19039_Oneida_Mill_Recorded_Docs_20170213

Property Owner: Pumpkin Hill Mill, LLC
Recorded in Book __ , Page __
Associated plat recorded in Plat Book 31_, Page ..llL.....l \\ 'L
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Oneida Mills
Brownfields Project Number: 19039-15-01
FILED
ALAMANCE COUNTY, NC
HUGH WEBSTER
REGISTER OF DEEDS
FILED
AT
BOOK
Feb 13, 2017
11:17:45 am
03631
START PAGE
END PAGE
INSTRUMENT#
EXCISE TAX
LD
0643
0680
25312
(None)
This documentary component of a Notice of Brownfields Property ("Notice"), as well as the plat
compo~ent, have been filed this ~ day of fe b rttP.,.r1 , 201..1 by ,Pw rt\ pk •Yl H', II M, l I , L-t-C.. ("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 219 W Harden Street in Graham, Alamance County, North
Carolina. It consists of one parcel totaling 6. 84 acres. The Brownfields Property will be used for multi-family
residential and associated parking.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as
Exhibit A. It 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, and is required by NCGS § lJOA-310.32. The
Brownfields Agreement's Exhibit 2 consists of one or more data tables reflecting the concentrations of
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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and other information regarding the Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11 ", 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 restrictions are hereby imposed on the Brownfields Property, and are as follows:
1. No use may be made of the Brownfields Property other than for multi-family residential and
associated parking. For purposes of this restriction, the following definitions apply:
a. "Multi-Family Residential" is defined as multi-unit human dwellings, such as duplexes,
triplexes, quadruplexes, condominia, or apartments. Single family homes or units with yards are
prohibited unless waived in writing by DEQ in advance; and
b. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for same.
2. Physical redevelopment of the Brownfields Property may not occur other than in accord, 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:
a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2;
c. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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soils excavated during redevelopment;
3. Within 90 days after each one-year anniversary of the effective date of this Agreement for as
long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall
fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property
shall provide DEQ a report subject to written DEQ approval on environment-related activities since the
last report, with a summary and drawings, that describes:
a. actions taken on the Brownfields Property in accordance with Section V: Work to be
Performed above;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
d. 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
e. 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).
4. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ.
5. No activity that disturbs soil on the Brownfields Property unless in accordance with an
approved EMP, may occur unless and until DEQ states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 15.a. in Exhibit A hereto
attached while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24 inches;
b. mowing and pruning of above-ground vegetation and;
c. 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.
6. No enclosed building may be constructed on the Brownfields Property and no existing building,
defined as those depicted on the plat component of the Notice of Brownfields Property referenced in
paragraph 20 in Exhibit A hereto attached, may be occupied until DEQ determines in writing that:
a. the building is or would be protective of the building's users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the
building's users, public health and the environment will be protected from risk from vapor intrusion
related to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction
of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on
a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures. The design specifications
shall include methodology(ies) for demonstrating performance of said measures.
7. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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relation to particular buildings, no use of the Brownfields Property may occur prior to demolition and/or
renovation of any or all buildings on the Brownfields Property depicted on the plat component of the
Notice referenced in paragraph 20 in Exhibit A hereto attached 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.
8. Physical redevelopment of the Brownfields Property may not occur other than in accord, 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:
a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2;
c. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.
9. 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.
10. Any deed or other instrument conveying an interest in the Brownfields Property shall contain
the following notice: "This Brownfields Property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Alamance County land records, Book
__ , Page __ ." A copy of any such instrument shall be sent to the persons listed in Section XV
(Notices and Submissions), though financial figures related to the conveyance may be redacted.
Prospective Developer may use the following mechanisms to com ply with the obligations of this
paragraph, subject to the terms and conditions that DEQ may establish in such approval: (i) If every
lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease
or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to
the persons listed in Section XV (Notice and Submissions); or (ii) Prospective Developer may provide
abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
11. 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:
a. in de minimis quantities for cleaning and other routine housekeeping activities;
b. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage
containers totaling no more than 25 gallons; and
c. as fuel or other fluids customarily used in vehicles, landscaping equipment and
emergency generators.
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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12. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, Prospective Developer shall abandon monitoring wells (except for Monitoring Well (MW-7)
and (MW-8) for which it will contact DEQ prior to conducting any abandonment), injection wells,
recovery wells, piezometers and other man-made points of groundwater access at the Brownfields
Property, 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.
13. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be
responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable
to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
14. During January of each year after the year in which the Notice referenced in paragraph 20 in
Exhibit A hereto attached is recorded, the owner of any part of the Brownfields Property as of January
1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Alamance County, certifying that, as of said January
1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the
Alamance County Register of Deeds office and that the land use restrictions are being complied with, and
stating:
a. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail
address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;
b. the transferee's name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address, if said owner transferred any part of the Brownfields Property during the
previous calendar year;
c. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.e.iii in Exhibit A hereto attached are performing as designed, and whether the uses of
the ground floors of any buildings containing such vapor barrier and/or mitigation systems have
changed, and, if so, how; and
d. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraph 22 in Exhibit A hereto attached.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ
official referenced in paragraph 35.a. of Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or
contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use
restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be
enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil
action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by
any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability
protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of
the Secretary ofDEQ (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
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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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 § BOA-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.
d.. IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
-1:._ day of f (l.-b r .-..Pov 1 , 201 _]_.
By:
NORTH CAROLINA
fo!')l-\V\ COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: R, \ C.~\ii\rc:\ At\J v\o
Date: 2 \·;\·WV::\-
19039-15-01 / Oneida Mills
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires: \ \ \ ':> \ ·7.o 'J1>
BF NBP Oneida Mills
6
By:
************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice ofBrownfields Property is hereby approved and certified.
North Caroli~a D.epartrne~t of~nvironrnental Quality
I jJ ~~# · C---· ~~ hfy,.,, c~i,1/
Micha E. Scott .
Director, Division of Waste Management
Date
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********************************
CERTIFICATION OF REGISTER OF DEEDS
The foregoing documentary component of the Notice of Brownfields Property, and the associated plat,
are certified to be duly recorded at the date and time, and in the Books and Pages, shown on the first page hereof.
Register of Deeds for ________ County
By: ___________________ _
Name typed or printed: Date
Deputy/ Assistant Register of Deeds
19039-15-01 I Oneida Mills BF NBP Oneida Mills
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Pumpkin Hill Mill, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project# 19039-15-01
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I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Oneida Mills
219 W. Harden Street
Graham, Alamance County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Pumpkin Hill Mill, LLC ( collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the Property located at 219 W Harden Street in Graham, North Carolina (the
"Brownfields Property"). A map showing the location of the Brownfields Property which is the
subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Pumpkin Hill Mill, LLC, a member-managed, limited
liability company with its principal office located at 463 Yi Carolina Circle, Winston Salem,
North Carolina. Mr. Richard Angino is the Principal Officer of Pumpkin Hill Mill, LLC.
Pumpkin Mill, LLC intends to develop the Brownfields Property for no use other than for multi-
family residential and associated parking.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Pumpkin Hill Mill, LLC for contaminants at the Brownfields property.
