
intended in the approved VIMP shall be submitted with the annual LURU. This
submittal shall include all pressure monitoring reports and inspection report(s).
g. All reports shall be signed and sealed for purposes of protection of the public by a
North Carolina Licensed Professional Engineer.

1 C(`CKIn
LINE LEGEND
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, , REVIEW OFFICER OF CRAVEN COUNTY,
CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED
MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER
DATE
CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
FILED FOR REGISTRATION AT
THIS DAY OF —
PLAT CABINET
SLIDE
AM / PM O'CLOCK
2021.
NOTE 1:
THE DEED OVERLAP AREA IS A PORTION OF PARCEL #8-003-237,
820-824 N. CRAVEN STREET OWNED BY TODD H. & MELISSA D. RANKIN,
DB 2547, PG 103, TRACT NO. 3. THE OVERLAP AREA IS NOT INCLUDED
IN THE BOUNDARY SHOWN ON PLAT CABINET F, SLIDE 118A DATED
JANUARY 29, 1991 AND PREPARED BY BALDWIN & ASSOCIATES AND
ENTITLED "SURVEY FOR THE NORTH CAROLINA RAILROAD COMPANY." THE
OVERLAP IS INCLUDED IN THE LEGAL DESCRIPTION PROVIDED IN DB
3474, PG 180 (QUITCLAIM DEED) WHICH REFERENCES A MARCH 29,
2002 SURVEY BY ROBERT M. CHILES, PLS ENTITLED "SURVEY FOR THE
NORTH CAROLINA RAILROAD COMPANY."
THE DEED OVERLAP AREA IS NOT INCLUDED WITHIN THE BROWNFIELDS
PROPERTY AREA.
NOTE:
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.
�f SCALED FLOOD ZONES
AE & X BOUNDARY
� \N
Ell
N 502,367.10
E 2,585,852.82
o EAI = EXISTING ANGLED IRON
= BROWNFIELDS PROPERTY BOUNDARY
o EIP = EXISTING IRON PIPE
= UNSURVEYED/ADJOINING PROPERTY
o IRS = IRON ROD SET
= ROAD RIGHT-OF-WAY
X = FENCE (TYPE AS INDICATED)
o ERRI= EXISTING RAILROAD IRON
OHE- = OVERHEAD POWER
o EIR = EXISTING IRON ROD
— — = REGULATORY LIMIT (AS INDICATED)FLOOD
o EPIP =EXISTING PINCHED IRON PIPE
= HAZARD BOUNDARY
❑ ECM = EXISTING CONCRETE MONUMENT
o NPS =
NO POINT SET
o EMN = EXISTING MAG NAIL
o BD =
BRASS DISC
-OHE-
= OVERHEAD UTILITIES
e0­4
GUY WIRE AND UTILITY POLE
R/W =
RIGHT-OF-WAY
C/L =
CENTERLINE
B/C =
BACK OF CURB
EX. =
EXISTING
EL. =
ELEVATION
WM =
WATER METER BOX
DB =
DEED BOOK
PG =
PAGE
CAB =
CABINET
EOP =
EDGE OF PAVEMENT
NTS =
NOT TO SCALE
NHWL
= NORMAL HIGH WATER LEVEL
POB =
POINT OF BEGINNING
R/W =
RIGHT OF WAY
6 =
SOIL SAMPLE LOCATION/IDENTIFICATION
EXCAVATION/CONSTRUCTION EXCLUSION AREA (AS SHOWN)
TIE TO EIR—
S72'09'38"W
6.30'
PARCEL #8-004-042
1000 N. CRAVEN STREET
CRAVEN STREET PARTNERS, LLC
D.B. 3316, PG. 931
PLAT CABINET I, SLIDE 46-C
(VACANT)
CHAINLINK FENCE
ON ADJOINER
*.
ERR N 502,506.05
E 2,586,053.79
�g5 ti O�� 11 S 1
0
SCALED FLOOD
ZONE X
CHAINLINK FENCE
ON PROPERTY
SB-2
SCALED FLOOD ZONES
VE & AE BOUNDARY
WITNESS IRS 22.17' /.ti1" NPS
FROM CORNER AT NWL ��
PARCEL #8-004-042 �0• NPS
1000 N. CRAVEN STREET
CRAVEN STREET PARTNERS, LLC IRS PROPERTY LINE IS
D.B. 3316, PG. 931 I NPS NORMAL WATER LEVEL
PLAT CABINET I, SLIDE 46-C
(VACANT)
NPS
SCALED FLOOD
tip' II
N 502,662.49 �ZONE VE
E 2,586,229.60 \ \ NPS
NPS
1
PIP 3 \
NP NPS
N 502,636.41 \ \ \ .
