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HomeMy WebLinkAboutWM0401509_Monitoring well constraction permit WM0401509 Application_Tarheel Amy Missile plant_20240207NORTH 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: 02/05/2024 2. County: Alamance FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring (permanent) and infection (temporary) 4. Applicant: USACE (Dena Thompson) Telephone: 912-652-5087 Applicant's Mailing Address: 100 W Oglethorpe Ave, Savannah, GA 31401 Applicant's Email Address (if available): Dena. B.ThompsonCa�usace.army. mi1 5. Contact Person (if different than Applicant): Ethan Dinwiddie (Terracon Consultants, Inc.) Telephone: 919-436-2965 Contact Person's Mailing Address: 2401 Brentwood Road, Suite 107, Raleigh, NC 27604 Contact Person's Email Address (if available): ethan.dinwiddie6E�terracon.com 6. Property Owner (if different than Applicant): Central Park Burlington LLC Telephone: 336-722-9999 (Progress Env) Property Owner's Mailing Address: 7120 Creek Wood Drive, Chapel Hill, NC 27514 Property Owner's Email Address (if available): iballsieper6a�progressenv.com (Property owner's environmental consultant) 7. Property Physical Address (Including PIN Number) 204 North Graham Hopedale Road (PIN: 139757) City Burlington County Alamance Zip Code 27217 8. Reason for Well(s): Groundwater contamination assessment and remediation (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: Former Tarheel Army Missile Plant (NCDEQ Federal Remediation Branch Site) (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). Federal Remediation Branch # NC7210020544 11. Type of contaminants being monitored or recovered: Chlorinated solvents and degradation compounds (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, approximately 50 Existing Monitoring or Recovery Well Construction Permit No(s).: WM0401375 — WM0401382 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 10 — 550 feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Permanent wells: SAEDACCO, Inc. (John Byer) Certification No.: John Byer: 4379-B Well Contractor Address: SAEDACCO: 9088 Northfield Dr, Fort Mill, SC 29707 PROPOSED WELL CONSTRUCTION INFORMATION 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 permanent monitoring wells 3. Number of wells to be constructed in bedrock: 3 permanent monitoring wells (add answers from 2 and 3) 5. How will the well(s) be secured? Permanent monitoring wells secured with concrete pad and locking cap 6. Estimated beginning construction date: March 2024 4. Total Number of wells to be constructed: 7 7. Estimated construction completion date: March 2024 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 Signature of Applicant or *Agent Ethan Dinwiddie Printed name of Applicant or *Agent of USACE 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 Quitclaim Deed and current property deed granting USACE access to the site for environmental investigations. 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: (910) 796-7215 Swannanoa, NC 28778 Phone: (919) 791-4200 Fax: (910) 350-2004 Phone: (828) 296-4500 Fax: (919) 571-4718 Fax: (828) 299-7043 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: (252) 946-6481 Phone: (336) 776-9800 Phone: (910) 433-3300 Fax: (252) 975-3716 Fax: (336) 776-9797 Fax: (910) 486-0707 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 UIMMMIN0040 r11 Raleigh Regional Office Wilmington Regional Office 127 Cardinal Drive Extension GW-22M (Rev. 5/11) Proposed Well Maps a N a 0 f avz _ � t 3 z 3 30 ws ;z � J w tt 3z � N o rc rc w 3 z o 0 0 z -z Ew — m s i m z z a o a N o'a o W; 9 o a �o piltlfE v, �� s za m a m N z¢ ��¢' w w t t i c j Y Mt c I o0 0 o a I P Q m U of A 2 A gt wo < E ag, o o � Ry } Ag m U ' E m v ,' a U) E c V," ,.. • m EkE�I-'u. I .. C.E g at,�E F�'-k4t Qa a F l{F l FL p t {L FL ---- OVOH 31V03dOH WVHVHO H1NON ■ �11 a II 1 �1 3nN3AV'9803 anN3AV a�3 H O o LL • ` 11 * t r y �1 r 0 OIL 00 y L T i uc, 1I i I ,t � y W �Z CIO LL y !0 •O U) C R L d cu � o �U a) 'a IS C9 ma mZ w N Q C i+ ( .0 O EU N 0Q� CCU: E (D y fA m N �ZQ C N 0 f0 � � m O C R V O J 0 LO N C� U I-Z t � Ir' co X ire ILL AMk UP ,qyi ITI ME �C= O N 0 ODo C � Im 00 N d I- e o 0 N o 00 04 II N 0o c � Z '" aECl o d . LL 0 LLI 0 Q T T m T m m N C y >O L O_ a o c� O C0 R d L a L 3 O CO L m C O O W a+ N - O s N CQ._C Q in Wiz° cu 76 � Nam m ° O 2 U M N Q C C C Q — N (6 5 (o C ~ w O O O N C O � m v O J d N O Q O L a dlMl ohms .w. 101 t11 ,qyi iw� IT1 �C= Y�1 O O N O fV N II O C mo lu) Cl d IE IQ 0 LLI 0 Q T T m m m N C y >O a o c� Proposed Well Diagrams Well IDs: MW-142 through MW-145 Site Location: 204 N. Graham -Hopedale Rd, Burlington, NC Terracon Proj. No.: 70237017 NCDEQ Site ID: NC7210020544 Well Locations: Adjacent to source area (north of Building 2) 2401 Brentwood Road Suite 107 Drilling Method: Hollow stem auger Raleigh, NC 27604 Driller: