22025_WWAY_PCPkg_20240508

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: WWAY
Brownfields Project Number: 22025-18-065
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NL The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than May 15, 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
W WAY/22025-18-065/20240508

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: WWAY
Brownfields Project Number: 22025-18-065
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, 615 N Front
Street, LLC, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a
Notice of Intent to Redevelop a Brownfields Property ("Brownfields Property") located at 615 N. Front Street, Wilmington,
New Hanover County. The Brownfields Property, which was formerly an Atlantic Coast Line Railroad maintenance and
repair facility until the 1960s, and the WWAY television broadcasting station site until 2018, consists of 1.6 acres.
Environmental contamination exists on the Brownfields Property in soil, groundwater, and exterior soil gas. 615 N Front
Street, LLC has committed itself to redevelop the Brownfields Property for no uses other than high -density residential,
hotel, retail, office, associated parking, and subject to DEQ's prior written approval, other commercial uses. The
Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
615 N Front Street, LLC, which in turn includes (a) a map showing the location of the Property, (b) a description of the
contaminants involved and their concentrations in the media of the Property, (c) the above -stated description of the intended
fixture 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 New Hanover County Public
Library, Main Branch, 201 Chestnut Street, Wilmington, NC 28401 by contacting Jim Rider at 919-798-6300; or
at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street, Raleigh, NC or by
contacting Shirley Liggins at that address, at shirley.lig ig�nskdeq.nc.gov, or at [phone]. The full Notice of
Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public record database, Laserfiche, by
entering the project number 22025-18-065 into the search bar at the following web address:
https:Hedocs.deq.nc.gov/WasteMana eg ment/
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than May 15, 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
22025-18-065/WWAY/20240508

Property Owner: 615 N Front Street, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: 615 North Front Street
Brownfields Project Number: 22025-18-065
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20_ by 615
N Front Street, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 615 North Front Street, Wilmington, New Hanover
County and is 1.6 acres. The Brownfields property, which was formerly an Atlantic Coastline Railroad
maintenance and repair facility until the 1960s, and the WWAY television broadcasting station site until
2018 is currently vacant and is known to have soil, groundwater, and soil gas contaminants. The
W WAY/22025-18-065/20240508

Prospective Developer has committed to redeveloping the Brownfields Property for no use other
than high -density residential, hotel, retail, office, associated parking, and subject to DEQ's prior
written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high -density residential, hotel,
retail, office, associated parking, and subject to DEQ's prior written approval, other commercial
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:
W WAY/22025-18-065/20240508
2

i. "High -Density Residential" is defined as permanent dwellings where residential units are
attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards are
prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common
areas, recreation areas and parking garages. Single family homes, townhomes, duplexes or other
units with yards are prohibited.
ii. "Hotel" is defined as the provision of overnight lodging to paying customers, and
associated food services, gym, reservation, cleaning, utilities, parking and on -site hospitality,
management and reception services.
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. "Office" is defined as a place where business or professional services are provided.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee, with the exception of educational space and childcare facilities.
b. 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 residential use unless the work described in
subparagraphs 12.g., 12.h., and 12.i. below have been conducted to DEQ's written satisfaction.
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 structures, as applicable;
ii. issues related to known or potential sources of contamination, including without
W WAY/22025-18-065/20240508
3

limitation those resulting from contamination identified in paragraph 3 above, and Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered or newly accessible potential sources of environmental
contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. plans for the proper characterization of, and, as necessary, disposal of building materials
or contaminated soils excavated 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 subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: Work to be
Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and
ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be
contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials (for example,
concrete, demolition debris) from the Brownfields Property (copies of all legally required
manifests shall be included).
Groundwater
£ 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 12A., or a plan approved in writing in advance
by DEQ.
W WAY/22025-18-065/20240508
4

Soil
g. No use may be made of the Brownfields Property as denoted on the plat component of the Notice
of Brownfields Property, referenced in paragraph 16 below, unless measures to remove and
properly dispose of soil within the depth of disturbance of said redevelopment that contains
contaminants in concentrations in excess of industrial screening levels are completed to DEQ's
written satisfaction.
h. No residential use may be made of the Brownfields Property as denoted on the plat component
of the Notice of Brownfields Property, referenced in paragraph 16 below, unless the work required
in subparagraph 12.g. above has been completed, and direct exposure of soil containing
contaminants in excess of residential screening levels is mitigated in accordance with a DEQ-
approved remedial action plan and is completed to DEQ's written satisfaction. Such a work plan
may include excavation and proper disposal of soil, and the installation of an underlying geotextile
material and a cap consisting of a minimum of two (2) feet of compacted, demonstrably clean fill
(as demonstrated through pre -installation sampling and geotechnical testing, or another cover
approved in writing in advance by DEQ, is installed to DEQ's written satisfaction, such that
DEQ concludes in writing that the Brownfields Property is suitable for the uses specified in
subparagraph 12.a. above and that public health and the environment are fully protected, and shall
be maintained, and left undisturbed other than through normal use.
i. When soil at the Brownfields Property is capped, a written report verifying cap installation,
compaction and final grade thickness and elevations, and summarizing any sampling or
geotechnical testing of the cap or cap materials in areas that will not be covered by buildings or
other impermeable surfaces prior to the Brownfields Property reuse, as well as a plan for the cap's
inspection and maintenance, shall be submitted to DEQ no later than 30 days following
installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's
written satisfaction within 30 days after DEQ provides written notice of such deficiencies. The
then owner shall maintain said cap and cover as defined in subparagraph 121. above, per said plan
to DEQ's written satisfaction.
j. 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 in clean fill material 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
W WAY/22025-18-065/20240508
5

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.
k. No residential 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.
1. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling
and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in subparagraph 12.d.
m. The Brownfields Property may not be used as a playground, or for child care centers or schools,
except in areas where sampling has shown that clean soils are present, or two feet of demonstrably
clean fill, or another cover approved in writing in advance by DEQ, are installed to DEQ's written
satisfaction, delineated to DEQ's written satisfaction on the plat component of the Notice
referenced below in paragraph 16, maintained, and left undisturbed other than through normal
playground, child care center or school use.
n. 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.
o. The Brownfields Property may not be used for dog runs, kennels, private animal pens, or horse -
riding unless approved in writing in advance by DEQ.
p. Any landscaping shall not disturb native soil at the Brownfields Property, and any gardens for
the purpose of growing vegetables, flowers, or other crops shall be constructed in raised beds and
not disturb native soil at the Brownfields Property, unless compliance with this land use restriction
is waived in writing in advance by DEQ.
Vapor Intrusion
q. 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
W WAY/22025-18-065/20240508
6

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 system has been designed to be fully protective of public
health within the meaning of NCGS § 130A-310.32(a)(2), 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
r. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
Damage to Wells
s. 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
t. 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 New Hanover County land records, Book
Page " A copy of any such instrument shall be sent to the persons listed
in Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every lease and rider is identical in form, the owner conveying an interest may provide DEQ with
copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending
W WAY/22025-18-065/20240508
7