`s E 2,586,247.25
IRS
PARCEL #8-003-241-A
1 "CRAVEN STREET" 4
EAST FRONT STREET PARTNERS, LLC
D.B. 3474, PG. 180 SCALED FLOOD Np
( PLAT CABINET F, SLIDE 118-A ZONE AE
EXCAVATION/CONSTRUCTION
SCALED FLOOD EXCLUSION AREA
ZONE AE
EXCAVATION/CONSTRUCTION
EXCLUSION AREA
N 502424.20
E 2586092.62
DEED OVERLAP AREA
(SEE NOTE NO. 1)
NOT RRA,T OF BROWNFIELDS PROPERTY
LINE TABLE
LINE
LENGTH
BEARING
L1
7.09
S10°04'39"E
L2
21.61
S05°23'36"W
L3
30.85
S44°09'53"E
L4
29.14
S26°37'23"E
L5
20.79
S26°11'30"E
L6
28.26
S31°12'03"E
L7
7.88
S36°33'21"E
L8
7.85
N81'20'59"E
L9
65.60
S32°28'25"E
L10
13.79
S52°06'42"W
L11
17.27
S25°14'24"E
L12
16.65
S54°17'05"E
L13
21.46
S80°10'13"E
L14
15.97
S69°45'29"E
L15
15.09
534°24'45"E
L16
12.73
S13°14'41"E
L17
28.01
S23°51'54"E
L18
14.26
S47°45'23"W
L19
22.41
SO4°00'44"W
1-20
10.68
S09°44'03"E
L21
23.55
S60°53'29"W
L22
8.83
S31°33'57"W
L23
5.28
S00°39'36"E
GcP
/-CONCRETE BULKHEAD
6'f HIGH �G
NPS
PROPERTY LINE IS
NPS NORMAL WATER LEVEL
NPS
30' RIPARIAN BUFFER I
75' CAMA AEC
�I
;7*\50' RIPARIAN BUFFER
NPS
110
N
0
N 502,288.61 D.B.TRACT 'NO. 1103
E 2,585,908.99 (VACANT) \ PARCEL #8-003-238
310 QUEEN STREET
;pO THE SALVATION ARMY \ \
D.B. 108, PG. 307
G 0 PARCEL #8-003-236 N 502,252.29 \ ECM q� \t�� ,9G�O2
� \
820-824 N. CRAVEN STREET E 2,586,248.09 \ 9 \ FO POINT OF BEGINNING (POB)
v �
TODD H. & MELISSA D. RANKIN
PARCEL #8AILROA 14 \ D B TRACT NO.
2103 /
NORTH CAROLINA RAILROAD COMPANY �/j� ( ) / \ EXHIBIT B T O T H E
D.B. 2237, PG. 105 ��i � \ / VACANT
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS LLC
2
�% BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
�� BROWNFIELDS PROJECT NUMBER: 20063-16-025
FLOOD PLAIN STATEMENT SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
\ THE PROPERTY IS LOCATED IN FLOOD ZONES VE, AE AND X TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
50 0 25 50 100 (MINIMAL RISK OF FLOODING). REFERENCE FEDERAL D.B. 3282, PG. 643
EMERGENCY MANAGEMENT AGENCY DIGITAL MAP NUMBER 3720558000K, EFFECTIVE DATE JUNE 19, 2020. PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
GRAPHIC SCALE: 1 = 50 SURVEY DATE: MARCH 22, 2021 SCALE: 1"=50'
DG ouI
jD NPS
NPS
IPS
NPS
NP N 502,440.10
g NPS E 2,586,545.66
,vAO \ PARCEL F
q d
�
3
APPROXIMATE CENTERLINE OF 30' Sg�N�' BULKHEAD PILING z
j CHAINLINK FENCE DRAINAGE EASEMENT SCALED FROM ON LINE ab
'N 502,388.87 ON PROPERTY ----__DB 3282, PG 643. / G�� O w
E 2,586,068.27 �s�\ EPIP N 502350.81 N 502341.00 QP�hA
� STc� E 2586186.14 �E 2586388.66�
s Ip I\11 f CHAINLINK FENCE �� MN
ON PROPERTY
/�EIPS CHAINLINK FENCE
9G E 502,31.27S ON PROPERTY
2,586,126.24
o �BD
\ PARCEL #8-003-237
820-824 N. CRAVEN STREET
TODD H. & MELISSA D. RANKIN
ZONING AND SETBACKS
CITY OF NEW BERN
ZONED C-3
25' FRONT YARD (SETBACKS NOT SHOWN ON MAP)
10' SIDE YARD
10' REAR YARD
TABLE OF ADDITIONAL ADJOINERS:
PARCEL A - #8-003-B-00B, DB 3485 PG 802, PLAT CAB H, SL. 86E.