The Parties agree that Pumpkin Hill Mill, LLC' s entry into this Agreement, and the
Brownfields Project# 19039-15-0 I BF A Oneida Mills _Exhibit A
actions undertaken by Pumpkin Hill Mill, LLC accordance with the Agreement, do not constitute
an admission of any liability by Pumpkin Hill Mill, LLC. The resolution of this potential
liability, in exchange for the benefit Pumpkin Hill Mill, LLC shall provide to DEQ, is in the
public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. "Brownfields Property" shall mean the Property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Pumpkin Hill Mill, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel (parcel ID 145558) totaling 6.84
acres. Prospective Developer has committed itself to redevelopment for no uses other than
multi-family residential and associated parking.
4. The Brownfields Property is bordered to the north by West Market Street and an auto
body shop and single-family residences beyond, to the east by commercial buildings and North
Maple Street beyond, to the south by West Harden Street with commercial buildings including
drycleaners beyond, and to the west by Oneida Street and commercial buildings and single-
family residences beyond.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
2
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
Title Prepared by Date of Report
Notification of Removal of GSX Tank Management, Inc. April 5, 1989 Underground Storage Tank
UST Closure Report GSX Tank Management, Inc. July 17, 1989
Soil Remediation Operations Report Four Seasons Environmental, November 15, 1993 Inc.
No Further Action NCDEHNR July 25, 1994
Comprehensive Site Assessment Aquaterra Engineering, Inc. March 16, 2000 Report
Corrective Action Plan Waters Edge Environmental, April26,2002 LLC
January 2006 Groundwater Sampling Waters Edge Environmental, February 17, 2006 Report LLC
Additional Assessment Requirements NCDENR November 23, 2009 Letter
Prioritization Assessment Report -Hart & Hickman June 15, 2010 Impressive Cleaners
Off-Site Vapor Intrusion Assessment Hart & Hickman November 30, 2010 Results
Phase I Environmental Site Geotechnical & Environmental October 2, 2013 Assessment Consultants, Inc.
Phase II Environmental Site Geotechnical & Environmental October 2, 2013 Assessment Oneida Mills Consultants, Inc.
Oneida Mills Civil Plans West Consultants PLLC May 12, 2015
Phase I Environmental Site Mineral Springs September 16, 2015 Assessment Environmental, PC
Letter Report for the Proposed Sub Mineral Springs Slab Vapor Mitigation System Oneida January 8, 2016
Mills Environmental, PC
Environmental Management Plan Mineral Springs January 12, 2016 Environmental, PC
Indoor Air Sampling Report Mineral Springs July 13, 2016 Environmental, PC
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property was initially developed in the 1800s as a textile mill,
which was operated as a cotton mill and yarn throwing operation. Oneida Mills owned and
operated the facility from around 1898 to the 1930s. In the late 1930s to 1940s, the Brownfields
3
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
Property was purchased by Burlington Mills, which continued operations as a cotton mill.
During their occupation of the Brownfields Property until the 1950s, Burlington Mills shifted
their operation to rayon manufacturing. Kayser-Roth Hosiery Co. purchased the Brownfields
Property and began operating there in the 1950s, continuing the rayon manufacturing process
until at least 1994. In addition to the Brownfields Property's use as a textile mill, associated
warehousing and trucking activities have occurred on the Brownfields Property. In the 1970's
Kayser-Roth began using the facility primarily as a truck transportation terminal. Since the mid
to late l 990's, the Brownfields Property has been vacant and no operations other than
environmental sampling have occurred. The Brownfields Property is currently owned by the
Prospective Developer, who purchased the Brownfields Property from Jay Burke Rentals, Inc. on
October 28, 2015, to whom Kayser-Roth sold the Brownfields Property in 2008.
b. Based on historical Sanborn Fire Insurance Maps, at the time of initial
development three buildings were present on the Brownfields Property; these buildings had a
smaller footprint than the buildings currently present on the Brownfields Property. Along with
the buildings there were a number of above ground storage tanks, some of which were used for
sprinklers and hydrants. The maps also showed some dwellings, a dye house, waste houses, a
drug and oil house, one on-site well, coal-fired boilers, and an electrical transmission station.
From initial development to the present configuration of buildings on the Brownfields Property,
a number of features were added or removed. The number of above ground storage tanks used
for the sprinkler system has varied, and a 225,000-gallon water reservoir for the sprinkler system
was added. Information on the map indicated the fuel source for the site was coal. Two (2)
railroad sidings were shown on the Brownfields Property. The boilers on the Brownfields
Property have since been converted to natural gas powered equipment. Around the 1940s, some
4
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
of the smaller buildings were joined to create a building footprint closer in size and location to
the present configuration. Asphalt and concrete paved parking and driveway areas surrounded
the buildings.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property is listed under the Resource Conservation and
Recovery Act (RCRA) as a non-generator, meaning that no hazardous waste is currently being
generated at the Brownfields Property.
b. The Brownfields Property is listed as a State Hazardous Waste Site (SHWS)
with the Inactive Hazardous Site Branch (IHSB) ofDEQ (Incident# 21742) due to the presence
of chlorinated solvents in the groundwater and soil at the Brownfields Property. The source of
the chlorinated solvents appears to be related to dry cleaner operations located directly across W.
Harden Street to the south of the Brownfields Property. The dry cleaner property Impressive
Cleaners is being addressed through the Dry Cleaning Solvent Cleanup Program (DSCA).
c. In May 1989, an 11,000-gallon underground storage tank (UST) was removed
from the Brownfields Property by GSX Tank Management, Inc. The results of soil testing below
the UST indicated that the extraction was "clean" (had no indication of contamination). The
excavation was backfilled with new "clean" fill material.
d. In September 1993, 1007.32 tons of petroleum-impacted soil were removed by
Four Seasons Environmental, Inc. Impacted soil was removed from the area around the former
12,000-gallon above ground storage tank (AST) and a 7,500-gallon AST, both containing No. #5
fuel oil formerly located in the area between a boiler house connected to the northern section of
the yam warehouse and the southern section of the warehouse. These two AS Ts were removed
5
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
from the Brownfields Property in November 1993 by Four Seasons Environmental, Inc. Also
removed at this time were 80 tons of uncontaminated concrete support pillars (used for support
of the former ASTs) and 3.05 tons of contaminated debris, including abandoned fuel lines and
natural gas lines that were encountered during soil remediation activities. Impacted soils and
other materials removed from the Brownfields Property were transported to appropriate disposal
facilities based on their classification. A No Further Action (NF A) letter for these removal
actions was issued by DEQ's predecessor NCDEHNR, in July 1994.
