24020_Peerless Master Cleaners_PC Approval Package_20231117

Graham, Stephanie J
From: Graham, Stephanie J
Sent: Friday, November 17, 2023 2:23 PM
To: 'Eric Mulata'; Andrew Burt; Scott M. Werley, P.G.; Don R. Marlor, P.G.; 'Mary Katherine Stukes'; Lesley
Firestone; Pierce Werner
Cc: Eckard, Sharon; Nicholson, Bruce; Scott, Michael; Foote, Melody R; Watson, Samuel; Liggins, Shirley;
Wendell, Kimberly B; Hardison, Sarah; Walch, John; Tatum, Katie; Macdonald, Janet K; Channell, Ryan;
Thomas, Dianne; Hunneke, William F
Subject: Approval to Proceed to Public Comment - Peerless Master Cleaners and Dyers (BF Project #
24020-20-092)
Attachments: 24020_Peerless Master Cleaners_PC Approval Package_20231117.pdf
HiAll-
Based on acceptance by the Prospective Developer of drafts of all four required brownfields documents -- the Notice of
Intent to Redevelop a Brownfields Property (NI), Summary of Notice of Intent to Redevelop a Brownfields Property (SNI),
Notice of Brownfields Property (NBP) and the Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's preliminary
approval of the plat component of the NBP, Prospective Developer may now proceed to the tasks required by NCGS §
130.310.34(a) in connection with the required public notice and comment period of at least 30 days regarding the
subject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the brownfields
property is located;
2. Conspicuously post a copy of the SNI at the Brownfields Property (post at multiple entrances if more than one);
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property;
4. Provide a copy of the full NI, consisting of the one -page NI and the NBP with its three exhibits (Exhibit A, the
Brownfields Agreement with its Exhibit 1, Exhibit 2 and Exhibit 3; Exhibit B, the survey plat; and Exhibit C, the
legal description), to all local governments having jurisdiction over the Brownfields Property; and
5. Provide a copy of the full NI to the local public repository where it will be available for public review as stated in
the SNI.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day following completion of the above
public notice tasks. The date by which you have represented to the Brownfields Redevelopment Section that the last of
the above tasks will be complete is November 21, 2023. Therefore, the first day of public comment would start no
sooner than November 22, 2023. The NI and SNI, with this date filled in, are attached hereto for public notice purposes.
The comment period shall not end any sooner than 30 days after you complete the public notice tasks, or 30 days after
this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the public notices to DEQ
prior to DEQ entering into a Brownfields Agreement. That documentation shall be submitted promptly after each task
has been accomplished by providing to me preferably at [e-mail] or at Brownfields Program,
1646 Mail Service Center, Raleigh, NC 27699-1646, the following:
• Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the newspaper which
shows the name of the newspaper and the date of publication;
• Photos of the SNI posted at the site, one close up to show the wording and one far enough to show the posting
location relative to the property;
• Copies of the cover letters and copies of the mailing receipts stamped by the post office or copies of the delivery
service receipts for the SNI sent to contiguous property owners; and

• Delivery confirmation either from the receiving entity or from the carrier (i.e. certified mail receipt, fed ex
tracking information) confirming receipt of the full NI from each local government entity and the entity where
the document will be available for viewing.
Thanks for your attention to these matters, and if you have any questions or require additional information, please
contact me via email or my cell phone number below.
Stephanie
Stephanie Graham
Project Manager, Brownfields Redevelopment Section
Division of Waste Management
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
Please note the new email address format above and update your contacts accordingly.
The former email address will continue to work for a period of time.
D- E-
ka;
NORTH CAROLINA 7.01M Q
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Peerless Master Cleaners and Dyers
Brownfields Project Number: 24020-20-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of 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 NI. 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 21, 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 Redevelopment Section Chief
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Peerless Master Cleaners and Dyers
Brownfields Project Number: 24020-20-092
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, Hennepin
Ventures 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 501 Hillsborough Street, 500
W. Morgan Street and 10 S. West Street, Raleigh, Wake County. The Brownfields Property, which is the former site of
various retail tenants, autobody repair, automotive repair, drycleaners, a cleaning and dyeing facility, a printing facility,
offices and an outdoor equipment and repair facility, consists of 1.12 acres. Environmental contamination exists on the
Brownfields Property in soil, groundwater, sub -slab soil gas, and exterior soil gas. Hennepin Ventures LLC-has committed
itself to redevelop the Brownfields Property for no uses other than high density residential, retail, office, hotel, recreation,
associated parking, and subject to DEQ prior written approval, other commercial uses. The Notice of Intent to Redevelop
a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Hennepin Ventures 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 Oberlin Regional Library
located at 1930 Clark Avenue, Raleigh, NC by contacting Robert Lambert at [phone] or by e-mail at
robert.lambertkwake.gov; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.ligginskdeq.nc.gov, 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 24020-20-092 into the search bar at the following web address:
https://edocs.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 21, 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:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

Property Owner: Hennepin Ventures LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Peerless Master Cleaners and Dyers
Brownfields Project Number: 24020-20-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20 by
Hennepin Ventures 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 501 Hillsborough Street, 500 W. Morgan Street and
10 S. West Street, Raleigh, Wake County and consists of one 1.12-acre parcel. The site formerly
operated with various retail tenants, autobody repair, automotive repair, drycleaners, a cleaning
and dyeing facility, a printing facility, offices and an outdoor equipment and repair facility. The
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Prospective Developer has committed to redevelop the Brownfields Property for no uses other than
high density residential, retail, office, hotel, recreation, 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.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, hotel, recreation, associated parking, and subject to DEQ prior written
approval, other commercial uses. For purposes of this restriction, the following definitions apply:
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i. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "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;
iii. "Office" is defined as a place where business or professional services
are provided;
iv. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and onsite
hospitality, management and reception services.
v. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic
and public gathering areas, campgrounds, boat docks, and marinas.
vi. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same;
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or pre-schools, primary and secondary schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
d. 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
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redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., underground storage tanks [USTs], tanks, drums, septic drain fields, oil -water
separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
e. By January 31 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 on environment -related activities
since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI:
Work to be Performed above;
ii. soil grading and cut and fill actions;
ill. 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).
Demolition Activities
f. Unless compliance with this Land Use Restriction is waived in writing in advance
by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on
the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16
below shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit
within the Division of Public Health of the North Carolina Department of Health and Human
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Services.
Removal of Buried Structure
g. Not later than completion of redevelopment, the known buried structure
identified above in paragraph 3 shall be removed and addressed to the satisfaction of DEQ.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d. above, or a plan approved
in writing in advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of aboveground 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
EMP as outlined in subparagraph 12.d. above.
j. 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 12.d. above.
k. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways of the Brownfields Property as delineated on
the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this
Agreement.
1. The Brownfields Property may not be used as a playground, except in areas where
sampling has shown that clean soils are present, or two feet of clean fill, or another cover approved
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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 16,
maintained, and left undisturbed other than through normal playground, child care center or school
use.
Vapor Intrusion
in. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National
Standards Institute (ANSI)/American Association of Radon Scientists and Technologists
(AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by
said engineer's professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule, both of which
are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the engineer's
seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective
of public health.
Property Access
n. 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.
Damage to Wells
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors
or its tenants, the owner shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
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Notifications upon Transfer
p. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records,
Book , Page A copy of any such instrument shall be sent to the persons
listed in Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner conveying a leasehold interest may use the following mechanisms to comply with the
obligations of this paragraph: (i) If every lease or rider is identical in form, the owner conveying
an interest may provide DEQ with a copy of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
q. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; or
ii. as 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;
iii. as constituents of products and materials customarily used and stored in
high -density residential, retail, office, hotel, recreation, associated parking, and subject to DEQ
prior written approval, other commercial uses, provided such products and materials are stored in
original retail packaging and used and disposed of in accordance with applicable laws.
Land Use Restriction Update
r. During January of each year after the year in which the Notice referenced below
in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said January
l st, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Wake County Register of Deeds office and that the land use restrictions are being complied
with. If ownership of any portion of the Brownfields Property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time the grantor owned the
Brownfields Property during the calendar year of the transfer. The submitted LURU shall state the
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following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint
LURU is submitted, acquired any part of the Brownfields Property during the previous calendar
year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.m. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
s. A LURU submitted for rental units shall include enough of each lease (or rider
or abstract) entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 below of this Agreement; and
t. A property owners' association or other entity may perform this LURU duty, 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 Brownfields Property address, and the name, mailing address,
telephone number, 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 Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
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same violation or as to one occurring prior or subsequent thereto.
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 120
Hennepin Ventures LLC
Keith P. Harney
Chief Operating Officer
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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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
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Hennepin Ventures LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Peerless Master Cleaners and Dyers
OF 1997, NCGS § 130A-310.30, et seq. ) 501 Hillsborough Street; 500 W.
