23022_Chapel Hill Police_PC Pkg_20240619

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Chapel Hill Police Property
Brownfields Project Number: 23022-19-068
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 July 1, 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
Chapel Hill Police Property/23022-19-068/14Jun2024

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Chapel Hill Police Property
Brownfields Project Number: 23022-19-068
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, the Town of
Chapel Hill, 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 828 Martin Luther King Jr
Boulevard, Chapel Hill, Orange County, North Carolina. The Brownfields Property, which is the current site of the Chapel
Hill Police Station, consists of approximately 10.24 acres. Environmental contamination exists on the Brownfields Property
in groundwater, soil, exterior soil gas, and surface water, and in structural fill containing coal combustion product. The
Town of Chapel Hill has committed itself to redevelop the Brownfields Property for no uses other than for a municipal
service center, office, retail, recreational, associated parking, and transit uses, and with prior written approval from DEQ,
other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and the Town of Chapel Hill, which in turn includes (a) a map showing the location of the
Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above -
stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and remediation;
and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Chapel Hill Public Library, 100
Library Drive, Chapel Hill, NC 27514 by contacting Sarah Wagner at [phone] ext. 2022, at
[e-mail], or at the General Circulation Desk; or at the offices of the N.C. Brownfields
Redevelopment Section, 217 West Jones Street, Raleigh, NC by contacting Shirley Liggins at that address, at
shirley.ligginskdeq.nc.gov, or at [phone]. The full Notice of Intent to Redevelop a Brownfields Property may be
reviewed online at the DEQ public record database, Laserfiche, by entering the project number 23022-19-068 into the search
bar at the following web address: hops: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 July 1, 2024, and will end no sooner than the later o£ 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
Chapel Hill Police Property/23022-19-068/19Jun2024

Property Owner: Town of Chapel Hill
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Chapel Hill Police Property
Brownfields Project Number: 23022-19-068
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20_ by the
Town of Chapel Hill ("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 828 Martin Luther King Jr Boulevard, Chapel
Hill, Orange County. It is comprised of one approximate 10.24-acre parcel. The current land
use is as the Chapel Hill Police Station with associated parking on the higher elevation of the
Brownfields Property, and the Bolin Creek Greenway Trail with Bolin Creek forming the
Chapel Hill Police Property/23022-19-068/14Jun2024