8. Environmental information regarding groundwater, soil, and soil vapor at the
Brownfields Property are included in Exhibit 2.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BP A) dated June 1, 2015, and
purchasing the Brownfields Property on October 28, 2015.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
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)(l );
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
6
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(l), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(l), and, within the meaning ofNCGS § 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.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
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Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the transformation of a blighted property into affordable housing for the
workforce and families of the area;
d. attraction of wage earners;
e. an increase in tax revenue for affected jurisdictions; and
£ "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice ofBrownfields Property referenced below in paragraph
8
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
20, Prospective Developer shall impose the following land use restrictions under the Act,
running with the land, to make the Brownfields Property suitable for the uses specified in this
Agreement while fully protecting public health and the environment. All references to DEQ
shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for multi-family
residential and associated parking. For purposes of this restriction, the following definitions
apply:
i. "Multi-Family Residential" is defined as multi-unit human dwellings,
such as duplexes, triplexes, quadruplexes, condominia, or apartments. Single family homes or
units with yards are prohibited unless waived in writing by DEQ in advance; and
ii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, 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. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
9
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination ( e.g., US Ts, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues ( except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials ( for example, concrete, demolition debris) from the Brownfields Property ( copies of all
10
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
legally required manifests shall be included).
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval ofDEQ.
e. No activity that disturbs soil on the Brownfields Property unless in accordance
with an approved EMP, may occur unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation and;
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.
f. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
11
Brownfields Project # 19039-15-0 I BF A Oneida Mills Exhibit A
by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
g. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, no use of the Brownfields Property may
occur prior to demolition and/or renovation of any or all buildings on the Brownfields Property
depicted on the plat component of the Notice referenced in paragraph 20 below 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.
h. Physical redevelopment of the Brownfields Property may not occur other than
in accord, 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
12
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
i. 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.
j. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This Brownfields Property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice ofBrownfields Property recorded in the
Alamance County land records, Book __ , Page __ ." A copy of any such instrument shall be
sent to the persons listed in Section XV (Notices and Submissions), though financial figures
related to the conveyance may be redacted. Prospective Developer may use the following
mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions
13
Brownfields Project# 19039-15-01 BF A Oneida Mills_ Exhibit A
that DEQ may establish in such approval: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
k. 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
activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
I. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells ( except for
Monitoring Well (MW-7) and (MW-8) for which it will contact DEQ prior to conducting any
abandonment), injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
14
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
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.
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Alamance County, certifying
that, as of said January 1st, the Notice ofBrownfields Property containing these land use
restrictions remains recorded at the Alamance County Register of Deeds office and that the land
use restrictions are being complied with, and stating:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.e.iii above are performing as designed, and whether the uses of the ground
15
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
iv. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraph 22 of this agreement.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch ofDEQ's Superfund Section and Division of
Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.h. 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
16
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
applicable law, which access is to be conducted after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement Prospective Developer shall file the Notice ofBrownfields Property in the Alamance
County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice ofBrownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Alamance County land records, Book __ , Page __ ." A copy of any such
17
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures related to the conveyance may be redacted. Prospective Developer may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease and
rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease
or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notice and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sub lessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VIL DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, and shall, comply with any applicable notification requirements
underNCGS § 130A-310.1 and 143-215.85, Section 103 ofCERCLA, 42 USC§ 9603, and/or
any other law, and immediately notify the DEQ Official referenced in paragraph 35.a below of
18
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated June 1, 2015 by which it applied for this Agreement.
That use is multi-family residential and associated parking. Prospective Developer also certifies
that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all
information known to Prospective Developer and all information in the possession or control of
its officers, directors, employees, contractors and agents which relates in any way to any past use
of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice ofBrownfields Property required
19
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
under NCGS § l 30A-3 l 0.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
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 ofremediation 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
20
Brownfields Project# 19039-15-0 I BF A Oneida Mills Exhibit A
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields PropertyunderNCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § l 30A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice ofBrownfields Property.
21
Brownfields Project# 19039-15-0 I BFA Oneida Mills_Exhibit A
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. This Agreement in no way constitutes a finding by DEQ as to the risks to public
health and the environment which may be posed by regulated substances at the Brownfields
Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose,
nor a waiver of Prospective Developer's duty to seek applicable permits or of the provisions of
NCGS § 130A-310.37.
32. Except for the Land Use Restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(l )-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
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
22
Brownfields Project # 19039-15-0 I BF A Oneida Mills_ Exhibit A
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 ofDEQ. To the extent DEQ
retains any copies of such documents, Prospective Developer retains all rights it then may have
to seek protection from disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. forDEQ:
Lebeed Kady (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Richard Angino (or successor in function)
Pumpkin Hill Mill, LLC
463 Yi Carolina Circle
Winston-Salem, NC 27104
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
23
Brownfields Project# 19039-15-0 I BF A Oneida Mills_ Exhibit A
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving it, 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 of 15 days following such receipt. If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
3 7. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-3 l 0.37(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.
24
Brownfields Project# 19039-15-0 I BFA Oneida Mills_Exhibit A
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of service of the complaint on it.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last to occur of the following: 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.
25
Brownfields Project# 19039-15-0 I BFA Oneida Mills_Exhibit A
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Director, Division of Waste'
Pumpkin Hill M'
By:
Richard Angi o
Principal Officer
Brownfields Project# 19039-15-0 I
Date
26
BF A Oneida Mills_ Exhibit A
This map is not a certified survey and has
not been reviewed by a local government
agency for compliance with any applicable
land development regulations.
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Exhibit 1
TOPOGRAPHIC SITE MAP
ONEIDA MILLS SITE
GRAHAM, NORTH CAROLINA
EXHIBIT1
m1NERAL
SPRINGS
environmental, p.c.
DRAWING NO. 1
PPsuRvEvf NG
PLLC, P-0956
Adam Plumley L-4959
704.477.3603
425 Elam Rd.
Lawndale, NC 28090
[e-mail]
apsurveyingpllc.com
EXHIBIT B to the Notice of Brownsfields Property
-SURVEY PLAT -
CURRENT OWNER
PUMPKIN HILL MILL LLC
(DB 3475 PG 809)
PIN 8884056108
219 W. HARDEN ST
GRAHAM, NC SHEET 1/2
PROJECT DATA
PROJECT LOCATION REFERENCES JURISDICTIONAL
19 w. Harden St. DEED BOOK -PAGE LIMITS
roham NC, 27253 DB 2722 PG 613 City of Graham
roham Township and as shown WATERSHED o
lamance County none c
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'"==-==-=-==~,--:!::-=-:-...__...__-'-~~----i GRID SCALE POINT
t-:--:-:----:--=-=-=--::--:c---------1 N:845202.22
1----'-.c.....=..c.<....;;;..c..:..;;...;;..;...;._ ______ ---l E:1880446.12
BASIS OF BEARINGS CF-0.9999448
(degrees, min, sec)
NAO 83 2011 NC3200 All other points
1-------------------1have ground
DISTANCE UNITS
U.S. Survey feet: horizontal at
round unless noted as grid.
O 60 1" = 60'
coordinates unless
noted as grid
120 180
SURVEYORS CERTIFICATE
21 NCAC 56.1604 Boundary Survey 21 NCAC 56.1607 GPS Survey
"I Adam M Plumley, PLS L-4959, Do hereby certify that this plat was drawn
under my supervision from an actual field surv!)y_p~rformed under my
supervision, on these references AS SHOWN .
