25094_Mock Judson Mill_PCPkg_20240126

Mock Judson Mill/25094-21-041/20240126

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Mock Judson Mill Brownfields Project Number: 25094-21-041 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 January 31, 2024, 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

25094-21-041/Mock Judson Mill/20240126
SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Mock Judson Mill Brownfields Project Number: 25094-21-041 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, Capitol
Broadcasting Company, Inc., as Prospective Developer, has filed with the North Carolina Department of Environmental
Quality (“DEQ”) a Notice of Intent to Redevelop a Brownfields Property (“Brownfields Property”) located at 2610 Oakland
Avenue and 1001 South Lindell Road, Greensboro, Guilford County. The Brownfields Property, which is the former site of
a mill operated by the Mock-Judson-Voehringer Company, consists of 8.67 acres. Environmental contamination exists on
the Brownfields Property in soil, groundwater, exterior soil gas, and sub-slab vapor. Capitol Broadcasting Company, Inc.
has committed itself to redevelop the Brownfields Property for no uses other than high-density rental residential, office,
retail, rental storage, recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or
light/flex industrial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and Capitol Broadcasting Company, Inc., which in turn includes (a) a map showing the location
of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the
above-stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Glenwood Library by contacting Andrew
Harris at (336)-297-5000 or email [e-mail], 1901 W. Florida Street, Greensboro, NC 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 [e-mail], 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
25094-21-041 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/

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 January 31, 2024, 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

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Property Owner: MJM Owner, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Mock Judson Mill Brownfields Project Number: 25094-21-04 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 20___ by Capitol Broadcasting Company, Inc. (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is comprised of two parcels totaling 8.67 acres at 2610 Oakland Avenue and 1001 South Lindell Road, Greensboro, Guilford County, Parcel Nos. 235463 and 219794, respectively. Historically, the Brownfields Property has been used for the following

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purposes: a post office, residential, nursery and florist (before 1928), hosiery mill (1928-1974), office and warehouse (1960s), and retail outlet (1980-1997). Contaminant sources included onsite
underground storage tanks (USTs), including fuel and an onsite Varsol UST, and ground-mounted
electrical transformers containing polychlorinated biphenyl (PCB) fluids, which contaminated onsite soil. Other off-site industrial properties are in the site vicinity. The Prospective Developer has committed to redeveloping the Brownfields Property for
no uses other than high-density rental residential, office, retail, rental storage, recreational,
associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial 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

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on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high-density rental residential, office, retail, rental storage, recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial uses. These land uses and their definitions below apply solely for purposes of this agreement, and do not waive any local zoning, rule,
regulation, or permit requirements:
i. High-density rental 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, dog runs, recreation areas and parking garages. Single family homes, townhomes, duplexes or other units with yards are prohibited.
ii. Office is defined as a place where business or professional services are provided.
iii. Retail is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, open air markets,
festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks.
iv. Rental Storage is defined as spaces that are commercially rented on a short- or long-term basis by consumers and businesses for the storage of personal effects, household goods,
equipment, and other non-hazardous materials that are in compliance with all applicable local,
state, and federal regulations.
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, with the exception of educational space and childcare facilities.
viii. Industrial is defined as the assembly, fabrication, manufacture, processing, warehousing, or distribution of goods or materials, and can include flex parks, and research and development uses.

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Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or 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 redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above;

iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import
to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
e. Within 90 days after each one-year anniversary of the effective date of this Agreement for as
long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then-owner of the Brownfields Property shall provide DEQ a report 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;

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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).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in writing in
advance by DEQ.
g. Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health
and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
i. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined in paragraph 12.d.

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j. 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.
k. The Brownfields Property may not be used for community gardens unless they are constructed in raised beds so as not to disturb native soil, unless compliance with this land use restriction is waived in writing in advance by DEQ.
Vapor Intrusion
l. 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
m. 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.

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Damage to Wells
n. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
Notifications upon Transfer
o. 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 Guilford 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
p. 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;
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; and
iii. as constituents of products and materials customarily used and stored in high-density
rental residential, office, retail, rental storage, recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws.

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Other Prohibited Uses
q. The Brownfields Property may not be used for ground-contact sports of any kind, including,
but not limited to, golf, football, soccer, and baseball, without the prior written approval of DEQ.
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 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief
public health and environmental officials of Guilford County, certifying that, as of said January
1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford 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 they owned
such portion of 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 vapor intrusion systems installed pursuant to
subparagraph 12.l. 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 vapor intrusion 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 of this Agreement.
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

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estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.
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.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 20___.

Capitol Broadcasting Company, Inc. By: _______________________________ Michael J. Goodmon, Sr.
Senior Vice President
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
By: _________________________________________ ________________________ 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: Capitol Broadcasting Company, Inc.
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Mock Judson Mill OF 1997, NCGS § 130A-310.30, et seq. ) 2610 Oakland Avenue and Brownfields Project No. 25094-21-041 ) 1001 South Lindell Road ) Greensboro, Guilford County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Capitol Broadcasting Company, Inc.
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 2610 Oakland Avenue and 1001
South Lindell Road, Greensboro, Guilford County (the “Brownfields Property”). A map
showing the location of the Brownfields Property that is the subject of this Agreement is attached
hereto as Exhibit 1.
The Prospective Developer is Capitol Broadcasting Company, Inc., a diversified
communications and real estate corporation that is headquartered at 2619 Western Boulevard,
Raleigh, NC 28606. Its Senior Vice President is Michael J Goodmon, Sr., of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of Capitol Broadcasting Company, Inc. for contaminants at the Brownfields

