WM0801152_Application_20200709

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: 7/7/2020
2. County: Brunswick
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
3. What type of well are you applying for? (monitoring or recovery): Monitoring
4. Applicant: Archie McGirt Telephone: [phone]
Applicant's Mailing Address: PO Box 686, Wrightsville Beach, North Carolina 28480
Applicant's Email Address (if available): archiemcgirt(cDgmail.com
5. Contact Person (if different than Applicant): Erin Warren with ECS Telephone: [phone]
Contact Person's Mailing Address: 6714 Netherlands Drive, Wilmington, North Carolina 28405
Contact Person's Email Address (if available): ewarren(crDecslimited.com
6. Property Owner (if different than Applicant): JP Farming, Inc. Telephone:
Property Owner's Mailing Address: 2626 Glenwood Ave, Suite 550, Raleigh, NC 27608
Property Owner's Email Address (if available):
7. Property Physical Address (Including PIN Number) 4350 Blue Banks Loop Road, Brunswick County PIN 0020000102
City Northwest County Brunswick Zip Code
8. Reason for Well(s): Assessment
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: Farm
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
Unknown
11. Type of contaminants being monitored or recovered: Herbicides, Pesticides, VOCs & SVOCs
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 40 Irrigation wells
Existing Monitoring or Recovery Well Construction Permit No(s).: None
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): N/A
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No drinking water wells
If yes, give distance(s):
15. Well Contractor: TBD Certification No.: TBD
Well Contractor Address: TBD
PROPOSED WELL CONSTRUCTION INFORMATION
1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
C. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse

PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated
material: 4
3. Number of wells to be constructed in bedrock: 0
5. How will the well(s) be secured? Groundwater
Sampling Point
6. Estimated beginning construction date: 7-14-20
4. Total Number of wells to be constructed: 4 7. Estimated construction completion date: 7-15-20
(add answers from 2 and 3)
ADDITIONAL INFORMATION
1. As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
C. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
SEE ATTACHED
Signature of Applicant or *Agent
Printed name of Applicant or *Agent
Title of Applicant or *Agent
* If signing as Agent, attach authorization agreement stating
that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
SEE ATTACHED
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office
Asheville Regional Office
3800 Barrett Drive
Wilmington, NC 28405
2090 U.S. Highway 70
Raleigh, NC 27609
Phone: [phone]
Swannanoa, NC 28778
Phone: [phone]
Fax: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
Winston-Salem Regional Office
Washington Regional Office
450 W. Hanes Mill Road
Fayetteville Regional Office
943 Washington Square Mall
Suite 300
225 Green Street, Suite 714
Washington, NC 27889
Winston-Salem, NC 27105
Fayetteville, NC 28301-5094
Phone: [phone]
Phone: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
Fax: [phone]
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: [phone]
Fax: [phone]
✓1R Rev. 3-1-2016
Raleigh Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension
GW-22M (Rev. 5/11)

JP FARMING, INC.
June 26, 2020
BY EMAIL
Treymac, Inc,
c/o Mark Carter, Esquire
Email: [e-mail]
Re: Consent to Invasive Testing and Temporary Access for Environmental Due Diligence to Property located at
4350 Blue Banks Loop Road, NE, Brunswick County, NC (the "Property") granted by JP Farming, Inc.
("Seller") to Treymac, Inc. ("Purchaser")
Sir or Madam:
Sellet hereby grants permission to Purchaser to enter upon the Property for the limited purposes set forth in this letter
agreement (this "Letter Agreement"), subject to the terms and conditions hereof.
i , Grant of Access and Related Conditions. Until the earlier of August 7, 2020 or the termination of this
Letter Agreement, Purchaser and ECS Southeast LLP ("Consultant") may enter upon the Property solely for the
purpose of performing environmental due diligence, and specifically a Phase II Environmental Site Assessment in
connection with Purchaser's proposed acquisition of the Property. The scope of the work shall be conducting
groundwater and soil sampling, and Seller authorizes Consultant to conduct groundwater and soil sampling on the
Property and authorizes Consultant to obtain the necessary permit(s) from the North Carolina Department of
Environmental Quality (NCDEQ) on behalf of the Seller. Purchaser and the Consultant's access to the Property under
this Letter Agreement is expressly conditioned on the following:
(a) There shall be no disturbance or interference with Seller's business at the Property or the use
and occupancy of the Property by Seller, any tenants or subtenants at the Property, or their respective agents,
employees, or guests. Seller may from time to time establish reasonable rules of conduct for Purchaser and
Consultant in furtherance of the foregoing provided the same do not conflict with the provisions of this Letter
Agreement or the Purchase Agreement (defined below);
(b) Such entry shall be during the hours of 7 a.m. to 7 p.m., Monday through Friday, unless
otherwise authorized in advance by Seller;
(c) Seller reserves the right to be present, itself or through its employee or other agent, at the
Property during such entry. Purchaser shall provide Seller with 24 hours written notice prior to entry;
(d) Purchaser shall promptly repair any damage to the Property resulting from the performance of
any testing by Purchaser or Consultant. Any restoration work remaining to be completed after five (5) days
following termination of this Letter Agreement may, at the option and in the sole discretion of Seller, be
completed by Seller after giving Purchaser written notice with a minimum of ten (10) business days within
which to cure. Purchaser will reimburse Seller for any costs associated with any such restoration work ten (10)
days after receipt of written demand from Seller for such costs together with supporting invoices;
(e) Purchaser and Consultant shall comply with any federal, state, or local law, regulation, or
ordinance applicable to any activity in which they engage while on the Property. All work at the Property shall
be perforated in a good and workmanlike manner in accordance with applicable laws;