southern boundary of the Brownfields property on the lower elevation. The Brownfields Property
was originally operated as a borrow pit in the 1950s to early 1960s. Reportedly, the pit was
filled by the individual owner/operator of the borrow site from the mid- 1960s through the mid-
1970s with fill material including construction and demolition debris (concrete, wood, metals),
and fill soil with coal combustion products (CCPs) as structural fill. The Town of Chapel Hill
purchased the Brownfields Property in 1980 and constructed the existing police station facility
shortly thereafter.
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 13 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 a municipal service
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center, office, retail, recreational, associated parking, and transit uses, and with prior written
approval from DEQ, 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. "Municipal Service Center" is defined as a place where the local government
houses various town services, including, but not limited to, security and emergency services such
as police station and related services.
ii. "Office" is defined as a place where business or professional services are
provided.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, open air
markets, festivals, food halls, and the sales of food and beverage products, including from mobile
establishments such as food trucks.
iv. "Recreational" is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, amphitheater, structured covering, open space, greenways,
parks, playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks,
and marinas.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same.
vi. "Transit" is defined as any use for a public transportation system and network
(including pedestrian and bicycle trails and facilities) and the facilities incident or necessary for
the safe, convenient, effective, and efficient construction, operation, maintenance, repair, and
replacement of such system, including platforms, shelters, waiting areas, walkways, offices,
vendor kiosks, and other such transportation -related improvements.
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee, with the exception of educational space and childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or
schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior written
approval of DEQ.
d. No disturbance of soil, excavation, or utility line installation, may occur in the area
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denoted on the plat component of the Notice of Brownfields Property referenced in paragraph 17
below as "Excavation/Construction Exclusion Area" until such time that: 1) the remedy design
and implementation work to be performed referenced in paragraph 11 above has been completed
to DEQ's written satisfaction; or 2) that impacted material is removed/remediated or otherwise
shown to DEQ's advance written satisfaction to be suitable for waiving of said enclosed
structure/excavation/construction exclusion by way of alternative measures such as monitoring,
engineering controls, and/or delineation. For purposes of this restriction, parking with open air
ventilation is not considered an enclosed structure. Any source removal,
monitoring, engineering controls, or delineation shall occur in accordance with a DEQ
Brownfields approved work plan or DEQ Brownfields approved Environmental Management
Plan required by subparagraph 13.e. below.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than in
accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of
soil, CCPs, and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. plans for the proper characterization and DEQ approval of both fill soil before
import to the Brownfields Property and the proper disposition and handling of any soil, CCPs, or
mixed soil and CCPs excavated from the Brownfields Property during redevelopment; and
v. stormwater run-on and run-off controls pursuant to applicable local and State
permitting requirements.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that the
final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner
of the Brownfields Property shall provide DEQ a report on environment -related activities since
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the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater, or other materials suspected or
confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on
the Brownfields Property depicted on the plat component of the Notice referenced in paragraph
17 below shall be in accordance with applicable legal requirements, including without limitation
those related to lead and asbestos abatement that are administered by the Health Hazards
Control Unit within the Division of Public Health of the North Carolina Department of Health
and Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the
Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while
fully protecting public health and the environment, except for the periodic monitoring of
groundwater in downgradient wells MW-3A, MW-4A, and MW-6 before and after the
installation of the final remedy for the structural fill in accordance with a written plan and
schedule prepared to DEQ's prior written satisfaction. 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 13.e., or a plan approved in writing in advance
by DEQ.
i. Groundwater at the Brownfields Property may not be used for any purpose, other than
in connection with legally compliant storm water collection and reuse techniques, without the
prior written approval of DEQ.
Soil
J. No activity that disturbs soil, CCPs, or mixed soil and CCPs on the Brownfields
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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 13.a.
above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 18 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 13.e.
k. No use other than the on -property uses of the Brownfields Property as of the effective
date of this Agreement 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, approved engineered cap or
approved engineered earth retention system (e.g., retaining wall) as specified in paragraph 11
above, or asphaltic or concrete parking areas and driveways of the Brownfields Property as
delineated on the plat component of the Notice of Brownfields Property referenced in paragraph
17 of this Agreement.
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 13.e.
m. The Brownfields Property may not be used for community garden purposes unless
said garden is constructed entirely within raised beds so as not to disturb the engineered cap,
CCPs, or CCP-impacted soil, unless compliance with this land use restriction is waived in
writing in advance by DEQ.
n. No new building may be constructed nor occupied on the Brownfields Property,
without the prior written approval of DEQ, except in areas where an underlying geotextile
material and an engineered cap consisting of a minimum of two feet of compacted, demonstrably
clean fill (as demonstrated through pre -installation sampling and geotechnical testing), and an
engineered earth retention system in accordance with the DEQ-approved design plans referenced
in paragraph 11 and subparagraph 13.d. above, 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 13.a. above and that
public health and the environment are fully protected, and that said engineered cap and
engineered earth retention system shall be monitored, maintained, and left undisturbed other than
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through normal use.
o. When structural fill, including CCP and CCP-impacted soil, at the Brownfields
Property is capped and contained behind an earth retention system as specified in paragraph 11
above, a written report as described in subparagraph I Lb. above verifying the installation of the
engineered cap and engineered earth retention system, confirming the compaction and final
grade thickness and elevations, and summarizing any sampling or geotechnical testing of the
engineered cap, cap materials, and/or earth retention system in areas that will not be covered by
buildings or other impermeable surfaces prior to the Brownfields Property reuse shall be
submitted to DEQ no later than 30 days following installation. The report shall also contain a
plan for the inspection and maintenance of the remedy components. 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.
Property Access
p. 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.
Abandonment of Monitoring Wells
q. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, whichever occurs first, Prospective Developer shall abandon all monitoring wells,
injection wells, recovery wells, piezometers and other man-made points of groundwater access at
the Brownfields Property, except those wells required for monitoring purposes as noted in
subparagraph 13.h. above and as identified as downgradient monitoring wells MW-3A, MW-4A,
and MW-6 in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative
Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the
Prospective Developer shall provide DEQ a report, setting forth the procedures and results.
Damage to Wells
r. Except for the work related to subparagraph 13.q. above, the owner of any portion of
the Brownfields Property where any existing, or subsequently installed, DEQ-approved
monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall be
responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notifications upon Transfer
s. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement attached as
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Exhibit A to the Notice of Brownfields Property recorded in the Orange 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
t. 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 products and materials customarily used and stored in
municipal service center, office, retail, recreational, associated parking, transit, and with prior
written approval from DEQ, other commercial use environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons.
Other Prohibited Uses
u. The Brownfields Property may not be used for ground -contact sports of any kind,
including, but not limited to, golf, football, soccer, and baseball unless such ground -contact
sports are solely conducted in areas that have been addressed to DEQ's prior written satisfaction
in accordance with the remedy described in paragraph 11.
v. The Brownfields Property may not be used for kennels, dog parks, private animal pens
or horse -riding unless approved in writing in advance by DEQ.
w. The Brownfields Property may not be used for agriculture or grazing, without the prior
written approval of DEQ.
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Land Use Restriction Update
x. During January of each year after the year in which the Notice referenced below in
paragraph 17 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 Orange County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Orange 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. the data acquired from periodic monitoring of downgradient wells MW-3A,
MW-4A, and MW-6 referenced in subparagraph 13.h. above for a period of time before and
following the completion of the final remedy that is consistent with a groundwater monitoring
work plan, including a schedule, that has been prepared to DEQ's written satisfaction;
iv. whether any engineered soil caps and retaining walls installed pursuant to
subparagraph 13.n. above are being maintained such that they are intact, uncompromised, in
good condition, and continuing to serve as barriers to the CCPs, and impacted soil contamination
in relation to which they were installed; and
v. A LURU submitted for rental units shall include enough of each lease entered
into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 18 and 19 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.
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 32.a. of
Exhibit A hereto, at the address stated therein.
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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.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
Lo
NORTH CAROLINA
COUNTY
Town of Chapel Hill
Christopher C. Blue
Town Manager
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Town of Chapel Hill
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 23022-19-068
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
Chapel Hill Police Property
828 Martin Luther King Jr Blvd
Chapel Hill, Orange County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and the Town of Chapel Hill (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 828 Martin Luther King Jr. Boulevard, Chapel Hill,
Orange 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 the Town of Chapel Hill, the offices of which are located at
405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514. The Town is led by its Mayor and
an eight -member town council. The Town Manager is Christopher C. Blue.
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 the Town of Chapel Hill for contaminants at the Brownfields Property.
The Parties agree that the Town of Chapel Hill's entry into this Agreement, and the
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actions undertaken by the Town of Chapel Hill in accordance with the Agreement, do not
constitute an admission of any liability by the Town of Chapel Hill for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit the
Town of Chapel Hill 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 the Town of Chapel Hill.
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
Parcel ID 9789413949, 828 Martin Luther King Jr. Blvd,
IDs
Chapel Hill, NC
Acreage
10.24 acres
Current Property Owner
The Town of Chapel Hill
Current Land Use(s)
Police station, parking, and recreational greenway trail along
Bolin Creek
Mixed commercial, including shopping plaza, gasoline station
Site Vicinity Land Use(s)
and automotive service, and multi -family residential
a artments.
Proposed Reuses
Municipal service center, office, retail, recreational,
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
associated parking, and transit uses, and with prior written
approval from DE , other commercial uses
Redesigned municipal service center, and additional office,
Public Benefits of Reuse
retail, and recreational opportunities, and implementation of
the final remedy for the coal ash structural fill underlying the
Brownfields Property.
Existing Land Use
None recorded although access to the steep embankment is
Restrictions Prior to
limited by town ordinance and fencing on the Bolin Creek
Brownfields Agreement
side to protect trail users from exposure to coal ash materials.
ENVIRONMENTAL INFORMATION SUMMARY
The Brownfields Property was originally a borrow pit in the
1950s to early 1960s. Reportedly, the pit was filled by the
individual owner/operator of the borrow site from the mid -
Historical Operations &
1960s through the mid-1970s with fill material including
Contaminant Sources
construction and demolition debris (concrete, wood, metals),
and fill soil with coal combustion products (CCPs) as structural
fill. The Town of Chapel Hill purchased the Brownfields
Property in 1980 and constructed the existing police station
facility shortly thereafter.
Current Operations/Activities
Existing police station, associated parking, and recreational
use along Bolin Creek Trail.
Soil: Compounds in soil, including drainage pathways, that
exceed their Preliminary Industrial/Commercial Health -based
Soil Remediation Goals (PSRGs) are limited to arsenic.
Thallium was detected in one soil sample in off -site
background well MW-5 soil at its Industrial/Commercial
PSRG. The compound p-isopropyltoluene was detected
above the method detection limit, but below the laboratory
reporting limit; however, this compound does not have an
established PSRG.
Contaminated Media
CCPs: This includes both samples of coal combustion
product (CCPs) and soil mixed with CCPs. Only two metals
exceed their respective Industrial/Commercial PSRGs in CCP
and mixed soil and CCP samples, which are arsenic and
mercury. Certain CCP samples were subjected to Synthetic
Precipitation Leaching Procedure (SPLP). Results indicate
that several metal compounds were detected in the resulting
leachate in excess of their respective NC 2L Groundwater
Standard. These metals are: antimony, arsenic, barium,
cobalt, lead, manganese, selenium, strontium, and vanadium.
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ENVIRONMENTAL INFORMATION SUMMARY
Groundwater: Compounds detected in excess of their NC 2L
Groundwater Standards are primarily metals, including
antimony, arsenic, barium, beryllium, chromium (total),
cobalt, copper, iron, lead, manganese, mercury, selenium,
strontium, sulfate (non-metal), thallium, vanadium, and zinc.
Detected compounds for which no NC 2L Groundwater
Standard has been established include: aluminum, hexavalent
chromium, lithium, and molybdenum. The metals antimony
and thallium have been detected in excess of their respective
NC 2L Groundwater Standard, but were not detected above
laboratory reporting limits in the recent groundwater
sampling event completed in August 2022. Groundwater
samples collected from within the CCP fill contains
significantly higher metals concentrations than groundwater
samples collected from non -fill zones beneath and
downgradient of the CCP fill.
Sub -Slab Vapor: No volatile organic compounds (VOCs), nor
mercury, were detected at concentrations that exceeded their
respective Non -Residential Vapor Intrusion Screening Level
(VISL) in sub -slab vapor samples collected in the existing
police station building.
Exterior Soil Gas: No VOCs were found to exceed their
respective Non -Residential VISL in exterior soil gas samples.
The compounds 4-ethyltoluene, and trichlorofluoromethane
were detected, but there are no established VISLs for these
compounds.
Indoor Air: Radon sampling in indoor air in the existing
police station building did not indicate an exceedance of the
EPA action level for radon of 4 picocuries per liter (piC/L).
Surface Water/Sediment: Compounds detected in surface
water and sediment of Bolin Creek adjacent to the
Brownfields Property boundary did not exceed the NC 2B
Surface Water Standards nor the Industrial/Commercial
PSRGs for stream sediment except for one detection of
manganese in a sample of surface water obtained in 2013.
Manganese in this sample was detected at 100 ug/L in excess
of the EPA National Recommended Water Quality Criteria
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ENVIRONMENTAL INFORMATION SUMMARY
for Aquatic Life and Human Health. There is no NC 2B
Standard for manganese; however, it is recognized that NC
has a high natural occurrence of manganese in NC surface
water.
ID Numbers/Permits
None known
Onsite Receptors Considered
On -site workers, recreational users, visitors, trespassers
i. Water supply wells: one water supply well is located about
500 feet north and upgradient of the Brownfields Property at
5 Mt. Bolus Rd; however, this address is connected to the
public water supply and the owner has informed the Town
Potential Offsite Receptors
that it is used for irrigation purposes only.
Considered
ii. Residential structures, churches, or childcare centers:
residential buildings are located to the west, north, and east of
the Brownfields Property.
iii. Surface water: Bolin Creek forms the southern property
boundary of the Brownfields Property.
Groundwater: Impacted groundwater within the CCP
structural fill does not appear to have affected the unconfined
aquifer screened in bedrock below the structural fill.
Groundwater downgradient of the CCP structural fill has been
impacted, but those concentrations are less than
concentrations within the CCP structural fill.
Potential base flow discharge into Bolin Creek does not
Potential offsite migration
appear to impact the creek as elevated contaminant levels are
pathways
not observed in surface water samples above their respective
NC 2B surface water standards nor in sediment samples in
excess of their respective PSRGs collected within the creek
along the Brownfields Property boundary. Based on the
results of groundwater and surface water assessments,
impacted groundwater is not expected to migrate offsite.
Soil Vapor: Compounds detected in onsite soil vapor samples
do not exceed established nonresidential VISLs and are not
expected to migrate offsite.
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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
Author
Date
Phase I & Limited Phase II
Environmental Site Assessment, Chapel
Falcon Engineering, Inc.
October 17, 2013
Hill Police Department Property
Environmental Site Characterization
Falcon Engineering, Inc.
May 2, 2014
Report, 828 Martin Luther Kin Jr. Blvd
Coal Combustion Products (CCP) Limits
Falcon Engineering, Inc.
May 27, 2014
Exhibit
Updated Information Request, 828
Falcon Engineering, Inc.
September 2, 2014
Martin Luther King Jr Blvd
Letter, Chapel Hill Police Department
NC Department of
Property
Environment & Natural
September 19, 2014
Resources
Responses to NC DENR September 19,
2014 Letter, 828 Martin Luther King Jr.
Falcon Engineering, Inc.
October 3, 2014
Blvd
Phase I Remedial Investigation Work
November 10, 2014,
Plan, Chapel Hill Police Department
Falcon Engineering, Inc.
Revised December 17,
Propertv
2014
Environmental Site Characterization,
Falcon Engineering, Inc.
June 18, 2015
Chapel Hill Police Department Property
Environmental Site Characterization,
Falcon Engineering, Inc.
March 11, 2014,
Chapel Hill Police Department Property
Revised June 24, 2015
Environmental Site Characterization,
Falcon Engineering, Inc.
August 18, 2015
Chapel Hill Police Department Property
Email, NC DENR transmitting SELC
Southern Environmental
September 10, 2015
letter
Law Center
Letter, Chapel Hill Police Department
NC Department of
October 23, 2015
Property
Environmental Quality
Letter, Chapel Hill Police Department
NC Department of
February 11, 2016
Property
Environmental Quality
Environmental Site Characterization,
Falcon Engineering, Inc.
March 11, 2014,
Chapel Hill Police Department Property
Revised April 1, 2016
Letter, Police Department Property
Hart & Hickman, PC
Aril 21, 2016
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Title
Author
Date
Letter, Chapel Hill Police Department
NC Department of
May 2, 2016
Property
Environmental Quality
Letter, NC Department of Environment
Southern Environmental
May 3, 2016
& Natural Resources
Law Center
Phase II Remedial Investigation Work
Hart & Hickman, PC
July 28, 2016
Plan
Letter, NC Department of Environment
Southern Environmental
August 19, 2016
and Natural Resources
Law Center
Phase II Remedial Investigation Work
Hart & Hickman, PC
September 15, 2016
Plan, Rev. 1
Phase II Remedial Investigation Report
Hart & Hickman, PC
January 26, 2017
SELC Comments, Phase II Remedial
Southern Environmental
March 13, 2017
Investigation Report
Law Center
Response to SELC Comments, Phase II
Hart & Hickman, PC
April 6, 2017
Remedial Investigation Report
Letter, NC Department of Environment
Southern Environmental
May 9, 2017
and Natural Resources
Law Center
Phase II Remedial Investigation Report,
Hart & Hickman, PC
May 11, 2017
Rev. 1
Phase II Remedial Investigation Report,
Hart & Hickman, PC
August 25, 2017
Rev. 2
Executive Summary, Remedial
Investigation, Coal Combustion Products
Hart & Hickman, PC
September 8, 2017
Fill Area
Remedial Alternatives Evaluation, 828
Hart & Hickman, PC
August 20, 2018
Martin Luther King Jr Blvd Property
Results of Data Gap Sampling, 828
Hart & Hickman, PC
May 23, 2019
Martin Luther King Jr. Blvd Property
Results of Post -Data Gap Assessment,
828 Martin Luther King Jr. Blvd.
Hart & Hickman, PC
December 1, 2020
Property
Interim Remedial Measures Report, 828
Hart & Hickman, PC
April 19, 2021
Martin Luther King Jr. Blvd. Property
Human Health and Ecological Risk
Assessment Report, 828 Martin Luther
SynTerra Corporation
May 6, 2021
King Jr. Blvd Property
Risk Assessment Report, 828 Martin
Hart & Hickman, PC
October 7, 2021
Luther King Jr. Blvd Property
Brownfields Assessment Report
Hart & Hickman, PC
December 13, 2022
Interim Remedial Measures Maintenance
Hart & Hickman, PC
June 5, 2024
Report, Chapel Hill Police Property
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IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated April 16, 2019, and the
following:
a. On October 17, 1980, Prospective Developer acquired the Brownfields
Property from the prior owner, Richard Sparrow, and subsequently constructed the existing
Chapel Hill Police Station on the subject property; and
b. In 2020, Prospective Developer conducted interim remedial measures along a
portion of the Bolin Creek Trail located in the southern area of the Brownfields Property in
accordance with the DEQ-approved Environmental Management Plan (EMP) dated October 21,
2019. These activities included excavation and off -site disposal of soil and exposed CCPs that
had been transported by erosion alongside the Bolin Creek Trail, stabilization and cover of
erosionally exposed CCPs along the embankment between the upper and lower portions of the
Brownfields Property, and temporary measures to address stormwater and erosion control in the
area of the embankment.
c. In 2024, Prospective Developer conducted interim remedial measures
maintenance activities including repairs to the storm diversion channel, limited excavation of soil
and CCP along the base of the embankment and placement of this material behind silt fence
areas, installation of additional silt fencing, hydroseeding, and post excavation soil sampling.
6. Prospective Developer has provided DEQ with information, or sworn certifications
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regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. 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
$12,000 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
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agreement required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of hundreds of temporary construction jobs and approximately 50
or more permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. an upgraded municipal service center, and additional office, retail, recreational,
parking, and transit space, and with prior written approval from DEQ, other commercial space
for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
g. "smart growth" through use of land in an already developed infill area, which
avoids sprawl development of "greenfields" land beyond the urban fringe.
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VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Prior to redevelopment of the Brownfields Property, Prospective Developer shall
design a remedy for the CCP structural fill material, e.g., an engineered cap in accordance with
subparagraph 13.n. below and an engineered earth retention system (such as a slope -stabilizing
retaining wall), that meets the goals of site stabilization and eliminating completed exposure
pathways to DEQ's prior written satisfaction. Such a remedy shall be implemented prior to or in
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conjunction with redevelopment of the Brownfields Property and shall be:
a. designed by a professional engineer licensed in North Carolina, and as
evidenced by said engineer's professional seal, said engineer is satisfied that the design is fully
protective of public health, and shall include a performance monitoring and maintenance plan
detailing methodologies and schedule, both of which are subject to prior written DEQ approval;
and
b. installed in accordance with the design noted in subparagraph 1 La. above with
said engineer's oversight, 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 remedy was installed per the
DEQ-approved design. If any deviations from the remedy design were necessary during
installation, then the report shall include details on said deviations, as well as the engineer's seal
certifying the remedy, as installed, was installed in such a manner so as to be fully protective of
public health.
12. 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 that described in paragraph 1 1 above and remediation that may
be inherent to a DEQ-approved Environmental Management Plan (EMP) as specified in
subparagraph 13.e. below.
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VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for a municipal
service center, office, retail, recreational, associated parking, and transit uses, and with prior
written approval from DEQ, 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. "Municipal Service Center" is defined as a place where the local
government houses various town services, including, but not limited to, security and emergency
services such as police station and related services.
provided.
ii. "Office" is defined as a place where business or professional services are
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. "Recreational" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
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same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, amphitheater, structured covering, open space, greenways,
parks, playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks,
and marinas.
v. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Transit" is defined as any use for a public transportation system and
network (including pedestrian and bicycle trails and facilities) and the facilities incident or
necessary for the safe, convenient, effective, and efficient construction, operation, maintenance,
repair, and replacement of such system, including platforms, shelters, waiting areas, walkways,
offices, vendor kiosks, and other such transportation -related improvements.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ.
d. No disturbance of soil, excavation, or utility line installation, may occur in the
area denoted on the plat component of the Notice of Brownfields Property referenced in
paragraph 17 below as "Excavation/Construction Exclusion Area" until such time that: 1) the
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remedy design and implementation work to be performed referenced in paragraph 11 above has
been completed to DEQ's written satisfaction; or 2) that impacted material is
removed/remediated or otherwise shown to DEQ's advance written satisfaction to be suitable for
waiving of said enclosed structure/excavation/construction exclusion by way of alternative
measures such as monitoring, engineering controls, and/or delineation. For purposes of this
restriction, parking with open air ventilation is not considered an enclosed structure. Any source
removal, monitoring, engineering controls, or delineation shall occur in accordance with a DEQ
Brownfields approved work plan or DEQ Brownfields approved Environmental Management
Plan required by subparagraph 13.e. below.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
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testing of soil, CCPs, and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the proper disposition and handling of any soil,
CCPs, or mixed soil and CCPs excavated from the Brownfields Property during redevelopment;
and
v. stormwater run-on and run-off controls pursuant to applicable local and
State permitting requirements.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report on environment -related activities
since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
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suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 17 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a.
above while fully protecting public health and the environment, except for the periodic
monitoring of groundwater in downgradient wells MW-3A, MW-4A, and MW-6 before and after
the installation of the final remedy for the structural fill in accordance with a written plan and
schedule prepared to DEQ's prior written satisfaction. 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 13.e., or a plan approved in writing in advance
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by DEQ.
i. Groundwater at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
Soil
j. No activity that disturbs soil, CCPs, or mixed soil and CCPs 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 13.a.
above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 18 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 13.e.
k. No use other than the on -property uses of the Brownfields Property as of the
effective date of this Agreement 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, approved engineered
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cap or approved engineered earth retention system (e.g., retaining wall) as specified in paragraph
11 above, or asphaltic or concrete parking areas and driveways of the Brownfields Property as
delineated on the plat component of the Notice of Brownfields Property referenced in paragraph
17 of this Agreement.
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 13.e.
in. The Brownfields Property may not be used for community garden purposes
unless said garden is constructed entirely within raised beds so as not to disturb the engineered
cap, CCPs, or CCP-impacted soil, unless compliance with this land use restriction is waived in
writing in advance by DEQ.
n. No new building may be constructed nor occupied on the Brownfields
Property, without the prior written approval of DEQ, except in areas where an underlying
geotextile material and an engineered cap consisting of a minimum of two feet of compacted,
demonstrably clean fill (as demonstrated through pre -installation sampling and geotechnical
testing), and an engineered earth retention system in accordance with the DEQ-approved design
plans referenced in paragraph 11 and subparagraph 13.d. above, 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 13.a.
above and that public health and the environment are fully protected, and that said engineered
cap and engineered earth retention system shall be monitored, maintained, and left undisturbed
other than through normal use.
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o. When structural fill, including CCP and CCP-impacted soil, at the Brownfields
Property is capped and contained behind an earth retention system as specified in paragraph 11
above, a written report as described in subparagraph l Lb. above verifying the installation of the
engineered cap and engineered earth retention system, confirming the compaction and final
grade thickness and elevations, and summarizing any sampling or geotechnical testing of the
engineered cap, cap materials, and/or earth retention system in areas that will not be covered by
buildings or other impermeable surfaces prior to the Brownfields Property reuse shall be
submitted to DEQ no later than 30 days following installation. The report shall also contain a
plan for the inspection and maintenance of the remedy components. 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.
Property Access
p. 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.
Abandonment of Monitoring Wells
q. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, except those wells required for monitoring
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purposes as noted in subparagraph 131. above and as identified as downgradient monitoring
wells MW-3A, MW-4A, and MW-6 in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days
after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.
Damage to Wells
r. Except for the work related to subparagraph 13.q. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall
be responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notifications upon Transfer
s. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Orange County land
records, Book , Page .19A 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
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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
t. 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 products and materials customarily used and stored in
municipal service center, office, retail, recreational, associated parking, transit, and with prior
written approval from DEQ, other commercial use environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons.
Other Prohibited Uses
u. The Brownfields Property may not be used for ground -contact sports of any
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kind, including, but not limited to, golf, football, soccer, and baseball unless such ground -contact
sports are solely conducted in areas that have been addressed to DEQ's prior written satisfaction
in accordance with the remedy described in paragraph 11.
v. The Brownfields Property may not be used for kennels, dog parks, private
animal pens or horse -riding unless approved in writing in advance by DEQ.
w. The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DEQ.
Land Use Restriction Update
x. During January of each year after the year in which the Notice referenced
below in paragraph 17 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 Orange County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Orange 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;
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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. the data acquired from periodic monitoring of downgradient wells
MW-3A, MW-4A, and MW-6 referenced in subparagraph 13.h. above for a period of time before
and following the completion of the final remedy that is consistent with a groundwater
monitoring work plan, including a schedule, that has been prepared to DEQ's written
satisfaction;
iv. whether any engineered soil caps and retaining walls installed pursuant
to subparagraph 13.n. above are being maintained such that they are intact, uncompromised, in
good condition, and continuing to serve as barriers to the CCPs, and impacted soil contamination
in relation to which they were installed; and
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 18 and 19 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.
14. The desired result of the above -referenced remediation and 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.
15. 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
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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
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.p. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
17. 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 Orange County, North
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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.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Orange
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. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section 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.
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19. 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
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 32.a. below
of any such required notification.
X. CERTIFICATION
21. 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 13.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
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Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
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demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
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h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. 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 § I I3A-1, et SeMc .
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. 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.
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XIII. PARTIES BOUND
27. 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
28. 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.
29. Except for the land use restrictions set forth in paragraph 13 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. 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
31
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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.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. 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.
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XVII. NOTICES AND SUBMISSIONS
32. 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:
Christopher C. Blue, Town Manager
Town of Chapel Hill
405 Martin Luther King Jr. Blvd
Chapel Hill, NC 27514
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
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
33
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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
34. 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
35. 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.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. 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.
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XXI. PUBLIC COMMENT
38. 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:
Town of Chapel Hill
By:
Christopher C. Blue
Town Manager
35
Date
Chapel Hill Police Property/23022-19-068/14Jun2024