SAEDACCO, Inc(Cert No. 4379-B) 919.873.2211 Date of Injection: Anticipated March 2024 Proposed Saprolite Monitoring Well Construction Diagram Land Surface I r--1 I Depth Below Land Surface (ft) Riser Pipe -------------------------- Diameter 2-inch Material PVC Length 10 ft Concrete 1 ft Bottom of Grout 6 ft Bottom of Bentonite Seal 8 ft Sand Pack •-------------------- t� ( ( Top of Screen loft Sand Size No. 2 Well Screen ------------------------ Diameter 2-inch Length 10 ft Slot Size 0.010-inch Material PVC Note: Not to scale _ -------- Bottom of Screen 20 ft H _ Bottom of Tail Pipe 20 ft Bottom of Borehole 20 ft ;��; 8 Borehole Diameter (inches) Well IDs: MW-146 through MW-148 Site Location: 204 N. Graham -Hopedale Rd, Burlington, NC Terracon Proj. No.: 70237017 NCDEQ Site ID: NC7210020544 Well Locations: Adjacent to source area (north of Building 2) and east of Former Lucen Technologies Building Elayt MAd� sat 2401 Brentwood Road Suite 107 Drilling Method: Hollow stem auger and air rotary Raleigh, NC 27604 Driller: SAEDACCO, Inc (Cert No. 4379-B) 919.873.2211 Date of Injection: Anticipated March 2024 Proposed Bedrock Monitoring Well Construction Diagram Land Surface I r____7 I Depth Below Land Surface (ft) Riser Pipe Concrete 1 ft Diameter 2-inch Material PVC Length 35 ft ell Casine---------------------------� Bottom of Grout 30 ft Diameter 6-inch Material PVC Length 30 ft Bottom of Grout 30 ft Bottom of Bentonite Seal 33 ft Sand Pack --------------------------------- --> Top of Screen 35 ft ---- -------- Sand Size No. 2 Well Screen --------------------------------- ---> Diameter 2-inch Length 10 ft ___ _______ Bottom of Screen 45 ft Slot Size 0.010-inch ___ _______ Bottom of Tail Pipe 45 ft Material PVC Bottom of Borehole 45 ft 4 Borehole Diameter (inches) 12 Borehole Diameter (inches) Note: Not to scale Property Access Agreement Through Quitclaim Deed IR Book 2169 Page 675 Alamance county, NC Recorded 11/36/2004 11:41:03sm No 9999-00143706 1 of 16 pages rlurlel M Tarpley, Register of Deeds Revenue Stamps: None (Exempt) S�—' PIN: Prepared by: Gabriel N. Steinberg, Special Counsel for Real Estate, Office of Regional Counsel (41L), General Services Administration, Region IV, Atlanta, GA, GSA Control No.: 4-D-NC-793, GSA Contract No.: GS-04-D-04-CBE-0009 Return to: Attn: Jay Jones, 2609 Tucker Street Extension, Burlington, NC 27215 QUITCLAIM DEED THIS DEED made this the '), qhh day of 6 2004, by the UNITED STATES OF AMERICA, acting by and through the Administrator of General Services ("GSA"), under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C. §§ 541 et seg.), and regulations and orders promulgated thereunder, Grantor, to HOPEDALE INVESTMENT, LLC, a North Carolina Limited Liability company, whose mailing address is 2609 Tucker St. Extension, Burlington, North Carolina 27215,"x G rantee. a °°" 2169 Page 676 No 9999-00143708 2 of 16 pages WITNESSETH, that the Grantor, without representation or warranty, express or implied, except as specifically stated herein, for and in consideration of the sum of ONE MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS . ($1,585,000.00) paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that parcel of land situated in Alamance County, North Carolina, commonly known as "the buildings portion" of the "Tarheel Army Missile Plant" ("TAMP, Tract No. 1"), and more particularly described in Exhibit "A", which is attached hereto, made a part thereof and consists of two (2) pages. And also including the following easement: A railroad spur track that extends 5,240 ft., more or less, running from the south right-of-way line of U.S. Highway No. 70 in a southerly direction 5,240 ft. and contains 12.00 acres, more or less, all as more particularly describe in Exhibit "B", which is attached hereto, made a part hereof, and consists of one (1) page. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereto appertaining, and every right, title, or interest, legal or equitable, of the said Grantor may have in the banks, beds, and waters of any streams bordering the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said lands, and any means of ingress or egress appurtenant thereto. SUBJECT, however, to any and all existing easements and rights -of -way for public roads, highways, streets, railroads, pipelines, drainage and sewer lines and public and private utilities; rights of tenants in possession, if any; and to any state of 2 Book 2169 page 677 No 9999-00143709 3 of 16 pages facts which may be disclosed by an inspection and current, detailed survey of the premises described above, including an encroachment on the easement. The Grantee covenants for itself, its successors and assigns, and every successor in interest to the property hereby conveyed, or any part thereof, that the said Grantee has received the asbestos warning notice, which is attached hereto, made