"I, Adam M Plumley PLS L-4959, certify that the grid orientation for this
project was acquired from an actual GPS survey performed under my
direct supervision. The follQWing information was used to perform this
survey/' The boundaries not surveyed are drawn from the references as shown and
indicated by the linetype --
The Ratio of Precision or Positional Accuracy is 1 /20,000+
(1) Class: A (2) Positional accuracy(95%): H-0.09', V-N/A'
(3) GPS field procedure: NCGS RTN
I further certify that this survey meets the requirements of the Standards of
Practice for Land Surveying in North Carolina (21 NCAC 56.1600)."
( 4) Field Dates:3/30-4/2/15, 714116 (5)Datum/Epoch: NAD 83 2011
(6) Published/Fixed-NCGS RTN
G.S. 47-30
Section (f)(11 )(c)(1 ), This survey is of an existing parcel
and does not change or create a street.
(7) Geoid model: 12A (8) Combined factor: 0.9999448
(9) Units: U.S. Survey feet
This plat is for recordation as set forth in NC General Statute 47-30 as ~~Ki!lli!Jt11,, 1 ,,, CARo ,,, ,,~ '<' ......... l; ,,.,.,.
~~-·."~SSto ··1 ~ _:::: C : 0 '< ... .,. . °Y ~
::~: Cl:" SE~L < ·. -• a.. 9 . -= · L-495 J..,c • -- . \""b . -:::. ·. < \ \.\~ .._ : ::: -. .,. ... <c,·.i...-~ .:.·.J) SU~-.\ .. ~~-:--' .... ,, -.'l)... • . • . . . . '\.¥ ,'· / --,•4 u n\.V , , /If"' M. l" ,\ '.
I '· ' .
SYMBOLS
@ AX-axle found
@ IPF-iron pipe found e IRF-iron rod found 8 PKS-nail set in pavement
8 RF-rebar found
® RS-rebar set
O UMP-unmarked point
+uP-utility pole
@ WM-water meter
@ SMH-sewer manhole
--0-F"H-fire hydrant
1/-LP-light pole
g SD-storm drain
@ FDC-fire dept connection
@ GV-gos valve
TMH-telephone manhole @ DMH-drainage manhole
® WV-water valve
o CB-catch basin
EB BORE-bore location opi:iroximote .A VAPOR-vapor test location approximate
@ MW-monitoring well
IVIMS-vopor intrusion mitigation system
00 m ·i 8
VICINITY MAP
NOTTO SCALE
00
"' W. Market St
PROJECT
AREA •
W. Harden St
~
AG-above grade; AC-acreage; BG-below grade; BR-back reference; CF-combined foctor; DB-deed book; DOT-department of transportation; NTS-not to scale; OPUS-Online Positioning Users Service; PB-plat book; PG-page; R/W-right of way; SPC-state plane coordinates; SQFT-square feet; TIE-survey tie line;N/A-none available;
NAD83-North American datum of 1983; NAVD88-North American vertical datum of 1988 NC-North Carolina; NCGS RTN-North Car. Geodetic Survey Real Time Network; NGS-Notianal Geodetic Survey; AD-approximate direction; AL-approximate location; CMP-conrugated metal pipe; DIP-ductile iron pipe; RCP-reinforced concrete pipe;
VCP-vetrified clay pipe; OVH-overhead ABBREVIATIONS
1---------------surveyed line
---11• uN 11E uNE----tie line only
.,..,.=.,..,.====.,..,.-===.,..,.m=~building
..... ~~~ ..... ~~~ ...... ~~~,..,.~~shed
---chainlink fence
fence
--PIII---Pll!---Pl«---Plll--right of way ---centerline
sidewalk
____ ., ______ ..... , ____ edge of concrete pad
---------------edge of asphalt ~ ---deedline not surve ed
-Area by coordinate geometry NOTES :
-No recorded r/w's or easements were provided or found concerning the utilities shown, unless noted other.Hise.
-Utilities shown on map were surveyed from observable above ground features andfor paint and flag markers. Actual size, depth, and alignments should be verified by the owner of the utility.
~ There may exist other documents of record, unwritten rights, burdens, easements, restrictions, claims to title, or other unknown factors not discovered during survey. -NC DOT right of ways are plotted from the center of the paved surfaces for the roads shown and the width and location are approximate, unless noted otherwise.
.., Parcel is subject to setback's, resbictive covenents, ordinances and other existing documents of record. ~ Visible, above ground improvements and utilities were located and shown herein. However, there may be utilities, fuel tanks, septic tanks, wells, structures, piping, or other improvements
located on the subject property not discovered during this survey. No visible above ground evidence of a cemetary on the subject property was discovered at time of this survey.
-Utility locate was called in to NC One Call 811. Ticket #"s C150980373-00C, C150980387-00C. C150981228-00C, C150981232-00C. Locators did not mark any of the utilities requested.
-Current address is 219 West Harden St, Graham NC 27253 --=-"-'--l!JII.I-""
-Property is zoned R-MF multi family housing. Building setback requirements are: Front -30' for single family and two family dwellings -25' for multi family dwellings (see
section 10.246 # 9 of the City of Graham Development Ordinances). Side -8" for single and two family dwellings -25' for multi family dwellings (see section 10.247 of the
City of Graham Development Ordinances). Side abutting street-15' for single and two family dwellings -25" for multi family dwemngs {see section 10.247 of the City of
Graham Development Ordinances), Rear-20% of the lot depth for single and two family dwellings, see notes 1 and 2 section 10.246
-25" for multi family dwellings (see section 10.246 # 9 of the City of Graham Development Ordinances) Height-35' (for single-family and two family dwellings). Minimum
lot area square feet -7.000 for single family dwelling -11.000 for two family dwellings -15.000 for 3 dwelling units -17.000 for 4 dwelling units; add 1500 for each dwelling
unit in excess of 4. Minimum lot width -60' for single family dwelling -BO' for two family dwellings -95' for multi family dwellings. Floor space area -The total ground area
cover!)d by the buildings and all accessory buildings including any roofed area, shall not exceed 40% of the total lot area (see section 10.136 item #18). Requirements
statejll above are from the City of Graham Development Ordinances, Section 10.245 Area, Height.and Yard Regulations dated June 1, 1999, Reference to this
document and consultation with the City of Graham should be made for full detail and further explanation of the requirements of the City of Graham. Zoning
classificaUon was taken from a zoning letter from the City of Graham dated September 19, 2014.
-The North East corner of the building located on the East side of the property is located 0.13 feet East of the boundary line.
-The chain link fence running along the Northern section of the Eastern boundary protrudes onto the 15· alleyway 2.1 feet.
-The North East comer of the brick wall around the staircase at the South Eastern comer of the property is located 0.19 feet East of the boundary line.
-There is an easement in favor of Southern Bell Telephone and Telegraph Company recorded in Book 179 page 119. the location of this easement can not be
determined from the record documents or verified by evidence found at time of survey.
-This survey is an expression of professional opinion regarding the facts of the survey and does not constitute a warranty or guarantee, expressed or implied.