EXHIBIT I
iJ A TON I'Ll Q
chapel
Hill
71
Mir
V J pl. CA fJ n
o USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Lin6 data;. USFS Road Data; Natural Earth Data; U.S.
Department of State Huffianitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data,
refres
hed ed August, 2021.
0 2,000 4,000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
C
HAPEL HILL, NORTH CAROLINA 2022
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT
CHAPEL HILL POLICE DEPARTMENT
828 MARTIN LUTHER KING JR. BOULEVARD
CHAPEL HILL, NORTH CAROLINA
'4 3921 Sunset Ridge Road, Suite 301
haft "No hickman Raleigh, North Carolina 27607
w_ 919-847-4241 (p) 919-847-4261 (t)
SMARTER ENWIRDNIMENTAL 50LUTIDN5 License # C-1 269 # C-245 Geology
DATE: 10-31-22 REVISION NO: 0
JOB NO: TCH-009 FIGURE NO: 1

Exhibit 2
Brownfields Property Name: Chapel Hill Police Property
Brownfields Project Number: 23022-19-068
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 maximum and/or the
most recent concentrations 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):
On -site Monitoring Wells:
Groundwater
Contaminant
Sample
Location
Date of
Sampling
p g —
Maximum
Concentration
Maximum
Concentration
Exceeding
Standard
/L
Date of Most
Recent
Sampling
Most Recent
Concentration
Exceeding
Standard
/L
Standard
(µg/L)
Aluminum
MW-1
5/03/2013
5,600
5/03/2013
5,600
NSE
MW-2
6/20/2013
16,000
6/20/2013
16,000
Antimony
MW-1
5/03/2013
5.4
11/10/2016
<0.5
1
MW-1
5/26/2015
110
4/03/2019
22.9
Arsenic
MW-lA
9/26/2019
10
8/31/2022
37
10
MW-3
8/15/2014
51
8/15/2014
51
MW-3A
5/26/2015
42
8/30/2022
0.38 J
MW-4
2/05/2014
140
2/05/2014
140
MW-1
4/03/2019
1,730
4/03/2019
1,730
MW-lA
9/26/2019
1,040
8/31/2022
852
MW-2
6/20/2013
1,100
6/20/2013
1,100
Barium
MW-3
8/15/2014
830
8/20/2014
830
700
MW-3A
5/26/2015
770
8/30/2022
67.5
MW-4
2/05/2014
6,500
2/05/2014
6,500
MW-1
2/18/2016
11.0
4/03/2019
<0.1
Beryllium
MW-2
6/20/2013
5.5
6/20/2013
5.5
4
Chapel Hill Police Property/23022-19-068/14Jun2024