a part hereof, and consists of two (2) pages, and agrees to comply with any conditions and requirements as stated in Exhibit "C", including those conditions, requirements and regulations for asbestos containing materials listed on Table 1 of Exhibit "C." The Grantee also covenants for itself, its successors and assigns, and every successor in interest to the property hereby conveyed, or any part thereof, that the said Grantee has received information from the Grantor about lead -based paint and lead -based paint hazards, and, although the property has not been used and is not currently used for residential purposes, has been informed of its obligations under 42 U.S.C. 4852d and is aware of its responsibility to ensure compliance thereof. The Grantor has determined that Tract 1 of the Tarheel Army Missile Plant, Burlington, North Carolina ("TAMP"), is environmentally suitable for transfer to the Grantee and has informed the Grantee of the environmental condition of the property hereby conveyed ("Property"). In accordance with Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, and codified at 42. U.S.C. § 9620(h)(3), and pursuant to the terms of the Covenant Deferral Request for the TAMP, dated August 1, 2003, by the Deputy Assistant Secretary of the Army, Environmental Safety and Occupational Health, Office of the Assistant Secretary of the Army (Installation and Environment) and 3 Book 2169 Page 678 • approved September 25, 200V9W1fA#8G4e?Aor38 of° • fhe• State of North Carolina, (hereinafter referred to as the "CDR"), the Grantor includes the following notices, covenants, reservations, assurances, and warranties that run with the land and inure to the benefit of the Grantor and Grantee, and their respective successors and assigns, as the case may be, all as more fully set forth in the Environmental Protection Deed Provisions, Exhibit "D," which is attached hereto, made a part hereof, and consists of four (4) pages. These provisions for Tract 1 of the TAMP shall remain in effect until soil and groundwater remediation activities are completed and include land use restrictions that limit the Property to non-residential use and prohibit excavation in certain areas without the Director approval of the North Carolina Department of Environmental Natural Resources (NCDENR) approval. Besides being attached and made a part hereof, these provisions are located in and identified as "Enclosure 3 to the Finding of Suitability for Early Transfer (FOSET) Tarheel Army Missile Plant (TAMP), Burlington, NC July 2003," signed January 1, 2004, The property hereby conveyed has heretofore been declared surplus to the needs of the UNITED STATES OF AMERICA, is presently under the jurisdiction of the General Services Administration, is available for disposal and its disposal has been heretofore authorized by the Administrator of General Services, acting pursuant to the above referred to laws, regulations and orders. TO HAVE AND TO HOLD the hereinbefore described property, together with improvements thereon, unto the said Grantee, its successors and assigns, forever, 4 B°°k 2169 Page 679 �37i6 5 of 16 Pn9es IN WITNESSN-Aft9�OF, the UNITED STATES OF AMERICA has caused these presents to be executed in its name and on its behalf by its duly authorized officers and its seal affixed the day and year first above written. [SEAL] WIZESSE By: GEORGIA, FULTON COUNTY UNITED STATES OF AMERICA Acting by and through the "nistrator of General ZSeices LJAMES BRA DON Contracting Officer, Property Disposal Division General Services Administration Region IV, Atlanta, GA "4A C - SkW4d;"a Notary Public of the County and State aforesaid, certify that James Brandon personally appeared before me today and acknowledged that he is the Contracting Officer, Property Disposal Division, General Services Administration, Region IV, Atlanta, Georgia and that he executed the foregoing instrument in the foregoing capacity as an authorized act of Grantor. Witness my hand and official stamp or seal of office in Atlanta, GegrQiao,0,is the Z b 2004. \"\\ day of �%Or7P. C. Sr, r, p �. .''� 3sioN��.9% �M \� MAY 9N'.9a c 23 a *_ 2008 Q: t Public f o %2����ourr?r commission expires: [Pr'W91a�7 Here] �//f llllll1111111 The foregoing Certificates) o L • CZ is/are certified to be correct. 