Brownfields Project No. 24020-20-092 ) Morgan Street; and 10 S. West Street
Raleigh, NC 27603
L INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Hennepin Ventures LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
sue. (the "Act") for the property located at 501 Hillsborough Street, 500 W. Morgan Street and
10 S. West Street (the "Brownfields Property"). The Brownfields Property was originally
comprised of 10 parcels that were assigned the addresses and Parcel Identification Numbers
(PINS) referenced below in paragraph 3. A map showing the location of the Brownfields
Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Hennepin Ventures LLC, a limited liability company, with
its principal office located at 1212 New York Avenue, NW, Suite 1000, Washington, DC 20005.
Hennepin Interests LLC, of the same address is the manager of Hennepin Ventures LLC. Keith
P. Harney is the Chief Operating Officer for the Prospective Developer.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
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Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Hennepin Ventures LLC for contaminants at the Brownfields Property.
The Parties agree that Hennepin Ventures LLC's entry into this Agreement, and the
actions undertaken by Hennepin Ventures LLC in accordance with the Agreement, do not
constitute an admission of any liability by Hennepin Ventures LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Hennepin Ventures LLC shall provide to DEQ, is in the public interest.
IL 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 Hennepin Ventures LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
501 Hillsborough Street, 500 W. Morgan Street and 10 S.
Parcel Address(es) & Parcel
West Street (PIN: 1703498069)
IDs
Formerly referenced as the following addresses and PINs:
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
501/503 Hillsborough Street (PIN: 1703499156)
509 Hillsborough Street (PIN: 1703498193)
513 Hillsborough Street (PIN: 1703498135)
515 Hillsborough Street (PIN: 1703497166)
502 W. Morgan Street (PIN: 1703499022)
510 W. Morgan Street (PIN: 1703488949)
512 W. Morgan Street (PIN: 1703498033)
512 W. Morgan Street (PIN: 1703497096)
514 W. Morgan Street (PIN: 1703497057)
10 S. West Street PIN: 1703499059
Acreage
1.12 acres
Current Property Owners
Hennepin Ventures LLC
Current Land Use(s)
Four unoccupied commercial buildings and associated surface
paved parking areas.
Site Vicinity Land Use(s)
Gravel parking lot, a parking garage, commercial operations,
and railroad tracks.
High density residential, retail, office, hotel, recreation,
Proposed Reuse(s)
associated parking, and subject to DEQ's prior written
approval, other commercial uses.
Job creation, tax base increases, public health risk
Public Benefits of Reuse
remediation, revitalization of blighted areas, environmental
cleanup activities, expanded use of public transportation, and
directed resources.
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Previous uses of the Brownfields Property include single-
family residential (from at least 1903 to at least 1950) and the
four existing commercial buildings constructed in 1935, 1941,
1954 (including a basement) and 1959. In addition, three
additional commercial buildings were previously located on
former parcels 1703497166, 1703499059 and 1703488949;
Historical Operations &
however, these structures were demolished prior to the
Contaminant Sources
ownership of the property by the Prospective Developer.
Previous onsite tenants and/or operations include but are not
limited to various retail tenants, autobody repair (from at least
1940s to 1950s), automotive repair (from at least 1940s to at
least 2010), drycleaners (from at least 1936 tol972), a
cleaning and dyeing facility (from at least 1940s to 1970s) as
well as a printing facility (from at least 1940s to 1990s). The
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ENVIRONMENTAL INFORMATION SUMMARY
most recent operations included offices, a violin maker, a
basement bar, and an outdoor equipment and repair facility
that contained a paint room. A buried structure, likely a vault
or tank, is present on the southeastern portion of the
Brownfields Property on former PIN 1703499022. The buried
structure is located south of the former outdoor equipment
and repair facility building.
Four unoccupied commercial buildings with associated paved
parking areas (former PINS: 1703498135, 1703498193,
Current Operations/Activities
1703499156 and 1703499022). The remainder of the site
consists of paved parking and vacant land (former PINs:
1703497166, 1703488949, 1703498033, 1703497096 and
1703497057).
Soil: Several compounds including arsenic, benzo(a)pyrene,
hexavalent chromium, naphthalene, and 1,2,4-
trimethylbenzene were detected in soil above their respective
DEQ Preliminary Soil Remedial Goals (PSRGs) for
residential land uses, with 1,2,4-trimethylbenzene driving the
risk for the non -cancer hazard index for direct exposure to
residential soil of 1.1. Other compounds were detected in
onsite soils, including benzo(g,h,i)perylene, 4-
isopropyltoluene, and phenanthrene, but there are no
established PSRGs for these compounds.
Groundwater: Site groundwater results indicated
concentrations of chlorinated and petroleum volatile organic
compounds (VOCs), a semi-VOC, and metals in excess of
Contaminated Media
their respective NC 2L groundwater standards. Various
groundwater contaminants detected in 2022 at the
Brownfields Property exceed the Residential Vapor Intrusion
Screening Levels (VISLs) for VOCs in groundwater.
Sub -Slab Soil Gas: Benzene, chloroform, 1,4-
dichlorobenzene, tetrachloroethene (PCE) and trichloroethene
(TCE) exceeded their respective residential VISLs for soil
vapor. Other compounds detected in the sub -slab vapor
samples include acetone, 1,3-dichlorobenzene, cis-1,2
dichloroethene, ethanol, 4-ethyltoluene,
trichlorofluoromethane, and 2,2,4-trimethylpentane, but there
are no established VISLs for these compounds.
Exterior Soil Gas: Benzene, chloroform, 1,2-dichloro ro ane,
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ENVIRONMENTAL INFORMATION SUMMARY
and ethylbenzene were detected above the residential VISLs.
Other compounds detected include acetone, ethanol, 4-
ethyltoluene, trichlorofluoromethane, and 2,2,4-
trimethylpentane; however, residential VISLs have not been
established for these compounds.
Indoor Air: This type of sample was not collected on the
Brownfields Property.
Surface Water/Sediment: No surface water is located on the
Brownfields Property.
ID Numbers/Permits
IHSB NONCD0002416 and Water Quality 87548
Onsite Receptors Considered
Future onsite residents, visitors, onsite workers, construction
workers, and trespassers.
i. Water supply wells: No public or irrigation wells were
identified in the surrounding area, and the potable water
supply for the Brownfields Property and the surrounding
areas is a municipal source.
ii. Residential structures, churches, or childcare centers: Two,
Potential Offsite Receptors
multi -family residential structures are located approximately
Considered
375 feet to the northwest (610 Hillsborough Street) and 475
feet to the southeast (317 W. Morgan Street) of the
Brownfields Property. A middle school is present
approximately 175 feet east (401 Hillsborough Street).
iii. Surface water: The nearest surface water is located
approximately 3,500 feet to the south-southwest.
Groundwater: PCE, petroleum hydrocarbon, and metal
contaminants of concern (COCs) are known to be present in
onsite groundwater; however, based on the distribution of the
Potential Offsite Migration
COCs in groundwater and groundwater flow directions, an
Pathways
offsite groundwater concern has not been identified.
Soil Vapor: Petroleum and chlorinated volatile organic
compound COCs have been identified onsite; however, based
on the distribution of COCs in soil vapor and the calculated
hazard indices, a soil vapor concern has not been identified
for offsite pathways.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
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the "Environmental Reports," include:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Results for Limited Phase II Environmental
TRC Environmental
October 13, 2005
Investigation
Corporation
Phase I Environmental Site Assessment, 500
ECS Southeast, LLP
August 2, 2019
Hillsborough Street Site
Report of Environmental Services, 500
ECS Southeast, LLP
November 27, 2019
Hillsborough Street Site
Geotechnical Engineering Report, 500
ECS Southeast, LLP
January 23, 2020
Hillsborough
Brownfields Assessment Report for
Brownfields Environmental Assessment Work
ECS Southeast, LLP
July 20, 2022
Plan Rev. 2.0 Dated February 10, 2022
Environmental in -Situ Soil Assessment
Report Revision 1 For Brownfields
August 8, 2022,
Environmental Assessment In -Situ Soil
ECS Southeast, LLP
revised August 24,
Assessment Work Plan Rev. 1.0 Dated May
2022
24, 2022
Brownfields Property Receptor Survey
ECS Southeast, LLP
September 29, 2022
IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated March 30, 2020, and the
following:
a. On February 24, 2020, Prospective Developer purchased the Brownfields
Property identified formerly as parcel 1703498193.
b. On May 19, 2021, Prospective Developer purchased the Brownfields Property
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identified formerly as parcel 1703488949.
c. On August 31, 2022, Prospective Developer purchased the Brownfields
Property identified formerly as parcels 1703499156, 1703497166, 1703498135, 1703499059,
1703499022, 1703498033, 1703497096 and 1703497057.
d. On March 21, 2023, Prospective Developer acquired the 10-foot right-of-way
that the City of Raleigh approved abandoning per their July 5, 2022 Resolution No. (2022) 391
pursuant to a Recombination, Right of Way Dedication, and Easements Plat that was recorded
for that portion of the Brownfields Property at the Wake County Register of Deeds (Book:
BM2023, Page: 00551-00552).