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
u. 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:
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 or materials customarily used and stored in high -density
residential, hotel, retail, office, associated parking, and subject to DEQ's prior written approval,
other commercial environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws.
Land Use Restriction Update
v. 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 New Hanover County, certifying that, as of said January 1 st,
the Notice of Brownfields Property containing these land use restrictions remains recorded at the
New Hanover County Register of Deeds office and that the land use restrictions are being complied
with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which
covers the period of time they owned the property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address, telephone number, and
contact person's e-mail address of the owner, or board, association or approved entity, submitting
the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted,
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e-mail
address, if said owner, or each of the owners on whose behalf a joint LURU is submitted,
transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone) installed pursuant
W WAY/22025-18-065/20240508

to subparagraph 12.h. above are intact, uncompromised, and whether there has been any erosion
of the cover or cap, or other condition of the cover or cap that required or requires repair pursuant
to subparagraph 12.i. to prevent exposure to soil beneath the cover or cap;
iv. whether any or vapor intrusion mitigation systems installed pursuant to subparagraph
12.q. 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/methane
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
v. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and shall include the name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address of the entity submitting the joint LURU as well as for each of the
owners on whose behalf the joint LURU is submitted;
vi. A LURU submitted for rental units shall include enough of each lease entered into
during the previous calendar year to demonstrate compliance with lessee notification requirements
in paragraphs 17 and 18 of this Agreement provided that if standard form leases are used in every
instance, a copy of such standard form lease may be sent in lieu of copies of actual leases; and
vii. A property owners' association or other entity may perform this LURU's duties, on
behalf of some or all owners of the Brownfields Property, if said association or entity has accepted
responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that
includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail
address of each owner on whose behalf the LURU is proposed to be submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
W WAY/22025-18-065/20240508
9

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
615 N Front Street, LLC
Robert Stockel
Managing Member
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:
W WAY/22025-18-065/20240508
10

************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
W WAY/22025-18-065/20240508
11

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: 615 N Front Street, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 22025-18-065
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
WWAY
615 North Front Street
Wilmington, New Hanover County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and 615 N Front Street, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 615 North Front Street, Wilmington, New Hanover
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 615 N Front Street LLC, a manager -managed limited
liability company, with its principal office at 1221 Arboretum Drive, Wilmington, NC 28405. Its
managing member is Robert Stockel, 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 615 N Front Street LLC for contaminants at the Brownfields Property.
The Parties agree that 615 N Front Street LLC's, entry into this Agreement, and the
W WAY/22025-18-065/20240508

actions undertaken by 615 N Front Street LLC in accordance with the Agreement, do not
constitute an admission of any liability by 615 N Front Street LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit 615
N Front Street LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean 615 N Front Street LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
IDs
615 North Front Street (Parcel ID No. R04716-006-00 1 -000)
Acreage
1.6 acres
Current Property Owner
615 N Front Street LLC
Current Land Uses
The Brownfields Property is presently vacant land
Site Vicinity Land Uses
Mixed commercial, retail, parking, recreational
Proposed Reuse(s)
High -density residential, hotel, retail, office, associated
parking, and subject to DEQ's prior written approval, other
commercial uses.
Public Benefits of Reuse
Job creation, revitalization of blighted area, and tax base
2
W WAY/22025-18-065/20240508

BROWNFIELDS PROPERTY INFORMATION SUMMARY
increase
A Notice of No Further Action (NFA) with a Notice of
Residual Petroleum (NORP) deed restriction was filed on
November 15, 2005 for this Brownfields Property. This
Existing Land Use
NORP, previously recorded pursuant to N.C. Gen. Stat. §
Restrictions Prior to
143B-279.9 and N.C. Gen. Stat. § 143B-279.11 in the New
Brownfields Agreement
Hanover County Register of Deeds, Book 4937, Page 799-
804, on November 15, 2005, shall immediately be
SUPERSEDED upon the filing of the executed Notice of
Brownfields Property.
ENVIRONMENTAL INFORMATION SUMMARY
Historical records indicate that the Brownfields Property was
developed by the Atlantic Coast Line Railroad with car shops
and a repair building to support operations associated with the
maintenance and repair of railroad cars. The repair building
housed a machine shop, oil storage area, blacksmith room,
and foundry, among other activities. The building was
demolished in the 1960s during downtown redevelopment
Historical Operations &
activities and in 1969 a new building, identified as the
Contaminant Sources
WWAY building, was constructed and later expanded
through the years. The WWAY building served as a television
broadcasting station until it was demolished in 2018.
Heavy metals and petroleum compounds are known soil and
groundwater contaminants. Releases from historic railroad
maintenance operations and two underground storage tanks
(USTs) used by WWAY have contributed to contamination
on the Brownfields Property.
Current Operations/Activities
The Brownfields Property is currently vacant with exception
of a retaining wall.
Soil: SVOC and metal impacts to the soil were documented
across the Brownfields Property with elevated concentrations
in excess of Residential Preliminary Soil Remedial Goals
(PSRGs) found along the western retaining wall, in the former
footprint of the UST area, and the machine shop and foundry.
Contaminated Media
Groundwater: The compounds, arsenic, benzo(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene, total chromium, and
lead compounds were identified in groundwater in excess of
their respective NC 2L Groundwater Standard. 2,4-
dinitro henol was also detected in one well, but there is not
W WAY/22025-18-065/20240508

ENVIRONMENTAL INFORMATION SUMMARY
an established groundwater standard for this compound.
Exterior Soil Gas: No contaminants above their respective
DEQ Residential Vapor Intrusion Screening Levels (VISLs)
were detected in exterior soil gas samples. n-Butane, ethanol
and tertiary butyl alcohol were detected in exterior soil gas
samples, but there are no established screening levels for
these compounds.
Sub -Slab Vapor: This type of sample was not collected at the
Brownfields Property as slabs were not present at the time of
the assessment.
Indoor Air: Indoor air samples were not collected at the
Brownfields Property as no buildings were present at the time
of assessment.
Surface Water/Sediment: Surface water is not present at the
Brownfields Property.
ID Numbers/Permits
UST Incident No. 32052 — WWAY TV 3 Station (Diesel
Tank
Onsite Receptors Considered
Future residents, construction workers, on -site workers,
visitors, and trespassers.
i. Water supply wells: There is a public water supply well
located 4,420 ft northwest of the Brownfields Property.
ii. Residential structures, churches, or childcare centers: On
the SE side there is a daycare located approximately 850ft
from the Brownfield Property and a residence with basement
Potential Offsite Receptors
located approximately 950 ft from the Brownfields Property.
Considered
On the Eastern side there is a residence located 600 ft from
the Brownfields Property.
iii. Surface water: There are no known surface water receptors
immediately adjacent to the Brownfields Property, though the
Cape Fear River is located approximately 500 to 1,000 feet to
the northwest and west of the Brownfields Property,
respectively.
Potential offsite migration
Groundwater: Groundwater flows west towards the Cape Fear
pathways
River.
W WAY/22025-18-065/20240508