'This instrument and thi certificate are duly registered at the date and time and in the Book and Pageshown on the first page hereof. Book 2169 Page 680 No 9999-99143796 6 of t8 pages CERTIFICATE I, Gabriel N. Steinberg, Certifying Attorney, General Services Administration, Region 4, Atlanta, Georgia, do hereby certify that authority for conducting the business of General Services Administration (GSA) has been delegated to the Regional Administrator by the Administrator of General Services pursuant to the authority vested in said Administrator by the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C. §§ 541 et seg.), and other applicable laws and regulations promulgated thereunder, and re -delegated to the Director, Property Disposal Division, GSA, Region 4, and has been further re -delegated to James Brandon, Contracting Officer, Property Disposal Division, GSA, Atlanta, Georgia Dated at Atlanta, Georgia, this Z yi day of —&V 1,CjW 12004. GABRIEL N. STEINBFAIT Special Counsel for Real Estate General Services Administration Atlanta, Georgia Book 2169 Page 681 No 9999-0014370B 7 of 16 pages Acknowledged, agreed and accepted by Hopedale Investment, LLC, by its duly authorized officials and representatives acting under authority granted by the said Board. Witnesses: HOPEDALE INVESTMENT, LLC By: Burlington Holdings, LLC Member/Manager Witnesses: By: Till Britt, Manager By: Peg y B O anager [SEAL] NORTH CAROLINA, ngANr-x_- COUNTY I, a Notary Public of the County and State aforesaid, certify that Bill Britt and Peggy Britt personally appeared before me this day and acknowledged that they are Managers of Hopedale Inv tment, LLC and, being authorized to do so, executed the foregoing insttume,tlt oAbehalf jof tbd cQmoanv. (Place Notary Seal Here) �� O •.yJ. �O TA,P .mac. m . ++. ;cns 8 Book 2169 Page 682 No 9999-00143708 8 of 16 pages Exhibit A To Quitclaim Deed from the United States of America to Hopedale Investment, LLC "Plant Tract" All that certain lot or parcel of land situated in Alamance County, North Carolina and more particularly described as follows: STARTING at a point which is located by starting at NCGS "Plymouth" (Northing: 854237.4798 feet, Easting: 1872394.282 feet), thence North 812 6' 43" East 3,467.64 feet to NCGS "Kirk" (Northing: 854773.1885 feet, Easting: 1875819.926 feet); thence South 819 5' 32" East 3,213.92 feet to a disk (Northing: 854275.5349 feet, Easting: 1878995.0872 feet) the point and place of BEGINNING; thence North 29 39' 31" West 920.56 feet to an iron pin; thence North 892 41' 39" East 1,069.48 feet to a disk in the right of way of North Graham -Hopedale Road; thence South 3° 23' 52" West 922.47 feet to an iron pin; thence South 892 41' 37" West 493.49 feet to a point; thence South 17 11' 36" West 15.90 feet; thence South 89° 43' 21" West 235.95 feet to a point; thence North 179 11' 36" East 15.77 feet to an iron pin; thence South 892 41' 37" West 279.18 feet to the point and place of BEGINNING and being 22.04 acres according to the survey entitled "Plat for Hopedale Investment, LLC" prepared by Boswell Surveyors, Inc., dated September 24, 2004. Book 2169 Page fib V . No 4990-00143708 9 of 16 papas r DATE, 29 rucia 1076 f GAL D3804MON 12 00 ACUS DWPOSAL AMA T IRtiEII, ORDNANCE PLANT I All that tract of land, seat in width and 5,240 feet id length' being} Government AagvAsition Traic•t "B", of the Tarheel Ordnance ant, situate in the City of turliAgton,; Alemance County, North Carolina being bound pn the no_•th by the eouuth rijkht-of--way line of U.B. Highway N 70, east by the land of the. City of Btiriirg'ton and by lased of T. E. St ed, south by the north right -of vay lino Of' the Southern Railroad. and w at by land of T. E. Stood, by laud of R." ff. Southeriend and by ,land of t e City of Burling- ton; the eenteriine of wh4ch is mo:ra particularly describe as follows: Beginning at a point in time 6enter of in existing railroad right-of-way at its intersection with tie "outh right-of-way line of U. B. NO., TO, said point being approxilnitely 554 feet southeast from the intersection of the east rignt-of-way tab of Or9heA-Hopedale Road and he south right- of-wey line of U. S. No. 0;:thence trbm the point of begs ning'in a general southerly direction along thu centerline of the existing 1 0 foot railro9.d right-of-way through the 4aad of the City of Burlington, aid land of T. E. Steed, crossing Midway Av+nua, and to the north ri&t-cf-viy line of the Southern railway main lin}, the total length of the hereiq described strip of laad'being approxlmato�y 5,2�+0 feet and containing 12. acres, more or lest. F C9F40 09b ei6 aflff P,av E 1 blJtFiIBIT +'8" Sd3BNYONN ddOJ Away S11 09:t 0g6S.,,t/•eL Book 2169 Page 684 No 9999-00143708 10 of 16 pages EXHIBIT "C" NOTICE OF THE PRESENCE OF ASBESTOS WARNING Asbestos has been determined present in the property to be sold. The Grantee is warned that the property offered for sale contains asbestos -containing materials. Unprotected or unregulated exposure to asbestos in produce manufacturing, shipyard, and building construction workplace have been associated with asbestos -related disease. Both the Occupational Safety and Health Administration (OSHA) and the Environmental protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos -related diseases, which include certain cancers and which can result in disability or death. The Grantee was invited, urged and cautioned to inspect the property to