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
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d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of short-term jobs during construction and full-time jobs after
redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional high -density residential, retail, office, hotel, recreation, associated
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parking, and subject to DEQ prior written approval, other commercial uses;
f, expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
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Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available information,
and subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.d below.
VIL LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards.
Land Uses
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, hotel, recreation, associated parking, and subject to DEQ 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,
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courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "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;
are provided;
iii. "Office" is defined as a place where business or professional services
iv. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and onsite
hospitality, management and reception services.
v. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same;
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
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centers, or pre-schools, primary and secondary schools without the prior written approval of
KW
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
d. 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 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., underground storage tanks [USTs], tanks, drums, septic drain fields, oil -
water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
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Brownfields Property during redevelopment.
Redevelopment Summary Report
e. By January 31 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 on environment -related
activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
f. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
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in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Removal of Buried Structure
g. Not later than completion of redevelopment, the known buried structure
identified above in paragraph 3 shall be removed and addressed to the satisfaction of DEQ.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d. above, or a plan
approved in writing in advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
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ii. mowing and pruning of aboveground 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
EMP as outlined in subparagraph 12.d. above.
j. 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 12.d. above.
k. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways of the Brownfields Property as delineated
on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this
Agreement.
1. The Brownfields Property may not be used as a playground, except in areas
where sampling has shown that clean soils are present, or two feet of 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
16, maintained, and left undisturbed other than through normal playground, child care center or
school use.
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Vapor Intrusion
in. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
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engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
n. 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.
Damage to Wells
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors
or its tenants, the owner shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
Notifications upon Transfer
p. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land
records, Book , Page .99A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
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Law. The owner conveying a leasehold interest may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease or rider is identical in form, the owner
conveying an interest may provide DEQ with a copy of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Separating Old from New Contamination
q. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; or
ii. as 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;
iii. as constituents of products and materials customarily used and stored
in high -density residential, retail, office, hotel, recreation, associated parking, and subject to
DEQ prior written approval, other commercial uses, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws.
In
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

Land Use Restriction Update
r. During January of each year after the year in which the Notice referenced below
in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1 st
of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Wake County Register of Deeds office and that the land use restrictions are being
complied with. If ownership of any portion of the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. 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;
andiii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph
12.m. above are performing as designed, and whether the uses of the ground floors, including
any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems
19
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

have changed, and, if so, how, and under which precautions so as not to interfere with the
operation of said system.
s. A LURU submitted for rental units shall include enough of each lease (or rider
or abstract) entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 below of this Agreement; and
t. A property owners' association or other entity may perform this LURU duty, 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 Brownfields Property address, and the name, mailing
address, telephone number, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.n. above, while Prospective Developer owns the Brownfields Property, Prospective Developer
20
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

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.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake 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
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page
" A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph as to leasehold interests: (i) If every lease or rider
is identical in form, Prospective Developer may provide DEQ with a copy of a form lease or
rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
22
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 3 La. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than the uses provided in
paragraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
23
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

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
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
24
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

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
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et SeMc .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
25
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIIL PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Parry'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 Parry for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
26
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
27
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. Mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Keith P. Harney, Chief Operating Officer (or successor in function)
Hennepin Ventures LLC
1212 New York Avenue NW, Suite 1000
Washington, DC 20005
Notices and submissions sent by prepaid first-class U.S. Mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Parry believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
29
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
30
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
Hennepin Ventures LLC
By:
Keith P. Harney
Chief Operating Officer
Date
31
Peerless Master Cleaners and Dyers /24020-20-092/17November2023

Exhibit 1
Brownfields Property Name: Peerless Master Cleaners and Dyers
Brownfields Project Number: 24020-20-092
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Peerless Master Cleaners and Dyers/24020-20-092/17November2023

Exhibit 2
Brownfields Property Name: Peerless Master Cleaners and Dyers
Brownfields Project Number: 24020-20-092
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
p g
Concentration
Exceeding
Standard /L
Standard
(µg/I )
Barium
TW-2
11/7/2019
1,840
700
Bis(2-ethylhexyl) phthalate
Du -3 GW-1
4/28/2022
36.2
3
MW-3
11/7/2019
9.5
Chromium
TW-2
11/7/2019
21
10
TW-5
11/7/2019
39.6
4/27/2022
GW-12
11.7
Chromium, Hexavalent
TW-1
11/7/2019
0.173
NSE
TW-2
0.419
TW-3
0.660
TW-4
0.258
TW-5
0.676
TW-6
0.211
TW-7
0.610
MW-2
2.52
MW-3
0.241
GW-1/DUP-3
4/28/2022
0.618/0.654
GW-2
0.383
GW-3
4/27/2022
11.6
GW-6
4/27/2022
1.43
GW-8
5/3/2022
0.507
GW-9
0.803
GW-10
5/3/2022
2.66
GW-II/DUP-2
4/27/2022
1.28/1.22
GW-12
4/27/2022
9.3
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard /L
Standard
Gtg/L)
Chromium, Hexavalent
MW-2
4/28/2022
1.78
NSE
MW-3
4/27/2022
0.202
1,2-Dichloroethane
GW-8
5/3/2022
0.40 J
0.4
GW-12
4/27/2022
0.86 J
MW-1
5/3/2022
9.0
1,2-Dichloro ro ane
GW-8
5/3/2022
1.3
0.6
Lead
TW-2
11/7/2019
18.6
15
Mercury
TW-1
11/7/2019
2.3
1
Naphthalene
SB-4'
10/6/2005
26
6
GW-1/DUP-3
4/28/2022
14.3/12.7
Tetrachloroethene
11/7/2019
0.7
MW-3
2.2
GW-1/DUP-3
4/28/2022
1.6/1.4
GW-6
4/27/2022
0.69 J
MW-2
4/28/2022
1.1
MW-3
4/27/2022
2.4
SB-4'
10/6/2005
2.3
'Soil boring SB-4 was extended to 36 feet below ground surface, and a groundwater sample was collected
through a well screen placed inside the Geoprobe rod. The data from this well was obtained from a
tabular summary in the TRC Environmental Corporation Results for Limited Phase II Environmental
Investigation (October 13, 2005) without the accompanying laboratory data packages. Therefore, this
data is provided for documentation purposes only and will not be used for quantitative risk analysis.
J — The reported concentration is an estimated value between the method detection limit and the
laboratory reporting limit.
2
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (July 2023 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential VI
Screening
Level
(µg/L)
Acetone
GW-2
4/28/2022
5.6 J
NSE
Chloroform
4/27/2022
0.81
GW-I I /Du -2
2.0/2.0
GW-12
4/27/2022
3.0
1,2-Dichloroethane
MW-1
5/3/2022
9.0
2.2
p-Isopropyltoluene
GW-1/DUP-3
4/28/2022
6.7/5.7
NSE
GW-8
5/3/2022
8.7
MW-3
4/27/2022
0.72 J
Mercury elemental
TW-1
11/7/2019
2.3
0.18
Naphthalene
GW-1/DUP-3
4/28/2022
14.3/12.7
4.6
Trichlorofluoromethane
TW-2
11/7/2019
1.3
N S E
GW-3
4/27/2022
0.36 J
GW-11
0.35 J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
GP-3
0-5
11 /6/2019
1.3
0.68
GP-5
0-10
1.0
GP-7
0-5
1.9
GP-8
0-5
1.4
SS-1/DUP-1
12.5-15
4/26/2022
1.06/0.91
SS-2
0.76
131-1
0-5
5/23/2022
3.15
B1-2/DUP-1
5-7.5
5/23/2022
1.88/1.68
132-1
0-5
5/24/2022
2.32
B2-2/DUP-2
5-6
5/24/2022
2.43/2.11
B3-1/DUP-5
0-5
5/27/2022
2.85/2.7
133-2
5-7
5/27/2022
3.32
134-1
0-5
5/27/2022
3.21
135-1
0-5
5/25/2022
3.81
135-2
5-11
5/25/2022
2.04
B6-1/DUP-3
0-5
5/25/2022
3.11/3.01
136-2
5-11
5/25/2022
2.42
137-1
0-5
5/24/2022
2.27
137-2
5-10
5/24/2022
2.64
B8-1/DUP-4
0-5
5/26/2022
2.79/3.37
138-2
5-8.5
5/26/2022
2.74
Benzo a rene
135-1
0-5
5/25/2022
0.218J
0.11
Benzo[g,h,i]perylene
135-1
0-5
5/25/2022
0.124 J
NSE
Chromium, Hexavalent
131-1
0-5
5/23/2022
0.601
0.31
132-1
0-5
5/24/2022
0.545
B2-2/DUP-2
5-6
5/24/2022
0.587/0.354 J
133-2
5-7
5/27/2022
0.468 J
135-1
0-5
5/25/2022
0.575
135-2
5-11
5/25/2022
0.386 J
B6-1/DUP-3
0-5
5/25/2022
1.65/0.784
136-2
5-11
5/25/2022
0.795
137-1
0-5
5/24/2022
0.511
137-2
5-10
5/24/2022
0.485 J
4
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Chromium, Hexavalent
B8-2
5-8.5
5/26/2022
0.524
0.31
DUP-5
0-5
5/27/2022
0.409 J
4-Isopropyltoluene
B2-1
0-5
5/23/2022
0.00633
NSE
B5-1
0-5
5/25/2022
0.00708
B7-1
0-5
5/24/2022
19.5
B7-2
5-10
5/24/2022
16.7
DUP-2
5-6
5/24/2022
13.3
Naphthalene
B7-1
0-5
5/24/2022
15.3
2.1
B7-2
5-10
5/24/2022
9.42
DUP-2
5-6
5/24/2022
7.87
Phenanthrene
B5-1
0-5
5/25/2022
0.277 J
NSE
1,2,4-Trimethylbenzene
B7-1
0-5
5/24/2022
135
63
B7-2
5-10
5/24/2022
196
DUP-2
5-6
5/24/2022
188
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
These single digit arsenic values are consistent with naturally occurring arsenic in NC soils.