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Property.
The Parties agree that Capitol Broadcasting Company, Inc.’s entry into this Agreement,
and the actions undertaken by Capitol Broadcasting Company, Inc. in accordance with the
Agreement, do not constitute an admission of any liability by Capitol Broadcasting Company,
Inc. for contaminants at the Brownfields Property. The resolution of this potential liability, in
exchange for the benefit Capitol Broadcasting Company, Inc. shall provide to DEQ, is in the
public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. “Prospective Developer” shall mean Capitol Broadcasting Company, Inc.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
IDs
2610 Oakland Avenue (Parcel No. 235463) and 1001 South Lindell Road (Parcel No. 219794) (also formerly addressed as
1004 and 1006 Howard Street)
Acreage 8.67

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Current Property Owner MJM Owner, LLC, which is managed by the Prospective
Developer
Current Land Use(s) Under renovation, but vacant
Site Vicinity Land Use(s)
To the north, Hiatt Street, with an apartment building and vacant land formerly occupied by a mobile home park
beyond. To the east, Howard Street, with an industrial
Sherwin Williams Co. property beyond. To the south, Oakland Avenue, with a Norfolk/Southern rail line and industrial properties beyond. To the west, South Lindell Road, with industrial and apartment properties beyond.
Proposed Reuse(s)
High-density rental residential, office, retail, rental storage, recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial
uses.
Public Benefits of Reuse
Job creation, tax base increases, revitalization of blighted
areas, preserved historic places, environmental cleanup
activities
Existing Land Use
Restrictions Prior to Brownfields Agreement N/A

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
The Brownfields Property has been zoned for industrial uses. Previous uses have included: a post office, residential, nursery and florist (before 1928), hosiery mill (1928-1974), office and
warehouse (1960s), retail outlet (1980-1997). The onsite building is a two-story mill building that was built in segments over the years of 1928, 1929, and 1936. The one-story, below-grade boiler room was built in or before 1937; these buildings have been vacant since 1997. Contaminant
sources included onsite underground storage tanks (USTs), including an onsite Varsol UST, soil contaminated by ground-mounted electrical transformers containing polychlorinated biphenyl (PCB) fluids. Other off-site industrial properties are in the site vicinity.
Current Operations/Activities Construction and building renovation activities.
Contaminated Media
Soil:, Arsenic, benzo(a)pyrene, cadmium, and hexavalent chromium were detected above their respective Residential Preliminary Soil Remediation Goals (PSRG) at several locations in the soil that remains on the Brownfields Property
after construction activities were completed.

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ENVIRONMENTAL INFORMATION SUMMARY
Acenaphthylene, benzo(b)fluoranthene, phenanthrene, and
total petroleum hydrocarbons – oil range organics (ORO) were detected in several samples, but there are no established PSRGs for these compounds. Total petroleum hydrocarbons – gasoline range organics (GRO) and total petroleum
hydrocarbons – diesel range organics (DRO) were detected in
several samples in excess of DEQ UST section action levels. Groundwater: Arsenic, chromium, hexavalent chromium, and lead were detected above their respective NC 2L
Groundwater Quality Standard in groundwater sampled at
several wells. DRO, ORO, and total PCBs concentrations were detected in groundwater, but there are no standards established for these analytes.
Exterior Soil Gas: 1,3-butadiene and naphthalene were
detected above their residential vapor intrusion screening level (VISLs). Ethanol and 4-ethyltoluene were detected in certain samples, but there are no established screening levels for these compounds.

Sub-Slab Soil Gas: 1,2-dichloroethane and naphthalene were detected above their respective VISL. The compounds n-butane, 1,3-dichlorobenzene, 4-ethyltoluene, ethanol, and trichlorofluoromethane were detected in several samples, but
there are no established VISLs for these compounds.
Indoor Air: No indoor air samples were collected during the assessment phase.
Surface water/Sediment: There are no surface water bodies
nor sediment sources at the Brownfields Property.
ID Numbers/Permits

DEQ UST - Facility #00-0-0000018078 – Listed as active facility, Rolane Corporation, however, the Rolane Corporation has not operated at the Brownfields Property for some time and it is believed that all underground storage tanks (USTs) have been removed.
DEQ UST Section - Incident No. 8934, UST No. WS-3132, Former Kayser-Roth property; there were three USTs that held No. 4 fuel oil that were formerly located on the west side

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ENVIRONMENTAL INFORMATION SUMMARY
of the boiler house, but were removed from the site in 1991.
NCDEQ closed the petroleum incident for Facility ID 18078, as outlined in their letter dated, September 12, 1992. DEQ IHSB: NONCD0002622 – DEQ conducted a Pre-
CERCLA Screening of the Brownfields Property in 2020. A
Notice of REC Program Eligibility letter was sent to Mark Bouldin, of MJV, LLC, the former property owner, on May 3, 2021. IHSB in their report to EPA, indicated that the surficial PCB contamination could be addressed either under an REC
Agreement or with a Brownfields Agreement. The PD chose
the latter. Cleanup of the PCB-contaminated soil was performed by Atlantic Shores Environmental Services, Ltd., for Capital Broadcasting Company, Inc. (PD). There were two former PCB transformer leaks that impacted locations
south of and adjacent to the main mill building. On December
20, 2022, approximately 26,672 kilograms of PCB-contaminated soil was excavated, placed in roll-off containers, and covered. This work was performed under an Environmental Management Plan (EMP) which was approved
by DEQ on December 13, 2022. On February 2, 2023, 29.40
tons of PCB-contaminated soil was transported offsite to CWM – Emelle, at 36964 Alabama Highway 17, Emelle, AL, 35459.
Onsite Receptors Considered Construction workers, on-site workers, future residents, visitors, pets, recreators, and trespassers.
Potential Offsite Receptors Considered
i. Water supply wells: Four groundwater supply wells were identified within 1 mile of the Brownfields Property. These
were not identified as active potable wells. ii. Residential structures, churches, or childcare centers: Within a quarter mile radius of the Brownfields Project there are residential structures that exist to the north and to the west
of the Brownfields Property; a daycare facility is located to the northeast of the Brownfields Property. iii. Surface water: a tributary to North Buffalo Creek was identified within 0.25 miles to the northeast of Brownfields
Property.
Potential offsite migration Groundwater: Potentially to the north of the Brownfields