Groundwater
Contaminant
Sample
Location
Date of
Sampling
p g —
Maximum
Concentration
Maximum
Concentration
Exceeding
Standard
/L
Date of Most
Recent
Sampling
Most Recent
Concentration
Exceeding
Standard
/L
Standard
�µg /L
Chromium,
Hexavalent
MW-3
8/15/2014
30 HT
8/15/2014
30 HT
NSE
MW-4A
8/31/2022
0.303
8/31/2022
0.303
MW-1
2/18/2016
100
4/3/2019
<0.5
MW-3
8/15/2014
78
8/15/2014
78
Chromium,
Total
MW-3A
5/26/2015
460
8/30/2022
<1.0
10
MW-4
2/05/2014
930
2/05/2014
930
MW-6
11/09/2016
29
8/30/2022
0.58
Cobalt
MW-1
2/18/2016
78
4/3/2019
1.8
1
MW-lA
9/26/2019
1.2
8/31/2022
0.40 J
MW-2
6/20/2013
23
6/20/2013
23
MW-8
9/26/2019
4.0
8/31/2022
2.7
MW-9
8/31/2022
5.3
8/31/2022
5.3
Copper
MW-2
6/20/2013
1,200
6/20/2013
1,200
1,000
Iron
MW-1
5/03/2013
6,500
5/03/2013
6,500
300
MW-2
6/20/2013
13,000
6/20/2013
13,000
MW-1
5/26/2015
61
11 / 10/2016
10
MW-2
6/20/2013
27
6/20/2013
27
Lead
MW-3
8/15/2014
30
8/15/2014
30
15
MW-3A
5/26/2015
89
11/9/2016
<5.0
MW-4
2/05/2014
250
2/05/2014
250
MW-lA
8/31/2022
110
8/31/2022
110
MW-3A
9/6/2022
20.3
9/6/2022
20.3
MW-4A
8/31/2022
0.58 J
8/31/2022
0.58 J
MW-6
8/30/2022
1.7 J
8/30/2022
1.7 J
Lithium
MW-7
8/31/2022
2.1 J
8/31/2022
2.1 J
NSE
MW-
8/Du
8/31/2022
2.8/2.8
8/31/2022
2.8/2.8
MW-9
8/31/2022
10.5
8/31/2022
10.5
MW
11D
8/31/2022
51.6
8/31/2022
51.6
Manganese
MW-1
2/18/2016
9,600
4/03/2019
3,090
50
MW-lA
9/26/2019
2,420
8/31/2022
1,380
MW-2
6/20/2013
1,200
6/20/2013
1,200
MW-3A
8/30/2022
664
8/30/2022
664
MW-4A
11 /09/2016
140
8/31/2022
102
MW-6
11 /09/2016
2,500
8/30/2022
1,430
Chapel Hill Police Property/23022-19-068/14Jun2024

Date of
Maximum
Most Recent
Groundwater
Sample
Sampling
Sam p � g —
Concentration
Date of Most
Concentration
Standard
Exceeding
Recent
Exceeding
Contaminant
Location
Maximum
Standard
Sampling
Standard
�µg /L
Concentration
/L
/L
MW-7
11/14/2016
140
8/31/2022
12.8
g
9/26/2019
4,880
8/31/2022
3,610/3,720
Manganese
50
Du
MW-9
2/12/2020
5,430
8/31/2022
5,220
Mercury
MW-4
2/05/2014
1.4
2/05/2014
1.4
1
MW-IA
8/31/2022
0.79 J
8/31/2022
0.79 J
MW-3A
8/30/2022
0.83 J
8/30/2022
0.83 J
MW-4A
8/31/2022
0.21 J
8/31/2022
0.21 J
MW-7
8/31/2022
0.18 J
8/31/2022
0.18 J
Molybdenum
MW-
NSE
8/31/2022
0.90 J/0.82 J
8/31/2022
0.90 J/0.82 J
8/DUP
MW-9
8/31/2022
0.33 J
8/31/2022
0.33 J
MW
8/30/2022
4.8
8/30/2022
4.8
11D
MW-1
11/10/2016
23
4/3/2019
<0.5
MW-3A
11/09/2016
52
8/30/2022
7.0
Selenium
20
MW-4
2/05/2014
99
2/05/2014
99
MW-6
11/09/2016
20
8/30/2022
<2.0
MW-1
4/03/2019
4,710
4/03/2019
4,710
MW-IA
9/26/2019
6,360
8/31/2022
2,500
Strontium
2 000
MW-3A
4/04/2019
2,950
8/30/2022
2,530
MW-9
8/31/2022
2,730
8/31/2022
2,730
Sulfate
MW-3A
8/30/2022
290,000
8/30/2022
290,000
250,000
Thallium
11/09/2016
5.4J/5.3J
8/30/2022
<0.05
2
3MDu
MW-1
2/18/2016
260
11/10/2016
92
Vanadium
7
MW-2
6/20/2013
71
6/20/2013
71
Zinc
MW-2
6/20/2013
2,200
6/20/2013
2,200
1,000
Groundwater wells MW-1, MW-IA, MW-2 (temporary and abandoned), MW-6, MW-8, and MW-9 screen groundwater
within the fill area; wells MW-3 (abandoned), MW-3A, MW-4 (abandoned), and MW-4A screen groundwater downgradient
of the fill area; wells MW-5, MW-7, and MW-11D screen groundwater in the shallow bedrock aquifer with MW-5
upgradient of the fill area just offsite, MW-7 located east of the fill area, and MW-11D screening the upper bedrock aquifer
below the fill area near well MW-9.
Groundwater data on this table excludes filtered sample results. Groundwater results for wells MW-1, MW-3, MW-3A, MW-
4, and MW-4A collected in 2015 and earlier are likely influenced by high turbidity in the samples.
HT — Sample received and analyzed outside of holding time
J — estimated value between the method detection limit and the laboratory reporting limit
NSE — No standard established
Chapel Hill Police Property/23022-19-068/14Jun2024

Off -site Upgradient Monitoring Well MW-5:
Date of
Maximum
Most Recent
Groundwater
Sample
Sampling
p g —
Concentration
Date of Most
Concentration
Standard
Exceeding
Recent
Exceeding
Contaminant
Location
Maximum
Standard
Sampling
Standard
(�tg/L)
Concentration
/L
/L
Lithium
MW-5
8/30/2022
2.0 J
8/30/2022
2.0 J
NSE
Manganese
MW-5
8/30/2022
614
8/30/2022
614
50
Molybdenum
MW-5
8/30/2022
0.181
8/30/2022
0.18 J
NSE
Selenium
MW-5
11/09/2016
23
8/30/2022
<2.0
20
Chapel Hill Police Property/23022-19-068/14Jun2024

SPLP RESULTS FROM COAL COMBUSTION PRODUCT
SPLP results from coal combustion product samples, in micrograms per liter (the
equivalent of parts per billion), compared against the standards that 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):
SPLP Potential
Contaminant
Sample
Location
Sample
Depth (ft)
Date of
Sampling
Leachate
Concentration
Exceeding
Standard /L
Standard
(µg/L)
Antimony
HH-2
2-3
11/03/2016
3.9J
1
1111-4
4-5
11/03/2016
5.1J
Arsenic
HH-3
2-3
11/03/2016
181
10
Barium
HH-2/Du
2-3
11/03/2016
830/1,300
700
HH-3
2-3
11/03/2016
740
Cobalt
1111-3
2-3
11/03/2016
4.6J
1
Lead
HH-3
2-3
11/03/2016
45
15
Manganese
HH-2
2-3
11/03/2016
69
50
1111-3
2-3
11/03/2016
290
1111-1
7-8
11/03/2016
130
Selenium
HH-2/Du
2-3
11/03/2016
35J/35J
20
HH-3
2-3
11/03/2016
28J
HH-4
4-5
11/03/2016
31J
Strontium
HH-1
7-8
11/03/2016
2,500
2,000
Vanadium
HH-2/Du
2-3
11/03/2016
16J/2.6J
7
HH-3
2-3
11/03/2016
23
SPLP — Synthetic Precipitation Leaching Procedure
Chapel Hill Police Property/23022-19-068/14Jun2024
5

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial/Commercial Health -
Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund
Section (February 2024 version):
Concentration
Industrial/
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Exceeding
Screening
Level
Commercial
Screening
Level
(mg/kg)
(mg/kg)
BG-7
2-3
4/04/2019
3.08
Excavation G-1
2-3
4/16/2020
3.68
Excavation I-2
1-2
4/8/2020
3.65
HH-1/Du
0-1
11/03/2016
5.9/3.4
HH-2
0-1
11/03/2016
4.9
Arsenic
3.0
HH-3
0-1
11/03/2016
9.9
HH-8
0-1
11/02/2016
3.6
SED-3A
0-1
4/05/2019
3.45
SS-7
0.2-1
2/18/2016
3.1
p
Iso ro ltoluene
HH-14
0-2
9/6/2022
0.0065J
NSE
Thallium
I MW-5
6-7
11/02/2016
2.3
12.3
'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.
Well MW-5 is just upgradient of, and not on, the Brownfields Property; hence it serves as a background
well.
Chapel Hill Police Property/23022-19-068/14Jun2024
0

COAL COMBUSTION PRODUCT
Coal combustion product contaminants in milligrams per kilogram (the equivalent of
parts per million), the screening levels for which are derived from the Preliminary
Industrial/Commercial Health -Based Soil Remediation Goals of the Inactive Hazardous Sites
Branch of DEQ's Superfund Section (February 2024 version):
Coal
Combustion
Product
Contaminant'
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
me/kl
Industrial/
Commercial
Screening
Leve12 (mg/kg)
Arsenic
GP-1
8-12
2/3/2014
3.5
3.0
GP-2
26-28
2/3/2014
41
GP-3
10-12
2/3/2014
48
GP-4
10-12
2/4/2014
59
GP-5
4-6
2/4/2014
72
GP-5/Du
4-6
4/3/2019
95.9/95.9
GP-6
9-11
2/4/2014
65
GP-6
9-10
4/4/2019
6.73
GP-7
10-12
2/4/2014
55
GP-8
11-15
2/4/2014
54
GP-I1
4-6
2/4/2014
16
GP-12
2-4
2/4/2014
52
HH-9
0-1
4/03/2019
3.37
HH-10
0-1
4/03/2019
60.3
HH-11
0-1
4/03/2019
42.5
S-4
1
4/29/2013
14
S-5
0-4
1/31/2014
37
S-6
0-4
1/31/2014
43
S-7
0-4
1/31/2014
44
Mercury
GP-6
9-11
2/4/2014
11
9.7
1 Coal combustion residual material was identified in the upper level of the Brownfields Property,
Exposure Unit No. 1, and in the embankment, Exposure Unit No. 3. Samples identified as a mixture of
soil and coal combustion residual material are included in this table.
2Screening 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.
Chapel Hill Police Property/23022-19-068/14Jun2024
7

DRAINAGE PATHWAY SOIL
Drainage pathway soil contaminants in milligrams per kilogram (the equivalent of parts
per million), the screening levels for which are derived from the Preliminary
Industrial/Commercial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites
Branch of DEQ's Superfund Section (February 2024 version):
Concentration
Industrial/
Drainage
Sample
Depth
Date of
Exceeding
Commercial
Pathway Soil
Contaminant)
Location
(ft)
Sampling
Level Screening
Screening Leve12
(mg/kg)
(mg/kg)
SED-12
0-0.2
8/27/2019
4.73
SED-12
0.2-0.5
4/05/2019
3.97
Arsenic
SED-13
0-0.2
8/27/2019
12.4
3.0
SED-13
0.2-0.5
4/05/2019
14.5
SED-18
0.2-0.5
1 4/05/2019
4.53
'The soils identified as Drainage Pathway Soil were collected from the lower level of the Browniields
Property adjacent to Bolin Creek, also referred to as Exposure Unit No. 2.
2Screening 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.
Chapel Hill Police Property/23022-19-068/14Jun2024

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (February 2024 version):
Concentration
Non -
Exterior Soil Gas
Sample
Date of
Exceeding
Residential
Contaminant
Location
Sampling
Screening
Screening
Level'
Level (µg/m3)
/m
4-Eth ltoluene
SG-3
9/1/2022
2.1 J
NSE
SG-1
9/2/2022
3.0 J
SG-2
9/1/2022
3.1 J
SG-3
9/1/2022
3.0 J
Trichlorofluoromethane
NSE
SG-4
9/1/2022
2.5 J
SG-5
9/2/2022
2.5 J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established
Acetone was detected in every exterior soil gas sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceed this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this Brownfields Property.
Chapel Hill Police Property/23022-19-068/14Jun2024
0