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(Vg/M3)/m3
Residential
Screening
Level'
Benzene
DUP-5
4/14/2022
15.6
12
Chloroform
SG-9
4/14/2022
38.9
4.1
1,3-Dichlorobenzene
SG-13
4/14/2022
4.71
NSE
1,4-Dichlorobenzene
DUP-6
5/3/2022
13.9
8.5
cis-1,2 Dichloroethene
SG-2
5/3/2022
0.456 J
NSE
Ethanol
SG-2/DUP-6
5/3/2022
10.4/17.3
NSE
SG-4/DUP-5
4/14/2022
92.2/ 103
SG-5
4/14/2022
41.5
SG-6
4/14/2022
24.7
SG-7
4/14/2022
100
SG-8
4/14/2022
47.7
SG-9
4/14/2022
51.3
SG-10
4/14/2022
107
SG-11
4/14/2022
33.8
SG-12
4/14/2022
65
SG-13
4/14/2022
50.2
4-Ethyltoluene
SG-2/DUP-6
5/3/2022
15.7/15.9
NSE
SG-4/DUP-5
4/14/2022
0.564 J/5.64
SG-12
4/14/2022
0.569 J
Tetrachloroethene
SG-5
4/14/2022
339
280
SG-7
4/14/2022
443
Trichloroethene
SG-4
4/14/2022
21.8
14
Trichlorofluoromethane
SG-2/DUP-6
5/3/2022
2.29/2.33
NSE
SG-4/DUP-5
4/14/2022
1.31 / 1.49
SG-5
4/14/2022
13.5
SG-6
4/14/2022
3.72
SG-7
4/14/2022
2.28
SG-8
4/14/2022
1.49
SG-9
4/14/2022
1.69
SG-10
4/14/2022
1.69
SG-11
4/14/2022
1.45
SG-12
4/14/2022
1.66
SG-13
4/14/2022
38.9
2,2,4-Trimethylpentane
SG-12
4/14/2022
0.668 J
NSE
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
Note: Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the soil gas screening level for acetone is no longer being
published. The most recent Residential Soil Gas Screening Level for acetone was 220,000 µg/m3, and
none of the detected concentrations exceeded this limit. Therefore, acetone data are not summarized on
this table but remain available in the reports related to this property.
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
Gtg/m,)/m3
Residential
Screening
Level'
Benzene
SG-3
4/14/2022
51.7
12
SG-14/DUP-4
4/27/2022
20.6/30.3
Chloroform
SG-3
4/14/2022
11.4
4.1
SG-14/DUP-4
4/27/2022
10.5/15.6
1,2-Dichloropropane
SG-3
4/14/2022
30.4
25
DUP-4
4/27/2022
28.9
Ethanol
SG-1
4/27/2022
6.98
NSE
SG-3
4/14/2022
4.94
SG-14/DUP-4
4/27/2022
6.43/22.8
SG-15
4/27/2022
8.28
Eth lbenzene
DUP-4
4/27/2022
45.1
37
4-Ethyltoluene
SG-1
4/27/2022
0.667 J
NSE
SG-3
4/14/2022
3.21
SG-14/DUP-4
4/27/2022
5.6/ 10
SG-15
4/27/2022
0.667 J
Trichlorofluoromethane
SG-1
4/27/2022
4,510
NSE
SG-3
4/14/2022
314
SG-14/DUP-4
4/27/2022
23.4/ 149
SG-15
4/27/2022
38.9
2,2,4-Trimethylpentane
SG-1
4/27/2022
34.8
NSE
SG-3
4/14/2022
214
SG-14/DUP-4
4/27/2022
127/175
SG-15
4/27/2022
4.65
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
Note: Acetone was detected in most of the exterior soil gas samples collected; however, because acetone
is a common analytical laboratory introduced compound, the soil gas screening level for acetone is no
longer being published. The most recent Residential Soil Gas Screening Level for acetone was 220,000
µg/m3, and none of the detected concentrations exceeded this limit. Therefore, acetone data are not
summarized on this table but remain available in the reports related to this property.
Peerless Master Cleaners and Dyers/24020-20-092/17November2023

SURVEYOR'S CERTIFICATE
I, JAY B. TAYLOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION
(DEED DESCRIPTION RECORDED IN BOOK AND PAGE AS SHOWN); THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK AND PAGE AS SHOWN; THAT THE RATIO OF
PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 75.422+; THAT
THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED
I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: G.S.
47-30 (F)(11)(C)(1). THIS SURVEY IS OF AN EXISTING PARCEL OR
PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN
EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS
DAY OF A.D.,
JAY B. TAYLOR, PROFESSIONAL LAND SURVEYOR L-5472
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LEGEND
0 EXISTING IRON PIPE
• IRON PIPE SET
A CALCULATED POINT
SOIL SAMPLE
GROUNDWATER SAMPLE
GQ SUB -SLAB VAPOR/EXTERIOR SOIL GAS SAMPLE
SOIL/GROUNDWATER SAMPLE
BROWNFIELD PROPERTY LINE
EXISTING PROPERTY LINE
ADJACENT PROPERTY LINE
BUILDING
S
N/F
NC DEPARTMENT OF
TRANSPORTATION
DIVISION RIGHT OF WAY AGENT
PIN: 1703497387
DB. 9264, PG. 289
'31 „ E
TWA- 2
131-1/131-2/DUP-1
B2-1/
B2-2/
DUP-2
SG-1
i
I
I
N/F
TIMOTHY W. STEPHENS, N/F
CARDIFF SHEA VCITYPLAT MODALIA 504 LLC
PIN:1703498381 PIN:1703499343
DB. 17268, PG. 938 DB. 18270, PG. 840
HILLSBOROUGH STREET
VARIABLE WIDTH PUBLIC R/W
DB. 9992, PG. 2009
S 85-53'39" E 196.63'
i
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PRIVATE DRAINAGE �1G
EASEMENT SG-6
TW-1 (STORM WATER ACCESS)
BM 2023, PG. 551
4G SG-5
SG-13
-------------------------------
TW-3/GP-3
GW-11/DUP-2
LOT 1
48,900 S.F.
1.12 AC. MW-3
BM 2023, PG. 551
GW--)12
0B3-1/D5/B3-2
�TW-4
0
B4-1
B6-1/
DUP3/
B6-2
B7-1/B7-2
$
SG-3 GW-3
MW-2
B5-1/B5-2
N 87'55'33" W 238.77'
SG-7
SG-2/DUP-6
SG-8
SS-1/DUP-1
B8-1/S
DUP-4/ GW-1/DUP-3 GW-2
B8-2 �S
SG-14/
DUP-4 GW-6
1
GP-8
500
SG-15
G
G
GW-5/DUP-7
W. MORGAN STREET
VARIABLE WIDTH PUBLIC R/W
DB. 7937, PG. 44
N/F
120 RALEIGH
(PROPERTY OWNER VENTU
PIN:1703488851
DB. 17677, PG. 25C
BM. 2013, PG. 037
O SS-2
SG-10
SG-1
--------------
MW-1
TW-6
9
SB-4
501
SG-9
I
I
I
SIDEWALK EASEMENT
BM 2023, PG. 551 I
TW-7/GP-7 I
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TW-5/GP-5 VARIABLE WIDTH
PERMANENT DRAINAGE
EASEMENT
DOT 8.2402901
DB. 7937, PG. 44�
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GENERAL NOTES:
1. THIS IS A SURVEY OF AN EXISTING PARCEL(S) OF LAND. THIS IS A BROWNFIELDS PLAT
2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
3. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83(2011)
4. ZONING: DX-20-SH
DOWNTOWN MIXED USE-12-SHOP FRONT(ZONING LETTER 02-11-2020)
5. PROPERTIES ARE WITHIN CITY OF RALEIGH LIMITS
6. AREA BY COORDINATE GEOMETRY
7. SAID DESCRIBED PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION OF "X" BY THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT, ON FLOOD INSURANCE RATE MAP NO. 3702431705J, WITH A DATE OF IDENTIFICATION
OF MAY 2, 2006, IN WAKE COUNTY, STATE OF NORTH CAROLINA, WHICH IS THE CURRENT FLOOD INSURANCE RATE MAP
FOR THE COMMUNITY IN WHICH SAID PROPERTY IS SITUATED
8. REFERENCES:
B.M. 1998, PG. 2430; B.M. 2007, PG. 1046; B.M. 2007, PG. 1546; B.M. 2008, PG. 264-268; B.M. 2010, PG.