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ENVIRONMENTAL INFORMATION SUMMARY
pathways Property.
Soil Vapor: Soil gas samples collected on the Brownfields property contain VOCs above Residential VISLs, however, they are detected at concentrations that would not be expected
to migrate off the Brownfields property.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Phase I Environmental Site Assessment
Update Swift Creek Environmental April 2, 2020
Phase II Environmental Site
Assessment/Remedial Investigation Report Swift Creek Environmental December 6, 2021
Boiler Room Water Sampling Atlantic Shores
Environmental Services, Ltd. September 20, 2022
Supplemental Soil and Groundwater
Sampling Report, Mock Judson Mill
Atlantic Shores
Environmental Services, Ltd. September 30, 2022
Supplemental Groundwater Sampling Report Atlantic Shores Environmental Services, Ltd. April 14, 2023
Import Soil Sampling – Martin Marietta Salem Stone Quarry R1, Mock Judson Mill Atlantic Shores Environmental Services, Ltd. October 24, 2023
Soil, Sub-Slab, and Soil Vapor Sampling Report, Revision 1 Atlantic Shores Environmental Services, Ltd. December 22, 2023
b. Other available reports:
Title Prepared by Date of Report
Pre-CERCLA Screening Assessment (PSA) Report, Mock Judson Voehringer Mill NC DEQ, Superfund Section August 12, 2020

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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 November 9, 2021, and the
following:
a. On April 21, 2022, MJM Owner, LLC, a company affiliated with the
Prospective Developer purchased the Brownfields Property (Parcel Nos. 235463 and 219794).
b. From July 2022 through October 2022, Prospective Developer commenced
construction activities at the Brownfields Property, including the installation of utility trenches
within the interior of the main building and exterior stormwater catchment basins.
c. On December 20, 2022, Prospective Developer arranged for approximately
26,672 kilograms of PCB-impacted soil to be excavated, placed in roll-off containers, and
covered prior to transportation for off-site disposal, which was performed under a DEQ-
approved EMP that is required by subparagraph 12.d. below.
d. On February 2, 2023, Prospective Developer arranged for transportation of
29.40 tons of PCB-impacted soil for disposal at the Chemical Waste Management (CWM)
disposal facility in Emelle, AL.
e. In October 2023, Prospective Developer arranged for soil to be imported to the
Brownfields Property from Martin Marietta Salem Stone Quarry with DEQ approval as required
by subparagraph 12.i. below.

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6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
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

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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 approximately 125-175 construction jobs during redevelopment
and approximately 4-6 full-time jobs after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. Additional high-density rental residential, office, retail, rental storage,
recreational, associated parking, and subject to DEQ’s prior written approval, other commercial
or light/flex industrial space for the area; and
f. “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 within which the desired results under this Agreement are to be
accomplished, including parameters, principles, and policies as to: field procedures, laboratory
testing, Brownfields Redevelopment Section requirements, and remedial or mitigation measures
are (each as embodied in its most current version):

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a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
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
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.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement

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while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high-density
rental residential, office, retail, rental storage, recreational, associated parking, and subject to
DEQ’s prior written approval, other commercial or light/flex industrial uses. These land uses and
their definitions below apply solely for purposes of this agreement, and do not waive any local
zoning, rule, regulation, or permit requirements:
i. High-density rental 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, dog runs, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. Office is defined as a place where business or professional services are
provided.
iii. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iv. Rental Storage is defined as spaces that are commercially rented on a

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short- or long-term basis by consumers and businesses for the storage of personal effects,
household goods, equipment, and other non-hazardous materials that are in compliance with all
applicable local, state, and federal regulations.
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, with the exception of educational space and childcare facilities.
viii. Industrial is defined as the assembly, fabrication, manufacture,
processing, warehousing, or distribution of goods or materials, and can include flex parks, and
research and development uses.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.

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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., 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. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except

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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).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in
writing in advance by DEQ.

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g. Groundwater at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property, may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
i. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
j. 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

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approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
k. The Brownfields Property may not be used for community gardens unless they
are constructed in raised beds so as not to disturb native soil, unless compliance with this land
use restriction is waived in writing in advance by DEQ.
Vapor Intrusion
l. 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,

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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
m. 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
n. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.

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Notifications upon Transfer
o. 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 Guilford
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
p. 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

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maintenance activities;
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; and
iii. as constituents of products and materials customarily used and stored
in high-density rental residential, office, retail, rental storage, recreational, associated parking,
and subject to DEQ’s prior written approval, other commercial or light/flex industrial
environments, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws.
Other Prohibited Uses
q. The Brownfields Property may not be used for ground-contact sports of any
kind, including, but not limited to, golf, football, soccer, and baseball, without the prior written
approval of DEQ.
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 1st
of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
chief public health and environmental officials of Guilford County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Guilford 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 they owned

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such portion of 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 vapor intrusion systems installed
pursuant to subparagraph 12.l. 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 vapor intrusion 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 of this Agreement.
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.

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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.m. above, while the Prospective Developer owns the Brownfields Property, Prospective
Developer shall provide DEQ, its authorized officers, employees, representatives, and all other
persons performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
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

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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 Guilford County, North
Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Guilford
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 copies of a form lease or
rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons

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listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property 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 31.a. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
subparagraph 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

24
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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
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

25
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contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.

26
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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 seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.