ENVIRONMENTAL INFORMATION SUMMARY
Soil Vapor: VOCs are not significant contaminants on the
Brownfields Property and therefore are not considered to pose
a risk of offsite migration through soil vapor.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Report of Closure of an Underground
National Environmental
May 9, 1994
Storage Tank System
Technologies, Inc.
Underground Storage Tank Closure
SEI Environmental, Inc.
April 9, 2003
Report, WWAY TV3 Station
WWAY TC 3 Station
SEI Environmental &
February 11, 2004
Geological Services, P.C.
Notice of Residual Petroleum, WWAY
Underground Storage Tank
November 14, 2005
TV 3
Section, NC DENR
Notice of No Further Action, WWAY TV
Underground Storage Tank
November 15, 2005
3
Section, NC DENR
Phase I Environmental Site Assessment,
WPC Engineering,
WWAY-TV Studio and Tower
Environmental, &
June 15, 2009
Construction Services
Phase I Environmental Site Assessment,
Atlantic Shores
December 22, 2017
WWAY Building
Environmental Services, Ltd.
Limited Site Investigation. WWAY
Terracon Consultants, Inc.
February 9, 2018
Building
Report of Soil Sampling, WWAY
Atlantic Shores
May 8, 2018
BuildingEnvironmental
Services, Ltd.
Notification of Demolition
Atlantic ShoresEnvironmental Services, Ltd.
June 22, 2018
Phase II Environmental Site Assessment,
Atlantic Shores
August 10, 2021
WWAY
Environmental Services, Ltd.
5
W WAY/22025-18-065/20240508

Title
Prepared by
Date of Report
Soil Characterization and Relocation
Geosyntec Consultants of
February 15, 2022
Evaluation Report, Site: WWAY
NC, P.C.
Soil Gas Screening Report, Site: WWAY
Geosyntec Consultants of
NC, P.C.
April 27, 2022
IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated April 20, 2018, and the
following:
a. On March 13, 2018, Prospective Developer purchased Brownfields Property;
b. In 2018, the Prospective Developer demolished the previous structures under
approval from the City of Wilmington.
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
6
W WAY/22025-18-065/20240508

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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
7
W WAY/22025-18-065/20240508

a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
b. the creation of a number of temporary construction jobs and permanent jobs;
c. an increase in tax revenue for affected jurisdictions;
d. Additional high -density residential, hotel, retail, office, associated parking, and
subject to DEQ's prior written approval, other commercial use for the area;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; 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):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
8
W WAY/22025-18-065/20240508

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, or pursuant
to the measures required by subparagraphs 12.g., 12.h. and 12.i. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. The Notice of Residual Petroleum, previously recorded pursuant to N.C. Gen.
Stat. § 14313-279.9 and N.C. Gen. Stat. § 14313-279.11 in the New Hanover County Register of
Deeds, Book 4937, Page 799-804, on November 15, 2005 shall immediately be SUPERSEDED
upon the filing of the Notice of Brownfields Property. All references to DEQ shall be understood
9
W WAY/22025-18-065/20240508

to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density
residential, hotel, retail, office, associated parking, and subject to DEQ's prior written approval,
other commercial 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 Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management and reception services.
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. "Office" is defined as a place where business or professional services
are provided.
10
W WAY/22025-18-065/20240508

v. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
b. 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 residential use unless the work
described in subparagraphs 12.g., 12.h., and 12.i. below have been conducted to DEQ's written
satisfaction.
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 structures, as applicable;
ii. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in paragraph 3 above,
11
W WAY/22025-18-065/20240508

and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of
environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil -water
separators, soil contamination);
iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated 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 subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
12
W WAY/22025-18-065/20240508

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.
Soil
g. No use may be made of the Brownfields Property as denoted on the plat
component of the Notice of Brownfields Property, referenced in paragraph 16 below, unless
measures to remove and properly dispose of soil within the depth of disturbance of said
redevelopment that contains contaminants in concentrations in excess of industrial screening
levels are completed to DEQ's written satisfaction.
h. No residential use may be made of the Brownfields Property as denoted on the
plat component of the Notice of Brownfields Property, referenced in paragraph 16 below, unless
the work required in subparagraph 12.g. above has been completed, and direct exposure of soil
containing contaminants in excess of residential screening levels is mitigated in accordance with
a DEQ-approved remedial action plan and is completed to DEQ's written satisfaction. Such a
13
W WAY/22025-18-065/20240508

work plan may include excavation and proper disposal of soil, and the installation of an
underlying geotextile material and a cap consisting of a minimum of two (2) feet of compacted,
demonstrably clean fill (as demonstrated through pre -installation sampling and geotechnical
testing, or another cover approved in writing in advance by DEQ, is installed to DEQ's written
satisfaction, such that DEQ concludes in writing that the Brownfields Property is suitable for the
uses specified in subparagraph 12.a. above and that public health and the environment are fully
protected, and shall be maintained, and left undisturbed other than through normal use.
i. When soil at the Brownfields Property is capped, a written report verifying cap
installation, compaction and final grade thickness and elevations, and summarizing any sampling
or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings
or other impermeable surfaces prior to the Brownfields Property reuse, as well as a plan for the
cap's inspection and maintenance, shall be submitted to DEQ no later than 30 days following
installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's
written satisfaction within 30 days after DEQ provides written notice of such deficiencies. The
then owner shall maintain said cap and cover as defined in subparagraph 12.h. above, per said
plan to DEQ's written satisfaction.
j. 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 in clean fill material to depths not
14
W WAY/22025-18-065/20240508

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.
k. No residential 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.
1. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 12.d.
in. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where sampling has shown that clean soils are present, or two
feet of demonstrably clean fill, or another cover approved in writing in advance by DEQ, are
installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction on the plat
component of the Notice referenced below in paragraph 16, maintained, and left undisturbed
other than through normal playground, child care center or school use.
n. The Brownfields Property may not be used for ground -contact sports of any
15
W WAY/22025-18-065/20240508

kind, including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
o. The Brownfields Property may not be used for dog runs, kennels, private animal
pens, or horse -riding unless approved in writing in advance by DEQ.
p. Any landscaping shall not disturb native soil at the Brownfields Property, and
any gardens for the purpose of growing vegetables, flowers, or other crops shall be constructed
in raised beds and not disturb native soil at the Brownfields Property, unless compliance with
this land use restriction is waived in writing in advance by DEQ.
Vapor Intrusion
q. 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,
16
W WAY/22025-18-065/20240508

as evidenced by said engineer's professional seal, is satisfied that the system has been designed
so as to be fully protective of public health within the meaning of NCGS § 130A-310.32(a)(2),
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
r. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Wells
s. 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
17
W WAY/22025-18-065/20240508

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
t. 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 New Hanover
County land records, Book , Page .99A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this paragraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Separating Old from New Contamination
u. 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
18
W WAY/22025-18-065/20240508