503-504; B.M. 2009, PG. 669; D.B. 11808, PG. 404; B.M. 2011, PG. 542; B.M. 2014, PG. 1023-1025; B.M. 2014,
PG. 1164-1168 OF THE WAKE COUNTY REGISTRY OF DEEDS
9. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE
INFORMATION AT THE TIME OF FILING. A LISTING OF TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE
IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
1_ —
N/F
ACEF-HSR 400H LLC
ATTN: LISA SHER
PIN:1703591368
DB. 18637, PG. 1575
BM 2021, PG. 1380
I -
N/F I
NP LODEN 401H LLC
P I N:1703590185
DB. 19060, PG. 1851
I
I
I
I
I
N/F —
ERNEST GEORGE CHARLES I-
PIN:1703591008 I
DB. 635, PG. 00-E
I
I
w I
C/)a I
I
I
I
N/F I
NP LODEN 401 H, LLC
PIN:1703590072
DB. 18848, PG. 1559
I
I
I
I
N/F
COGGINS CONSTRUCTION
COMPANY
PIN: 170358089
DB. 2641, PG. 1
N
NC GRID NAD83(2011)
GRAPHIC SCALE
0 10 20 40
1 inch = 20 ft.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER
HENNEPIN VENTURES LLC
1212 NEW YORK AVENUE NW, SUITE 1000
WASHINGTON, DC 20002
PROSPECTIVE DEVELOPER
HENNEPIN VENTURES LLC
1212 NEW YORK AVENUE NW, SUITE 1000
WASHINGTON, DC 20002
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REVISIONS
NO. DATE
1
2
2
PLAN INFORMATION
FILENAME
2021110428-F2
CHECKED BY
JBT
DRAWN BY
KMM
SCALE
1"=20'
DATE
11.07.2022
SHEET
BROWNFIELDS
PLAT
1-2

2
v
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 MECKLENBURG 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 12 OF
THE BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE
HEREBY IMPOSED ON THE BROWNFIELDS PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR HIS/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS § 130A-310.35(E):
LAND USES
A. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR HIGH DENSITY RESIDENTIAL, RETAIL, OFFICE, HOTEL, RECREATION, ASSOCIATED PARKING, AND SUBJECT TO
DEQ PRIOR WRITTEN APPROVAL, OTHER COMMERCIAL USES. FOR PURPOSES OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
I. 'HIGH DENSITY RESIDENTIAL' IS DEFINED AS PERMANENT DWELLINGS WHERE RESIDENTIAL UNITS ARE ATTACHED TO EACH OTHER WITH COMMON WALLS, SUCH AS CONDOMINIA,
APARTMENTS, GROUP HOMES, DORMITORIES OR BOARDING HOUSES, AND ANY PROPERTY OUTSIDE THE DWELLING STRUCTURES IS USABLE BY ALL RESIDENTS AND NOT PRIVATELY OWNED AS
PART OF A PARTICULAR UNIT (E.G., PRIVATELY -OWNED COURTYARDS ARE PROHIBITED), AND MAY INCLUDE RELATED AMENITIES, SUCH AS POOLS, CLUBHOUSES, COURTYARDS, COMMON AREAS,
RECREATION AREAS AND PARKING GARAGES. SINGLE FAMILY HOMES, TOWNHOMES, DUPLEXES OR OTHER UNITS WITH YARDS ARE PROHIBITED
11. '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;
III. 'OFFICE" IS DEFINED AS A PLACE WHERE BUSINESS OR PROFESSIONAL SERVICES ARE PROVIDED;
IV. 'HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT LODGING TO PAYING CUSTOMERS, AND ASSOCIATED FOOD SERVICES, GYM, RESERVATION, CLEANING, UTILITIES, PARKING AND
ONSITE HOSPITALITY, MANAGEMENT AND RECEPTION SERVICES.
V. RECREATION" IS DEFINED AS INDOOR AND OUTDOOR EXERCISE -RELATED, PHYSICALLY FOCUSED, OR LEISURE -RELATED ACTIVITIES, WHETHER ACTIVE OR PASSIVE, AND THE
FACILITIES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS, SWIMMING OR WADING POOLS, SPLASH PADS, CLUBHOUSES, SPORTS -RELATED COURTS AND FIELDS, OPEN SPACE, GREENWAYS,
PARKS, PLAYGROUNDS, WALKING PATHS, PICNIC AND PUBLIC GATHERING AREAS, CAMPGROUNDS, BOAT DOCKS, AND MARINAS.
VI. 'PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME;
Mi. 'COMMERCIAL" IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
SPECIFIC PROHIBITIONS
B. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILDCARE CENTERS, ADULT CARE CENTERS, OR PRE-SCHOOLS, PRIMARY AND SECONDARY SCHOOLS WITHOUT THE PRIOR
WRITTEN APPROVAL OF DEQ.
C. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR DRY CLEANING OPERATIONS USING CHLORINATED SOLVENTS.
ENVIRONMENTAL MANAGEMENT PLAN
D. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORDANCE, AS DETERMINED BY DEQ, WITH AN ENVIRONMENTAL MANAGEMENT PLAN
('£MP') 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;
ABOVE; 11. ISSUES RELATED TO KNOWN OR POTENTIAL SOURCES OF CONTAMINATION, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN PARAGRAPH 3
III. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION THE TESTING OF SOIL AND GROUNDWATER, NEWLY DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL
CONTAMINATION (E.G., UNDERGROUND STORAGE TANKS [USTS], TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL -WATER SEPARATORS, SOIL CONTAMINATION); AND
IV. PLANS FOR THE PROPER CHARACTERIZATION AND DEQ APPROVAL OF BOTH FILL SOIL BEFORE IMPORT TO THE BROWNFIELDS PROPERTY AND THE DISPOSITION OF ALL SOIL
EXCAVATED FROM THE BROWNFIELDS PROPERTY DURING REDEVELOPMENT.
REDEVELOPMENT SUMMARY REPORT
E. BY JANUARY 31 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 ON ENVIRONMENT -RELATED ACTIVITIES SINCE THE LAST REPORT, WITH A SUMMARY AND DRAWINGS, THAT DESCRIBES:
I. ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH SECTION VI: WORK TO BE PERFORMED ABOVE;
II. SOIL GRADING AND CUT AND FILL ACTIONS;
III. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
IV. STOCKPILING, CONTAINERIZING, DECONTAMINATING, TREATING, HANDLING, LABORATORY ANALYSIS AND ULTIMATE DISPOSITION OF ANY SOIL, GROUNDWATER, OR OTHER MATERIALS
SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH REGULATED SUBSTANCES; AND
V. REMOVAL OF ANY CONTAMINATED SOIL, WATER, OR OTHER CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE, DEMOLITION DEBRIS) FROM THE BROWNFIELDS PROPERTY
(COPIES OF ALL LEGALLY REQUIRED MANIFESTS SHALL BE INCLUDED).
DEMOLI1ION AC11VIlIES
F. UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING IN ADVANCE BY DE IN RELATION TO PARTICULAR BUILDINGS DEMOLITION AND/OR RENOVATION OF
Q /
ANY OR ALL BUILDINGS ON THE BROWNFIELDS PROPERTY DEPICTED ON THE PLAT COMPONENT OF THE NOTICE REFERENCED IN PARAGRAPH 16 BELOW SHALL BE IN ACCORDANCE WITH
APPLICABLE LEGAL REQUIREMENTS, INCLUDING WITHOUT LIMITATION THOSE RELATED TO LEAD AND ASBESTOS ABATEMENT THAT ARE ADMINISTERED BY THE HEALTH HAZARDS CONTROL UNIT
WITHIN THE DIVISION OF PUBLIC HEALTH OF THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES.
REMOVAL OF BURIED STRUCTURE
G. NOT LATER THAN COMPLETION OF REDEVELOPMENT, THE KNOWN BURIED STRUCTURE IDENTIFIED ABOVE IN PARAGRAPH 3 SHALL BE REMOVED AND ADDRESSED TO THE
SATISFACTION OF DEQ.