27
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XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(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

28
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DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
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 Branch (or successor in function)
N.C. Division of Waste Management Brownfields Redevelopment Section Mail Service Center 1646 Raleigh, NC 27699-1646

29
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b. for Prospective Developer:

Michael J. Goodmon, Sr. Capitol Broadcasting Company, Inc. 2619 Western Boulevard Raleigh, NC 28606

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
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 Party 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

30
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written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
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

31
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withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED: CAPITOL BROADCASTING COMPANY, INC. By:
____________________________________________________________________________ Michael J. Goodmon, Sr. Date Senior Vice President

Brownfields
Property
EXHIBIT 1

Mock Judson Mill/25094-21-041/20240126

1
Exhibit 2 Brownfields Property Name: Mock Judson Mill
Brownfields Project Number: 25094-21-041
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 (µg/L)
Standard
(µg/L)
Arsenic MW-3 3/23/2023 14.4 J 10
Chromium
MW-2 3/23/2023 10.2
10 MW-3 3/23/2023 36.1
MW 6 9/15/2021 10
Hexavalent
Chromium MW-6 7/22/2022 1.57 NSE
Lead MW-3 3/23/2023 46.6 15
Total Petroleum Hydrocarbons – Diesel Range
Organics (DRO)
MW-6 9/15/2021 2,800
NSE MW-7 9/15/2021 1,500
MW-8 9/15/2021 310
MW-10 9/15/2021 260
Total Petroleum
Hydrocarbons – Oil
Range Organics (ORO)
MW-6 9/15/2021 1,200
NSE MW-7 9/15/2021 810
MW-8 9/15/2021 370 J
MW-10 9/15/2021 280 J
Total PCBs MW-6 9/15/2021 0.0592 NSE MW-7 9/15/2021 0.0000197
NSE –Regulatory standard not established.
J – estimated value between the method detection limit and the laboratory reporting limit

Mock Judson Mill/25094-21-041/20240126

2
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 Level1
(µg/L)
Fluoranthene MW5 9/14/2021 0.13 J NSE
Phenanthrene MW5 9/14/2021 0.074 J NSE
Pyrene
MW1 9/14/2021 0.041 J
NSE
MW2 9/14/2021 0.057 J
MW5 9/14/2021 0.11 J
MW10 9/15/2021 0.041 J
MW11 9/14/2021 0.052 J
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NSE – Screening level not established J – estimated value between the method detection limit and the laboratory reporting limit

Mock Judson Mill/25094-21-041/20240126

3
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):
Soil
Contaminant
Sample
Location Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Acenaphthylene
SS14 0-1 6/9/2021 0.056
NSE SS15 0-1 6/9/2021 0.046
SS16 0-1 6/9/2021 0.041
Arsenic
MW7 8-12 6/9/2021 0.90
0.68
MW8 6-9 6/9/2021 1.2
MW10 15-17 6/9/2021 1.5
SS13 0-1 6/9/2021 2.0
SS13 2-4 6/9/2021 2.6
SS14 0-1 6/9/2021 1.5
SS14 2-4 6/9/2021 2.2
SS15 0-1 6/9/2021 3.9
SS15 2-4 6/9/2021 2.2
SS16 2-4 6/9/2021 2.3
SS17 0-1 6/9/2021 2.7
SS17 2-4 6/9/2021 1.6
SS18 0-1 6/9/2021 2.4
SS18 2-4 6/9/2021 3.9
SS19 2-4 6/9/2021 1.5
Benzo(a)pyrene
SS14 0-1 6/9/2021 0.58
0.11 SS15 0-1 6/9/2021 0.54
SS16 0-1 6/9/2021 0.45
SS17 0-1 6/9/2021 0.31
Benzo(a)perylene
SS14 0-1 6/9/2021 0.17
NSE SS15 0-1 6/9/2021 0.16 SS16 0-1 6/9/2021 0.088
SS17 0-1 6/9/2021 0.13
SS18 0-1 6/9/2021 0.031
Cadmium TW2 0-2 6/9/2021 14.4 1.4
Hexavalent
Chromium
SS-12 Below Slab 7/22/2022 1.3
0.31 SS-13 Below Slab 7/22/2022 1.4
SS-14 Below Slab 7/22/2022 0.71

Mock Judson Mill/25094-21-041/20240126

4
Soil
Contaminant
Sample
Location Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Phenanthrene
SS14 0-1 6/9/2021 0.37
NSE
SS15 0-1 6/9/2021 0.96
SS16 0-1 6/9/2021 0.64 SS17 0-1 6/9/2021 0.43
SS18 0-1 6/9/2021 0.056
Total Petroleum
Hydrocarbons –
Gasoline Range Organics (GRO)
SS13 2-4 6/9/2021 312 502
SS17 0-1 6/9/2021 312
Total Petroleum Hydrocarbons – Diesel Range Organics (DRO)
SS5 3-5 6/9/2021 190 H
1002
SS6 0-1 6/9/2021 180 L
SS6 3-5 6/9/2021 240 H
SS7 0-1 6/9/2021 270 H
SS7 3-5 6/9/2021 270 H
SS9 0-1 6/9/2021 1,700 L
SS9 3-5 6/9/2021 1,600 L
SS10 0-1 6/9/2021 160 L
SS10 3-5 6/9/2021 1,800 L SS11 0-1 6/9/2021 350 H
SS11 3-5 6/9/2021 4,400 L
SS12 0-1 6/9/2021 710 BHS
Total Petroleum Hydrocarbons – Oil Range
Organics (ORO)
SS5 0-1 6/9/2021 78 H
NSE