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 or materials customarily used and stored in
high -density residential, hotel, retail, office, associated parking, and subject to DEQ's prior
written approval, other commercial environments, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws.
Land Use Restriction Update
v. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of New Hanover County,
certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the New Hanover County Register of Deeds office and that
the land use restrictions are being complied with. If the property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
19
W WAY/22025-18-065/20240508

telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone)
installed pursuant to subparagraph 12.h. above are intact, uncompromised, and whether there has
been any erosion of the cover or cap, or other condition of the cover or cap that required or
requires repair pursuant to subparagraph 12.i. to prevent exposure to soil beneath the cover or
cap;
iv. whether any or vapor intrusion mitigation systems installed pursuant to
subparagraph 12.q. 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/methane mitigation systems have changed, and, if so, how, and under which
precautions so as not to interfere with the operation of said system;
v. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted;
vi. A LURU submitted for rental units shall include enough of each lease
20
W WAY/22025-18-065/20240508

entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases; and
vii. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.r. above, while the Prospective Developer owns the Brownfields Property, Prospective
Developer shall provide DEQ, its authorized officers, employees, representatives, and all other
21
W WAY/22025-18-065/20240508

persons performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the New Hanover 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
22
W WAY/22025-18-065/20240508

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 New
Hanover 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 the 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
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
23
W WAY/22025-18-065/20240508

Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 3 La. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than 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
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:
24
W WAY/22025-18-065/20240508

a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
25
W WAY/22025-18-065/20240508

public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § l 13A-1, et SeMc .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
26
W WAY/22025-18-065/20240508

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.
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 §
27
W WAY/22025-18-065/20240508

130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
28
W WAY/22025-18-065/20240508

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
b. for Prospective Developer:
Robert Stockel, Manager
615 N Front Street LLC
1221 Arboretum Drive
Wilmington, NC 28405
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
29
W WAY/22025-18-065/20240508

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
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
30
W WAY/22025-18-065/20240508

in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
31
W WAY/22025-18-065/20240508

615 N Front Street LLC
By:
Robert Stockel
Managing Member
32
W WAY/22025-18-065/20240508
Date

mml

Exhibit 2
Brownfields Property Name: WWAY
Brownfields Project Number: 22025-18-065
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 /L
Standard
(µg/L)
Arsenic
GW 1
6/25/2021
37.6
10
GW-ID
6/25/2021
37.1
GW2
6/25/2021
30.7
TW-3
1/24/2018
19
Benzo(a)anthracene
TW-1
1/24/2018
0.0555
0.05
TW-5
1/24/2018
0.0695
Benzo a rene
TW-5
1/24/2018
0.0682
0.005
Benzo b fluoranthene
TW-5
1/24/2018
0.0787
0.05
Chromium Total
GW 1
6/25/2021
83.1
10
GW-ID
6/25/2021
82.2
GW2
6/25/2021
39.2
TW-3
1/24/2018
56
2,4 — Dinitro henol
TW-3
1/24/2018
4.24
NSE
Lead
GW-1
6/25/2021
15.2
15
GW-2
6/25/2021
16.1
TW-3
1/24/2018
39
NSE — No standard established.
W WAY/22025-18-065/20240508

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
(February 2024):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Acenaphthylene
B-8
0-8
11/22/2021
0.030 J
NSE
TW-5-25
25-26
1/23/2018
1.03
Arsenic
B-1
8-16
11/22/2021
3.6
0.68
B-2
0-8
11/22/2021
5.5
B-2
8-16
11/22/2021
1.6
B-2
16-20
11/22/2021
4.7
B-3
0-8
11/22/2021
10.9
B-4
8-16
11/22/2021
2.1
B-4
16-21
11/22/2021
10
B-5
16-22
11/22/2021
6.8
B-6
0-8
11/22/2021
0.77
B-6
16-22
11/22/2021
5.3
B-7
0-8
11 /23/2021
3.9
B-8
16-23
11/23/201
10
B-9
8-16
11/22/2021
2.3
B-10
0-8
11/23/2021
10.1
HA 1-3
3
4/13/2018
14.3
HA2-3
3
4/13/2018
22.0
HA2-6.5
6.5
4/13/2018
14.5
HA3-3
3
4/13/2018
15.1
HA3-5.5
5.5
4/13/2018
21.3
HA4-Surf
Surface
4/13/2018
2.2
HA4-3
3
4/13/2018
49.9
HA5-3
3
4/13/2018
12.6
HA5-7
7
4/13/2018
11.3
SB-1-1
1-2
1/23/2018
5.18
SB-1-17
1-2
1/23/2018
0.88
SB-3-1
1-2
1/23/2018
6.87
SB-4-1
1-2
1/23/2018
2.84
SB-4-21
21-22
1/23/2018
7.03
SS-1
2
6/25/2021
3.0
2
WWAY/22025-18-065/20240508

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level'
(mg/kg)
Arsenic
SS-2
2
6/25/2021
2.7
0.68
SS-3
2
6/25/2021
1.5J
SS-4
2
6/25/2021
4.7
SS-5
2
6/25/2021
2.5
SS-6
2
6/25/2021
2.0
SS-7C
0-24
6/25/2021
5.0
SS-8C
0-16
6/25/2021
22.6
SS-9C
0-20
6/25/2021
1.81
SS-9CD
0-20
6/25/2021
1.5J
SS-10C
0-20
6/25/2021
5.4
TW-5-1
1-2
1/23/2018
12.1
TW-5-25
25-26
1/23/2018
2.08
Benzo(a)anthracene
HA2-3
3
4/13/2018
1.660
1.1
HA2-6.5
6.5
4/13/2018
2.420
SB-3-1
1-2
1/23/2018
1.48
Benzo(a)pyrene
B-6
0-8
11/22/2021
0.128 J
0.11
B-8
0-8
11/22/2021
0.153 J
B-9
0-8
11/22/2021
0.111 J
HA2-3
3
4/13/2018
1.490
HA2-6.5
6.5
4/13/2018
2.220
HA3-3
3
4/13/2018
0.796
HA3-5.5
5.5
4/13/2018
0.638
SB-3-1
1-2
1/23/2018
1.15
TW-5-25
25-26
1/23/2018
0.809
Benzo(b)fluoranthene
HA2-3
3
4/13/2018
1.910
1.1
HA2-6.5
6.5
4/13/2018
2.790
HA3-3
3
4/13/2018
1.120
SB-3-1
1-2
1/23/2018
1.19
Benzo(g' h'pe lene i)
B-2
0-8
11/22/2021
32.1 J
NSE
B-6
0-8
11/22/2021
0.0716 J
B-7
0-8
11/22/2021
0.0785 J
B-8
0-8
11/22/2021
0.116 J
B-9
8-16
11/22/2021
0.0918 J
HA2-3
3
4/13/2018
0.960
HA2-6.5
6.5
4/13/2018
1.380
HA3-3
3
4/13/2018
0.648
HA3-5.5
5.5
4/13/2018
0.583
SB-1-1
1-2
1/23/2018
0.0835
WWAY/22025-18-065/20240508