-Monitoring well locations were observed utilizing GNSS receiver and corrections from the NCGS network on July 14, 2016. The monitoring wells shown hereon are also
shown on map by Mineral Springs Enviromental, P.C. entitled" Site Map with proposed vapor mitigation system layout, buildings 2,3,4-ground floor, Oneida Mills.
Graham North Carolina" dated December 2015. The locations of Bores were unable to be recovered due to grading and construction on site. The locations of the Bore
and Vapor points shown hereon are scaled from a map by Geotechnical & Enviromental Consultants, INC. entitled " Figure 2; Sample Location Plan Oneida Mills Lofts,
Graham, Alamance County. North Carolina GEC Job No. 130524.241" said map affixed to PHASE II ENVIRONMENTAL SITE ASSESSMENT by GEC dated October
3, 2013. The KRB locations shown hereon were unable to be recovered and the locations shown hereon are scaled from a map by Waters Edge Environmental, LLC
entitled "Total voe Concentrations in Soil Former Kayser-Roth Transportation Facility, Graham, North Carolina, dated February 26, 2016. Tables set forth on sheet 2
were provided in Exhibit 2 from the Environmental Reports dated September 12, 2013. The areas and types of contamination depicted hereon are approximations derived
from the best available information provided to the surveyor at the time of survey.
-This site is currently under construGtion, utilities and improvements shown hereon may have been removed and/or new utilities installed after the survey.
DESCRIPTION FROM SURVEY
A CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE City of Graham, Graham Township,
Alamance County, North Carolina, adjoining the 66 foot right of way of West Harden Street, the 30 foot
right of way of Oneida Street, the 36 foot right of way of Market Street, a 15 foot alley and others and being
more particularly described as follows: BEGINNING at a nail set in the sidewalk, formerly a cross cut in
concrete sidewalk at the intersection of the western margin of the aforesaid 15 foot alley with the northern margin of the
66 foot right of way of West Harden Street, Said beginning point being located N 87*29"30" W 15.11" from the
southwest comer of the building lying East of the 15' alley, Thence from said beginning point, North 88*34'11" West 587.19
feet to a chiseled x mark in the sidewalk, located at the intersection of the northern margin of the 66 foot right of way of
West Harden Street with the eastern margin of the 30 foot right of way of Oneida Street, running thence with the eastern
margin of the 30 foot right of way of Oneida Street, North 0*26'30" East 520.95 feet to a nail set in pavement, located at the
intersection of the eastern margin of the 30 foot right of way of Oneida Street with the southern margin of the 36 foot right of
way of Market Street; running thence with the southern margin of the 36 foot right of way of Market Street,
South 88*36'05" East 354.95 feet to a 1" iron pipe found. located in the southern margin of the 36 foot right of way of Market
Street; running thence South 1*38'53" East 64.61 feet to a 3/4" iron pipe found; thence South 70*39'07" East 108.70 feet to
a 1 /2" rebar set; thence North 0*2"18" West 100. 72 feet to a 1 .. iron rod found, located in the southern margin of the 36 foot
right of way of Market Street; running thence with the southern margin of the 36 foot right of way of Market
Street, North 89*5D'25" East 125.10 feet to a 1/2" rebar set. located at the intersection of the southern margin
of the 36 foot right of way of Market Street with the western margin of the aforesaid 15 foot alley running thence
with the western margin of the aforesaid 15 foot alley, South 0•15•07" West 145.15 feet to a 1/2" rebar set; running
thence again with western margin of the aforesaid 15 foot alley, South O*Q6•oo .. West 382.25 feet to the point and
place of BEGINNING. The above description is the same property described in Deed Book 2722 Page 613 of the
Alamance County Registry and shown an a plat of survey prepared by Alley, Williams, Carmen& King, Engineers
& Architects, L.A. Alley, Civil Engineer dated 7/31/64 entitled "Plat Showing Property of West Harden Street
Corporation, Graham, North Carolina, .. Jab Number 88-64.
FILED
ALAMANCE COUNTY, NC
HUGH WEBSTER
REGISTER OF DEEDS
FILED
AT
BOOK
Feb 13, 2017
11:15:45 am
00078
0181
0181
25310
(None)
START PAGE
END PAGE
INSTRUMENT#
EXCISE TAX
@~~!so
E:1880244.12
LO --IWI ~---R!II---Pl'!I
tc2r the purposes of NCGS 130A-310.35
Filed for registration on ___ day of _____ _
AD .. 20_ at ___ O"clock ___ . and registered in the
office of the Register of Deeds. County NC in
Book Page _________ _ Date -'µ/ 7
Register of Deeds (designee) Date
j
I •1
~I
C')
s co a:,(!) (.) c.. -('\) ..J ('\)
aJ I'--:::> ('\) c.. aJ
b O (") z
f--lli--'--w, 0 UJ UJ a:. (.) f-z
(I) UJ
<( i:r:. O UJ -U.. UJ UJ zi:r:.
0 (I) I <e
----overhead wire ---back curb ----~-----------underground electric ---roRcE MAI'""· -----FORCE MA.IN-Sewer force main
---SAN sswrn------SAN sEWER-sewer main
·-··---• --If-·····-··--water line
---= OAS gas line
---------------storm drain LINETYPES
"The areas and types of contamination depicted hereon are approximations
derived from the best available infonmation at the time of filing." S 59·.:s,1-'12" W
14.74' TIE'\
.Q1J7
.~~~~~-~.,.....[ · · · · BUILDING· . . ·.·.·. :: . ."f'ooTPRll~T
ADJOINING PARCEL 145559
PIN 8884057430
ALEJO HAI\RON
DB 1709 PG 845
PB 3 PG 96
LOT 159
· · · · · · · · · · · · · · ·. · by G_Ef>: · · :
.. : : . : ....... : . building "comer -is" located . . ..
:. :. ·: .. ·: .. ·::::i;;°ast0f.b0iJr-1cfaiy-iine·:: ... ........ •: <-: >:· -:-: :-:-:-:-:-P.~iP.~nc1)~~1~r~ffs~L:-<< :-:<·
.......................... :. : .. Q:.1;3'.· ......... ·...;,,..,·,·.
• • • • • • • • ' • ' ' • · • • • ' • • • • • • • ' ' ' • • • • ' ' ' f,1ed ,,;.,;!hdir( '
(ur>bio\m'P<Jii>ose)
A
I
ADJACENT PARCEL 145896
PIN 8884150363
THE MCVEY COMPANY, INC
DB 3176 PG 119
ADJACENT PARCEL 145895
PIN 8884150244
THE MCVEY COMPANY, INC
DB 3176 PG 119
·.·.·.·.· Gfoi:,fs···Lond-··Ar-ea-·-· .. :.:.· 5·,g25.·.Acr-es-·.·.·.·.·P1n1rc-1----~-----... :-: -:-:<-:-:-:-:·2973JCf·S:·:·Sq;<-f ~~C ·:· 0: ....