SS5 3-5 6/9/2021 230 HE
SS6 0-1 6/9/2021 240 B
SS6 3-5 6/9/2021 300 HE
SS7 0-1 6/9/2021 300 HE
SS7 3-5 6/9/2021 300 HE
SS8 0-1 6/9/2021 43 B/43 H SS8 3-5 6/9/2021 110 H
SS9 0-1 6/9/2021 130 B
SS9 3-5 6/9/2021 150 B
SS10 0-1 6/9/2021 72 B
SS10 3-5 6/9/2021 140 H
SS11 0-1 6/9/2021 49 H
SS11 3-5 6/9/2021 250 H
SS12 0-1 6/9/2021 100 BH

Mock Judson Mill/25094-21-041/20240126

5
Soil
Contaminant
Sample
Location Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Total Petroleum Hydrocarbons – Oil Range Organics (ORO)
SS12 3-5 6/9/2021 18 B NSE MW-10 15-17 6/9/2021 23
SS20 9-12 6/9/2021 8.8 J
1Screening 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
2NC DEQ UST Section Action Level Soil samples in series SS1-SS21, collected on June 9, 2021, represent locations sampled on the exterior of the mill building to the south of the mill building. Soil samples in series SS-1 to SS-14, collected in July 2022, represent locations sampled underneath the existing slab in the mill building. B – Detected in method blank E – Quantification exceeded calibration runs H - Out of holding time for additional runs J – Estimated value between the method detection limit and the laboratory reporting limit L – Laboratory LCS/LCSD Failure S – Laboratory MS/MSD failure

Mock Judson Mill/25094-21-041/20240126

6
SUB-SLAB VAPOR

Sub-slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023):
Sub-slab Vapor Contaminant Sample Location Date of Sampling
Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening Level1
(µg/m3)
n-Butane Sub-2 7/14/2023 35 NSE Sub-3/Sub-3D 7/20/2023 12/12
1,2-Dichloroethane Sub-2 7/14/2023 3.8 3.6
1,3-Dichlorobenzene Sub-3/Sub-3D 7/20/2023 1.5/1.6 NSE
4-Ethyltoluene
AS3 9/22/2021 2.4 J
NSE
AS4 9/22/2021 2 J
AS7 9/22/2021 18.2
Sub-1 7/20/2023 2.7
Sub-2 7/14/2023 5.2
Sub-3/Sub-3D 7/20/2023 2.3/2.3
Ethanol
AS3 9/22/2021 36.5
NSE
AS4 9/22/2021 92.2
AS5 9/22/2021 96.1
AS6 9/22/2021 165
AS7 9/22/2021 90.3
AS8 9/23/2021 334
AS9 9/23/2021 119
AS10 9/23/2021 26.3
Sub-1 7/20/2023 11
Sub-2 7/14/2023 100
Sub-3/Sub-3D 7/20/2023 41/35
Naphthalene
AS3 9/22/2021 3.9 J
2.8
AS4 9/22/2021 3.9 J
AS5 9/22/2021 4.2 J
AS7 9/22/2021 12.3
AS8 9/23/2021 4.9
Sub-2 7/14/2023 4.9
Trichlorofluoromethane
AS3 9/22/2021 9.5
NSE AS4 9/22/2021 7.1
AS5 9/22/2021 5.5
AS6 9/22/2021 6.8

Mock Judson Mill/25094-21-041/20240126

7
Sub-slab Vapor Contaminant Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Trichlorofluoromethane
AS7 9/22/2021 11.2
NSE AS8 9/23/2021 8.5
AS9 9/23/2021 12.2
AS10 9/23/2021 3.5
1Screening 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.
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 (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but
remain available in the reports related to this property.
NSE – Screening level or regulatory standard not established
J – estimated value between the method detection limit and the laboratory reporting limit

Mock Judson Mill/25094-21-041/20240126

8
EXTERIOR SOIL GAS

Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023):
Exterior Soil Gas Contaminant
Sample Location Date of Sampling
Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening Level1
(µg/m3)
1,3-Butadiene SG-2 7/14/2023 5.5 3.1
Ethanol SG-1 7/14/2023 23 NSE SG-2 7/14/2023 22
4-Ethyltoluene SG-1 7/14/2023 14 NSE SG-2 7/14/2023 18
Naphthalene SG-2 7/14/2023 6.1 2.8
1Screening 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 – Screening level not established

MJM OWNER LLC
2610 OAKLAND AVE
DB 8606 PG 306
PLAT BOOK 184 PAGE 51
97,864 SQUARE FEET OR 2.247 ACRES
PIN# 7854321254
OHP
OHP
OHPOAKLAND AVENUE
PUBLIC RIGHT OF WAY WIDTH VARIES HOWARD STREET50' PUBLIC RIGHT OF WAY50' PUBLIC RIGHT OF WAYHIATT STREET50' PUBLIC RIGHT O
F