be sold prior to submitting a bid (offer). More particularly, the Grantee was invited, urged and cautioned to inspect the property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The disposal agency will assist bidders (offerors) in obtaining any authorization(s) which may be required in order to carry out any such inspection(s). The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall condition or all or any portion of the property including, without limitation, any asbestos hazards or concerns. No warranties either express or implied are given with regard to the condition of the property including, without limitation, whether the property does or does not contain asbestos or is or is not safe for a particular purpose. This failure of the Grantee to inspect, or to be fully informed as to the condition of all or any portion of the property offered, will not constitute grounds for any claim or demand for adjustment after this transfer. The description of the property set forth herein and any other information provided therein with respect to said property is based on the best information available to the Government and is believed to be correct, but an error or omission, including but not limited to the omission of any information available to the agency having custody over the property and/or any other Federal agency shall not constitute grounds or reason for nonperformance of the transfer, or any claim by the Grantee against the Government including, without limitation, any claim for allowance, reformation, or other relief at law or in equity. The Government assumes no liability for damages for personal injury, illness, disability or death, to the Grantee, or to the Grantee's successors, assigns, employees, invitees, or any other person subject to Grantee's control or direction, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the property which is the subject of this sale, whether the Grantee, its successors or assigns have or have properly warned or failed properly to warn the individual(s) injured. The Grantee further agrees that in its use and occupancy of the property it will comply with all Federal and local laws relating to asbestos. EXHIBIT "C" Page 1 of 2 Book 2169 Page 685 No 9999-00143708 11 of 16 pages FM SUMMARY ESTIMATES FOR ASBESTOS CONTAINING MATERIALS Type Material Estimated Total Quality Pipe Linear Feet 20,200lin.ft. # of Pipe Fittings 1,675 Trowelled Surfacing 36,697 square feet Floor Title & Mastic 295,915 square feet Roll Floor Covering (ASB. Back) 46,768 square feet Roll Insul. (ASB. Paper Backing) 15,000 square feet Friable ACM Ceiling Titles 1,500 square feet Roof Shingles +16,800 square feet NonSkid Painted Surfaces 165 square feet Caulking (Windows Etc.) 5,650 tin. feet Roof Felts/Flashing 4,300 tin. feet HVAC "Flex Joint" 425 tin, feet Transite Pipe 280 tin. feet Asbestos Gaskets/Wiring 55 fin. Feet Textured Exterior Silver Paint +110,750 square feet r Table 1. Book 2169 page 686 No 9999-00143708 12 of 16 pages ENCLOSURE3 ENVIRONMENTAL PROTECTION DEED PROVISIONS 1. CERCLA Provisions Introduction A. Notice Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA) (42 U.S.C. §9620(h)(3)(A)(i), and North Carolina General Statutes (N.C.G.S.) 130A-310.3(f), and based upon a complete search of Army files, the Grantor hereby imposes the land use restrictions set forth below and provides notice of: (1) the type and quantity of hazardous substances that were known to have been released or disposed of or stored for one year or more on the property: (2) the time such storage, release or disposal took place; and, (3) a description of remedial action taken, if any. The property is an inactive hazardous substance or waste disposal site as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists of Section 130A-310 through Section 130A-310.19 of the North Carolina General Statutes (N.C.G.S.). This Declaration is part of a Remedial Action Plan for the property that has been approved by the Secretary of the North Carolina. Department of Environment and Natural Resources (or its successor in function), or his/her delegate, as authorized by N.C.G.S. Section 130A-310.3(o. B. Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) of CERCLA, Grantor covenants that it shall take any additional response action found to be necessary after the date of this conveyance regarding hazardous substances located on the property on the date of this conveyance. (1) This covenant shall not apply with respect to any portion of the Property as to which Grantee, its successor(s) or assign(s), or any successor in interest is a Potentially Responsible Party (PRP) immediately prior to the date of this conveyance. (2) In the event Grantee, its successors) or assign(s), seeks to have Grantor conduct or pay for any additional response action, and, as a condition precedent to Grantor incurring any additional cleanup obligation or related expenses, the Grantee, its successor(s) or assign(s), shall provide Grantor written notice of such a claim and provide credible evidence that the associated contamination existed prior to the date of this conveyance. Grantor shall have 45 days within which to respond to the notice of such claim. C. Access Pursuant to Section 120(h)(3)(A)(ii)(III) of CERCLA. Grantor reserves a right of access for itself and Lucent Technologies, Inc. (Lucent) to all portions of the property for environrental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which an environmental investigation, remedial action, response action•, Book 2169 Page 681 or corrective action is foun 8 Meeac ssary 13 f 18 p 4 �io �e necessary after tRe date o�iitis conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, Grantor and Lucent and their respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to the record title owner) to enter upon the property and conduct investigations and surveys, to include drilling, test -pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with the record title owner and shall be performed in a manner which minimizes interruption with activities of authorized occupants. Grantor will provide the record title owner reasonable advance notice of such activities, responses, or remedial actions. D. Non -Interference Grantee covenants and agrees for itself, its successors and assigns and every successor in interest to the Property, or part thereof, that it or any party occupying the Property shall not disrupt or prevent the Army or Lucent, or their officers, employees, agents, contractors and subcontractors, or any other authorized party or entity from conducting required remedial investigations, response actions or oversight activities or from the proper and necessary construction, upgrading, operating, maintaining and monitoring of any treatment facilities or environmental monitoring network on the Property. E. CERCLA Warranty The Grantor warrants that when all response actions to protect human health and the envirorunent with, respect to any substance remaining on the property on the date of transfer has been taken, the Grantor shall execute and deliver to the Grantee an appropriate document containing a warranty that all such response actions have been taken. The making of the warranty shall be considered to satisfy the requirements of CERCLA 120(h)(3)(a)(ii)(I). 2. Land Use Restrictions A. Non -Residential Use Restriction Grantee, for itself and its successors and assigns, covenants and agrees, pursuant to N.C.G.S„ 130A-3I03(f), that, without the approval of the North Carolina Department of Environment and Natural Resources (NCDENR) or its successor in function, the use of the property shall be limited to commercial and industrial purposes and not residential purposes, the Property having been remediated only for commercial and industrial uses. Commercial and industrial uses include, but may not be limited to, administrative/office space, manufacturing, warehousing, restaurants, hotels/motels, and retail activities. Residential uses include, but may not be limited to, housing, day care facilities, schools. and other child -related uses. In connection with these land use restrictions, NCDENR may be contacted as follows: Nile r ffind man Superfund Section 17 LOVION ]P4,61, z 7' 401 Oberlin Road, Suite 150 Raleigh, NC 27605 B. Ground Disturbance Restriction 2169 p'°e 688 Book No 9999-99143798 14 of 16 pages Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successor(s) or assign(s), shall not conduct any excavation, digging, drilling or other disturbance of the subsurface of the Property without the written approval of NCDENR, unless: (i) the disturbance occurs outside of a ten (10) foot radius surrounding the former Underground Storage Tank and Waste Accumulation Pad areas, as indicated on the plat and (ii) the total depth of the disturbance is at least five feet above the permanent high water table. A map illustrating these areas is provided on the survey plat map (Attachment ). C. Groundwater Use Restriction Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successors or assign(s), shall not construct or permit to be constructed any well, and shall not extract, utilize, consume or permit to be extracted, any water from any aquifer below the surfaces of the ground for the purpose of human consumption, or other use, unless such has been expressly approved, in writing, by the NCDENR. D. Remediation Equipment Disturbance Restriction Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successors or assign(s), shall not disturb environmental remediation equipment without the written approval of the NCDENR. E. Modification of Use Restrictions (1) In the event Grantee, its successors or assigns, desires to use the property for any use other than non-residential