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (July 26, 2021 version):
Most
Concentration
Surface Water
Sample
Recent
Exceeding
Standard'
Contaminant
Location
Date of
Standard
(µg/L,)
Sampling
(µg/L,)
Manganese
BC-2
6/20/2013
100
503
'When a NCAC 2B standard has not been developed for a contaminant, the EPA National Recommended
Water Quality Criteria for Aquatic Life & Human Health, or the North Carolina In -Stream Target Values
for Surface Waters (July 22, 2021 version) are used for comparison purposes.
2EPA approved the removal of NC human health standards as part of the 2007-2016 Triennial review due
to high natural occurrence of manganese in NC surface waters.
3EPA National Recommended Water Quality Criteria for Aquatic Life & Human Health
Chapel Hill Police Property/23022-19-068/14Jun2024
10

A �JSPO
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TRAIL � p SPARROW 0
U
N � J
9 o BO�/A/
OD
�FA CT
I
OMSTFAO OR HILLSBOROUGH ST
VICINITY MAP
(NOT TO SCALE)
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
OWNER & PROSPECTIVE DEVELOPER: TOWN OF CHAPEL HILL
CE
,
1
I
I
I
I
I
I
I
I
I
Parcel
Line Table
LINE#
BEARING
DISTAN
UMsTE PD Ic ?, wD
��pR1pBLE
I
I
I
REVIEW OFFICER'S CERTIFICATE
ORANGE COUNTY, NORTH CAROLINA
I, , REVIEW OFFICER OF THE COUNTY AND
STATE AFORESAID, HEREBY CERTIFY THAT THE MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL THE STATUTORY REQUIREMENTS FOR
RECORDING FOR WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS PROVIDED
BY LAW.
REVIEW OFFICER
DATE
NCGS MON "BIKE"(PID EZ2788)
NC GRID NAD 83(2011)
N: 790,486.16sft
E:1,983,511.69sft
RECORDING THIS PLAT DOES NOT REQUIRE SUBDIVISION APPROVAL OF THE
TOWN OF CHAPEL HILL AS PROVIDED IN SECTION 4.6.1 OF THE CHAPEL HILL
LAND USE MANAGEMENT ORDINANCE
Town of Chapel Hill Planning Department
Date
O
N
I
M
00
0
Q
z
0
of
0
U
z
0_
Ld
0-
cD
J
0 EIP - EXISTING IRON PIPE
(0SIP SET IRON PIPE
+ CP - COMPUTED POINT
R/W - RIGHT-OF-WAY
LINETYPE LEGEND
BROWNFIELDS PROPERTY LINE
ADJOINING PROPERTY LINE/R/W
EDGE OF PAVEMENT (EOP)
— EDGE OF WATER
TOP OF BANK
STORM DRAIN LINE
0 0 FENCE LINE AS NOTED
ECEA EXCAVATION/CONSTRUCTION EXCLUSION AREA
I, JAMES W. HUGGINS. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY
PERFORMED UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 350 , PAGE 325 ; THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK REFERENCES ; THAT THE RATIO
OF PRECISION AS CALCULATED IS 1: 10,000: THAT THE GLOBAL POSITIONING SYSTEM (GPS) SURVEY AND THE
FOLLOWING INFORMATION WAS USED TO PERFORM THE GPS (GNSS IF DUAL CONSTELLATIONS ARE USED) SURVEY:
CLASS OF SURVEY: A
POSITIONAL ACCURACY: .12' ® 95%
TYPE OF GPS FIELD PROCEDURE: REAL—TIME GNSS
DATES OF SURVEY: APRIL/MAY 2023
DATUM/EPOCH: NAD83(2011) , PUBLISHED/FIXED—CONTROL USE: BIKE EZ2788)
GEOID MODEL: 18
COMBINED GRID FACTOR(S): 0.99993112
UNITS: US SURVEY FOOT
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED THAT THIS PLAT MEETS THE
REQUIREMENT OF G.S. 47-30 SECTION (f)(11)(c.)(1.), THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF
LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS THE DAY OF , AD 20
PROFESSIONAL LAND SURVEYOR L-4586
PRELIMINARY PLAT
NOT FOR RECORDING, SALES
OR CONVEYANCE.
THIS DOCUMENT WAS PREPARED FOR
ILLUSTRATION PURPOSES ONLY.
NOTES:
1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS
PROPERTY IS SUBJECTED TO ANY SUCH FACTS OR EASEMENTS WHICH MAY BE
EIP DISCOVERED BY A FULL AND ACCURATE TITLE SEARCH.
2. UNDERGROUND UTILITIES WERE NOT LOCATED ON THIS SURVEY. ANY SUCH UTILITIES
SHOWN SHOULD BE CONSIDERED FOR ILLUSTRATION PURPOSES ONLY.
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE SPECIFIED.
4. ALL LINEAR DIMENSIONS HEREON ARE SHOWN IN FEET AND DECIMALS OF A FOOT.
5. AREA DETERMINED BY COORDINATE METHOD.
6. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF THE FILING. A
LISTING OF TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
7. THIS SURVEY IS BASED ON AN UNRECORDED BOUNDARY SURVEY PERFORMED BY THIS
SURVEYOR DATED 04/24/18 FOR THE TOWN OF CHAPEL HILL AND A SURVEY PERFORMED
UNDER THIS SURVEYOR'S SUPERVISION BY DAVID J. FERRARO, PLS AND DATED 04/28/23.
EXISTING PROPERTY CORNERS VERIFIED AS OF OCTOBER 16, 2023.
8. SAMPLING LOCATION AND DATA INFORMATION WAS PROVIDED BY HART AND HICKMAN, PC
OF RALEIGH, INC 27607 ON OCTOBER 27, 2023..
9. THE EXCAVATION/CONSTRUCTION EXCLUSION AREA INFORMATION WAS PROVIDED BY HART
AND HICKMAN, PC OF RALEIGH, NC 27607 ON FEBRUARY 15, 2024.
10. THE EDGE OF WATER FOR BOLIN CREEK WAS FIELD LOCATED ON APRIL 17TH AND
18TH 2O23.
11. SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "AE" PER FEMA FLOOD INSURANCE
RATE MAP PANEL 3710978900J DATED FEBRUARY 2, 2007. FLOOD HARZARD LINES SHOWN
ON SURVEY WERE ACQUIRED FROM THE NORTH CAROLINA FLOOD RISK INFORMATION
SYSTEM.
12. SUBJECT PROPERTY IS ZONED R-2
SETBACKS REQ.:
STREET: 26'
SIDE: 11'
SOLAR: 13'
WIDTH: 65'
MIN AREA: 10, 000 S. F
1 11 11 11 �11
11
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DB 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DB 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
1 OF 5
Town of
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS SCALE: 1" = 100'
DATE: 4/28/2023 PIN: 9789-41-3949
E: DRAWN BY: FILE NAME
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER: SITE ADDRESS:
TOWN OF CHAPEL HILL 828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD CHAPEL HILL,NC 27514
CHAPEL HILL, INC 27514
LINETYPE LEGEND
BROWNFIELDS PROPERTY LINE
ADJOINING PROPERTY LINE/R/W
EDGE OF PAVEMENT (EOP)
— EDGE OF WATER
TOP OF BANK
STORM DRAIN LINE
0 0 FENCE LINE AS NOTED
ECEA EXCAVATION/CONSTRUCTION EXCLUSION AREA
I, JAMES W. HUGGINS. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY
PERFORMED UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 350 , PAGE 325 ; THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK REFERENCES ; THAT THE RATIO
OF PRECISION AS CALCULATED IS 1: 10,000: THAT THE GLOBAL POSITIONING SYSTEM (GPS) SURVEY AND THE
FOLLOWING INFORMATION WAS USED TO PERFORM THE GPS (GNSS IF DUAL CONSTELLATIONS ARE USED) SURVEY:
CLASS OF SURVEY: A
POSITIONAL ACCURACY: .12' ® 95%
TYPE OF GPS FIELD PROCEDURE: REAL—TIME GNSS
DATES OF SURVEY: APRIL/MAY 2023
DATUM/EPOCH: NAD83(2011) , PUBLISHED/FIXED—CONTROL USE: BIKE EZ2788)
GEOID MODEL: 18
COMBINED GRID FACTOR(S): 0.99993112
UNITS: US SURVEY FOOT
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED THAT THIS PLAT MEETS THE
REQUIREMENT OF G.S. 47-30 SECTION (f)(11)(c.)(1.), THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF
LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS THE DAY OF , AD 20
PROFESSIONAL LAND SURVEYOR L-4586
PRELIMINARY PLAT
NOT FOR RECORDING, SALES
OR CONVEYANCE.
THIS DOCUMENT WAS PREPARED FOR
ILLUSTRATION PURPOSES ONLY.
NOTES:
1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS
PROPERTY IS SUBJECTED TO ANY SUCH FACTS OR EASEMENTS WHICH MAY BE
EIP DISCOVERED BY A FULL AND ACCURATE TITLE SEARCH.
2. UNDERGROUND UTILITIES WERE NOT LOCATED ON THIS SURVEY. ANY SUCH UTILITIES
SHOWN SHOULD BE CONSIDERED FOR ILLUSTRATION PURPOSES ONLY.
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE SPECIFIED.
4. ALL LINEAR DIMENSIONS HEREON ARE SHOWN IN FEET AND DECIMALS OF A FOOT.
5. AREA DETERMINED BY COORDINATE METHOD.
6. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF THE FILING. A
LISTING OF TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
7. THIS SURVEY IS BASED ON AN UNRECORDED BOUNDARY SURVEY PERFORMED BY THIS
SURVEYOR DATED 04/24/18 FOR THE TOWN OF CHAPEL HILL AND A SURVEY PERFORMED
UNDER THIS SURVEYOR'S SUPERVISION BY DAVID J. FERRARO, PLS AND DATED 04/28/23.
EXISTING PROPERTY CORNERS VERIFIED AS OF OCTOBER 16, 2023.
8. SAMPLING LOCATION AND DATA INFORMATION WAS PROVIDED BY HART AND HICKMAN, PC
OF RALEIGH, INC 27607 ON OCTOBER 27, 2023..
9. THE EXCAVATION/CONSTRUCTION EXCLUSION AREA INFORMATION WAS PROVIDED BY HART
AND HICKMAN, PC OF RALEIGH, NC 27607 ON FEBRUARY 15, 2024.
10. THE EDGE OF WATER FOR BOLIN CREEK WAS FIELD LOCATED ON APRIL 17TH AND
18TH 2O23.
11. SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "AE" PER FEMA FLOOD INSURANCE
RATE MAP PANEL 3710978900J DATED FEBRUARY 2, 2007. FLOOD HARZARD LINES SHOWN
ON SURVEY WERE ACQUIRED FROM THE NORTH CAROLINA FLOOD RISK INFORMATION
SYSTEM.
12. SUBJECT PROPERTY IS ZONED R-2
SETBACKS REQ.:
STREET: 26'
SIDE: 11'
SOLAR: 13'
WIDTH: 65'
MIN AREA: 10, 000 S. F
1 11 11 11 �11
11
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DB 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DB 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
1 OF 5
Town of
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS SCALE: 1" = 100'
DATE: 4/28/2023 PIN: 9789-41-3949
E: DRAWN BY: FILE NAME
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER: SITE ADDRESS:
TOWN OF CHAPEL HILL 828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD CHAPEL HILL,NC 27514
CHAPEL HILL, INC 27514
1 11 11 11 �11
11
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DB 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DB 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
1 OF 5
Town of
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS SCALE: 1" = 100'
DATE: 4/28/2023 PIN: 9789-41-3949
E: DRAWN BY: FILE NAME
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER: SITE ADDRESS:
TOWN OF CHAPEL HILL 828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD CHAPEL HILL,NC 27514
CHAPEL HILL, INC 27514