RIVER STATION PROPERTY OWNERS.
PARCEL B - #8-003-C-OOB, DB 3714 PG 1897, PLAT CAB J, SL. 6-D.
NEW BERN RIVER STATION MARINA OWNER.
PARCEL C - #8-003-B-OOD, DB 3485 PG 802, PLAT CAB H, SL 86E.
RIVER STATION PROPERTY OWNERS.
PARCEL D - #8-003-B-OOE, DB 3485 PG 802, PLAT CAB H SL 86E.
RIVER STATION PROPERTY OWNERS.
PARCEL E - #8-003-B-OOC, DB 3485 PG 802, PLAT CAB H SL 86E.
RIVER STATION PROPERTY OWNERS.
PARCEL F - #8-003-C-OOA, DB 3714 PG 1897, PLAT CAB J SL 6-D.
NEW BERN RIVER STATION MARINA OWNER.
I, JOSEPH C. AVOLIS, PE, PLS , CERTIFY THAT THIS MAP WAS
DRAWN UNDER MY SUPERVISION FROM AN ACTUAL GPS CONTROL
SURVEY MADE UNDER MY SUPERVISION AND THE FOLLOWING
INFORMATION WAS USED TO PERFORM THE SURVEY:
• CLASS OF SURVEY: CLASS A
• POSITIONAL ACCURACY: HORIZONTAL: 0.003'
• VERTICAL: 0.002'
• TYPE OF GPS FIELD PROCEDURE: NC CORS NETWORK VRS
• DATE(S) OF SURVEY: MARCH 22, 2021
• DATUM/EPOCH: NAD83 & NAVD88
• PUBLISHED/FIXED-CONTROL USE: NC CORS VRS
• GEOID MODEL: GEOID 2012B
• COMBINED GRID FACTOR(S): 0.99987531
• UNITS: US SURVEY FEET
THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND
AND DOES NOT CREATE A NEW STREET OR CHANGE AN
EXISTING STREET.
I, JOSEPH C. AVOLIS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION
(REFERENCE DEED BOOK 3474 , PAGE 180 ; MAP BOOK F , PAGE
118A ); THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN
LINES; THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY 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 NOVEMBER , A.D., 2023.
PROFESSIONAL LAND SURVEYOR
L-5308
LICENSE NUMBER

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 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 Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Craven
County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject
property, 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 subject property, which is attached as
Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields
Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall
remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of
Environmental Quality (or its successor in function), or his/her designee, after the hazards have been
eliminated, pursuant to NCGS § 130A-310.35(e):
15. By way of the Notice of Brownfields Property referenced below in paragraph 20, Prospective
Developer shall impose the following land use restrictions under the Act, running with the land, to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and
the environment instead of remediation to unrestricted use standards. All references to DEQ shall be
understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high —density residential,
potential townhome development, retail, associated parking, 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 are prohibited; townhomes, duplexes, or other units with private ownership of yards are
prohibited unless approved in writing by DEQ in advance.
ii. "Townhome" is defined as a residential unit that is privately owned and is attached to one
or more similar privately owned units via one or more common walls. It may include a small amount of land
ownership beyond the building footprint, such as a courtyard.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, open air markets, festivals, food halls,
and the sales of food and beverage products, including from mobile establishments such as food trucks.
iv. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for some.
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
for the purposes of N.C.G.S. Section 130A-310.35
Date
v. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee, with the exception of educational space and childcare facilities.
b. Prior to constructing and/or marketing townhomes on the Brownfields Property, all owner(s)
who construct and/or market townhomes on the Brownfields Property must comply, to
DEQ's written satisfaction, with DEQ's North Carolina Brownfields Redevelopment Section, Minimum
Requirements for Townhome Developments attached hereto as Exhibit 3.
c. Townhome redevelopment of the Brownfields Property may only occur in the area designated
"Townhome Redevelopment Area" on the plat component of the Notice referenced in paragraph 20 below,
and such use may not occur unless and until DEQ determines in writing that all requirements in this
Agreement pertaining to a particular townhome use, including without limitation the requirements set forth in
paragraph 15.b. above, are completed to DEQ's written satisfaction.
d. Prior to the sale to a residential user of any townhome dwelling constructed or to be
constructed on the Brownfields Property, the Prospective Developer shall cause the Brownfields Property to
be subject to a declaration of covenants, conditions, and restrictions, or a functionally equivalent instrument
recorded or to be recorded in the Craven County Public Registry (the "Declaration"), and shall also establish
or, if an existing homeowners' association is extended to serve the Brownfields Property, participate in a
homeowners' association, a lot owners' association, or similar entity associated with the Brownfields Property
("Property Association") consistent with the Declaration and ensure it is initialized with resources consistent
with subparagraph 15.d.5. below.