(f) Except for Purchaser, each party or entity that enters the Property pursuant to this Letter
Agreement shall maintain, or cause to be maintained, the following insurance: (i) a policy of commercial
general liability insurance, with a combined single limit of not less than S1,000,000 per occurrence and
$2,000,000 in the aggregate; (i i) worker's compensation insurance in statutory limits where the Property is
located; (iii) employer's liability insurance in an amount not less than S500,000; and (iv) automobile liability
insurance in an amount not less than $500,000 for each accident. All policies shall name Seller and its agents
as certificate holders, verifying coverage against any injury or damage to persons or property that may result
from or be related to such entry and testing, all in such forms as are acceptable to Seller and underwritten by an
insurance company reasonably satisfactory to Seller. A certificate or other evidence of such insurance must be
provided to Seller before a party's first entry onto the Property;
(g) A11 activities performed by Purchaser and Consultant on the Property shall be at Purchaser's
sole cost and expense. Purchaser shall not allow such entry or testing to result in liens, judgments, or other
encumbrances being recorded against the Property arising out of Purchaser's or its Consultant's acts or
omissions related to their activities including but not limited to their failure to pay for any work, labor or
materials (but excluding any lien, judgment, or other encumbrance imposed by a government entity on account
of a legally -required reporting obligation unposed on Purchaser or its Consultant (a "Government Lien")).
Nothing contained in this Letter Agreement shall be construed in any way as consenting to allow or
authorizing Purchaser to subject the Property or the interest or estate of Seller to any lien or charge related to
Purchaser's or its Consultant's acts or omissions related to their activities including but not limited to their
failure to pay for any work, labor, or materials contemplated by this Letter Agreement (but excluding a
Government Lien). Purchaser shall immediately discharge of record any such lien, judgment, or other
encumbrance related to Purchaser's or its Consultant's acts or omissions related to their activities including but
not limited to their failure to pay for any work, labor, or materials contemplated by this Letter Agreement at
Purchaser's sole cost and expense (but excluding a Government Lien), This Paragraph I(g) shall survive the
termination of this Letter Agreement;
(h) Purchaser shall indemnify, defend, and hold harmless Seller and Seller's shareholders,
officers, directors, trustees, partners, principals, members, employees, agents, affiliates, representatives,
consultants, accountants, contractors, and attorneys or other advisors, and any successors or assigns of the
foregoing, from and against any and all losses, costs, damages, liens, claims, liabilities, or expenses (including,
without Iimitat ion, costs and reasonable attorneys' fees), suffered or incurred by Seller or any indemnified
parry arising out of or in connection with: (i) any violation of, or failure to comply with, the provisions of this
Letter Agreement by Purchaser; (ii) any activity conducted by Purchaser or Consultant in connection with this
Letter Agreement; or (iii) the exercise of Purchaser's rights under this Letter Agreement. The indemnification
under this Paragraph 1(h), specifically excludes any and all losses, costs, damages, liens, claims, liabilities, or
expenses (including, without limitation, costs and reasonable attorneys' fees), suffered or incurred by Seller or
any indemnified party arising out of or in connection with.(!) any notice, disclosure, or reporting by Purchaser
or Consultant, or their officers, managers, employees, agents, or contractors, required by law or by regulatory
or judicial process; or (H) the negligence or intentional conduct of Seller and Seller's shareholders, officers,
directors, trustees, partners, principals, members, employees, agents, affiliates, representatives, consultants,
accountants, contractors, and attorneys or other advisors, and any successors or assigns of the foregoing, The
indemnification under this Paragraph 1(h) shall survive the termination of this Letter Agreement;
(i) Purchaser acknowledges and agrees that all information obtained by Purchaser or Consultant
during any inspection of the Property permitted hereunder shall be subject to the terms of the Agreement for
the Purchase and Sale of Real Property dated May 14, 2020 between Seller and Purchaser as assignee of Janet
G. Batten, Trustee under the AJM Family Trust II ulald December 15, 2015 and as amended by that First
Amendment to the Agreement for the Purchase and Sale of Real Property with an effective date of June 24,
2020 (collectively, the "Purchase Agreement"), and Purchaser and Consultant will treat the information
disclosed by Seller, or otherwise gained through Purchaser's or Consultant's access to the Property, as
confidential, giving it the same care as Purchaser's awn confidential in format1on, and make no use of any such
information not independently known to Purchaser except in connection with the transactions contemplated
2