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level'
(mg/kg)
Benzo h' i)
(g' pe lene
SB-3-1
1-2
1/23/2018
0.684
NSE
TW-5-25
25-26
1/23/2018
0.652
Cadmium
HA3-3
3
4/13/2018
1.5
1.4
HA3-5.5
5.5
4/13/2018
1.4
HA4-3
3
4/13/2018
5.9
Chromium,
Hexavalent
B-1
0-8
11/22/2021
0.97
0.31
B-1
8-16
11/22/2021
0.83
B-1
16-20
11/22/2021
0.88
B-2
0-8
11/22/2021
1.4
B-2
8-16
11/22/2021
0.71
B-2
16-20
11/22/2021
0.98
B-3
0-8
11/22/2021
1.2
B-3
8-16
11/22/2021
1
B-3
16-21
11/22/2021
0.91
B-4
0-8
11/22/2021
0.6
B-4
8-16
11/22/2021
3.4
B-4
16-21
11/22/2021
0.85
B-5
0-8
11/22/2021
0.63
B-5
8-16
11/22/2021
1.7
B-5
16-22
11/22/2021
0.95
B-6
0-8
11/22/2021
0.82
B-6
8-16
11/22/2021
0.64
B-6
16-22
11/22/2021
0.69
B-7
0-8
11/22/2021
1.5
B-7
8-16
11/22/2021
0.86
B-7
16-20
11/22/2021
1.1
B-8
0-8
11/22/2021
1.3
B-8
8-16
11/22/2021
1.1
B-8
16-23
11/23/2021
0.88
B-9
0-8
11/22/2021
1.0
B-9
8-16
11/22/2021
0.9
B-9
16-23
11/22/2021
0.92
B-10
0-8
11/23/2021
1.0
B-10
8-16
11/23/2021
0.86
B-10
16-25
11/23/2021
0.98
Indeno(1,2,3-cd)
pyrene
HA2-6.5
6.5
4/13/2018
1.28
1.1
WWAY/22025-18-065/20240508

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Residential
Screening
Level'
(mg/kg)
p-Isopropyltoluene
SS-1
2
6/25/2021
0.0437
NSE
SS-3
2
6/25/2021
0.0521J
SS-4
2
6/25/2021
0.0706
Lead
HA1-3
3
4/13/2018
551
200
HA2-3
3
4/13/2018
1,800
HA2-6.5
6.5
4/13/2018
780
HA3-3
3
4/13/2018
2,090
HA3-5.5
5.5
4/13/2018
2,410
HA4-3
3
4/13/2018
395
HA5-7
7
4/13/2018
430
SB1-1
1-2
1/23/2018
296
SB-3-1
1-2
1/23/2018
479
SB-4-21
21-22
1/23/2018
235
TW-5-1
1-2
1/23/2018
1,350
SS-3
2
6/5/2021
252
SS-7C
0-24
6/25/2021
828
SS-8C
0-16
6/25/2021
837
B-2
8-16
11/22/2021
240
B-2
16-20
11/22/2021
234
Mercury
B-1
16-20
11/22/2021
2.7
2.3
SB-3-1
1-2
1/23/2018
4.62
SS-7C
0-24
6/25/2021
7.30
Naphthalene
SS-4
2
6/25/2021
2.15
2.1
Phenanthrene
B-4
0-8
11/22/2021
0.0852 J
NSE
B-6
0-8
11/22/2021
0.0648 J
B-7
0-8
11/22/2021
0.138 J
B-8
0-8
11/22/2021
0.357
B-9
8-16
11/22/2021
0.0889 J
HA2-3
3
4/13/2018
1.14
HA2-6.5
6.5
4/13/2018
2.17
HA3-3
3
4/13/2018
0.671
HA4-3
3
4/13/2018
0.952
HA5-3
3
4/13/2018
0.433
HA5-7
7
4/13/2018
0.607
SB-1-1
1-2
1/23/2018
0.425
SB-3-1
1-2
1/23/2018
1.37
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
WWAY/22025-18-065/20240508

J — estimated value between the method detection limit and the laboratory reporting limit
C identifies a composite sample.
Note that there are two sample series with the same SS- prefix; the first set was collected in 2004
and reported by SEI Engineering and Geological Services, PC (2004), and the second set were
collected in 2021 by Geosyntec (2021). The soil samples collected on May 20, 2004, as
described in SEI Engineering and Geological Services, P.C. 2004 report are excluded from these
data tables as the location of these samples cannot be identified for the Brownfields Survey plat.
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 (February 2024):
Concentration
Residential
Exterior Soil Gas
Sample
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level'
Level /m3
/m3
SG-2
6/25/2021
86
SG-3
6/25/2021
700
n-Butane
SG-31)
6/25/2021
760
SSG-1
6/25/2021
60
NSE
Ethanol
SSG-2
6/25/2021
17
Tertiary Butyl
SSG-2
6/25/2021
18
Alcohol
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
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.
6
W WAY/22025-18-065/20240508

Exhibit B to the Notice of Brownfields Property - SURVEY PLAT
Brownfields Project Name: WWAY
Brownfields Project Number: 22025-18-065
615 N. Front Street, Wilmington, N. C.28405
Parcel ID: R04716-006-001-000
City of Wilmington, New Hanover County, North Carolina
Prospective Developer and Owner: 615 N Front Street LLC
Date: Feb. 12, 2024
Sheet 1 of 2
CAPE FEAR COMMUNITY COLLEGE
DB 1117 PG 570
PARCEL R04716-003-001-000
151 HANOVER STREET
CIRCLE MARINA CAR WASH INC.
DB 6204 PG 2561
PARCEL 04716-005-001-000
1 HANOVER STREET
EX F
F FLO BFE 9.0
AE
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.
CAPE FEAR COMMUNITY COLLEGE
DB 2687 PG 393
PARCEL R04716-007-001-000
200 HANOVER STREET
SEAL
L-3391
29 'yD SUR'h.
NUTT STREET
VARIABLE WIDTH PUBLIC RIGHT OF WAY
CERTIFICATE OF ACCURACY AND MAPPING
1, JONATHAN L. WAYNE, CERTIFY THAT THIS MAP WAS DRAWN BY ME FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION; DEED DESCRIPTION IN BOOK NOTED PAGE, NOTED
BOOK NOTED PAGE NOTED ; THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES
AND DEPARTURES IS 1: 20-000 ; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN
AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN BOOKNOTED, PAGE NOTED
THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
WITNESS MY HAND AND SEAL THIS ?? DAY OF ??? A.D., 2024.
Prelimin
JONATHAN L. WAYNE PLS L-33 1 �y
THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT
CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS ??
DAY OF ?? A.D., 2024
Preliminary
JONATHAN L. WAYNE PLS L-3391
X NC GRID
NORTH
83
QJ
FERENCE
cj�o
6 PAGE 1459
LEGEND
PAGE 2791
55
COTE
E.I.P. = EXISTING IRON PIPE
CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
319ORTH
E.I.E1= EXISTING IRON
Z
LJJcr
TED ON MAP
E.C.M. = EXISTING CONCRETE MONUMENT
CITY OF WILMINGTON
CAROLINA COUNTY
O
U',
R\W = RIGHT OF WAY
CONVENTION CENTER
FILED FOR REGISTRATION THIS DAY OF 2024; AT O'CLOCK
m
DB 4912 PG 2600
AND DULY RECORDED IN MAP BOOK PAGE
�
TEMPORARY MONITORING WELL Q
MB 52 PG 352
2
COMPUTED BY COORDINATE METHOD
SOIL BORING ®
PARCEL R04716-001-011-000
2. ALL DISTANCES ARE HORIZONTAL
SUBSLAB SOIL VAPOR PROBE O
10 CONVENTION CENTER DRIVE
BY
w
3. FOR REFERENCE SEE AS NOTED
EXTERIOR SOIL GAS PROBE
Um
4. SURVEYED DEC. 2017 — FEB. 2024
CO —LOCATED TEMPORARY MONITORING WELL AND SOIL BORING
z�
�
5. 1.58 ACRES TOTAL AREA
BROWNFIELDS PROPERTY BOUNDARY
HANOVER DESIGN SERVICE,
0
U
6. NO GRID MONUMENTS FOUND WITHIN 2000' of THIS SURVEY
PUBLIC DRAINAGE EASEMENT
— — — — — — — —
30' 15' 0 30'
LAND SURVEYORS ENGINEERS LAND PLA
7. FLOOD LINES TAKEN FROM FIRM 3720311800L, EFFECTIVE
CENTERLINE
CENTERLINE
R
—
1123 FLORAL PARKWAY
DATE 8/28/2018
EASEMENTS
WILMINGTON, N.C. 28403
8. LAND USE RESTRICTIONS AND CONTAMINANT TABLES TAKEN FROM
— — — — —
COMPUTED PROPERTY LINE
SCALE IN FEET
30
PHONE: [phone]
FAX:
NF0RMAT10N PROVIDED BY OTHERS.
— — — — — — — — — — —
t" = FT
[phone]
-- -----