1. The Declaration shall provide that all owners of all or part of the Brownfields Property
shall strictly comply with the terms and conditions of this Agreement and the Notice of Brownfields Property
referenced below in paragraph 20.
2.
For the purposes of
N.C.G.S. §130A-310.35(f), which authorizes various
persons
to
enforce land use
restrictions,
the Declaration shall provide that the Property Association is
such a
person
so authorized by
the Act to
administer and enforce the land use restrictions as an owner
of land
and as
a person eligible
for liability
protection
pursuant to the Act. Further, the Declaration shall
provide
that the
Property Association
has the
authority
and obligation to administer and enforce the land use
restrictions
on
behalf of all lot
owners and
members
of the Property Association.
3. The Declaration shall provide the Property Association the authority and obligation, to the
extent permissible under North Carolina law, to treat any violation of the terms and conditions of this
Agreement or of the Notice of Brownfields Property referenced below in paragraph 20 by any owner of any
part of the Brownfields Property as a violation of the Declaration and to undertake any and all enforcement
remedies provided in the Declaration for such a violation. The Declaration shall provide that, in the event
a violation of this Agreement or the Notice of Brownfields Property referenced below in paragraph 20 by
any owner of any part of the Brownfields Property becomes known to the Property Association, the Property
Association shall undertake reasonable enforcement actions to correct said violation. Furthermore, the
Declaration shall specifically provide that failure by any owner of any part of the Brownfields Property to
remedy or correct such violations of this Agreement and the Notice of Brownfields Property referenced
below in paragraph 20 after any applicable notice and cure periods to the reasonable satisfaction of DEQ
could result in that owner's loss of liability protection afforded by this Agreement and the Act.
4. The Declaration shall provide that the Property Association will notify DEQ of violations of this
Agreement or the Notice of Brownfields Property referenced below in paragraph 20 by any owner of any
part of the Brownfields Property and any associated enforcement
EXHIBIT B TO THE
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS, LLC
BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
BROWNFIELDS PROJECT NUMBER: 20063-16-025
SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
D.B. 3282, PG. 643
PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
SURVEY DATE: MARCH 12, 2021 SCALE: 1"=50'

actions taken or planned within thirty (30) days of such violation becoming known to the
Property Association.
5. The Declaration shall provide that the Property Association maintain a cash reserve
dedicated for use in undertaking the obligations set forth in this Agreement, including, without limitation,
potential legal fees. The cash reserve shall initially be maintained at not less than Thirty Thousand Dollars
($30,000) Dollars, and shall be increased in the future as deemed necessary by the Property Association
in order to ensure its obligations to enforce the land use restrictions (including, but not limited to,
enforcing or ensuring cap maintenance) can be carried out. The amount of the cash reserve may be
decreased with DEQ's prior written consent, which shall not be unreasonably withheld, conditioned, or
delayed.
6. The portions of the Declaration, and the portions of the bylaws of the Property
Association, pertaining to the subject matter of this subparagraph 15.d. shall be submitted to DEQ for
review and approval as to the subject matter of this subparagraph 15.d., of which such approval shall not
be unreasonably withheld, conditioned, or delayed, and shall be deemed approved if DEQ does not respond
to such submittal within thirty (30) business days.
7. The Declaration shall further provide that the Property Association will be responsible for
submission of copies of deeds and other instruments of conveyance, on behalf of the owners, to the
persons listed in Section XV (Notices and Submissions) of this Agreement in accordance with paragraphs
21 and 22 below.
e. All owners of townhomes or individually owned units that include land ownership shall remain
subject to and abide by the Declaration referenced in subparagraph 15.d.
f. If townhomes are leased or rented as apartments, such residential units shall only be
occupied by residents under lease or rental agreement, and shall not be sold to individual owners for
occupation or subletting. At the discretion of DEQ, conditioned on prior written DEQ review and approval of
a private ownership plan that includes conditions DEQ may impose, without limitation, for enhanced land
use restriction enforceability and fees to offset the cost to the state, the units may be approved for
individual sale.