A �JSPO
Z
D
TRAIL
y� p SPARROW F-
U
N � J
9 o BO�/A/
OD �
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VICINITY MAP
(NOT TO SCALE)
TOWN OF CHAPEL
HILL
PIN: 9789327486
D.B. 237/904
Q
gG-7 TEAR R0 A
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rV
I
NCGS MON "BIKE"(PID EZ2788)
NC GRID NAD 83(2011) /
N: 790,486.16sft
E:1,983,511.69sft /
60 0 60 120 180
1" = 60'
MASON PAGE
THOMAS, III
PIN: 9789422526
D.B. 6687/2363
30' PUBLIC R/W
DEDICATED
P.B. 35-74
C LLOYD LLC
PIN: 9789413508
D.B. 4876/453
P.B. 31 /33
W 20p 00,
SHEET 3 OF 6
DANIEL/STEWART
PIN: 9789424522
D.B. 4684/577
I, JAMES W. HUGGINS, CERTIFY THAT THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF
LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE
AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS THE DAY OF , AD 20
PROFESSIONAL LAND SURVEYOR L-4586
PRELIMINARY PLAT
NOT FOR RECORDING, SALES
OR CONVEYANCE.
LEGEND
00 EIP - EXISTING IRON PIPE
+ CP - COMPUTED POINT
® - STORMWATER JUNCTION BOX
MM CURB INLET
❑® - YARD INLET
OD STORM DRAIN MANHOLE
Q SANITARY SEWER MANHOLE
-0 GUY POLE
ES - HAND BOX
PP - UTILITY POLE
- FIRE HYDRANT
0° CLEAN OUT
0 - LIGHT POLE
sft - US SURVEY FOOT
D.B.- DEED BOOK
P.B. - PLAT BOOK
THIS DOCUMENT WAS PREPARED FOR
ILLUSTRATION PURPOSES ONLY.
SAMPLE LOCATION LEGEND
GROUNDWATER SAMPLE LOCATION
0 SOIL SAMPLE LOCATION
CO -LOCATED GROUNDWATER AND SOIL
SAMPLE LOCATION
❑ SPLP CCP SAMPLE LOCATION
CCP SAMPLE LOCATION
DRAINAGE PATHWAY SOIL SAMPLE
LOCATION
® EXTERIOR SOIL GAS SAMPLE LOCATION
SURFACE WATER SAMPLE LOCATION
HATCH LEGEND
l l i I- SANITARY SEWER EASEMENT
LINETYPE LEGEND
BROWNFIELDS PROPERTY LINE — FLOODWAY BOUNDARY
ADJOINING PROPERTY LINE/TIE
CURB LINE/ EDGE OF PAVEMENT ®— FLOOD HAZARD ZONE AE
• — • — EDGE OF WATER
FENCE LINE AS NOTED — 0.2% ANNUAL CHANCE FLOOD HAZARD
STORM DRAIN LINE
ECEA EXCAVATION/CONSTRUCTION EXCLUSION AREA
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DB 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DB 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
2OF5
619 Town of
•
c9z"q"
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS
SCALE: 1" = 60'
DATE: 4/28/2023
PIN: 9789-41-3949
DRAWN BY:
JH/DJF/TJ
FILE NAME:
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER:
SITE ADDRESS:
TOWN OF CHAPEL HILL
828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD
CHAPEL HILL,NC 27514
CHAPEL HILL, INC 27514
Ir

A �JSPO
i
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TRAIL � p SPARROW F-
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VICINITY MAP
(NOT TO SCALE)
0
N
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00
0
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0
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of
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0-
SHEET 2 OF 6
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SILT FENCE
ASPHALT
GP-6/
SHEET 3 OF 6 I
DANIEL/STEWART
PIN: 9789424522
D.B. 4684/577 / I
\ NPI RPI PARTNERS I
\ \ PIN: 9789425476
\ D.B. 515/232 I
ss
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03 F \ ss _ ss
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•
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C LLOYD LLC
PIN: 9789413508
\
D.B. 4876/453 P.B. 31 /33
•1 1 •1 1 :1
•1
I
I
I RUDD TRUAX &
JANE THRAILKILL
PIN: 9789427491
I D.B. 4205/27
1
I, JAMES W. HUGGINS, CERTIFY THAT THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF
LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE
AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS THE DAY OF , AD 20
N4119' 28 E 1"EIP 1"EIP
30.57'(TIE) I
I PROFESSIONAL LAND SURVEYOR L-4586
1"EIP \N8E 8.57'(TE)
\ \ NPI RPI PARTNERS I PARTNERSHIP PRELIMINARY PLAT
PIN: 9789426280
P•B.77/18 NOT FOR RECORDING, SALES
D.B. 515/232
OR CONVEYANCE.
THIS DOCUMENT WAS PREPARED FOR
ILLUSTRATION PURPOSES ONLY.
-2*/DUP FITNESS
\ ` EQUIPMENT \ \ I TIEN F TSUI
�SG-3 / v & ANNIE H. TSUI
PIN: 9789427157
ASPHALT G P-$ � ( \ I P.B.48/184
D.B. 1956/2156/213
0
D CENTERLINE
RIPRAP INTERMITTENT \
STREAM
DRY
RETENTION RIPRAP RIPRAP \ \
POND
HH -3*"PINCH \
• � � PIPE
GP-7 / ELECTRIC PANEL r
\ ��• N01' 44' 14"E
METAL 48.22'(TIE)
# CAR PORT I\_ 1"EIP
8/DUP
�� TOWN OF CHAPEL HILL
SH PIN: 9789413949
/ D. B.350/325 Z� �
SHIPPING HH-14 0 P.B.35/74 \
CONTAINER AREA: 10.278 ACRES
S-6 1
CHAIN LINK MW-7 \ \ \
�
FENCE WITH MARVIN V. ET AL
SILT FENCE / PIN: 9789515 0 � D.B. 6760/2160/217
o
HH-11
ECEA
30' OWASA SANITARY
SEWER EASEMENT CENTERLINE
PER D.B. 526/525 INTERMITTENT
SILT FENCE' STREAM
MW-4 / CHAIN LINK
FENCE WITH
SILT FENCE
W-3A/DUP ,MW-4A
\ N
C ; z N
pq
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INTERMITTENT cn
STREAM \
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66.17'(TIE)
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10.60'
00'\ 14.40'
P
E P HI L BORO G LLC. _
PIN: 9789417342
TOP OF /
D.B. 5906/154 BANK
11
LEGEND
SAMPLE LOCATION LEGEND
GROUNDWATER SAMPLE LOCATION
0 SOIL SAMPLE LOCATION
CO -LOCATED GROUNDWATER AND SOIL
SAMPLE LOCATION
U - - -101 llml InI lm rl-
+ CP - COMPUTED POINT
® - STORMWATER JUNCTION BOX
❑
SPLP CCP SAMPLE LOCATION
MM CURB INLET
❑® - YARD INLET
DD STORM DRAIN MANHOLE
CCP SAMPLE LOCATION
0$ SANITARY SEWER MANHOLE
-0 GUY POLE
DRAINAGE PATHWAY SOIL SAMPLE
® - HAND BOX
LOCATION
PP - UTILITY POLE
- FIRE HYDRANT
®
EXTERIOR SOIL GAS SAMPLE LOCATION
0° - CLEAN OUT
0 - LIGHT POLE
SURFACE WATER SAMPLE LOCATION
sft - US SURVEY FOOT
D.B.- DEED BOOK
HATCH LEGEND
P.B. - PLAT BOOK
I
I I I i — SANITARY SEWER EASEMENT
LINETYPE LEGEND
BROWNFIELDS PROPERTY LINE
- FLOODWAY BOUNDARY
ADJOINING PROPERTY LINE/TIE
CURB LINE/ EDGE OF PAVEMENT
® - FLOOD HAZARD ZONE AE
- • - • - • - EDGE OF WATER
FENCE LINE AS NOTED
- 0.2% ANNUAL CHANCE FLOOD HAZARD
- STORM DRAIN LINE
EXCAVATION/CONSTRUCTION EXCLUSION AREA
ECEA
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DB 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DB 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
3OF5
Town of
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS
SCALE: 1" = 60'
DATE: 4/28/2023
PIN: 9789-41-3949
DRAWN BY:
JH/DJF/TJ
FILE NAME:
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER:
SITE ADDRESS:
TOWN OF CHAPEL HILL
828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD
CHAPEL HILL,NC 27514
CHAPEL HILL, NC 27514