GROUNDWATER
H. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ ALONG WITH ANY MEASURES DEQ DEEMS
NECESSARY TO ENSURE THAT THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 12.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE
ENVIRONMENT. SHOULD GROUNDWATER BE ENCOUNTERED OR EXPOSED DURING ANY ACTIVITY ON THE BROWNFIELDS PROPERTY, IT SHALL BE MANAGED IN ACCORDANCE WITH THE
DEQ-APPROVED EMP OUTLINED IN SUBPARAGRAPH 12.D. ABOVE, OR A PLAN APPROVED IN WRITING IN ADVANCE BY DEQ.
►'�
I. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN ADVANCE OF THE PROPOSED ACTIVITY, THAT SAID
ACTIVITY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN
SUBPARAGRAPH 12.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, EXCEPT:
I. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 24 INCHES;
11. MOWING AND PRUNING OF ABOVEGROUND 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 EMP AS OUTLINED IN SUBPARAGRAPH 12.D. ABOVE.
J. 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 12.D. ABOVE.
K. NO USE OF THE BROWNFIELDS PROPERTY MAY OCCUR UNTIL THE THEN OWNER OF THE BROWNFIELDS PROPERTY CONDUCTS REPRESENTATIVE FINAL GRADE SOIL SAMPLING, PURSUANT
TO A PLAN APPROVED IN WRITING BY DEQ, OF ANY AREA THAT IS NOT COVERED BY BUILDING FOUNDATIONS, SIDEWALKS, OR ASPHALTIC OR CONCRETE PARKING AREAS AND DRIVEWAYS OF
THE BROWNFIELDS PROPERTY AS DELINEATED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 16 OF THIS AGREEMENT.
L. THE BROWNFIELDS PROPERTY MAY NOT BE USED AS A PLAYGROUND EXCEPT IN AREAS WHERE SAMPLING HAS SHOWN THAT CLEAN SOILS ARE PRESENT OR TWO FEET OF CLEAN
FILL, OR ANOTHER COVER APPROVED IN WRITING IN ADVANCE BY DEQ, ARE INSTALLED TO DEQ'S WRITTEN SATISFACTION, DELINEATED TO DEVS WRITTEN SATISFACTION ON THE PLAT
COMPONENT OF THE NOTICE REFERENCED BELOW IN PARAGRAPH 16, MAINTAINED, AND LEFT UNDISTURBED OTHER THAN THROUGH NORMAL PLAYGROUND, CHILD CARE CENTER OR SCHOOL USE.
VAPOR INTRUSION
M. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY, AND NO EXISTING BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT COMPONENT OF THE NOTICE
OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 16 BELOW, MAY BE OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS AND PUBLIC HEALTH FROM THE RISK OF VAPOR INTRUSION BASED ON SITE ASSESSMENT DATA, OR A
SITE -SPECIFIC RISK ASSESSMENT APPROVED IN WRITING BY DEQ; OR
11. A VAPOR INTRUSION MITIGATION SYSTEM (VIMS) HAS BEEN:
1. DESIGNED TO MITIGATE THE INTRUSION OF SUBSURFACE VAPORS INTO BUILDING FEATURES IN ACCORDANCE WITH THE MOST RECENT AND APPLICABLE DWM VAPOR INTRUSION
GUIDANCE, INTERSTATE TECHNOLOGY & REGULATORY COUNCIL (ITRC) GUIDANCE, AND AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)/AMERICAN ASSOCIATION OF RADON SCIENTISTS AND
TECHNOLOGISTS (AARST) STANDARDS, AND THAT A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL, IS SATISFIED THAT THE
DESIGN IS FULLY PROTECTIVE OF PUBLIC HEALTH, AND SHALL INCLUDE A PERFORMANCE MONITORING PLAN DETAILING METHODOLOGIES AND SCHEDULE, BOTH OF WHICH ARE SUBJECT TO PRIOR
WRITTEN DEQ APPROVAL; AND
2. INSTALLED AND AN INSTALLATION REPORT IS SUBMITTED FOR WRITTEN DEQ
APPROVAL THAT INCLUDES AS -BUILT DIAGRAMS, PHOTOGRAPHS, AND A DESCRIPTION OF THE INSTALLATION, WITH SAID ENGINEER'S PROFESSIONAL SEAL CONFIRMING THAT THE ENGINEER IS
SATISFIED THAT THE SYSTEM WAS INSTALLED PER THE DEQ APPROVED DESIGN. IF ANY DEVIATIONS FROM THE SYSTEM DESIGN WERE NECESSARY DURING INSTALLATION, THEN THE REPORT
SHALL INCLUDE DETAILS ON SAID DEVIATIONS, AS WELL AS THE ENGINEER'S SEAL CERTIFYING THE VIMS, AS INSTALLED, WAS INSTALLED IN SUCH A MANNER SO AS TO BE FULLY PROTECTIVE
OF PUBLIC HEALTH.
PROPERTY ACCESS
N. 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.
DAMAGE TO WELLS
0. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY EXISTING, OR SUBSEQUENTLY INSTALLED, DEQ-APPROVED MONITORING WELL IS DAMAGED BY THE OWNER,
ITS CONTRACTORS OR ITS TENANTS, THE OWNER SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO DEQ'S WRITTEN SATISFACTION AND WITHIN A TIME PERIOD ACCEPTABLE TO DEQ,
UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING BY DEQ IN ADVANCE.
NOTIFICATIONS UPON TRANSFER
P. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NOTICE: 'THIS PROPERTY IS SUBJECT TO THE
BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN THE WAKE COUNTY LAND RECORDS, BOOK --------, PAGE A
COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED IN SECTION XVII (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDENTIAL INFORMATION
RELATED TO THE CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE CONFIDENTIALITY AND TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC
RECORDS LAW. THE OWNER CONVEYING A LEASEHOLD INTEREST MAY USE THE FOLLOWING MECHANISMS TO COMPLY WITH THE OBLIGATIONS OF THIS PARAGRAPH: (1) IF EVERY LEASE OR
RIDER IS IDENTICAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH A COPY OF A FORM LEASE OR RIDER EVIDENCING COMPLIANCE WITH THIS SUBPARAGRAPH, IN LIEU
OF SENDING COPIES OF ACTUAL, EXECUTED LEASES, TO THE PERSONS LISTED IN SECTION XVII (NOTICES AND SUBMISSIONS); OR (11) THE OWNER CONVEYING AN INTEREST MAY PROVIDE
ABSTRACTS OF LEASES, RATHER THAN FULL COPIES OF SAID LEASES, TO THE PERSONS LISTED IN SECTION XVII.
SEPARATING OLD FROM NEW CONTAMINATION
Q. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT, AND AS
MODIFIED BY DEQ IN WRITING IF ADDITIONAL CONTAMINANTS IN EXCESS OF APPLICABLE STANDARDS ARE DISCOVERED AT THE BROWNFIELDS PROPERTY, MAY BE USED OR STORED AT THE
BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ, EXCEPT:
I. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES; OR
II. AS 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;
III. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN HIGH -DENSITY RESIDENTIAL, RETAIL, OFFICE, HOTEL, RECREATION, ASSOCIATED PARKING,
AND SUBJECT TO DEQ PRIOR WRITTEN APPROVAL, OTHER COMMERCIAL USES, PROVIDED SUCH PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED
OF IN ACCORDANCE WITH APPLICABLE LAWS.
LAND USE RESTRICTION UPDATE
R. DURING JANUARY OE.T EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 16 IS RECORDED, THE OWNER OF ANY PART OF THE BROWNFIELDS
PROPERTY AS OF JANUARY 1 OF THAT YEAR SHALL SUBMIT A NOTP�ZED LAND USE RESTRICTIONS UPDATE ('LURU') TO DEQ, AND TO THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL
OFFICIALS OF WAKE COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS RECORDED AT THE
WAKE COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. IF OWNERSHIP OF ANY PORTION OF THE BROWNFIELDS PROPERTY IS
TRANSFERRED, THE GRANTOR SHALL SUBMIT A LURU (AS OUTLINED ABOVE) WHICH COVERS THE PERIOD OF TIME THE GRANTOR OWNED THE BROWNFIELDS PROPERTY DURING THE CALENDAR
YEAR OF THE TRANSFER. THE SUBMITTED LURU SHALL STATE THE FOLLOWING:
I. THE BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER, OR BOARD,
ASSOCIATION OR APPROVED ENTITY, SUBMITTING THE LURU IF SAID OWNER, OR EACH OF THE OWNERS ON WHOSE BEHALF A JOINT LURU IS SUBMITTED, ACQUIRED ANY PART OF THE
BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
II. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E-MAIL ADDRESS, IF SAID OWNER, OR EACH OF THE OWNERS ON WHOSE BEHALF A
JOINT LURU IS SUBMITTED, TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR; AND
III. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TO SUBPARAGRAPH 12.M. ABOVE ARE PERFORMING AS DESIGNED, AND WHETHER THE USES
OF THE GROUND FLOORS, INCLUDING ANY TENANT RENOVATIONS, OF ANY BUILDINGS CONTAINING SUCH VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVE CHANGED, AND, IF SO, HOW, AND
UNDER WHICH PRECAUTIONS SO AS NOT TO INTERFERE WITH THE OPERATION OF SAID SYSTEM.