g. Any excavation for construction below the demonstrably clean fill in the area denoted on the
plat component, including for utility lines, in the area denoted on the plat component of the Notice of
Brownfields Property referenced in paragraph 20 below as "Excavation/Construction Exclusion Area" must be
conducted under a DEQ—approved Environmental Management Plan (EMP) required by this Section including
provisions for screening and managing any excavated soils for lead and arsenic.
h. No use of the Brownfields Property may occur until the prospective developer, or other
Brownfields Property owner developing residences for individual ownership, conducts representative final
grade soil sampling of any area within the Brownfields Property pursuant to a plan approved in writing by
DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and
driveways. The plan may be incorporated into the Environmental Management Plan required by
subparagraph 15.j. below.
i. The Brownfields Property may not be used as a playground, or for child care centers or schools,
except in areas where sampling has shown that clean soils are present, or at least three feet of
demonstrably clean fill, or another cover approved in writing in advance by DEQ, are installed to DEQ's
written satisfaction, delineated to DEQ's written satisfaction on the plat component of the Notice
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
for the purposes of N.C.G.S. Section 130A-310.35
Date
referenced below in paragraph 20, maintained, and left undisturbed other than through normal playground,
child care center or school use.
j. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, 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 8 above and any contamination discovered
during the additional activities required by paragraphs 14 and subparagraph 15.g. 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.
k. 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 required manifests shall be
included).
I. Groundwater at the Brownfields Property may not be used for any purpose, other
than in connection with legally compliant storm water collection and reuse techniques, without the prior written
approval of DEQ.
EXHIBIT B TO THE
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS, LLC
BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
BROWNFIELDS PROJECT NUMBER: 20063-16-025
SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
D.B. 3282, PG. 643
PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
SURVEY DATE: MARCH 12, 2021 SCALE: 1"=50'

m. No use may be made of the areas known to be impacted with elevated metals
"Excavation/Construction Exclusion Area" of the Brownfields Property as denoted on the plat component of the
Notice of Brownfields Property, referenced in paragraph 20 below, without the prior written approval of DEQ,
except in areas where an underlying geotextile material and a cap consisting of a minimum of three (3) feet
of compacted, demonstrably clean fill (as demonstrated through pre —installation sampling and geotechnical
testing) in accordance with the design plans referenced below in this paragraph, or another cover approved in
writing in advance by DEQ, is installed to DEQ's written satisfaction. Areas outside of the
"Excavation/Construction Exclusion Area" shall be covered with vegetative cover, asphalt, concrete, or building
foundations such that DEQ concludes in writing that the Brownfields Property is suitable for the uses specified
in subparagraph 15.a. above and that public health and the environment are fully protected, and shall
be maintained, and left undisturbed other than through normal use.
n. When soil at the Brownfields Property is capped, a written report verifying cap installation,
compaction and final grade thickness and elevations, and summarizing any sampling or geotechnical testing of
the cap or cap materials in areas that will not be covered by buildings or other impermeable surfaces prior
to the Brownfields Property reuse, as well as a plan for the cap's inspection and maintenance, shall be
submitted to DEQ no later than 30 days following installation. Any deficiencies DEQ identifies in the report or
plan shall be corrected to DEQ's written satisfaction within 30 days after DEQ provides written notice of such
deficiencies. The then owner shall maintain said vegetative or other cover as defined in 15.m. above, and the
cap as defined in this subparagraph, per said plan to DEQ's written satisfaction.
o. 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 subparagraph 15.j. above.
p. No activity that disturbs soil on the Brownfields may occur unless and until DEQ states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above —ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at
least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency
circumstances no later than the next business day, and that any related assessment and remedial measures
required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ—approved Environmental
Management Plan (EMP) as outlined above in subparagraph 15.j.
q. No use of the Brownfields Property may occur until the then owner of the Brownfields
Property conducts representative final grade soil sampling of any area within the Brownfields Property on the
plat component of the Notice of Brownfields Property described below in paragraph 20 pursuant to a plan
approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete
parking areas and driveways.
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
for the purposes of N.C.G.S. Section 130A-310.35
Date
r. 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.
s. 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 Craven County land records, Book -------, Page ---------- A copy
of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to the extent
said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public
Records Law. The owner may use the following mechanisms to comply with the obligations of this
subparagraph: (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 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 Section XV.
t. 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 as modified by DEQ in writing if additional
contaminants (and/or contaminant concentrations) 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.
u. The Brownfields Property may not be used for ground —contact sports of any kind, including, but
not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ.
v. The Brownfields Property may not be used for dog runs, kennels, private animal pens, or
horse —riding unless approved in writing in advance by DEQ.