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):
On -site Monit ring Wells:
Groundwater
Contaminant
Sample
Location
Date of
Sampling-
Maximum
Concentration
Maximum
Concentration
Exceeding
Standard
Date of Most
Recent
Sampling
Most Recent
Concentration
Exceeding
Standard
/L
Standard
(µg/L)
MW-1
5/03/2013
5,600
5/03/2013
5,600
4lturunum
MW-2
6/20/2013 1
16,000
6/20/2013
16,000
NSE
Antimony
MW-1
5/03/2013
5.4
11/10/2016
<0.5
1
MWA
5/26/2015
110
4/03/2019
22.9
Arsenic
MWAA
9/26/2019
10
8/31/2022
37
10
MW-3
8/15/2014
51
8/15/2014
51
MW-3A
5/26/2015
42
8/30/2022
0.38 J
MW-4
2/05/2014
140
2/05/2014 1
140
MW-1
4/03/2019
1,730
4/03/2019
1,730
MW-lA
9/26/2019
1,040
8/31/2022
852
MW-2
6/20/2013
1,100
6/20/2013
1,100
Barium
MW-3
8/15/2014
830
8/20/2014
830
700
MW-3A
5/26/2015
770
8/30/2022
67.5
MW-4
2/05/2014
6,500
2/05/2014
6,500
MW-1
2/18/2016
11.0
4/03/2019
<0.1
Beryllium
MW-2
6/20/2013
5.5
6/20/2013
5.5
4
Chromium,
MW-3
8/15/2014
30 HT
8/15/2014
30 HT
Hexavalent
MW-4A
8/31/2022
0.303
8/31/2022
0.303
NSE
Chromium,
MW-1
2/18/2016
100
4/3/2019
<0.5
MW-3
8/15/2014
78
8/15/2014
78
Total
MW-3A
5/26/2015
460
8/30/2022
<1.0
10
MW-4
2/05/2014
930
2/05/2014
930
MW-6
11/09/2016
29
8/30/2022
0.58
MW-1
2/18/2016
1 78
4/3/2019
1.8
MW-IA
9/26/2019
1.2
8/31/2022
0.40 J
Cobalt
MW-2
6/20/2013
23
6/20/2013
23
1
MW-8
9/26/2019
4.0
8/31/2022
2.7
MW-9
8/31/2022
5.3
8/31/2022
5.3
Copper
MW-2
6/20/2013
1,200
6/20/2013
1,200
1,000
MW-1
5/03/2013
6,500
5/03/2013
6,500
Iron
MW-2
6/20/2013
13,000
6/20/2013
13,000
300
MW-1
5/26/2015
61
11/10/2016
10
MW-2
6/20/2013
27
6/20/2013
27
Lead
MW-3
8/15/2014
30
8/15/2014
30
15
MW-3A
5/26/2015
89
11/9/2016
<5.0
MW-4
2/05/2014
250
2/05/2014
250
MW-IA
1 8/31/2022
110
8/31/2022
110
MW-3A
9/6/2022
20.3
9/6/2022
20.3
MW-4A
8/31/2022
0.58 J
8/31/2022
0.58 J
MW-6
8/30/2022
1.7 J
8/30/2022
1.7 J
Lithium
MW-7
8/31/2022
2.1 J
8/31/2022
2.1 J
NSE
MW
8/Du
8/31/2022
2.8/2.8
8/31/2022
2.8/2.8
MW-9
8/31/2022
10.5
8/31/2022
10.5
MW
11D
8/31/2022
51.6
8/31/2022
51.6
MW-1
2/18/2016
9,600
4/03/2019
3,090
MW-1A
9/26/2019
2,420
8/31/2022
1,380
MW-2
6/20/2013
1,200
6/20/2013
1,200
Manganese
MW-3A
8/30/2022
664
8/30/2022
664
50
MW-4A
11/09/2016
140
8/31/2022
102
MW-6
11/09/2016
2,500
8/30/2022
1,430
MW-7
11/14/2016
140
8/31/2022
12.8
Manganese
8Wn
9/26/2019
4,880
8/31/2022
3,610/3,720
50
MW-9
2/12/2020
5,430
8/31/2022
5,220
Mercury
MW-4
2/05/2014
1.4
2/05/2014
1.4
1
MW-lA
8/31/2022
0.79 J
8/31/2022
0.79 J
Molybdenum
MW-3A
8/30/2022
0.83 J
8/30/2022
0.83 J
NSE
MW-4A
8/31/2022
0.21 J
8/31/2022
0.21 J
MW-7
8/31/2022
0.18 J
8/31/2022
0.18 J
MW-
8/DUP
8/31/2022
0.90 J/0.82 J
8/31/2022
0.90 J/0.82 J
MW-9
8/31/2022
0.33 J
8/31/2022
0.33 J
MW
11D
8/30/2022
4.8
8/30/2022
4.8
MW-1
11/10/2016
23
4/3/2019
<0.5
MW-3A
11/09/2016
52
8/30/2022
7.0
Selenium
MW-4
2/05/2014
99
2/05/2014
99
20
MW-6
11/09/2016
20
8/30/2022
<2.0
MW-1
4/03/2019
4,710
4/03/2019
4,710
MW-lA
9/26/2019
6,360
8/31/2022
2,500
Strontium
MW-3A
4/04/2019
2,950
8/30/2022
2,530
2,000
MW-9
8/31/2022
2,730
8/31/2022
2,730
Sulfate
MW-3A
8/30/2022
290,000
8/30/2022
290,000
250,000
Thallium
3A D
11/09/2016
5.4J/5.3J
8/30/2022
<0.05
2
MW-1
2/18/2016
260
11/10/2016
92
Vanadium
MW-2
6/20/2013
71
6/20/2013
71
7
Zinc
MW-2
6/20/2013
2,200
6/20/2013
2,200
1,000
Groundwater wells NM-1, MW-IA, MW-2 (temporary and abandoned), MW-6, MW-8, and MW-9 screen groundwater within the fill area; wells NW-
3 (abandoned), MW-3A, MW4 (abandoned), and MW-4A screen groundwater downgradient of the fill area; wells MW-5, MW-7, and MW-11D screen
groundwater in the shallow bedrock aquifer with NW-5 upgradient of the fill area just offsite, MW-7 located east of the fill area, and MW-l1D
screening the upper bedrock aquifer below the fill area near well NW-
9-Groundwater data on this table excludes filtered sample results. Groundwater results for wells MW-1, MW-3, MW-3A, MW-4, and MW-4A collected in
2015 and earlier are likely influenced by high turbidity in the samples.
HT - Sample received and analyzed outside of holding time
J - estimated value between the method detection limit and the laboratory reporting limit
NSE -No standard established
Off -site Upgradient Moni ring Well MW-5:
Date of
Maximum
Most Recent
Groundwater
Sample
Sampling
P � g -
Concentration
Date of Most
Concentration
Standard
Exceeding
Recent
Exceeding
Contaminant
Location
Maximum
Standard
Sampling
Standard
(µgo )
Concentration
/L
Lithium
MW-5
8/30/2022
2.0 J
8/30/2022
2.0 J
NSE
Mananese
MW-5
8/30/2022
1 614
8/30/2022
614
50
Molybdenum
MW-5
8/30/2022
0.181
8/30/2022
0.18 J
NSE
Selenium
MW-5
11/09/2016
23
8/30/2022
<2.0
20
Exhibit 2
Brownfields Property Name: Chapel Hill Police Property
Brownfields Project Number: 23022-19-068
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
maximum and/or the most recent concentrations 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.
SPLP RESULTS FROM COAL COMBUSTION PRODUCT (CCP)
SPLP results from coal combustion product samples, in micrograms per liter (the
equivalent of parts per billion), compared against the standards that are contained in Title 15A of
the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L
Groundwater hiterim Maximum Allowable Concentrations (IMACS) (April 1, 2022 version):
SPLP Potential
Contaminant
Sample
Location
Sample
Depth (ft)
Date of
Sampling
Leachate
Concentration
Exceeding
Standard ( /L)
Standard
(µg/L)
Antimony
HH-2
2-3
11/03/2016
3.9.1
1
HH-4
4-5
11/03/2016
5.1.1
Arsenic
HH-3
2-3
11/03/2016
18J
10
Barium
HH-2/Du
2-3
11/03/2016
830/1300
700
HH-3
2-3
11/03/2016
740
Cobalt
HH-3
2-3
11/03/2016
4.6J
1
Lead
HH-3
2-3
11/03/2016
45
15
Manganese
HH-2
2-3
11/03/2016
69
50
HH-3
2-3
11/03/2016
290
Selenium
HH-1
7-8
11/03/2016
130
20
HH-2/Du
2-3
11/03/2016
35J/35J
HH-3
2-3
11/03/2016
28J
HH-4
4-5
11/03/2016
31J
Strontium
HH-1
7-8
11/03/2016
2,500
2,000
Vanadium
HH-2/Du
2-3
11/03/2016
16J/2.6J
7
HH-3
2-3
11/03/2016
23
SPLP - Synthetic Precipitation Leaching Procedure
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial/Commercial Health -
Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund
Section (February 2024 version):
Concentration
Industrial/
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Exceeding
Screening
Level
Commercial
Screening
Level
(mg/kg)
(mg/kg)
BG-7
2-3
4/04/2019
3.08
Excavation G-1
2-3
4/16/2020
3.68
Excavation I-2
1-2
4/8/2020
3.65
HH-l/Du
0-1
11/03/2016
5.9/3.4
Arsenic
HH-2
0-1
11/03/2016
4.9
3.0
HH-3
0-1
11/03/2016
9.9
HH-8
0-1
11/02/2016
3.6
SED-3A
0-1
4/05/2019
3.45
SS-7
0.2-1
2/18/2016
3.1
P
Isopropyltolucric
HH-14
0-2
9/6/2022
0.0065J
NSE
Thallium
MW-5
6-7
11/02/2016
2.3
2.3
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screeninglevels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
Well MW-5 is just upgradient of, and not on, the Brownfields Property; hence it serves as a background
well.
COAL COMBUSTION PRODUCT (CCP)
Coal combustion product contaminants in milligrams per kilogram (the equivalent of
parts per million), the screening levels for which are derived from the Preliminary
Industrial/Commercial Health -Based Soil Remediation Goals of the Inactive Hazardous Sites
Branch of DEQ's Superfund Section (February 2024 version):
Coal
Combustion
Product
Contaminant'
Sample
Location
Depth
(ft)
Date of
Sampling
ConcentrationIt
Exceeding
Screening
Level
m /k
GP-1
8-12
2/3/2014
3.5
GP-2
26-28
2/3/2014
41
GP-3
10-12
2/3/2014
48
GP-4
10-12
2/4/2014
59
GP-5
4-6
2/4/2014
72
GP-5/Du
4-6
4/3/2019
95.9/95.9
GP-6
9-11
2/4/2014
65
GP-6
9-10
4/4/2019
6.73
GP-7
10-12
2/4/2014
55
Arsenic
GP-8
11-15
2/4/2014
54
3.0
GP-11
4-6
2/4/2014
16
GP-12
2-4
2/4/2014
52
HH-9
0-1
4/03/2019
3.37
HH-10
0-1
4/03/2019
60.3
HH-11
0-1
4/03/2019
42.5
S-4
1
4/29/2013
14
S-5
0-4
1/31/2014
37
S-6
0-4
1/31/2014
43
S-7
0-4
1/31/2014
44
Merc
GP-6
9-11
2/4/2014
11
9.7
'Coal combustion residual material was identified in the upper level of the Brownfields Property,
Exposure Unit No. 1, and in the embankment, Exposure Unit No. 3. Samples identified as a mixture of
soil and coal combustion residual material are included in this table.
'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.
DRAINAGE PATHWAY SOIL
Drainage pathway soil contaminants in milligrams per kilogram (the equivalent of parts
per million), the screening levels for which are derived from the Preliminary
Industrial/Commercial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites
Branch of DEQ's Superfund Section (February 2024 version):
Concentration
Industrial/
Drainage
Sample
Depth
Date of
Exceeding
Commercial
Pathway Soil
Contaminant
Location
(ft)
Sampling
Screening
Level
Screening
Leve12 (mg/kg)
(mg/kg)
SED-12
0-0.2
8/27/2019
4.73
SED-12
0.2-0.5
4/05/2019
3.97
SED-13
0-0.2
8/27/2019
12.4
Arsenic
3.0
SED-13
0.2-0.5
4/05/2019
14.5
SED-18
0.2-0.5
4/05/2019
4.53
'The soils identified as Drainage Pathway Soil were collected from the lower level of the Brownfields
Property adjacent to Bolin Creek, also referred to as Exposure Unit No. 2.
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screeninglevels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (February 2024 version):
Concentration
Non -
Exterior Soil Gas
Sample
Date of
Exceeding
Residential
Contaminant
Location
Sampling
Screening
Screening
Level'
Level (µg/m3)
3
( /m )
4-Eth ltoluene
SG-3
9/1/2022
2.1 J
NSE
SG-1
9/2/2022
3.0 J
SG-2
9/1/2022
3.1 J
SG-3
9/1/2022
3.0 J
Trichlorofluoromethane
NSE
SG-4
9/1/2022
2.5 J
SG-5
9/2/2022
2.5 J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE -No screening level established
Acetone was detected in every exterior soil gas sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceed this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this Brownfields Property.
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (July 26, 2021 version):
Most
Concentration
Surface Water
Sample
Recent
Exceeding
Standard'
Contaminant
Location
Date of
Standard
(µfa)
Sampling
(µg/L)
Manganese'
BC-2
6/20/2013
100
50'
'When a NCAC 2B standard has not been developed for a contaminant, the EPA National Recommended
Water Quality Criteria for Aquatic Life & Human Health, or the North Carolina In -Stream Target Values
for Surface Waters (July 22, 2021 version) are used for comparison purposes.
'EPA approved the removal of NC human health standards as part of the 2007-2016 Triennial review due
to high natural occurrence of manganese in NC surface waters.
'EPA National Recommended Water Quality Criteria for Aquatic Life & Human Health
I, JAMES W. HUGGINS, CERTIFY THAT THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF
LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE
AN EXISTING STREET. R I Q
WITNESS MY ORIGINAL SIGNATURE AND S�L �W A RY DAY 4 `T AD 20____
NOT FOR RECORDING, SALES
PROFESSIONAL LAND SURVEYOOR CONVEYANCE. L-4586
THIS DOCUMENT WAS PREPARED FOR
ILLUSTRATION PURPOSES ONLY.
REFERENCES:
DB 350/325 PB 5/55
DB 161/77 PB 10/34
DEI 213/662 PB 14/23
DB 237/904 PB 31/32
DB 401/162 PB 35/74
DB 526/525 PB 39/92
DB 1077/521 PB 42/19
DB 1222/361 PB 47/12
DB 2018/60 PB 48/184
DEI 2885/570 PB 51/132
DB 4554/256 PB 68/48
DB 5849/330 PB 101/97
DB 5906/154 PB 116/200
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
4 OF 5
Town of
ENGINEERING AND DESIGN SERVICES
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS
SCALE NOT TO SCALE
DATE:
4/28/2023
PIN:
9789-41-3949
DRAWN BY:
JH/DJF/TJ
FILE NAME:
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER:
SITE ADDRESS:
TOWN OF CHAPEL HILL
828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD
CHAPEL HILL,NC 27514
CHAPEL HILL, NC 27514