S. A LURU SUBMITTED FOR RENTAL UNITS SHALL INCLUDE ENOUGH OF EACH LEASE (OR RIDER OR ABSTRACT) ENTERED INTO DURING THE PREVIOUS CALENDAR YEAR TO DEMONSTRATE
COMPLIANCE WITH LESSEE NOTIFICATION REQUIREMENTS IN PARAGRAPHS 17 AND 18 BELOW OF THIS AGREEMENT, AND
T. A PROPERTY OWNERS' ASSOCIATION OR OTHER ENTITY MAY PERFORM THIS LURU DUTY, ON BEHALF OF SOME OR ALL OWNERS OF THE BROWNFIELDS PROPERTY, IF SAID ASSOCIATION
OR EN11TY HAS ACCEPTED RESPONSIBILITY FOR SUCH PERFORMANCE PURSUANT TO A NOTARIZED INSTRUMENT SATISFACTORY TO DEQ THAT INCLUDES AT A MINIMUM, THE BROWNFIELDS
PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF EACH OWNER ON WHOSE BEHALF THE LURU IS PROPOSED TO BE SUBMITTED.
for the purposes of N.C.G.S. § 130A-310.35
BRUCE NICHOLSON, CHIEF
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
EXHIBIT 2
BROWNFIELDS PROPERTY NAME: PEERLESS MASTER CLEANERS AND DYERS
BROWNFIELDS PROJECT NUMBER: 24020-20-092
THE FOLLOWING TABLES SET FORTH, FOR CONTAMINANTS PRESENT AT THE BROWNFIELDS
PROPERTY ABOVE UNRESTRICTED USE STANDARDS OR SCREENING LEVELS AS REPORTED IN THE
ENVIRONMENTAL REPORTS IN PARAGRAPH 4 OF THE BROWNFIELDS AGREEMENT TO WHICH THIS
IS AN EXHIBIT, THE CONCENTRATION FOUND AT EACH SAMPLE LOCATION, AND THE APPLICABLE
STANDARD OR SCREENING LEVEL. SCREENING LEVELS AND STANDARDS ARE SHOWN FOR
REFERENCE ONLY AND ARE NOT SET FORTH AS CLEANUP OR MITIGATION LEVELS FOR PURPOSES
OF THIS AGREEMENT.
GROUNDWATER
GROUNDWATER CONTAMINANTS IN MICROGRAMS PER LITER (THE EQUIVALENT OF PARTS
PER BILLION), THE STANDARDS FOR WHICH ARE CONTAINED IN TITLE 15A OF THE NORTH
CAROLINA ADMINISTRATIVE CODE, SUBCHAPTER 2L (2L), RULE .0202, OR THE 2L GROUNDWATER
INTERIM MAXIMUM ALLOWABLE CONCENTRATIONS (IMACS) (APRIL 1, 2022 VERSION):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
Standard
(µme)
Barium
TW-2
11/7/2019
1,840
700
Bis(2-ethylhexyl) ph
Du -3 GW-1
4/28/2022
36.2thalate
3
MW-3
11/7/2019
9.5
Chromium
TW-2
11/7/2019
21
10
TW-5
11/7/2019
39.6
GW-3
4/27/2022
15.6
GW-12
11.7
Chromium, Hexavalent
TW-1
11/7/2019
0.173
NSE
T W-2
0.419
TW-3
0.660
TW-4
0.258
TW-5
0.676
TW-6
0.211
TW-7
0.610
NW-2
2.52
.241
GW-IlDUP-3
4/28/2022
0.6018/0 654
GW-2
0.383
GW-3
4/27/2022
11.6
GW-5/DUP-7
5/3/2022
1.21/1.13
GW-6
4/27/2022
1.43
GW-8
5/3/2022
0.507
GW-9
0.803
GW-10
5/3/2022
2.66
GW-11/DUP-2
4/27/2022
1.28/1.22
Chromium, Hexavalent
GW-12
4/27/2022
9.3
NSE
NW-2
4/28/2022
1.78
MW-3
4/27/2022
0.202
1,2-Dichloroethane
GW-8
5/3/2022
0.40 J
0.4
GW-12
4/27/2022
0.86 J
NfW-1
5/3/2022
9.0
1,2-Dichloro ro anc
GW-8
5/3/2022
1.3
0.6
Lead
TW-2
11/7/2019
18.6
15
Mercury
TW-1
11/7/2019
2.3
1
Naphthalene
S13 4'
10/6/2005
26
6
GW-1/DUP-3
4/28/2022
14.3/12.7
Tetrachloroethene
11/7/2019
1.1
0.7
MW-3
2.2
GW-1/DUP-3
4/28/2022
1.6/1.4
GW-6
4/27/2022
0.69 J
MW-2
4/28/2022
1.1
MW-3
4/27/2022
2.4
S13 4'
10/6/2005
2.3
COI;SOIL BORING S13-4 WAS EXTENDED TO 36 FEET BELOW GROUND SURFACE, AND A GROUNDWATER
SAMPLE WAS COLLECTED THROUGH A WELL SCREEN PLACED INSIDE THE GEOPROBE ROD. THE DATA FROM
THIS WELL WAS OBTAINED FROM A TABULAR SUMMARY IN THE TRC ENVIRONMENTAL CORPORATION
RESULTS FOR LIMITED PHASE II ENVIRONMENTAL INVESTIGATION (OCTOBER 13, 2005) WITHOUT THE
ACCOMPANYING LABORATORY DATA PACKAGES. THEREFORE, THIS DATA IS PROVIDED FOR
DOCUMENTATION PURPOSES ONLY AND WILL NOT BE USED FOR QUANTITATIVE RISK ANALYSIS.
J - THE REPORTED CONCENTRATION IS AN ESTIMATED VALUE BETWEEN THE METHOD DETECTION LIMIT
AND THE LABORATORY REPORTING LIMIT.
Date
GROUNDWATER VAPOR INTRUSION RISK
GROUNDWATER CONTAMINANTS WITH POTENTIAL FOR VAPOR INTRUSION (VI) IN
MICROGRAMS PER LITER (THE EQUIVALENT OF PARTS PER BILLION), THE VAPOR INTRUSION
SCREENING LEVELS FOR WHICH ARE CONTAINED IN THE DIVISION OF WASTE MANAGEMENT
VAPOR INTRUSION GUIDANCE, RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS (VISL)
(JULY 2023 VERSION):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level'
Intrusion
Level(µg/L)
(µg/L)
Acetone
GW-2
4/28/2022
5.6 J
NSE
4/27/2022
GW_1 I /Du -2
2 0/2.0
Chloroform
0.81
GW-12
4/27/2022
3.0
1,2-Dichloroethane
MW-1
5/3/2022
9.0
2.2
GW-1/DUP-3
4/28/2022
6.7/5.7
GW-8
5/3/2022
8.7
p-Isopropyltoluene
NSE
MW-3
4/27/2022
0.72 J
Mercury (elemental)
TWA
11/7/2019
2.3
0.18
Naphthalene
GW-1/DUP-3
4/28/2022
14.3/12.7
4.6
TW-2
11/7/2019
1.3
Trichlorofluoromethane
NSE
GW-3
0.36 J
4/27/2022
GW-11
0.35 J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
SE -No screening level established.
T - The reported concentration is an estimated value between the method detection limit and the laborato
reporting limit.