hereby; provided, however, that Purchaser may, without the consent of Seller, disclose such information: (i) to
Consultant and Purchaser's attorney and prospective and actual lenders (the "Transaction Parties"), so long as
any such Transaction Parties to whom disclosure is made shall also agree to keep all such information
confidential in accordance with the terms hereof; and (ii) if disclosure is required by law or by regulatory or
judicial process, but in each such event Purchaser shall: (x) notify Seller of such required disclosure; (y)
exercise all commercially reasonable efforts to preserve the confidentiality of the confidential information,
including, without limitation, reasonably cooperating with Seller (at Seller's sole expense) to obtain an
appropriate order or other reliable assurance that such information shall be treated as confidential by such
tribunal; and (z) disclose only that portion of the confidential information which Purchaser is legally required
to disclose. Notwithstanding the foregoing, the confidentially provisions of this Paragraph 1(i) shall not apply
to any information or document which is or becomes generally available to the public other than as a result of a
disclosure in violation of this Letter Agreement. In the event of a termination of this Letter Agreement,
Purchaser shall promptly return all confidential information provided by the Seller. The provisions of this
Paragraph I(i) shall survive the termination of this Letter Agreement; and
0) Upon completion of the inspection, Purchaser shall deliver to Seller all environmental reports
obtained by Purchaser evidencing the findings of Purchaser's environmental testing permitted by this Letter
Agreement and reasonable proof of the full payment of all costs and expenses for such testing.
2. Events of Default. An event of default under this Letter Agreement shall include any violation of the
terms of this Letter Agreement by Purchaser or Consultant or the breach of any covenant by Purchaser. Purchaser shall
have no rights under this Letter Agreement if and for so long as Purchaser is in default under this Letter Agreement.
This Letter Agreement shall, at the election of Seller, terminate upon the event of a default by Purchaser. Seller's
approval of any matter under this Letter Agreement shall not constitute an opinion or agreement by Seller that the same
is in compliance with applicable laws or adequate for the purposes specified.
No Seller Representation or Warran1y and Purchaser Waiver,
(a) Purchaser acknowledges and understands that Seller makes no representation or warranty
whatsoever, express or implied, with respect to the Property including, without limitation, any hazards or
dangers found at the Property. Purchaser understands and acknowledges that it enters the Property at its own
risk.
(b) Purchaser hereby releases Seller from all claims asserted against or incurred by Purchaser that
may arise from Purchaser's access to and investigation on the Property pursuant to this Letter Agreement
unless caused by the gross negligence or intentional conduct of the Seller and Seller's shareholders, officers,
directors, trustees, partners, principals, members, employees, agents, affiliates, representatives, consultants,
accountants, contractors, and attorneys or other advisors, and any successors or assigns of the foregoing.
4. Purchase Agreement. By execution of this Letter Agreement, Seller hereby consents and grants its
express written approval to the "invasive testing" contemplated herein for purposes of Section b(e) of the Purchase
Agreement. Except as to the specific testing contemplated by this Letter Agreement, this Letter Agreement does not
modify, amend, or restrict Purchaser's access rights to the Property during the Examination Period or as otherwise
provided under the Purchase Agreement.
5, General Provisions.
(a) The terms and conditions of this Letter Agreement shall apply to Purchaser and its
representatives and their directors, officers, employees, agents, and successors. Purchaser may not assign its
rights under this Letter Agreement.
(b) This Letter Agreement shall: (i) only be amended by an agreement in writing, signed by the
party to be charged; (ii) be governed by and interpreted in accordance with the laws of the State of North