w. Any landscaping shall not disturb native soil at the Brownfields Property, and any gardens for
the purpose of growing vegetables, flowers, or other crops shall be constructed in raised beds and not
disturb native soil at the Brownfields Property, unless compliance with this land use restriction is waived in
writing in advance by DEQ.
x. 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 Craven County, certifying that, as of said January 1st, the Notice of Brownfields Property
containing these land use restrictions remains recorded at the Craven County Register of Deeds office and
that the land use restrictions are being complied with. The submitted LURU shall state the following:
EXHIBIT B TO THE
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS, LLC
BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
BROWNFIELDS PROJECT NUMBER: 20063-16-025
SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
D.B. 3282, PG. 643
PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
SURVEY DATE: MARCH 12, 2021 SCALE: 1"=50'

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;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone) installed pursuant
to subparagraphs 15.m and 15.n. above are intact, uncompromised, and whether there has been any
erosion of the cover or cap, or other condition of the cover or cap that required or requires repair
pursuant to subparagraph 15.n. to prevent exposure to soil beneath the cover or cap;
iv. 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;
v. A LURU submitted for rental units shall include 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 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; and
vi. A property owners' association or other entity may perform this LURU's duties, on
behalf of some or all owners of the Brownfields Property, if said association or entity has accepted
responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at
a minimum, the name, mailing address, telephone and facsimile numbers, and e—mail address of each
owner on whose behalf the LURU is proposed to be submitted.
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
for the purposes of N.C.G.S. Section 130A-310.35
Date
EXHIBIT B TO THE
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS, LLC
BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
BROWNFIELDS PROJECT NUMBER: 20063-16-025
SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
D.B. 3282, PG. 643
PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
SURVEY DATE: MARCH 12, 2021 SCALE: 1"=50'

Eahitrit _'
Brownfields Property Name: forth Crown Strtieet Raffivad & Bulk Oil Storage Yard
Brownfields Project Number: 20063-16-015
The most recent emnronmental sampling at the Brownfields Proputy reported m the
Emiroamimu Reports cocsred on April 11, 2019. The following tables set f nth, for
cantaminants present at the Bmwufields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable -tandkd or scree
k%q-,I. Screening levels and groumdwates standards are shown forreference only and are not set
forth as cleanup knAs for purposes of this Agreemmt.
SOEL
Soil coutaminamts in milligrams per kilogram (the equ % lemt of parts per mullion), the
screening Ie4 els for which are denied from the Prelimmary?esidenhal Health -Based
Reme&atxon Goals of the Inactive Hazxdum Sites Branch of DEQ's Supedand Section (July
2023 version):
contam
Location
SamPle
Depth
(8)
Date
Sampling
g
Canouarabm
creening g
LeT.Ti
Residential
�Cieinel1 9
( k
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1IB1
3.0-4.0
1U10L)015
0.13J
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SB-ATT3
3.0 - 3.5
6/6-12017
0.14T
SB-ATT4
3.0 - 3.5
&612017
0.21J
SB- T5
3.0 - 3.5
di&2017
0.511
`e'u`
SB-%TT 1
3.0 - 3.5
&6nO17
8.5
0.68
SB-ATT2
3.0 - 3.5
61612017
7.3
SBATT3
3.0 - 3.5
6}6r'2017
4.7
SBATT4
3.0 - 3.5
616.'2017
11
SB-ATT5
3.0 - 3.5
6f6,12017
?2
SB-ATT6
3.0 - 3.5
6r;Gr`2017
3.6
SB-T4;rTT7
3.0 - 3.5
&&'2017
15
IA-1
3.0 - 4.0
11/1 OP015
2-7
IA-2
3.0 - 4.0
11 i M'2015
1.5
IB-1
3.0-4.0
11?10015
76
IBC-1
3.0 - 4.0
1 PIU2015
15
IC-2
3.0 - 4.0
11/10n-015
2-1
IC-3
3.0 - 4.0
111M'2015
0.73
IIA1
3.0 - 4.0
11 1012015
48
IIA2
3.0-4.0
11 10 2015
1-1
ILA-3
3.0 - 4.0
11.;10+2015
4.9
I1F31
3.0-4.0
11+10..'7015
3.4
IIB_
3.0-4.0
11;10 015
4,-!