SOIL
SOIL CONTAMINANTS IN MILLIGRAMS PER KILOGRAM (THE EQUIVALENT OF PARTS PER
MILLION), THE SCREENING LEVELS FOR WHICH ARE DERIVED FROM THE PRELIMINARY
RESIDENTIAL HEALTH -BASED SOIL REMEDIATION GOALS OF THE INACTIVE HAZARDOUS SITES
BRANCH OF DEQ'S SUPERFUND SECTION (JULY 2023 VERSION):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
GP-3
0-5
11/6/2019
1.3
0.68
GP-5
0-10
1.0
GP-7
0-5
19
GP-8
0-5
1.4
SS-l/DUP-1
12.5-15
4/26/2022
1.06/0.91
SS-2
0.76
Bl-1
0-5
5/23/2022
3.15
B1-2/DUP-1
5-7.5
5/23/2022
1.88/1.68
B24
0-5
5/24/2022
2.32
B2-2/DUP-2
5-6
5/24/2022
2.43/2.11
B3-1/DUP-5
0-5
5/27/2022
2.85/2.7
B3-2
5-7
1 5/27/2022
3.32
B44
0-5
5/27/2022
3.21
B54
0-5
5/25/2022
3.81
B5-2
5-11
5/25/2022
2.04
B6-1/DUP-3
0-5
5/25/2022
3.11/3.01
B6-2
5-11
5/25/2022
2.42
B74
0-5
1 5/24/2022
2.27
B7-2
5-10
5/24/2022
2.64
B8-1/DUP-4
0-5
5/26/2022
2.79/3.37
B8-2
5-8.5
5/26/2022
2.74
Benzo a rene
B54
0-5
5/25/2022
0.218J
0.11
Benzo[ ,h,i] e lease
B5-1
0-5
5/25/2022
0.124 J
NSE
Chromium, Hexavalent
B1-1
0-5
5/23/2022
0.601
0.31
B24
0-5
5/24/2022
0.545
B2-2/DUP-2
5-6
5/24/2022
0.587/0.354 J
B3-2
5-7
5/27/2022
0.468 J
B5-1
0-5
5/25/2022
0.575
B5-2
5-11
5/25/2022
0.386 J
B6-1/DUP-3
0-5
5/25/2022
1.65/0.784
B6-2
5-11
5/25/2022
0.795
B74
0-5
5/24/2022
0.511
B7-2
5-10
5/24/2022
0.485 J
Chromium, Hexavalent
B8-2
5-8.5
5/26/2022
0.524
0.31
DUP-5
0-5
5/27/2022
0.409 J
4-Isopropyltoluene
B24
0-5
5/23/2022
0.00633
NSE
B54
0-5
5/25/2022
0.00708
B7-1
0-5
5/24/2022
19.5
B7-2
5-10
5/24/2022
16.7
DUP-2
5-6
5/24/2022
13.3
Naphthalene
B74
0-5
5/24/2022
15.3
2.1
B7-2
5-10
5/24/2022
9.42
DUP-2
5-6
5/24/2022
7.87
Phenanthrene
B5-1
0-5
5/25/2022
0.277 J
NSE
1,2,4-Trimethylbenzene
B74
0-5
5/24/2022
135
63
B7-2
5-10
5/24/2022
196
DUP-2
5-6
5/24/2022
188
Greening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
SE -No screening level established.
- The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
hese single digit arsenic values are consistent with naturally occurring arsenic in NC soils.
GENERAL NOTES:
1. FOR GENERAL NOTES SEE SHEET 1
SUB -SLAB VAPOR
SUB -SLAB VAPOR CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING
LEVELS FOR WHICH ARE DERIVED FROM RESIDENTIAL VAPOR INTRUSION SCREENING
LEVELS OF THE DIVISION OF WASTE MANAGEMENT (JULY 2023 VERSION):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(gg/ni)
Residential
Screening
Level'
m3
Benzene
DUP-5
4/14/2022
15.6
12
Chloroform
SG-9
4/14/2022
38.9
4.1
1,3-Dichlorobenzene
SG-13
4/14/2022
4.71
NSE
1,4-Dichlorobenzene
DUP-6
5/3/2022
13.9
8.5
cis-1,2 Dichloroethene
SG-2
5/3/2022
0.456 J
NSE
Ethanol
SG-2/DUP-6
5/3/2022
10.4/17.3
NSE
SG-4/DUP-5
4/14/2022
92.2/103
SG-5
4/14/2022
41.5
SG-6
4/14/2022
24.7
SG-7
4/14/2022
100
SG-8
4/14/2022
47.7
SG-9
4/14/2022
51.3
SG-10
4/14/2022
107
SG-11
4/14/2022
33.8
SG-12
4/14/2022
65
SG-13
4/14/2022
50.2
4-Ethyltoluene
SG-2/DUP-6
5/3/2022
15.7/15.9
NSE
SG-4/DUP-5
4/14/2022
0.564 J/5.64
SG-12
4/14/2022
0.569 J
Tetrachloroethene
SG-5
4/14/2022
339
280
SG-7
4/14/2022
443
Trichloroethene
SG-4
4/14/2022
21.8
14
Trichlorofluoromethane
SG-2/DUP-6
5/3/2022
2.29/2.33
NSE
SG-4/DUP-5
4/14/2022
1.31/1.49
SG-5
4/14/2022
13.5
SG-6
4/14/2022
3.72
SG-7
4/14/2022
2.28
SG-8
4/14/2022
1.49
SG-9
4/14/2022
1.69
SG-10
4/14/2022
1.69
SG-11
4/14/2022
1.45
SG-12
4/14/2022
1.66
SG-13
4/14/2022
38.9
2,2,4-Trimethylpentane
SG-12
t411L1�ZW22_1
0.668 J
NSE
Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
SE -No screening level established.
- The reported concentration is an estimated value between the method detection limit and the laborato
reporting limit.
ote: Acetone was detected in every sub -slab sample collected; however, because acetone is a common
alytical laboratory introduced compound, the soil gas screening level for acetone is no longer being
ublished. The most recent Residential Soil Gas Screening Level for acetone was 220,000 ug/m', and
lone of the detected concentrations exceeded this limit. Therefore acetone data are not summarized on
his table but remain available in the reports related to this property.
EXTERIOR SOIL GAS
EXTERIOR SOIL GAS CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE
SCREENING LEVELS FOR WHICH ARE DERIVED FROM RESIDENTIAL VAPOR INTRUSION
SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (JULY 2023 VERSION):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
Residential
Screening
Level'
G1 m3)
(µ /m3)
Benzene
SG-3
4/14/2022
51.7
12
SG-14/DUP-4
4/27l2022
20.6l30.3
Chloroform
SG-3
4/14/2022
11.4
4.1
SG-14/DUP-4
4/27/2022
10.5/15.6
1,2-Dichloropropane
SG-3
4/14/2022
30.4
25
DUP-4
4/27/2022
28.9
SG-1
4/27/2022
6.98
Ethanol
SG-3
4/14/2022
4.94
NSE
SG-14/DUP-4
4/27/2022
6.43/22.8
SG-15
4/27/2022
8.28
Eth lbenzene
DUP-4
4/27/2022
45.1
37
SG-1
4/27/2022
0.667 J
4-Ethyltoluene
SG-3
4/14l2022
3.21
NSE
SGAVDUP-4
4/27/2022
5.6/10
SG-15
4/27/2022
0.667 J
SG-1
4/27/2022
4,510
Trichlorofluoromethane
NSE
SG-3
4/14/2022
314
SG-14/DUP-4
4/27/2022
23.4/149
SG-15
4/27/2022
38.9
SG-1
4/27/2022
34.8
2,2,4-Trimethylpentane
SG-3
4/14/2022
214
NSE
SG-14/DUP-4
4/27/2022
127/175
SG-15
4/27/2022
4.65
Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
SE -No screening level established.
- The reported concentration is an estimated value between the method detection limit and the laborato
reporting limit.
Note: Acetone was detected in most of the exterior soil gas samples collected; however, because acetone
.s a common analytical laboratory introduced compound, the soil gas screening level for acetone is no
onger being published. The most recent Residential Soil Gas Screening Level for acetone was 220,000
g/m', and none of the detected concentrations exceeded this limit. Therefore, acetone data are not
ummarized on this table but remain available in the reports related to this property.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER
HENNEPIN VENTURES LLC
1212 NEW YORK AVENUE NW, SUITE 1000
WASHINGTON, DC 20002
PROSPECTIVE DEVELOPER
HENNEPIN VENTURES LLC
1212 NEW YORK AVENUE NW, SUITE 1000
WASHINGTON, DC 20002
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PLAN INFORMATION
PROJECT NO. 2021110428
FILENAME 2021110428-F1
CHECKED BY JBT
DRAWN BY KMM
SCALE 1"=20'
DATE 02.10.2022
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Exhibit C
Legal Description
BEGINNING AT AN IRON PIPE ALONG THE NORTHERN RIGHT OF WAY OF W MORGAN
STREET, SAID IRON PIPING HAVING THE NC NAD83 GRID COORDINATE OF N: 738988.62, E:
2104978.29; THENCE NORTH 87°55'33" WEST A DISTANCE OF 238.77 FEET TO AN IRON PIPE;
THENCE NORTH O1017'45" EAST A DISTANCE OF 93.19 FEET TO AN IRON PIPE; THENCE
NORTH O1017'45" EAST A DISTANCE OF 92.85 FEET TO AN IRON PIPE; THENCE SOUTH
87003'31" EAST A DISTANCE OF 44.20 FEET TO AN IRON PIPE; THENCE NORTH 03035'42" EAST
A DISTANCE OF 25.77 FEET TO AN IRON PIPE; THENCE SOUTH 85053'39" EAST A DISTANCE
OF 196.63 FEET TO AN IRON PIPE; THENCE SOUTH 02005'45" WEST A DISTANCE OF 70.02 FEET
TO AN IRON PIPE; THENCE SOUTH 02005'45" WEST A DISTANCE OF 134.14 FEET TO AN IRON
PIPE, BEING THE POINT OF BEGINNING. HAVING AN AREA OF 48900 SQUARE FEET OR 1.12
ACRES.
Peerless Master Cleaners and Dyers/24020-20-092/17November2023