use or remove the ground disturbance or groundwater use restrictions, then Grantee, its successors or assigns, shall perform all additional environmental remediation required by law and NCDENR for such other uses. (2) Any such additional remediation beyond non-residential use, or requests to remove the ground disturbance or groundwater use restrictions, by Grantee, its successors or assigns shall also be subject to the review and advance approval of the applicable federal or state authorities. All costs associated with any such additional environmental remediation necessary shall be the sole responsibility of Grantee, its successors or assigns. (3) Upon written request by Grantee. its successors or assigns, and without any payment of funds b:y Grantor. Grantor agrees, upon completion of any additional remedial action 18 f EMU .\� D __ ea°k 2169 Peg! 689 No 9999-00143708 15 of 16 pages performed by Grantee, its successors or assigns, under this paragraph, to cooperate with Grantee, its successors or assigns, in any application, permit, order, or effort to obtain approval from appropriate regulators for other than non-residential use or to remove ground disturbance or groundwater use restrictions and the removal or revision of the restriction. 19 �rrr�0i • J 6f 0 ca c c o f � p R .. - 6Cd1__ .. ca 0 m v c m M 9 � O a • m U m m J m N .b S m `m V7 C7 Book ^ 1 6 9 Page 690 rim C No 9999--00143706 16 of 16 pages m � a 9 C � m w c � v o- w` u m N N W V 4 C Hyy � mj m 9 9 C m � b O 3 �'e- � s m .� s = m �ms k .o .Y• m O G .y ay e c > •j m is Q: MML0LA q - a CL to S ZZ z a S" m io n m c v an, CL � •�• a N .c KJ •� a m C o 9 � V O u'Oa � w m 4 L m •= •m - c c � u o c � L c � E m � o � � m n n m m ^ r m cc C b ,� C CDa Y E o r 3 'v Q6 m Q R C ` ? C g v o m •� 9 m VS W O. d Q � q for the purposes of N.C.G.S. 103A-310.8 Dexter Matthews, Director Division of Waste Management North Carolina Wake County I, a Notary Public of the said County and State, do hereby certify that did personally appear and sign before me this the day of - Notary Public 0 PB. 4 P. 47 O N t 37 1 136 1 135 1 134 01 113t 113 I O 11 1 I I 1 zo I 1 ❑ i 2 1 I❑I 1 3 1 1❑1 cc F -, 141 I I I L -J I 1 1 1 1 1 N 89'41 59" E "CONTROL CORNER" 0 1 • __1 LEASE LOT 470.23' - - MW- 112 DB. 253 P.235 DUKE POWER COMPANY 1 N 5910.4521 £ 5001.1727 N 5847.8863 50' R/W k - O E 522J.8931 MW-1 10 -------------'-- J • MW-104 0 (official seal) N 5855.7923 PZ_ 1 £ 5056.9381 N 5837.0565 My commission expires LEGEND £ 5168.8.:56 Existing Iron Pipe ' • ® 1 ;',ME"I Surveyor's Certification New Iron Pipe O y Monument O 1=r:rr'e a :fnc,rI State of North Corolin Cou ty of Alamance I, � ���� certify that under Monitor Well MW-5 O Ir't'; "3t'''' N 5784.6811 MW- 1 11 N 5763.0211 my direction and supervision this map was drawn Spurge/Extraction iWell Q F_dV. (D E 50261714 £ 51809384 from an actual field land survey made by me; that Piezometer PZ- i the error of closure as calculated by latitudes and a) departures is 1 • 20,000 for the perimeter Groundwater Extraction �<< and 1 ; 20,000 for platting of interior lot and Treatment Remediatlon lines; that the boundaries not surveyed are shown System as broken lines plotted from deed information found Waste Accumulation Pad 1NAF 2 In deed book 234 page 3188 ; that this map was a prepared in a accordance with GS 47-30 as amended, Soil Vapor Extraction/ /a; that the survey was requested by the owner or his Srystemarging Remediation FO duly authorized agent; that all required monuments and markers have been Installed; that all new lines calculated from data not obtained in the field are indicated by a "C". This survey is of an existing parcel or parcels of land tfitilt/ and does not create a new street or change an - - - - - - - - - existing street; yio�� CARO,, _ _ _ _ _ _ _ _ _ St 9 ® aH• �� 20 ,y0 ���*��' ' SANITARY & STORM itness my hand and seal this �� day of 2003. vf��& SEWER EASEMENT j SEAL - Z Profes4na L nd urveyor L-4009 L•`` 09 V } Owner's Certification •riv 0 ��R� '►Q�.� Q. O I, (we) hereby certify that I (we) am (are) the pY.r L 2 owner(s) of the property, shown and described C hereon, which was conveyed to me (us) by deed as O at (6 O recorded in deed book 234 , page 318 , and that I lyl 41 (we) hereby acknowledge this plat and allotment to be my (our) free act and deed and do hereby_�- ct D 0` dedicate to public use as streets, rights -of -way, Zj and easements forever, all areas so shown or- Q CIO Z N indicated on said plat. AGENT Q Z (O t�ii CL TITLE V 3 State of North Carolina, County of Alamance �1WJ o I a notary public of the county and state ^ y e o N 5154.3040 N 5579.66J2 E 518J 5729 MW-101 0 1 z Q FAIRCHILD HEIGHTS RE-DIWS/ON OF A PART OF W THE SMITH PROPERTY ,. P8.4 P.47 J "FAIRCHILD HEIGHTS" P8.4 P.146 > m I o toll tot O I 0 J 19; a 0 8 L-J I Q 10 )F LIN ORTH 0.51' NORTH OF LINE �� 1069.40' 1 O 1 t 99 Ot' 368.97' 0 35' SOUTH N 5852.5291 N 5911.5961 - v N 5909.0026 R/1Y MON I • OF LINE E 5611.7f94 E 5802.3565 ` E 5857.5747 1.96- SOUTH f MW-1 18 MW-1 14 OF LINE 0 yzT 4rec I I '90.0275 5784.1222 16. Rc H • 194 6145 N 5604. 