. ·:. ·. ·. ·. ·. ·. ·. ·:. ·G.t:Jij~l;'.t.i:r. ow~~-·.·.·.·.·.·.·.·.·.·.·.·.·.·.· .
. · .~lJMPKl~.t-JIJ.:J.:.~1.L.L. l,.l,.C QEl M7ti· PG !lOll. ·. ·. ·. ·. ·. ·.
· · · EXISTING PARCEL 145558 · ·-· ·: · :-: :-: ·: · :-: :· :-: ·: ·: ·: ·: ·: ·: -: · :-:~ir·iiafi.icii~1ri~:-: · :-: · :-: . : . :-:-: · :-: . :-:-: . :-:-:-:-: :-~
· · · ·.·: ·:: ·: · ·:::. ·:f>RJ;\!IOt!l:i"QW!''1.E~·: ·:::: ·:: ·:!:'i·
~~;::::1, .·:. : ... Ji:W.EWRl<.E.BEN.l:At.JUNC.:. ::. :.. :~
.... :.:: .. OS.27n.~G.6.1.3. : .. :.·:: ....
· · · · · · · · · a:A."CI< REFERENCES · · · · · · · · · · · · · · ·
..• : ·: ..... o:·:·11?4'-20.0(2002).859.-W6(1993i .. -:· .....
·. ·. ·. ·. ·: . ·. "3Zf,399(i 964.), PB. 3 ·pi:,_ W-.. LQ!S" .157. "j"5S-:.
i.-.-.Trr..i.+· ,'-I'· • ·• ·• ·• ·• ·• ·• •• {Map .enl1t1e·c1 '.'Pr.op.erty.of.Onelcla .Miits" •. ·. ·.
·. ·. ·. ·. ·. · WA c. Urtetler:g; .Consulting Er:igltieer.(1"936))". ·
. ·.·.·.The. NPrt.h An:iericiin. 0;3J:v1:i1" :1913.3 ·(20-1""1}. ·. ·. ·. ·. ·. · ·. ·
. ·.·.·.(Zone, Nor.th.Carohna .3200) ·was ·used. as .the.·.·.·.·.
: ·: ·: -~a~i$ :tWJ;!e~~ing: ~~-iJ'.l(s ·$uieyey; · :TJ'.ie :-: ·: ·: · • ·: ·: · • ·: ·:
... · Cornb.iued. Factor. i:s. o .. 99!:l944"8Jh.e. . ·. ·. ·. ·. ·. ·. ·. ·. ·. ·.
·. ·. ·:. · coovetgente ·tram .the.Measured Grid.Beatih"g. ·. ·. ·
p..-.,.......,..,· '"'" ..... · · · · : : . : J6 HieJtie-Record -o:eed Eiearlriiis:.: : . : : . : . : · · · · · ·
·.·.·.Counter•.Clockwise.3~33'11 ".atthe. iine. ·. ·. ·. ·
. ·.·.·.running. along West Hi.irden St~eet; 11.r. ·:. ·. ·. · ... :-:· -:s:s~3~:·-1-1·;·w~a1--:w·.· · · · · · · · :. ·. · · · · ·
),
I
ADJACENT PARCEL 145894
PIN 8884150156
JAMES & KIM GRIFFIN
DB 782 PG 821
FLOOD ZONE NOTE
By graphic plotting only, this property
,1,-....... ---~ is.JocatedJ!l Zone "X" of the Flood
Insurance Rate Map, Alama~
County, CID no. 370283,Panel No
/ 3710888400J which bears an effectiv
date of September 6, 2006 and is I NOT in a special flood hazard area.
I No field surveying was performed to
detenmine this Zone and an elevation
I certificate may be needed to verify thi
determination or apply for a variance
I from the Federal Emergency
· "'° · · · · · Management Agency. <if<·~·~·:-:-:·
· .:., "'·o ::, ,__. · WETLANDS NOTE . $ tf'/0::.<D.r.o· I ·:gj·~~Ei·:· ··sased on the US Fish and Wildlife
li·Ji al-"'·: / Service National Wetlands Inventory,
. f~-~-~-~-: there are no wetlands on the property. ·Z·z· · o·· · ·.~.a:.fil·a;·:g_-_ [Surveyor] has not perfDnmed any field
. ~:: -~· ~ ·::. investigations to determine the
·. ~. ·. · ."'?·. ·. ·. ·. ·. presence or absence of any wetlands Non.h East 1X1mor er , • -~~~=~·.·.· on the property.1
'
Easl of boundary. • • •
• lirie-0.191 • • • • • •
building comer
E: 1880903 .45
N>suRVEY,NG
PLLC, P-0956
Adam Plumley L-4959
704.477.3603
425 ElamRd. [e-mail]
Lawndale, NC 28090 apsurveyingpllc.com
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property
("Notice") that identifies any restrictions on the current and future use of a
Brownfields Property that are necessary or useful to maintain the level of
protection appropriate for the designated current or future use of the property
and that are designated in a Brownfields Agreement pertaining to the property.
This survey plat constitutes one of two components of the Notice pertaining to
the Brownfields Property depicted on this plat and recorded at the Alamance
County Register of Deeds' office. The other component of the Notice is a
document, to which the Brownfields Agreement for the subject property is
attached as Exhibit A; a reduced version of this survey plat constitutes Exhibit B
to that document. The following Land Use Restrictions, excerpted verbatim from
the Notice, 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 Environment and Natural Resources (or its successor in function),
or his/her designee, after the hazards have been eliminated, pursuant to NCGS §
130A-310.35(e):
1. No use may be made of the Brownfields Property other than for multi-family
residential and associated parking. For purposes of this restriction, the following
definitions apply:
a. "Multi-Family Residential" is defined as multi-uni! human dwellings, such as
duplexes, triplexes, quadruplexes, condominia, or apartments. Single family
homes or units with yards are prohib~ed unless waived in writing by DEQ in
advance; and
b. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same.
2. Physical redevelopment of the Brownfields Property may not occur other than
in accord, 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 llmltatton:
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2;
c. contingency plans for addressing, including without limitation the testing of soil
and groundwater. newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators,
soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
3. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property
continues (except that the final deadline shall fall 90 days after the conclusion of
physical redevelopment), the then owner of the Brownfields Property shall
provide DEQ a report subject to wr~n DEQ approval on environment-related
activities since the last report, with a summary and drawings, that describes:
a. actions taken on the Brownfields Property in accordance with Section V:
Work to be Performed above;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
d. 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
e. removal of any contaminated soil, waler or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of
all legally required manifests shall be included).
4_ Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
5. No activity that disturbs soil on the Brownfields Property unless in accordance
with an approved EMP, may occur unless and until DEQ states in writing, in
advance of the proposed activity, that said activity may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. in Exhibit A hereto
attached while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24 inches;
b. mowing and pruning of abov~mund vegetation and;
c. 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.
6. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice
of Brownfields Property referenced in paragraph 20 in Exhibit A hereto attached,
may be occupied until DEQ determines in writing that:
a. the building is or would be protective of the building's users, public health and
the environment from risk of vapor intrusion based on site assessment data or a
site-specific risk assessment approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in
writing by DEQ that the building's users, public health and the environment will
be protected from risk from vapor intrusion related to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced
by said engineer's professional seal on a report that includes photographs and a
description of the installation and performance of said measures. Any design
specification for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures. The
design specifications shall include methodology(ies) for demonstrating
performance of said measures.