Carolina; and (iii) be construed without regard to any presumption or other rule requiring construct1on against
the drafter of this Letter Agreement.
(c) No waiver by either party of any failure to comply with this Letter Agreement shall be
deemed a waiver of any other or subsequent failure to so comply,
(d) If any provision of this Letter Agreement or its application to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of this Letter Agreement, or its application to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each provision of this Letter Agreement shall be valid and enforceable as permitted by law.
(e) This Letter Agreement may be executed by the parties hereto in separate counterparts, each of
which when so executed and delivered shall be an original for all purposes, with all such counterparts together
constituting one and the same instrument. A signed copy of this Letter Agreement delivered by email shall be
deerned to have the same legal effect as delivery of an original signed copy of this Letter Agreement.
(f) All notices, waivers, and demands required or permitted hereunder shall be in writing and
delivered to the addresses set forth below, by the methods and to the addresses specified in the Purchase and
Sale Agreement,
(g) Seller may terminate this Letter Agreement at any time. The restrictions in this Letter
Agreement will terminate upon the earlier of (i) September 30, 2020, or (ii) the purchase of the Property by
Purchaser. Regardless of any termination or purchase, however, any claim by Seller based on a breach of or
default under any provision of this Letter Agreement which arose from events occurring prior to the date of the
termination or purchase will not be extinguished unless specifically waived by Seller in writing, and any
provisions that are reasonably intended to survive the expiration or termination of this Letter Agreement shall
survive such expiration or termination including but not limited to the confidentiality and indemnification
obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
4

IN WITNESS WHEREOF, the parties have caused this Letter Agreement to be executed as of the date first
written above.
PURCHASER!
Treymac, Inc.
By=
Name:
Title:
SELLER:
j]P F n9, Inc.
B
Pia -+ Q
rtle: � '

IN WITNESS WHEREOF, the parties have caused this Letter Agreement to be executed as of the date first
written above.
PURCHASER:
Treyma c QQ
Name:
Title: Pro C
SELLER:
JP Farming, Inc.
By:_
Name:
Title:

Lanpirtg
Alligator
Pow
CO
-'WanetS:
.5u
bank Landing
-NVL5 EPPY &,D
SOURCE:
USGS TOPOGRAPHIC MAPS
Northwest QUADRANGLES 2013
SCALE — AS SHOWN
Landing.
I \
SrOLLYS'AWE HE i�--
PA F.H
r � I i"
0 Miles 0.25 0.5 1 1.5
FIGURE 1
TOPOGRAPHIC LOCATION MAP
Former Tomato Farm
4350 Blue Banks Loop Road
Northwest, Brunswick County, North Carolina
ii TM
ECS Proposal Number 49-19231P

r
f
i L'
1�mmm R�'
Burn area
LEGEND
® APPROXIMATE GROUNDWATER SAMPLE LOCATION
APPROXIMATE SITE BOUNDARY
SOURCE:
PHASEIESA
Pctential buried material
�# 4
a ■ r r
Diesel AST
(udo` )
FIGURE 3
PROPOSED BORING LOCATION MAP
Northern Area of Concern
Former Tomato Farm
4350 Blue Banks Loop Road
Northwest, Brunswick County, North Carolina
TM ECS Proposal Number 49-19231P

l
1
I
Former chemical
storage area Tractor trailers and
,. approximate
j locaflan of former
J I AST
Stained soil
wkth strong or,
diesel Odor
Diesel AST
I
i. Oil stained soils
with odor
� • - h +—
If
r
Pestime Storage area
r '
LEGEND
® APPROXIMATE GROUNDWATER SAMPLE LOCATION
APPROXIMATE SITE BOUNDARY
SOURCE:
PHASEIESA
`-
ll
i ® 'k
r ,
Area of potential
krded material! and .
septic materials
FIGURE 4
PROPOSED BORING LOCATION MAP
Southern Area of Concern
Former Tomato Farm
4350 Blue Banks Loop Road
Northwest, Brunswick County, North Carolina
TM I ECS Proposal Number 49-19231P

GROUND TOP OF DIRECT PUSH STEEL
r, IRrnrF RODS ABOVE THE LAND
SURFACE
10 FEET
1.5-INCH STEEL DIRE
NATURAL FORMATION
PUSH RISER
BACKFILL
2--INCH BORE
HOLE
GROUNDWATER
SLOTTED STEEL S
0.01-INCH SLOT W
SET TO INTERSECT GROI
ESTIMATED 4 FEET IN
WELL CONTRUCTION DIj
REPRESENTATIVE OF DIRECT
DnIKIT 4ZARAD1 GI
CT
CREEN
IDTHS
JNDWATER
LENGTH
%GRAM IS
PUSH SCREEN
2
FIGURE 5
PROPOSED TEMPORARY SCREEN POINT SAMPLER
�t, l Former Tomato Farm
NOT TO SCALE`, 4350 Blue Banks Loop Road
Northwest, Brunswick County, North Carolina
ECS Proposal Number 49-19231P
TM