TiGYa4�en^tF1t'_'04 MM25310rMM'3
Concentration
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Sample
Date
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5 reeuting
Contamoinamf
Location
py
m
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f Le"Tl
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SB-%TT4
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6162017
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SB-%TT5
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616r'2017
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SB-%TT6
3.0 - 3.5
616n-017
0.12J
SB-%TT7
3.0 - 3.5
6/6-12017
0. 30J
Petroleum.
hydrocarbons,C9 18
SBAA
3.C-4.0
1U1D'2015
991
20
adi hatics
Petroleum
hydrocarbons, C9-C 10,
SB A
3.0 - 4.0
11.;1012013
4-58
62
MWnati,cs
Petroleum
hydrooarboms, C 11 22
SB A
3.0 - 4.0
11/1012015
4W
62
aromatics
Sera mng lEvers displayed for ma -=-mg m are &r lhmwd quotient e*mf W 0.2. Sc eemng le%els iI -played for
Ca�� are for 1.4E-6 I fetim imamm=k cancer risk wget
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WrnenSal'2-IM2S310MM23
C�ontu nant
Location
s
(ft)
Date
�
samp1m
ConomimtionSample
naming
Lelml
Residual
S reeer
(mff:l?1
Ajseni
11C2
3.0-4.0
11/1on-015
0-71
w.b$
IIC3
3.0-4.0
1L;IU2015
1-3
IIIA1
3.0-4.0
11/14L)015
26
19A 2
3.0 - 4.0
11/10.12015
5.1
IIIA3
3.0-4.0
111012015
4.4
BIB 1
3.0-4.0
1U10,12015
9.8
IIIB3
3.0 - 4.0
11 101201 j
0-69
=1
3.0-4.0
11ilD'2015
21
IIIC'2
3.0 - 4.0
11/10015
0.97
IIIC'3
3.0-4.0
11/10L)015
1.1
IVAB4
3.0 - 4.0
1 U1012015
50
IVAB5
3.0 - 4.0
111M'2015
7.4
GAl
3.0-4.0
11.;10 015
16
VA2
3.0-4.0
11/1D2015
1
VA3
3.0 - 4.0
11/10--'2015
15
T%T 1
3.0 - 4.0
11.'10 015
14
%'B3
3.0 - 4.0
11? M'2015
11
V.
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11/10:2015
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3.0 - 4.0
1 i.;M'2015
is
VC3
3.0 - 4.0
11.;1012015
48
17A1
3.0-4.0
11f10.12015
2-9
'47A2
3.0 - 4.0
11r 101'2015
30
%rL 3
3.0-4.0
11110 015
180
VIB1
3.0-4.0
11?14L)015
5.6
VM3
3.0-4.0
11f10;2015
6.9
VIC1
3.0 - 4.0
11/ 10;'2015
1-5
VIC2
3.0 - 4.0
11 .;1012015
0-91
VIC3
3.0 - 4.0
1 U10?2015
1-2
S&I
3.0 - 4.0
I 15r'2015
40
SE-3
3.0 - 4.0
10'1512015
19
S13-4
3.0 - 4.0
1 G115:2015
3
SB-5
3.0 - 4.0
10 15L)015
35
SM
3.0 - 4.0
10}15.-2015
10
SE-7
3.0 - 4.0
1 G115?2015
4.1
Benm(a)amthracene
SB-VVr4
3.0-3.5
6W2017
1-1
SB-Tlx1T5
3.0 - 3.5
61612017
3-2
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SB-T6VT3
3.0 - 3.5
6162017
0-62
SB-%TT4
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6}6r'2017
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Cou#amaivamk
Location
Sample
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(tt)Sam
Date
in
Concentration
Sang
Le"T1
Residual
S re wing
1
Benzo(a)p�zene
SB-V4TT5
3.0 - 3.5
6}6l2017
3.1
-
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3.0 - 3.5
61612017
0.2J
SB-%TT7
3.0 - 3.5
6160-017
0-4
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3.0 - 4.0
1 if I012015
0-65
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3.0 - 4.0
1 UI0 015
0.21J
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1011512015
0-6
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SB-%TT4
3.0 - 3.5
6/612017
16
i
SB-%TT5
3.0 - 3.5
6W2017
4-3
Ber'o+ .]Li}pegs leue
IIB 1
3.0 - 4.0
11;1012015
0-52
NSE
IIIA2
3.0-4.0
11?10n-015
0.1&1
SB-6A
3.0 - 4.0
1 UI012015
0.26J
SB-%TT3
3.0 - 3.5
&612017
0A8
SB-%TT4
3.0 - 3.5
6/&2017
0-S'_'
SB-%TT5
3.0 - 3.5
6}612017
1-8
SB-14 76
3.0 - 3.5
6}6l2017
0. IG
SB-WT7
3.0 - 3.5
6}612017
0.251
Dibema(a,h)anthracene
SB-1473
3.0 - 3.5
616n-OU
0.121
0.11
SB-%TT4
3.0 - 3.5
6}6l201?