EXHIBIT B to the Notice of Brownsfields Property
-SURVEY PLAT -
CURRENT OWNER
PUMPKIN HILL MILL LLC
(DB 3475 PG 809)
PIN 8884056108
219 W. HARDEN ST
GRAHAM, NC SHEET 2/2
7. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, no use of the Brownfields
Property may occur prior to demolition and/or renovation of any or all buildings
on the Brownfields Property depicted on the plat component of the Notice
referenced in paragraph 20 in Exhibit A hereto attached 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.
8. Physical redevelopment of the Brownfields Property may not occur other than
in accord, 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:
,a, -. ~!11111 Jlllc.
a. soil a~~ter ffl!ilragem~ncluding wilh~~Flirriruitidri 'those resulting
from contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2;
c. contingency plans for addressing, including without limitation the testing of soil
and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators,
soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
9. Neither DEQ, nor any party conducting environmental assessment or
remediation al 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 Brown fields Property.
10. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This Brownfields Property is subject
to the Brownfields Agreement attached as Exhibn A to the Notice of Brownfields
Property recorded in the Alamance County land records, Book __ , Page
__ ." A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted. Prospective Developer may use the following
mechanisms to comply with the obligations of this paragraph, subject to the
terms and conditions that DEQ may establish in such approval: (i) If every lease
and rider is identical in form, Prospective Developer may provide DEQ with
copies of a form lease or rider evidencing compliance with this paragraph, in lieu
of sending copies of actual, executed leases, to the persons listed in Section XV
(Notice and Submissions); or (ii) Prospective Developer may provide abstracls of
leases, rather than full copies of said leases, to the persons listed in Section XV.
11. None of the contaminants known to be present in the environmental media al
the Brownfields Property, as descrtbed 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:
a. in de minimis quantities for cleaning and other routine housekeeping
activities;
b. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment
or in flammable liquid storage containers totaling no more than 25 gallons; and
c. as fuel or other fluids customarily used in vehicles, landscaping equipment and
emergency generators.
12. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells
(except for Monitoring Well (MW-7) and (MW-8) for which it will contact DEQ
prior to conducting any abandonment), injection wells, recovery wells,
piezometers and other manDmade points of groundwater access at the
Brownfields Property, in accordance with Subchapter 2C of Tiiie 1 SA 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.
13. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner,
its contractors, or its tenants shall be responsible for repair of any such wells to
DEQ's written satisfaction and within a time period acceptable to DEQ, unless
compliance with this Land Use Restriction is waived in writing by DEQ in
advance.
14. During January of each year after the year in which the Notice referenced in
paragraph 20 in Exhibit A hereto attached is recorded, the owner of any part of
the Brownfields Property as of January 1st of that year shall submit a notartzed
Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health
and environmental officials of Alamance County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Alamance County Register of Deeds office
and that the land use restrictions are being complied with, and stating:
a. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired
any part of the Brownfields Property during the previous calendar year;
b. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
c. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.eJii in Exhibit A hereto attached are performing as designed,
and whether the uses of the ground floors of any buildings containing such vapor
barrier and/or mitigation systems have changed, and, if so, how; and
d. A LURU submitted for rental units shall include the rent roll and enough of
each lease entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraph 22 in Exhibit A
hereto attached.
Brownfields Project# 19039-15-01 Oneida Mills Exhibit 2_ V6_20161017 Information contained hereon sheet 2 of this survey was provided to Surveyor on 11/2/16
The most recent environmental. sampling at the Property reported in the Environmental Reports occurred on September 12, 2013. Also an Indoor Air Sampling within certain portions of the Building 1 and
Building I Annex was collected on June 23, 2016. The following tables set, for contaminants present at the Property above unrestricted use standards or screening levels, the concentration
found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement.
FILED
ALAMANCE COUNTY, NC
HUGH WEBSTER
REGISTER OF DEEDS
FILED
AT
BOOK
Feb 13, 2017
11:16:45am
00078
0182 START PAGE
END PAGE
INSTRUMENT#
EXCISE TAX
0182
25311
(None)
LD
"The areas and types of contamination depicted hereon are approximations
derived from the best available information at the time of filing."
The most :rec eat environmental sa:i:nplin:g at the P:roperty reported in the Envircmmental
Reports.oc,curred on September 12,. 2013. }IJ:so an indoor~.ljr Sampling ""ithin oertai:n portions
of the Building 1 and Building 1 luwex was collected ·on June 23, 2016. The follovving tables set
forth, for eontam:itta:nts pd;>l!Se:ni: at the Property above unrestricted use standards or s.uee:ni:n:g
levels,. the ooncentration found at eacli. sample location, and the applicab:\;,standard or saeeni:ng
lev,el. Screening levets and grou.ndv:.,ater stan·da:rds are shown for feferenWe on1v a:nd a-re :not ·set
forth as deanup""levels for ~oses, of this Agreement. -
Groundvirater conta-rni.:na:tli::s in microg:rams per liter (the equivalent of parts per billion),
:the standards for which a:re contained in Title l :iA of the North Carolina Administrative Code,
!Subchapter 2L (21.), Rule :02102, (.Ai..pril 1, 2013 version); or the 2L Ground,,cate.r Interim
I\ifaxi.mum ~.\.llovi..-.a Me Concer:itration (Il,.,l..tli..Cs), Clii.pril 1, 2013 ver.sio:n):
Groundv:.cater
Cont:amina:nt:
Benzene
Trichloroethylene
Sample
Location
I\if\'\L4
I',..{\\.:1
!\if\~2
I\.fl.V-2D
~
I\,f\\1:..7
!\.,i\~8
!\.·i\~9
!\.if\~2
!\..f\\1:..3
Date of
Satnpling
1110/2006
Sil 7/1999
1/10/2006
4/2..4/2001
1/10/2006
l/10/2006
6/16/2004
lil0.'2006
li10l2006
8/31/1999
l/10:2006
10/12/2001
1/10/2006
10/12,(2001
l0ll.2.i200l
lilOi.2006
Conce:nt:ration
Exceeding
Standard (µ~,;1..) ~ 4..., ....
47
2,7
9000
2500
1200
8.2
3.6
12
200
16
16
5.4
6
23
63
Standard
(µ.:g1l.)