Exhibit B to the Notice of Brownfields Property -SURVEY PLAT
Brownfields Project Name: WWAY
Brownfields Project Number.' 22025-18-065
615 N. Front Street, Wilmington, N.C.2B405
Parcel ID: R04716-006-001-000
City of Wilmington, New Hanover County, North Carolina
Prospective Developer and Owner: 615 N Front Street LLC
Sheet 2 oft
Exhibit 2
Brownfields Property Name: WWAY
Brownfields Project Number: 22025-18-065
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 L
Standard
(Ng'L)
Arsenic
GWI
6/25/2021
37.6
10
GW-ID
_
6/25/2021
37.1
GW2
6/25/2021
30.7
TW-3
1/24/2018
19
Benz(a)anthracene
TW-I
1/24/2018
0.0555
OAS
TW-5
1/24/2018
0.0695
Benzo a ene
TW-5
1/24/2018
0.0682
0.005
Benzo b fluoranthene
TW-5
1/24/2018
0.0787
0.05
Chromium, Total
GWI
6/25/2021
83.1
10
GW-1D
6/25/2021
82.2
GW2
6/25/2021
39.2
TW-3
1/24/2018
56
2,4 - Dinitro henol
TW-3
1/24/2018
4.24
NSE
Lead
GW-1
6/25/2021
1 15.2
15
I GW-2
6/25/2021
1 16.1
TW-3
1/24/2018_L
39
NSE -No standard established.
WWAY/22025-18-065/20240325
1
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
(February 2024):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding Sc
Level g
m
Residential
Screening
Level'
(mg/kg)
Acenaphthylene
B-8
0-8
11/22/2021
0.030 J
NSE
TW-5-25 1
25-26
1/23/2018
1.03
Arsenic
B-1
8-16
11/22/2021
3.6
0.68
B-2
0-8
11/22/2021
5.5
B-2
8-16
11/22/2021
1.6
B-2
16-20
11/22/2021
4.7
B-3
0-8
11/22/2021
10.9
B-4 1
8-16
11/22/2021
2.1
B-4 1
16-21
11/22/2021
10
B-5
1 16-22
11/22/2021
6.8
B-6
1 0-8
11/22/2021
0.77
B-6
1 16-22
11/22/2021
5.3
B-7
1 0-8
11/23/2021
3.9
B-8
16-23
11/23/201
10
B-9
8-16
11/22/2021
2.3
B-10
0-8
11/23/2021
10.1
HAi-3
3
4/13/2018
14.3
HA2-3
3
4/13/2018
22.0
HA2-6.5
6.5
4/13/2018
14.5
HA3-3
3
4/13/2018
15.1
HA3-5.5
5.5
4/13/2018
21.3
HA4-Surf
Surface
4/13/2018
2.2
HA4-3
3
4/13/2018
49.9
HA5-3
3
4/13/2018
12.6
HA5-7
1 7
4/13/2018
11.3
SB-1-1
1 1-2
1/23/2018
5.18
SB-1-17
1-2
1/23/2018
0.88
SB-3-1
1-2
1/23/2018
6.87
SB-4-1
1-2
1/23/2018
2.84
SB-4-21
21-22
1/23/2018
7.03
SS-1
2
6/25/2021
3.0
2
WWAY/22025-18-065/20240325
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS LAND PLANNERS
1123 FLORAL PARKWAY
WILMINGTON, N.C. 28403
PHONE: [phone]
FAX. [phone]
FIRM CERTIFICATE C-0597
for the purposes ofN.C.G.S. § 130A-310.35
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
Contaminant Tables
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Lev i
m
Residential
Screening
Level'
(mpg)
Arsenic
SS-2
2
6/25/2021 1
2.7
0.68
SS-3
2
6/25/2021
1.5J
SS-4
2
6/25/2021
4.7
SS-5
2
6/25/2021
2.5
SS-6
2
6/25/2021
2.0
SS-7C
0-24
6/25/2021
5.0
SS-8C
0-16 1
6/25/2021
22.6
SS-9C
0-20
6/25/2021
1.8J
SS-9CD
0-20
6/25/2021
1.51
SS-10C
0-20
6/25/2021
5.4
TW-5-1
1-2
1/23/2018
12.1
TW-5-25
25-26
1/23/2018
1 2.08
Benzo(a)anthracene
HA2-3
3
4/13/2018
1.660
1.1
HA2-6.5
6.5
4/13/2018
_
2.420
SB-3-1
1-2
1/23/2018
1.48
Benzo(a)pyrene
B-6
0-8
11/22/2021
0.128 J
0.11
B-8
0-8
11/22/2021
0.153 J
B-9
0-8
11/22/2021
0.111 J
HA2-3
3
4/13/2018
1.490
HA2-6.5
6.5
4/13/2018
2.220
HA3-3
3
4/13/2018
0.796
HA3-5.5
5.5
4/13/2018
0.638
SB-3-1
1-2
1/23/2018
1.15
TW-5-25
25-26
1/23/2018
0.809
Benzo(b)fluoranthene
HA2-3
3
4/13/2018
1.910
1.1
HA2-6.5
6.5
4/13/2018
2.790
HA3-3
3
4/13/2018
1.120
S B-3-1
1-2
1/23/2018
1.19
Benzo(g,h,i)perylene
B-2
1 0-8
11/22/2021
1 32.1 J
NSE
B-6
0-8
11/22/2021
1 0.0716 J
B-7
0-8
11/22/2021
1 0.0785 J
B-8
0-8
11/22/2021
1 0.116 J
B-9
8-16
11/22/2021
0.0918 J
HA2-3
3
4/131201$
0.960
HA2-6.5
6.5
4/13/2018
1.380
HA3-3
3
4/13/2018
0.648
HA3-5.5
5.5
4/13/2018
0.583
SB-1-1
1-2
1/23/2018
0.0835
3
WWAY/22025-18-065/20240325
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m
Residential
Screening
Level'
(mpg)
Benzo h,i a lene
(g' )pry
SB-3-1
1-2
1/23/2018
0.684
NSE
TW-5-25
25-26
1/23/2018
0.652
Cadmium
HA3-3
3
4/13/2018
1.5
1.4
HA3-5.5
5.5
4/13/2018
1.4
HA4-3
3
4/13/2018
5.9
Chromium,
Hexavalent
B-I
0-8
11/22/2021
0.97
0.31
B-1
8-16
11/22/2021N
83
B -1
16-20
11/22/20218
8B-2
0-8
11/22/20214B-2
8-16
11/22/202171B-2
16-20
11/22/202198B-3
0-8
11/22/20212
B-3
8-16
11/22/2021
I
B-3
16-21
11/22/2021
0.91
B-4
0-8
11/22/2021
1 0.6
B-4
8-16
11/22/2021
1 3.4
B-4
16-21
11/22/2021
0.85
B-5
0-8
11/22/2021
0.63
B-5
8-16
11/22/2021
1.7
B-5
16-22
11/22/2021
0.95
B-6
0-8
11/22/2021
0.82
B-6
8-16
11/22/2021
0.64
B-6
16-22
11/22/2021
0.69
B-7
0-8
11/22/2021
1.5
B-7
8-16
11/22/2021
0.86
B-7
16-20
11/22/2021
1.1B-8
0-8
11/22/2021
1.3
B-8
8-16
11/22/2021
1.1
B-8
16-23
11/23/2021
0.88
B-9
0-8
11/22/2021
1.0
B-9
8-16
11/22/2021
0.9
B-9
16-23
11/22/2021
0.92
B-10
0-8
11/23/2021
1.0
B-10
8-16
11/23/2021
0.86
B-10
16-25
11/23/2021
0.98
Indeno(1,2,3-cd)
pyrene
HA2-6.5
6.5
4/13/2018
1.28
1.1
WWAY/22025-18-065/20240325
4
Date
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
g
m
Residential
Screening
Level'
(mg/kg)
p-Isopropyltoluene
SS-1
2
6/25/2021
0.0437
NSE
SS-3
2
6/25/2021
0.0521.1
SS-4
2
6/25/2021
0.0706
Lead
HA1-3
3
4/13/2018
551
200
HA2-3
3
4/13/2018
1,800
HA2-6.5
6.5
4/13/2018
780
HA3-3
3
4/13/2018
2,090
HA3-5.5
5.5
4/13/2018
2,410
HA4-3
3
4/13/2018
395
HA5-7
7
4/13/2018
430
SBI-1
1-2
1/23/2018
296
SB-3-1
1-2
1/23/2018
479
SB-4-21
1 21-22
1/23/2018
235
TW-5-1
1-2
1/23/2018
1,350
SS-3
2
6/5/2021
252
SS-7C
0-24
6/25/2021
828
SS-8C
0-16
6/25/2021
837
B-2
8-16
11/22/2021
240
B-2
16-20
11/22/2021
1 234
Mercury
B-1
16-20
11/22/2021
1 2.7
2.3
SB-3-1
1-2
1/23/2018
1 4.62
SS-7C
0-24
6/25/2021
7.30
Naphthalene
SS-4
2
6/25/2021
2.15
2.1
Phenanthrene
B-4
0-8
11/22/2021
0,0852 J
NSE
B-6
0-8
11/22/2021
0.0648 J
B-7
0-8
11/22/2021
0.138 J
B-8
0-8
1 11/22/2021
0.357
B-9
8-16
11/22/2021
1 0.0889 J
HA2-3
3
4/13/2018
1 1.14
HA2-6.5
6.5
4/13/2018
2.17
HA3-3
3
4/13/20;8
0.671
HA4-3
3
4/13/2018
0,952
HA5-3
3
4/13/2018
0.433
HA5-7
7
4/13/2018
0.607
SB-1-1
1-2
1/23/2018
0.425
SB-3-1
1-2
1 /23/2018
1.37
IS levels displayea Tor non -carcinogens are ror a nazara quoucm cquai w v.c. ocwciunr, ivvcis
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE - No screening level established.
5
WWAY/22025-18-065/20240325
J - estimated value between the method detection limit and the laboratory reporting limit
C identifies a composite sample.
Note that there are two sample series with the same SS- prefix; the first set was collected in 2004
and reported by SEI Engineering and Geological Services, PC (2004), and the second set were
collected in 2021 by Geosyntec (2021). The soil samples collected on May 20, 2004, as