W
A
Y
OHP
OHP
TG PRIMARY CONTROL
POINT NO. 1218 - NCGS MONUMENT "45E 200"
NORTH = 842067.81'
EAST = 1752113.68'~~S84°16'33"W 734.74
'OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP
OH
P
S
S
S
290.95'138.25'SANSANSANSANSANSANSANSANSANSANS
S
S
SANSANSANSANSANSANSANSANSANSANSS
S
SS
LINDELL ROAD8'' W8'' W8'' W8'' W8'' W6'' W6'' W6'' W6'' W6'' W8'' W
8'' W
8'' W
8'' W
8'' W
8'' W
8"8"8"8"6"6"6"6"8"8"8"
6'' W
6'' W
6'' W
6'' W
6'' W
6'' W
TEMPORARY STEPS
BUILDING OVERHANG
BUILDING OVERHANG
TEMPORARY STEPS BUILDING OVERHANG
BREEZEWAY
16.46'
CONCRETE ASPHALTCONCRETECONCRETE
CONCRETE
CONCRETE
0.21'
0.34'
RAILROAD TRACKS
SOUTHERN RAILWAY CO.
PIN: 7854316985
PARCEL: 0033287
S84°10'06"W 197.8
5
'
S89°20'44"W
8.66'
C1
C2
RAILROAD TRACKS
CENTERLINE RAILROAD TRACKS
APPROXIMATE 100 FT RAILROAD RIGHT OF
WAY LIMIT 50' FROM NORTHERN TRACK
CENTERLINE.
C
5
CURVE TABLE
CURVE
C1
C2
C3
C4
C5
RADIUS
20.00'
2014.50'
20.00'
20.00'
20.00'
LENGTH
28.55'
182.03'
31.33'
31.41'
34.37'
TANGENT
17.32'
91.08'
19.91'
20.00'
23.20'
DELTA
81°47'10"
5°10'38"
89°45'16"
89°59'22"
98°28'13"
CHORD BEARING
S43°16'31"W
S86°45'25"W
N50°57'42"W
N38°55'03"E
S46°51'10"E
CHORD
26.19'
181.97'
28.22'
28.28'
30.30'
C
3 XXXXXXXXXXXXXXCONCRETE PARKING LOT
(PARKING STRIPING NOT
APPARENT)C4D
S2°22'56"W 145.40'D
D
D
DXX
D
6" PIPE
U
10' STREET YARD
25' BUILDING SETBACK
10a
D
D
DD
15.59'
37.87'
SOUTHERN RAILWAY COMPANY
DEED BOOK 2947 PAGE 513
SOUTHERN RAILWAY COMPANY
DEED BOOK 2947 PAGE 513
RIGHT OF WAY DEDICATION
PB184, PG 51
DEED BOOK 8009, PAGE 339
3,183.35 SF
2
S84°10'06"W 197.5
0
'
POB
N83°54'43"E 665.0
4
'S2°22'56"W 393.84'N6°04'37"W 128.60'N6°04'37"W 393.14'MW 3
MW 5
MW 1
MW 2
MW 6 MW 7
MW 8
MW 9
MW 11
MW 10
MJM OWNER LLC
1001 S LINDELL RD
DB 8606 PG 306
PLAT BOOK 184 PAGE 51
279,488 SQUARE FEET OR 6.416 ACRES
PIN# 7854321544
N83°51'23"E 646.
8
8
'
SS 19
SS 18 (2022)
SS 17
SS 11 (2022)
SS 7 (2021)
SS 9 (2022)
SS 5 (2022)
SS 6 (2022)
SS 1 (2022)
SS 14 (2022)
SS 13 (2022)
SS 12 (2022)
TW 1
TW 2
SS 6 (2021)
SS 7 (2021)
SS 8 (2021)
SS 9 (2021)SS 10 (2021)
SS 11 (2021)
SS 12 (2021)
SS 18 (2021)SS 17 (2021)
SS 15 (2021)SS 14 (2021)
SS 13 (2021)
SS 16 (2021)
SS 19 (2021)
C-1 SAMPLE AREA
(HATCHED)
ORP HIATT STREET PROPERTIES LLC
2510 HIATT STREET
DB 8687 PG 1450
PIN# 7854320971
VESPER CAMPUS CROSSING LLC
906 HOWARD STREET
DB 8025 PG 2017
PIN# 7854324927
SC CCLW LLC
1002 S LINDELL RD
DB 7980 PG 2954
PIN# 7854225792
NETTIE EARNHART
ALLGOOD &
THOMAS H.
ALLGOOD
1006 S LINDELL RD
DB 6977 PG 2062
PIN# 7854226487
WILLOWBROOK
HOLDINGS LLC
1121 WILLOWBROOK DR
DB 7140 PG 2962
PIN# 7854226227
SHERWIN-WILLIAMS CO.
1025 HOWARD ST.
DB 3841 PG 1805
PIN# 7854327675
AS10
AS9
AS8
AS7
AS6
AS5
AS4
AS3
SC-RH-SS1
[SS1 (2017)]
SC-RH-SS2
[SS1 (2017]
SUB3/3D
SUB-2
SG-2SG-1
SUB-1
SS 20 (2021)
TW 3
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT2610 OAKLAND AVENUE AND 1001 SOUTH LINDELL ROADCITY OF GREENSBORO, GUILFORD COUNTY, NORTH CAROLINACURRENT OWNER: MJM OWNER LLCTAX PINs: 7854321254 & 7854321544BROWNFIELDS PROJECT NAME: MOCK JUDSON MILLBROWNFIELDS PROJECT NO.: 25094-21-041SURVEYED FOR PROSPECTIVE DEVELOPER: CAPITAL BROADCASTING COMPANY, INC.Site Development Residential Infrastructure TechnologyDATE:SCALE:
J.N.:SHEET OF
DRAWN BY:CHECK BY:
MOREHEAD TOWNSHIP GUILFORD COUNTY
JAN 19, 2024
1 3
BS, MM
50142
1"=60'
MMN.C. NAD 830
SCALE 1"=60'
120'60'
OAKLAND AVE.
SPRING
GARDEN ST.PARK TERRACEWILLOWBROOK DR.NORTHRIDGE ST.SCOTT AVE.LONGVIEW ST.HIATT ST.LINDELLRD.HOWARDST.SPRIN
G
GARDE
N