1
0.7
3
· Residential
Sc:reenin!!:
Ground,vater contaminants. ... ,11th potential for vapor imrusion (V]) in micrograms. per liter
(the equivalent of pans per billion), the vapor intrusion S,C:t',eerung levels for which are derived
~om the Residential Vapor Imrusion Screening Levels of the Division of Waste :Mimagemem:
Soil
Contaminant
Sample
Location
B...6
B-7
Depth
(ft)
2
3
Date of
Sampling
9112/2013
9.112,2013
9/12/2013
9.'12.2013
9/11.;2013
9.'12:'2.013
9/12.2013
9/12.2013
9/12.2013
9/1212013
9/1:2./2013
9/12/2013
1/30/2002
1/30/1002
1/30/2002
1/30/2002
1/30.'2002
1/30:2002
8/30.'1999
3/19/1999
3/19/1999
3/19/1999
3/19/1999
1/30.2002
8/30/1999
Conoe:ntration
Exceeding
Screening Level
(mg,,kg)
5.5
4
l2
6.1
Level'~
(m~,kg) ~ ~
N1:wember 2015 version):
Ground....,,.-ater C:omaminant
"'rith Potential for \.'apor
Imrusioo
Chloroform
Tftrachloroetlrylene
Trichloroethylene
Sam.pre
Location
:!\~V-2
i\.f\V-2D
I\,1\V-4
M:\V-7
i\,f\V-9
Date of
&u:npli:ng
6.23/2003
1/10.'2006
8/1 i'i1999
1.'10/2006
4.2412001
1/10/2006
1.'10/2006
12/30/2003
lil0/2006
8/31i19'99
1/10.2006
10i12.r2001
Concentration
Exoeeding
Screening Level
(µ.g1L)
58
50
47
27
9000
2500
1200
12
12
200
Hi
16
1.,i\V-2 10vl2/200l 6
l\' An. ,r_:. l(l,'12/2001 23
'J.1'-J 1'10/2006 63
i\·i\V-4 3/3,12005 21
' Screening le-..<als di spb,yed for lllMl.-c.u:cinogena are for a hazaro quol::i.ent eqnal to 0.2.
~splayed for carcinogens are for a l .OE-5 lifetime me:re1'l'l!!m.al cmcer risk
Residential VI
Screening
Leve.f
(µ.g,iL)
8.14
H.5
1.04
Soil oontaminanl:s in milligrams per kilogram (the equivalent of parts per million), the
~eening levels for which are derived from the Prelimi.naty Resid...=ntial Health-Based Soil
Jtemed.iation Go.als of the Inactive Hazardous Sites Branch of DE.Q's Superfund Section {.~il
2016 version):
Soil
Comaminant
Sampte
Location
B-1
B-4
B-5
Depth
{ft)
" ;:) ,.,, ....
2.
Date of
Sampling
9illil013
9.11/2013
9.12/2013
Concentration
Exceeding
Screening Level
(mg.kg)
1.6
38
Residential
Screerun!; L ~ Level
(mg'kg)
0.68
Benzo(a)anth.racene
Benzo(a)p:yrene
Benm{b)fluoranthene
Benm{k)fluroa.nthene
Cadmium
Inde.no(l ,2,3--cd)pyrene
Tetrachloroethylene
TPH-DRO
Trichloroethylene
B-8
B-8
B-2
B-8
B-6
B-7
B-8
B-8
B-8
B-8
KR.B-1
KR.B-3
KR.B-4
KR.B-5
KR.B-6
KR.B-7
?,..f\V-8
B-1
B-2
B-24.
B-6
2.
2
~·
3
2
2
2
NL NL
NL
NL
NL
1\11.
NL
NL
NL
NL
NL
NL
NL
0.07
6.2
0.22
0.27
7
18
3_9
88
230
170
51
610
4500
70
140
19000
83
18
51
18
i'Saeening l,..;<als displayed for 111m-catcinogens are fm a hazard qootieat ~ to 0.2.
'displayed i,r ca:rcinogem are i,r a 1.0E-6 lifeti:m.e increment.al cancer risk.
iNI.-Not Listed
0.16
0.016
0.16
l.6
14.2
0.16
16.2
10
0.82
Screening levels
Three contaminanl:.s ,vere detected in Sub-slab soil gas sampling in September 11, 2013. Nooe o{
the contaminants were above residential screening levels. The Prospective Developer (ID)
proposed installing a Vapor Intrusion Mligatioo System (\,'Th,!S) bene.ath building slabs. and
"'ithin crawl space areas of three buildings at the site as shO\"m in plat for buildings 2, 3, and 4. Th~ is also demonstrated in the Sub Slab Vapor Mitigation System Report of Januaiy 8, 2016.
As for building 1 and building 1 Aruiex, the PD investigated them further by conducting indoor
air sampling reported in the "Indoor Air Sampling Report" dated July 13, 2016_ None of the six
indoor air samples exceeded IlISB Residential. Screening values. for the contaminants of conoem:
-Consequently, chemical vapor intrusion is not occurring through the concrete floor in the
buildings on the property
EXHIBIT C
LEGAL DESCRIPTION
A CERTAIN TRACT OR PARCEL OF LAND LOCATED IN THE City of Graham, Graham Township, Alamance
County, North Carolina, adjoining the 66 foot right of way of West Harden Street, the 30 foot right of
way of Oneida Street, the 36 foot right of way of Market Street, a 15 foot alley and others and being
more particularly described as follows: BEGINNING at a nail set in the sidewalk, formerly a cross cut in
concrete sidewalk at the intersection of the western margin of the aforesaid 15 foot alley with the
northern margin of the 66 foot right of way of West Harden Street, Said beginning point being located N
87*29'30" W 15.11' from the southwest corner of the building lying East of the 15' alley, Thence from
said beginning point, North 88*34'11" West 587.19 feet to a chiseled x mark in the sidewalk, located at
the intersection of the northern margin of the 66 foot right of way of West Harden Street with the
eastern margin of the 30 foot right of way of Oneida Street, running thence with the eastern margin of
the 30 foot right of way of Oneida Street, North 0*26'30" East 520.95 feet to a nail set in pavement,
located at the intersection of the eastern margin of the 30 foot right of way of Oneida Street with the
southern margin of the 36 foot right of way of Market Street; running thence with the southern margin
of the 36 foot right of way of Market Street, South 88*36'05" East 354.95 feet to a 1" iron pipe found,
located in the southern margin of the 36 foot right of way of Market Street; running thence South
1 *38'53" East 64.61 feet to a 3/4" iron pipe found; thence South 70*39'07" East 108.70 feet to a 1/2"
rebar set; thence North 0*2'18" West 100.72 feet to a 1" iron rod found, located in the southern margin
of the 36 foot right of way of Market Street; running thence with the southern margin of the 36 foot
right of way of Market Street, North 89*50'25" East 125.10 feet to a 1/2" rebar set, located at the
intersection of the southern margin of the 36 foot right of way of Market Street with the western margin
of the aforesaid 15 foot alley running thence with the western margin of the aforesaid 15 foot alley,
South 0*15'07" West 145.15 feet to a 1/2" re bar set; running thence again with western margin of the
aforesaid 15 foot alley, South 0*06'00" West 382.25 feet to the point and place of BEGINNING. The
above description is the same property described in Deed Book 2722 Page 613 of the Alamance County
Registry and shown on a plat of survey prepared by Alley, Williams, Carmen& King, Engineers &
Architects, L.A. Alley, Civil Engineer dated 7 /31/64 entitled "Plat Showing Property of West Harden
Street Corporation, Graham, North Carolina," Job Number 88-64.