described in SEI Engineering and Geological Services, P.C. 2004 report are excluded from these
data tables as the location of these samples cannot be identified for the Brownfields Survey plat.
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 (February 2024):
Concentration
Residential
Exterior Soil Gas
Sample
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level'
Level m3
ml)
SG-2
6/25/2021
86
SG-3
6/25/2021
700
n-Butane
SG-3D
6/25/2021
760
SSG-1
6/25/2021
60
NSE
Ethanol
SSG-2
6/25/2021
17
Tertiary Butyl
SSG-2
6/25/2021
18
Alcohol
'Screening levels displayed for non-carcmogens are fora nazara quotient equal to v.z. 6creening ieveis
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE - No screening level established.
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/mi 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.
WWAY/22025-18-065/20240325
6
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that
identifies any restrictions on the current and future use of a Brownfields Property that are
necessary or useful to maintain the level of protection appropriate for the designated current or
future use of the property and that are designated in a Brownfields Agreement pertaining to the
property. This survey plat constitutes one of three exhibits to the Notice pertaining to the
Brownfields Property depicted on this plat and recorded at the New Hanover County Register of
Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject
property, which is attached as Exhibit A to the Notice; a reduced version of this survey plat,
which is attached as Exhibit B to the Notice•, and a legal description for the subject property,
which is attached as Exhibit C to the Notice. The land use restrictions below have been excerpted
verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are
the same as those used in the Brownfields Agreement. The following Land Use Restrictions are
hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless
canceled by the Secretary of the North Carolina Department of Environmental Quality (or its
successor in function), or his/her designee, after the hazards have been eliminated, pursuant to
NCGS § 130A-310.35(e):
Land Uses
a. No use may be made of the Brownfields Property other than for high -density residential, hotel,
retail, office, associated parking, and subject to DEQ's prior written approval, other commercial
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 Residential" is defined as permanent dwellings where residential units
are attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages. Single family homes, townhomes, duplexes
or other units with yards are prohibited.
ii. "Hotel" is defined as the provision of overnight lodging to paying customers, and
associated food services, gym, reservation, cleaning, utilities, parking and on -site hospitality,
management and reception services.
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. "Office" is defined as a place where business or professional services are provided.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee, with the exception of educational space and childcare facilities.
b. 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 residential use unless the work described in
subparagraphs 12.g., 12.h., and 12.i. below have been conducted to DEQ's written satisfaction.
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 structures, as applicable;
ii. issues related to known or potential sources of contamination, including without
limitation those resulting from contamination identified in paragraph 3 above, and Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered or newly accessible potential sources of environmental
contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. plans for the proper characterization of, and, as necessary, disposal of building
materials or contaminated soils excavated during redevelopment.
Redevelopment Summary Renort
e. Within 90 days after each one-year anniversary of the effective date of this Agreement for as
long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: Work to be
Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis
and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be
contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
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.
Soil
g. No use may be made of the Brownfields Property as denoted on the plat component of the
Notice of Brownfields Property, referenced in paragraph 16 below, unless measures to remove
and properly dispose of soil within the depth of disturbance of said redevelopment that contains
contaminants in concentrations in excess of industrial screening levels are completed to DEQ's
written satisfaction.
h. No residential use may be made of the Brownfields Property as denoted on the plat component
of the Notice of Brownfields Property, referenced in paragraph 16 below, unless the work
required in subparagraph 12.g. above has been completed, and direct exposure of soil containing
contaminants in excess of residential screening levels is mitigated in accordance with a DEQ-
approved remedial action plan and is completed to DEQ's written satisfaction. Such a work plan
may include excavation and proper disposal of soil, and the installation of an underlying
geotextile material and a cap consisting of a minimum of two (2) feet of compacted,
demonstrably clean fill (as demonstrated through pre -installation sampling and geotechnical
testing) or another cover approved in writing in advance by DEQ, is installed to DEQ's written
satisfaction, such that DEQ concludes in writing that the Brownfields Property is suitable for the
uses specified in subparagraph 12.a. above and that public health and the environment are fully
protected, and shall be maintained, and left undisturbed other than through normal use.
i. When soil at the Brownfields Property is capped, a written report verifying cap installation,
compaction and final grade thickness and elevations, and summarizing any sampling or
geotechnical testing of the cap or cap materials in areas that will not be covered by buildings or
other impermeable surfaces prior to the Brownfields Property reuse, as well as a plan for the
cap's inspection and maintenance, shall be submitted to DEQ no later than 30 days following
installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's