S
T
.
MASONIC
DR.
(NOT TO SCALE)
VICINITY MAP
SITE
610 E Morehead Street, Suite 250, Charlotte, NC 27607TEL [phone] / FAX [phone]www.timmons.comNorth Carolina License Number C-1652THIS DRAWING PREPARED AT THECHARLOTTE, NC OFFICENOTES:
1.SURVEY PREPARED WITH THE USE OF A TITLE COMMITMENT NO. 202210078CA
FROM INVESTORS TITLE INSURANCE COMPANY DATED MARCH 10, 2022.
2.SITE ADDRESS: 2610 OAKLAND AVENUE AND 1001 S LINDELL ROAD
GREENSBORO, NC 27403
3.CURRENT OWNER DATA: MJM OWNER, LLC
300 BLACKWELL STREET, STE 104
DURHAM, NC 27701
4.PARCEL # / PIN #: 235463 / 7854321254 & 219794 / 7854321544
5.AREAS COMPUTED BY COORDINATE METHOD.
6.ZONED: PUD (PLANNED UNIT DEVELOPMENT) PER ZONING LETTER FROM
GREENSBORO PLANNING DATED FEB. 2, 2018
7.PROPERTY SHOWN HEREON IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS
AND RESTRICTIONS OF RECORD.
8.ALL DISTANCES SHOWN ON SURVEY ARE HORIZONTAL GROUND DISTANCES
UNLESS OTHERWISE NOTED.
9.RIGHTS-OF-WAY INFORMATION IS BASED ON DEEDS AND MAPS OF RECORD.
10.BASIS OF BEARING SHOWN HEREON IS NC GRID NAD83 (2011).
11.BOUNDARY INFORMATION IS BASED IN PART, ON DEEDS AND MAPS OF
RECORD, AND BY AN ACTUAL FIELD SURVEY BY THIS FIRM
12.PER FEMA MAP 3710785400J PANEL # 7854J DATED JUNE 18, 2007, THIS SITE
LIES IN A ZONE X, WHICH IS OUTSIDE OF A SPECIAL FLOOD AREA.
13.THE SUBJECT PROPERTY HAS DIRECT PHYSICAL ACCESS TO OAKLAND
STREET, LINDELL ROAD, HIATT STREET, AND HOWARD STREET. EACH A
PUBLICLY DEDICATED AND MAINTAINED RIGHT OF WAY.
14.TOTAL AREA SURVEYED 377,352 SQUARE FEET OR 8.663 ACRES.
15.THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE
TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE
THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
REFERENCES
BOOK 8009, PAGE 0339
PLAT 184 PAGE 51
SURVEYOR CERTIFICATION
I, MICHAEL S. MILLER, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION
FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION
RECORDED IN BOOK ____, PAGE ____, ) ; THAT THE BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK PAGE (AS
SHOWN); THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT THIS
PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF
EXISTING PARCELS, A COURT-ORDERED SURVEY, OR OTHER EXEMPTION OR
EXCEPTION TO THE DEFINITION OF SUBDIVISION.
_______________________________________________
MICHAEL S. MILLER, NC PLS No. L-3677
PLAT BOOK ______ PAGE _______PICK UP: CITY OF GREENSBORO
THE FOLLOWING INFORMATION WAS USED
TO PERFORM GPS SURVEY:
(1) CLASS OF SURVEY: "CLASS A"
(2) POSITIONAL ACCURACY: 0.04'
(3) TYPE OF GPS FIELD PROCEDURE: NCVRS
(4) DATE OF SURVEY: 12/06/2021
(5) DATUM/EPOCH: NAD83 (2011) - EPOCH
2010.00
(6) PUBLISHED/FIXED-CONTROL USE: NCVRS
(7) GEOID MODEL: 2012 (CONUS)
(8) COMBINED GRID FACTOR(S): 0.999935052
(9) UNITS: US SURVEY FEET
NORTH CAROLINA
GUILFORD COUNTY
I, ______________________________, REVIEW OFFICER OF
GUILFORD COUNTY CERTIFY THAT THE MAP OR PLAT
TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
STATUTORY REQUIREMENTS FOR RECORDING.
________________________________________________________
REVIEW OFFICER DATE
THIS PLAT DOES NOT REQUIRE CERTIFICATE OF APPROVAL BY
THE DIVISION OF HIGHWAYS AS PROVIDED IN G.S. 136-102.6,
SUBSECTION (G).
___________________________ ________________
PLANNING DIRECTOR DATE
PICK UP: CITY OF GREENSBORO
APPROVED FOR RECORDATION BY THE CITY OF GREENSBORO,
NORTH CAROLINA ON THE ____ DAY OF ___________, 2023,
PURSUANT TO THE GREENSBORO DEVELOPMENT ORDINANCE
SIGNED_____________________________ DATE______________
RIGHT OF WAY LINE
EASEMENT LINE
SIDEWALK / BUILDING LINE
LEGEND
CMF - CONCRETE MONUMENTIRS - IRON ROD SET
IRF - IRON ROD FOUND
IPF - IRON PIPE FOUND FIRE HYDRANT
POWER POLE
PG - PAGE
SF - SQUARE FEET
NTS - NOT TO SCALE
R / W - RIGHT-OF-WAY
C / L - CENTERLINE
P / L - PROPERTY LINE
PB - PLAT BOOK
DB - DEED BOOK
OHP
STORM LINE
SANITARY LINESAN
OVERHEAD POWER LINE
MH SANITARY
MH DRAINAGE
S
D
BROWNFIELDS PROPERTY LINE
ADJOINER LINE
MNF - MAG NAIL FOUND
CP - COMPUTED POINT STORM INLET
XXXX - SITE ADDRESS
GROUNDWATER MONITORING WELL (MW #)SOIL BORING (SS #)
AS - SUB-SLAB SOIL GAS SAMPLES
SG - SOIL GAS SAMPLE
SHERWIN-WILLIAMS CO.
1025 HOWARD ST.
DB 3841 PG 1805
PIN# 7854327675
Site Development Residential Infrastructure TechnologyDATE:SCALE:
J.N.:SHEET OF
DRAWN BY:CHECK BY:
MOREHEAD TOWNSHIP GUILFORD COUNTY, N.C.
JAN 19, 2024
2 3
BS, MM
50142
N/A
MM 610 E Morehead Street, Suite 250, Charlotte, NC 27607TEL [phone] / FAX [phone]www.timmons.comNorth Carolina License Number C-1652THIS DRAWING PREPARED AT THECHARLOTTE, NC OFFICEEXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT2610 OAKLAND AVENUE AND 1001 SOUTH LINDELL ROADCITY OF GREENSBORO, GUILFORD COUNTY, NORTH CAROLINACURRENT OWNER: MJM OWNER LLCTAX PINs: 7854321254 & 7854321544BROWNFIELDS PROJECT NAME: MOCK JUDSON MILLBROWNFIELDS PROJECT NO.: 25094-21-041SURVEYED FOR PROSPECTIVE DEVELOPER: CAPITAL BROADCASTING COMPANY, INC.
Site Development Residential Infrastructure TechnologyDATE:SCALE:
J.N.:SHEET OF
DRAWN BY:CHECK BY:
MOREHEAD TOWNSHIP GUILFORD COUNTY, N.C.
JAN 19, 2024
3 3
BS, MM
50142
N/A
MM
OAKLAND AVE.
SPRING
GARDEN ST.PARK TERRACEWILLOWBROOK DR.NORTHRIDGE ST.SCOTT AVE.LONGVIEW ST.HIATT ST.LINDELLRD.HOWARDST.SPRIN
G
GARDE
N