0-21
SB-%TT5
3.0 - 3.5
6r612017
0.4 4J
IIB 1
3.0 - 4.0
11.;1012015
(),Ili
Indemo(1,2,3-c zene
5B-%TT5
3.0-3.5
6.;6r'2017
2-1
1.1
_ead
T1 A
3.0 - 3.5
6W2017
680
400
SB-NETT 1
3.0 - 3.5
dW2017
500
SB-%75
3.0 - 3.5
6'6'2017
690
IIA3
3.0 - 4.0
11/1012015
4-20
VA 1
3.0 - 4.0
11.;M'2015
1100
VA3
3.0 - 4.0
11.;1 V2015
520
%TB3
3.0 - 4.0
11/10.12015
1100
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EXHIBIT B TO THE
NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
OWNER/DEVELOPER: EAST FRONT STREET PARTNERS, LLC
BROWNFIELDS PROJECT NAME: NORTH CRAVEN STREET RAILROAD AND BULK OIL STORAGE YARD
BROWNFIELDS PROJECT NUMBER: 20063-16-025
SITE ADDRESS: CRAVEN STREET, NEW BERN, NC
TOWNSHIP 8, CRAVEN COUNTY
TAX PARCEL ID: 8-003-241-A
COVERING DEEDS: D.B. 3474, PG 180
D.B. 3282, PG. 643
PLAT REFERENCE: PLAT CABINET F, SLIDE 118-A
SURVEY DATE: MARCH 12, 2021 SCALE: 1"=50'

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING at a Brass Disk in the centerline of East Front Street Extension in River Station
Subdivision, Craven County, North Carolina, a Map of which appears in Map Book H, Page 86E
of the Craven County Registry; thence, from this point, a bearing and distance of North 42' 17'
17" West, 78.80' to a Brass Disc located in the centerline of East Front Street in River Station
Subdivision; thence North 34' 49' 05" West, 30.75' to an Existing Mag Nail located along the
southern property line of the East Front Street Partners, LLC Property as referenced in Deed
Book 3474, Page 180 of the Craven County Registry, POINT OF BEGINNING; thence from this
POINT OF BEGINNING, the following courses and distances; South 57' 44' 25" West, 166.24'
to an Existing Concrete Monument; thence North 32' 08' 33" West, 116.46' to an Existing
Pinched Iron Pipe; thence South 58' 24' 12" West, 32.04' to Existing Iron Pipe; thence North
36' 19' 11" West, 111.84' to an Existing Iron Rod; thence South 53' 33' 34" West, 228.28' to an
Existing Iron Rod; thence North 35' 35' 38" West, 96.53' to an Existing Iron Rod; thence North
55' 20' 27" East, 244.35' to an Existing Railroad Iron; thence North 56' 01' 39" East, 233.31"
to an Iron Rod Set; thence North 34' 04' 33" West, 31.50' to an Existing Pinched Iron Pipe;
thence North 56' 25' 27" East, 190.75' to an Iron Rod Set; thence North 56' 25' 27" East, 22.17'
to the Normal Water Level of the Neuse River; thence the following bearings and distances
along the Normal Water Level of the Neuse River; South 10' 04' 39" East, 7.09'; South 05' 23'
36" West, 21.61'; South 44' 09' 53" East, 30.85'; South 26' 37' 23" East, 29.14'; South 26' 11'
30" East, 20.79'; South 31' 12' 03" East, 28.26'; South 36' 33' 21" East, 7.88'; North 81' 20'
59" East, 7.85'; South 32' 28' 25" East, 65.60'; South 52' 06' 42" West, 13.79'; South 25' 14'
24" East, 17.27'; South 54' 17' 05" East, 16.65'; South 80' 10' 13" East, 21.46'; South 69' 45'
29" East, 15.97'; South 34' 24' 45" East, 15.09'; South 13' 14' 41" East, 12.73'; South 23' 51'
54" East, 28.01'; South 47' 45' 23" West, 14.26'; South 04' 00' 44" West, 22.41'; South 09' 44'
03" East, 10.68'; South 60' 53' 29" West, 23.55'; South 31' 33' 57" West, 8.83'; South 00' 39'
36" East, 5.28'; thence from the Normal Water Level of the Neuse River, the following courses
and distances; South 57' 44' 25" West, 51.08' to an Iron Rod Set; thence South 57' 44' 25"
West, 134.61' to an Existing Mag Nail located along the southern property line of the East Front
Street Partners, LLC Property as referenced in Deed Book 3474, Page 180 of the Craven County
Registry, the POINT OF BEGINNING.
North Craven ST RR & Bulk Oil/20063-16-025/17Nov2023