Land Use Restrictions
written satisfaction within 30 days after DEQ provides written notice of such deficiencies. The
then owner shall maintain said cap and cover as defined in subparagraph 121. above, per said
plan to DEQ's written satisfaction.
j. 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 in clean fill material to depths not exceeding 24
inches;
ii. mowing and priming 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.
k. No residential 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.
1. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined in subparagraph 12.d.
in. The Brownfields Property may not be used as a playground, or for child care centers or
schools, except in areas where sampling has shown that clean soils are present, or two feet of
demonstrably clean fill, or another cover approved in writing in advance by DEQ, are installed to
DEQ's written satisfaction, delineated to DEQ's written satisfaction on the plat component of the
Notice referenced below in paragraph 16, maintained, and left undisturbed other than through
normal playground, child care center or school use.
n. 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.
o. The Brownfields Property may not be used for dog runs, kennels, private animal pens, or
horse -riding unless approved in writing in advance by DEQ.
p. Any landscaping shall not disturb native soil at the Brownfields Property, and any gardens for
the purpose of growing vegetables, flowers, or other crops shall be constructed in raised beds and
not disturb native soil at the Brownfields Property, unless compliance with this land use
restriction is waived in writing in advance by DEQ.
Vapor Intrusion
q. 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 system has been designed so as to be fully protective of public
health within the meaning of NCGS § 130A-310.32(a)(2), 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
r. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
Damage to Wells
s. 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 DEO'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
t. 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 New Hanover County land records,
Book , Page ." A copy of any such instrument shall be sent to the persons
listed in Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every lease and rider is identical in form, the owner conveying an interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of
sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and
Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
u. 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 or materials customarily used and stored in high -density
residential, hotel, retail, office, associated parking, and subject to DEQ's prior written approval,
other commercial environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws.
Land Use Restriction Update
v. During January of each year after the year in which the Notice referenced below in paragraph
16 is recorded, the owner of any part of the Brownfields Property as of January 1 st of that year
shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief
public health and environmental officials of New Hanover County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the New Hanover County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address, telephone number,
and contact person's e-mail address of the owner, or board, association or approved entity,
submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is
submitted, acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e-mail
address, if said owner, or each of the owners on whose behalf a joint LURU is submitted,
transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any soil cover or cap (hardscape materials, clean soil, stone) installed
pursuant to subparagraph 12.h. above are intact, uncompromised, and whether there has been any
erosion of the cover or cap, or other condition of the cover or cap that required or requires repair
pursuant to subparagraph 12.i. to prevent exposure to soil beneath the cover or cap;
iv. whether any or vapor intrusion mitigation systems installed pursuant to subparagraph
12.q. 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/methane mitigation systems have changed, and, if so, how, and under which
precautions so as not to interfere with the operation of said system;
v. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and shall include the name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address of the entity submitting the joint LURU as well as for each of the
owners on whose behalf the joint LURU is submitted;
vi. A LURU submitted for rental units shall include enough of each lease entered into
during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases; and
vii. A property owners' association or other entity may perform this LURU's duties, on
behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers,
and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
�N CARPZZ
SEAL
L-3391
SURlt.
Preliminary
JONATHAN L. WAYNE PLS L-3391

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING at the point of intersection of the Western line of Front Street with the Southern line of
Hanover Street as shown by the Map of New Alignment and Right-of-way of North Front Street recorded
in Map Book 8, Page 60 in the New Hanover County Registry. Running thence from said Beginning with
the Western line of Front Street, South 06°15'03" East 359.67 feet to a point; thence leaving said right of
way and with the northern lines of the Cape Fear Community College property South 06°16'57" West
36.88 feet to a point; thence South 06°15'03" East 40.07 feet to a point; thence South 74°07'57" West
32.90 feet to a point; thence North 06°44'03" West 29.10 feet to a point; thence South 75°48'57" West
66.00 feet to a point; thence North 56°44'47" West 78.99 feet to a point in the Eastern line of Nutt
Street; thence with said Eastern line of Nutt Street North 06°15'03" West 371.0 feet to the Southern line
of Hanover Street; thence with said Southern line of Hanover Street North 83°44'57" East 167.00 feet to
the point of BEGINNING, containing 68,731 square feet or 1.58 acres.
THIS property shall be conveyed subject to any and all easements or right-of-way as provided in the
Redevelopment Plan, as amended.
WWAY/22025-18-065/20240508