S
T
.
MASONIC
DR.
(NOT TO SCALE)
VICINITY MAP
SITE
610 E Morehead Street, Suite 250, Charlotte, NC 27607TEL [phone] / FAX [phone]www.timmons.comNorth Carolina License Number C-1652THIS DRAWING PREPARED AT THECHARLOTTE, NC OFFICE____________________________ FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
_____________________________________ ___________________________
BRUCE NICHOLSON, CHIEF DATE
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT2610 OAKLAND AVENUE AND 1001 SOUTH LINDELL ROADCITY OF GREENSBORO, GUILFORD COUNTY, NORTH CAROLINACURRENT OWNER: MJM OWNER LLCTAX PINs: 7854321254 & 7854321544BROWNFIELDS PROJECT NAME: MOCK JUDSON MILLBROWNFIELDS PROJECT NO.: 25094-21-041SURVEYED FOR PROSPECTIVE DEVELOPER: CAPITAL BROADCASTING COMPANY, INC.LAND USE RESTRICTIONS
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 Guilford 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):
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. All references to DEQ shall be understood to include any successor in function.
Land Uses
a.No use may be made of the Brownfields Property other than for high-density rental residential, office, retail, rental storage,
recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial uses.
These land uses and their definitions below apply solely for purposes of this agreement, and do not waive any local
zoning, rule, regulation, or permit requirements:
i. High-density rental 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, dog
runs, recreation areas and parking garages. Single family homes, townhomes, duplexes or other units with yards are
prohibited.
ii.Office is defined as a place where business or professional services are provided.
iii. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and
includes showrooms, personal service, open air markets, festivals, food halls, and the sales of food and beverage products,
including from mobile establishments such as food trucks.
iv. Rental Storage is defined as spaces that are commercially rented on a short- or long-term basis by consumers and
businesses for the storage of personal effects, household goods, equipment, and other non-hazardous materials that are in
compliance with all applicable local, state, and federal regulations.
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, with the
exception of educational space and childcare facilities.
viii.Industrial is defined as the assembly, fabrication, manufacture, processing, warehousing, or distribution of goods or
materials, and can include flex parks, and research and development uses.
Specific Prohibitions
b.The Brownfields Property may not be used for childcare centers, adult care centers, or 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 redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health,
safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment
in any other form, including without limitation:
i.demolition of existing buildings, if applicable;
ii.issues related to known or potential sources of contamination, including without limitation those resulting from contamination
identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential
sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv.plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the
disposition of all soil excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
e.Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical
redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion
of physical redevelopment), the then-owner of the Brownfields Property shall provide DEQ a report 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).
Groundwater
f.Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along
with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be encountered or
exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP
outlined in subparagraph 12.d., or a plan approved in writing in advance by DEQ.
g.Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant
storm water collection and reuse techniques, without the prior written approval of DEQ.
Soil
h.No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of
the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure
the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i.in connection with landscape planting to depths not exceeding 24 inches;
ii.mowing and pruning of above-ground vegetation;
iii.for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of
a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business
day, and that any related assessment and remedial measures required by DEQ shall be taken; and
iv.in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in
subparagraph 12.d.
i.Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s
satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in
paragraph 12.d.
j.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.
k.The Brownfields Property may not be used for community gardens unless they are constructed in raised beds so as not to
disturb native soil, unless compliance with this land use restriction is waived in writing in advance by DEQ.
Vapor Intrusion
l.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
m.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
n.The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved
monitoring well is damaged by the owner, its contractors, or its tenants, shall be responsible for repair of any such wells to
DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notifications upon Transfer
o.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 Guilford 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
p.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;
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; and
iii.as constituents of products and materials customarily used and stored in high-density rental residential, office, retail, rental
storage, recreational, associated parking, and subject to DEQ’s prior written approval, other commercial or light/flex industrial
environments, provided such products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws.
Other Prohibited Uses
q.The Brownfields Property may not be used for ground-contact sports of any kind, including, but not limited to, golf, football,
soccer, and baseball, without the prior written approval of DEQ.
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 1st of that year shall submit a notarized Land Use Restrictions Update
(“LURU”) to DEQ, and to the chief public health and environmental officials of Guilford County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford
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 they owned such portion of 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 vapor intrusion systems installed pursuant to subparagraph 12.l. 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 vapor intrusion 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 of this Agreement.
Mock Judson Mill/25094-21-041/20240126
EXHIBIT C
LEGAL DESCRIPTION