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 or 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 Orange 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 13 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 a municipal service center, office, retail,
recreational, associated parking, and transit uses, and with prior written approval from DEQ, 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. "Municipal Service Center" is defined as a place where the local government houses various town services,
including, but not limited to, security and emergency services such as police station and related services.
ii. "Office" is defined as a place where business or professional services are provided.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise directly to the consumer or
businesses and includes showrooms, personal service, open air markets, festivals, food halls, and the sales of food and beverage products,
including from mobile establishments such as food trucks.
iv. "Recreational" is defined as indoor and outdoor exercise -related, physically focused, or leisure -related
activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming or wading pools,
splash pads, clubhouses, sports -related courts and fields, amphitheater, structured covering, open space, greenways, parks,
playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks, and marinas.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same.
vi. "Transit" is defined as any use for a public transportation system and network (including pedestrian and
bicycle trails and facilities) and the facilities incident or necessary for the safe, convenient, effective, and efficient construction,
operation, maintenance, repair, and replacement of such system, including platforms, shelters, waiting areas, walkways, offices,
vendor kiosks, and other such transportation -related improvements.
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee,
with the exception of educational space and childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior
written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ.
d. No disturbance of soil, excavation, or utility line installation, may occur in the area denoted on the plat component of
the Notice of Brownfields Property referenced in paragraph 17 below as "Excavation/Construction Exclusion Area" until such time
that: 1) the remedy design and implementation work to be performed referenced in paragraph 11 above has been completed to DEQ's
written satisfaction; or 2) that impacted material is removed/remediated or otherwise shown to DEQ's advance written satisfaction to
be suitable for waiving of said enclosed structure/excavation/construction exclusion by way of alternative measures such as
monitoring, engineering controls, and/or delineation. For purposes of this restriction, parking with open air ventilation
is not considered an enclosed structure. Any source removal, monitoring, engineering controls, or delineation shall occur in
accordance with a DEQ Brownfields approved work plan or DEQ Brownfields approved Environmental Management Plan required
by subparagraph 13.e. below.
Environmental Management Plan
e. 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 satisfactiof
prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment
activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that
may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting
from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil, CCPs, and groundwater,
newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators,
soil contamination);
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular
buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the
Notice referenced in paragraph 17 below shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health
of the North Carolina Department of Health and Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of
DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 13.a. above while fully protecting public health and the environment, except for the periodic monitoring of groundwater
in downgradient wells MW-3A, MW-4A, and MW-6 before and afler the installation of the final remedy for the structural fill in
accordance with a written plan and schedule prepared to DEQ's prior written satisfaction. 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 13.e., or a plan approved in writing in advance by DEQ.
i. Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally
compliant storm water collection and reuse techniques, without the prior written approval of DEQ.
Soil
j. No activity that disturbs soil, CCPs, or mixed soil and CCPs 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 13.a. above while fully
protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 18 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 13.e.
k. No use other than the on -property uses of the Brownfields Property as of the effective date of this Agreement 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, approved engineered cap or approved
engineered earth retention system (e.g., retaining wall) as specified in paragraph 11 above, or asphaltic or concrete parking areas and
driveways of the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced in
paragraph 17 of this Agreement.
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 13.e.
in. The Brownfields Property may not be used for community garden purposes unless said garden is constructed
entirely within raised beds so as not to disturb the engineered cap, CCPs, or CCP-impacted soil, unless compliance with this land use
restriction is waived in writing in advance by DEQ.
n. No new building may be constructed nor occupied on the Brownfields Property, without the prior written approval
of DEQ, except in areas where an underlying geotextile material and an engineered cap consisting of a minimum of two feet of
compacted, demonstrably clean fill (as demonstrated through pre -installation sampling and geotechnical testing), and an engineered
earth retention system in accordance with the DEQ-approved design plans referenced in paragraph 11 and subparagraph 13.d. above,
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 13.a. above and that public health and the
environment are fully protected, and that said engineered cap and engineered earth retention system shall be monitored, maintained,
and left undisturbed other than through normal use.
o. When structural fill, including CCP and CCP-impacted soil, at the Brownfields Property is capped and contained
behind an earth retention system as specified in paragraph 11 above, a written report as described in subparagraph 1 Lb. above
verifying the installation of the engineered cap and engineered earth retention system, confunung the compaction and final grade
thickness and elevations, and summarizing any sampling or geotechnical testing of the engineered cap, cap materials, and/or earth
retention system in areas that will not be covered by buildings or other impermeable surfaces prior to the Brownfields Property reuse
shall be submitted to DEQ no later than 30 days following installation. The report shall also contain a plan for the inspection and
maintenance of the remedy components. 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.
Property Access
p. 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.
Abandonment of Monitoring Wells
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields q. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs
Property and the proper disposition and handling of any soil, CCPs, or mixed soil and CCPs excavated from the Brownfields Property first, Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other man-made
during redevelopment; and points of groundwater access at the Brownfields Property, except those wells required for monitoring purposes as noted in
subparagraph 13.h. above and as identified as downgradient monitoring wells MW-3A, MW-4A, and MW-6 in accordance with
v. stormwater run-on and run-off controls pursuant to applicable local and State permitting requirements. Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30
days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical
redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), the then owner of the Brownfields Property shall provide DEQ a report on environment -related activities since the
last report, with a summary and drawings, that describes:
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).
Damage to Wells
T. Except for the work related to subparagraph 13.q. above, the owner of any portion of the Brownfields Property
where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
the owner shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ,
unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
Notifications upon Transfer
s. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice:
"This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Orange 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 bf
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
t. 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 products and materials customarily used and stored in municipal service center, office,
retail, recreational, associated parking, transit, and with prior written approval from DEQ, other commercial use environments,
provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable
laws; and
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in
on -board tanks integral to said equipment, or in flammable liquid storage containers totaling no more than 25 gallons.
Other Prohibited Uses
u. The Brownfields Property may not be used for ground -contact sports of any kind, including, but not limited to, golf,
football, soccer, and baseball unless such ground -contact sports are solely conducted in areas that have been addressed to DEQ's prior
written satisfaction in accordance with the remedy described in paragraph 11.
v. The Brownfields Property may not be used for kennels, dog parks, private animal pens or horse -riding unless
approved in writing in advance by DEQ.
w. The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ.
Land Use Restriction Update
x. During January of each year after the year in which the Notice referenced below in paragraph 17 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 Orange County, certifying that, as of said January 1
the Notice of Brownfields Property containing these land use restrictions remains recorded at the Orange 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 owne
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. the data acquired from periodic monitoring of downgradient wells MW-3A, MW-4A, and MW-6 references
in subparagraph 131. above for a period of time before and following the completion of the final remedy that is consistent with a
groundwater monitoring work plan, including a schedule, that has been prepared to DEQ's written satisfaction;
iv. whether any engineered soil caps and retaining walls installed pursuant to subparagraph 13.n. above are
being maintained such that they are intact, uncompromised, in good condition, and continuing to serve as barriers to the CCPs, and
impacted soil contamination in relation to which they were installed; and
v. A LURU submitted for rental units shall include enough of each lease entered into during the previous
calendar year to demonstrate compliance with lessee notification requirements in paragraphs 18 and 19 of this agreement provided th
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.
LANDMOR ONE OR W. IMOREEE IISTINCPAP,WIYNTSCII F kE
NEW STREETELS OR �HANGE
AN EXISTING STREET. j� F(�
WITNESS MY ORIGINAL SIGI;I.{1�RE�IJ1?`S� �AJr I �I D�l OF SALES AD 20
THIS DOCUMENT WAS PREPARED FOR
PROFESSIONAL LAND SUR\ijo�)STRATION PURPOSES ONLLY4586
REVISIONS:
1. DEQ COMMENTS 04/01/24
2. DEQ COMMENTS 05/07/24
SHEET
SOPS
EXHIBIT B
TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAT
BROWNFIELDS PROJECT NAME: CHAPEL HILL POLICE PROPERTY
BROWNFIELDS PROJECT NUMBER: 23022-19-068
CHAPEL HILL TOWNSHIP, ORANGE COUNTY NORTH CAROLINA
SURVEY BY: JAMES W. HUGGINS, PLS
SCALE: NOT TO SCALE
DATE:
4/28/2023
PIN:
9789-41-3949
DRAWN BY:
JH/DJF/TJ
FILE NAME:
CHPDBROWNFIELDS.dwg
PROPERTY OWNER/PROSPECTIVE DEVELOPER:
SITE ADDRESS:
TOWN OF CHAPEL HILL
828 MARTIN LUTHER KING JR BLVD
405 MARTIN LUTHER KING JR BLVD
CHAPEL HILL,NC 27514
CHAPEL HILL, NC 27514

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING AT AN EXISTING IRON PIPE ON THE EAST RIGHT OF WAY OF MARTIN
LUTHER KING, JR. BOULEVARD, SAID IRON PIPE ALSO BEING LOCATED NORTH
21005' 12" EAST A GRID DISTANCE OF 1700.25' OF NCGS MONUMENT "BIKE" (PID
EZ2788); THENCE WITH SAID RIGHT OF WAY NORTH 04°48'04" WEST A DISTANCE
OF 416.33' TO AN IRON PIPE AT THE INTERSECTION OF THE SAID RIGHT OF WAY
AND THE RIGHT OF WAY OF BOLINWOOD DRIVE; THENCE WITH THE RIGHT OF
WAY OF BOLINWOOD DRIVE SOUTH 78013'31" EAST A DISTANCE OF 219.02' TO AN
IRON PIPE; THENCE WITH SAID RIGHT OF WAY SOUTH 70°16'15" EAST A DISTANCE
OF 95.27' TO AN IRON PIPE; THENCE SOUTH 60015'03" EAST A DISTANCE OF 231.2 F
TO AN IRON PIPE; THENCE SOUTH 37' 14'17" EAST A DISTANCE OF 331.37' TO AN
IRON PIPE; THENCE LEAVING SAID RIGHT OF WAY AND WITH THE COMMON LINE
OF MARTIN V. HORTON ET AL SOUTH 01 032'22" WEST A DISTANCE OF 477.1 F TO A
POINT IN BOLIN CREEK AND PASSING THROUGH A SET IRON PIPE WITNESS 25.00'
FROM SAID POINT IN BOLIN CREEK; THENCE AND WITH BOLIN CREEK THE
FOLLOWING COURSES; NORTH 71022'58" WEST A DISTANCE OF 164.00'; NORTH
62025'58" WEST A DISTANCE OF 166.80'; NORTH 76059'58" WEST A DISTANCE OF
200.00'; NORTH 61 °59'06" WEST A DISTANCE OF 200.13' TO A POINT ON THE EAST
RIGHT OF WAY OF MARTIN LUTHER KING JR. BOULEVARD; THENCE WITH SAID
RIGHT OF WAY AND PASSING THROUGH A SET IRON PIPE WITNESS AT 50.00'
FROM SAID POINT NORTH 03056'24" EAST A DISTANCE OF 249.5P TO AN IRON PIPE,
THE POINT AND PLACE OF BEGINNING, CONTAINING APPROXIMATELY 447,704
SQUARE FEET OR 10.28 ACRES +/-.
Chapel Hill Police Property/23022-19-068/14Jun2024