7 8N 57el.37J0 N 5901 5915 E 54 E 5684. 7926 E 580J 1202 I -102 N 5764.31/4 tiEW\ti- 1 1 1I E 5532 8857 `.," W - i •= M9 Tin� E 1) N 5748.9634 LC03 E `,r VJ 1 .;EI 5717.8990 O i N 5734 9193 I i N 571J.3595 £ 5590.2980 MW- 103 3 LIST OF CHEMICALSF N __ N 5706.6275 E 5456 5578 MW- 1 1 5 £ 5653 50 -0 I O LUCENT. "Al M W -109 _ � F r _ - � N 5734 888 �7 - E:!. nment,.�' • F'`� '� £ 5744-5677 ! ;� PETROLEUM HYDROCARBO---- F N 5714.5570 0 cV CHLORINATED VOLATILE ORGANIC COMPOUNDS E 5581.9474 N 5669.1814 sEw' 14 O TAMP: CHEMICALS OF CONCERN N 5676 938J N 5711.9744 ® E 56JZ2835 N 5655 9824 £ 560J.0797 £ 5487.6979 MW-108 E 5720 7776 to MW-2- BENZENE N 5609 0111 Srv+ - 1 \01 0 MW-1 1 6 I I TRICHLOROETHENEC £ 5420 2819 -!y 3 N 5629.7049 - N 5645.956E MW- 1 17O ❑ N 5600.9886 0 E 5603.2349 E 57452814 MW-5: BENZENE • E 5550.1906 I TRICHLOROETHENE 0 MP- 1 El MW-1 13 e C-VOCS* N 5601.6032 ' i T A7 a N 5610.7258 MP-2 E 5654.1429 It)' , � 100' R W MW-1 1: BENZENE Fc�-. I O TRICHLOROETHENE E 5456.0875 VP-1 \ MW- 107 PUBLIC /Q1 AP-1 --'1 N5655.7834 C-VOCS• ❑-' O MW- 1 1 N 5573.5208 E 56883614 I I MW-102• BENZENE MW- 106 LPL.___ N 55475261 E 5592-6968 TRICHLOROETHENE J "D T " F-''4 -. 11 E 5621. t56 C-VOCS• 0 P,;,t N55J89522 �F„ 4 I MW-103: BENZENE N 5556.9946 N 5539.64J3 E 5513 8245 r, ' TRICHLOROETHENE vt'�+ E 54831333 VJAr' a:e E 5609.1765 GRAHAM - HOPEDALE ROAD R/W 50' R W C-VOCs• 'r')• P,t•1 IS SHOWN AS 100' WIDE ON I ! MW-104: BENZENE N 5543.4235 ALAMANCE COUNTY TAX MAP PUBLIC TRICHLOROETHENE E 5580.3280 148-598-600 PB 47 P 18 C-VOCs• VICINITY ► AP VAUGHN ROAD o� p HI L TON ROAD 7- W S%TE m p = A4R77A, N. US )O 9 Sr A CyUR c S7�- MEBANE PB.30 P 126, PB. 4 P. 146, I I MW-106: BENZENE AND PB. 4 P. 47. C TRICHLOROETHENE ' MW-107: BENZENE WASHINGTON NATIONAL INSURANCE CO. 1. TRICHLOROETHENE GRAHAM - HOPEDALE ROAD R/W I C-VOCs• (CAROLINA RAYON MILLS) TRACT NO. 1 IS SHOWN AS 50' WIDE ON NCDOT P8.4 P.125 CONSTRUCTION PLANS, PROJECT o ' a MW-108 BENZENE v � TRICHLOROETHENE NO. 9.7070103, AND ON PB.4 +.; I m C-VOCs ALSO REFERENCE- PART OF LOT 1, 22.04 ACRES± P.125, AND PB 1 P. 155. ai - " - - M1h=t09: BENZENE-- - - - BURLINGTON RAYON MILLS ' ITRICHLOROETHENE PB. 4 P. 1,38 RECORD DEED CLOSURE ERROR. 1.55' PLAT AT P8.25 P 135 SHOWS MW_ 110: BENZENE DUKE POWER COMPANY S 35' 24' 15" W ; DB.234 PG.318. BOTH 50' AND 100' R/W'S, AND I w J Q TRICHLOROETHENE RELOCATION OF SUBS TA TION L 0 T & TRANSMISSION LINE SERVING WESTERN ELECTRIC CO., INC. PB.10 P. 72 aforesaid, certify that o £ 5035.4850 DEFENSE STREET CLOSED personally appeared Z MW-105 DB.497 P 594 z before me this day and acknowledged the execution REFERENCE R/W. of the foregoing instrument. O 10 O REVELL STREET CLOSED NOS. 2 TO SUBDITO 12, INC. OF THE OF LOTS W Witness my hand and official stamp or seal, this ::X ri o OB.744 P.232, DB.792 P•337 LYNN DURHAM PROPERTY y of 2003. Q "' REFERENCE R/W. PB. 4 P. 21 Notary Public My commission expires Planning Director Certification No approval required under section 33-1 of the code of ordinances of the City of Burlington. Planning Director Review Officer's Certificate State of North Carolina County of I, , Review Officer of County, certify that the mop or plat to which this certification is affixed meets all statutory requirements for recording. Review Officer Date Deed Restrictions: 1) Any excavation, digging, drilling, other disturbance of the subsurface without the written approval of NCDENR is prohibited except when: i. the disturbance occurs outside of a 10 foot radius surrounding the former UST and WAP areas; and ii, the total depth of the disturbance is at least five feet above the permanent high water table. 2) Disturbance of the environmental remediation installations without the written approval of NCDENR is prohibited. 3) Removal or use of groundwater beneath the site without the written approval of NCDENR Is prohibited. NCDENR Division of Waste Management may be contacted at 919-733-2801. When all response action necessary to protect human health and the environment with respect to any substance remaining on the property on the date the transfer has been taken, the United States shall execute and deliver to the transferee on appropriate document containing a warranty that oil such response has been taken as determined by the North Carolina Department of Environment and Natural Resources, and the environmental restrictions on the property shall be deemed to be of no further cause or effect. REFERENCE PLAT.• TRACT NO. 1, PROPERTY OF PB.4 P.21 BENCHMARK 0 89' SOUTH 2.19' SOUTH l 0.25' NORTH COORDINATES OF LINE OF LINE N 11.1�p5 cj /OF LINE N 5000 0000 10 04' E 5000.0000 269.13' "CONTROL CORNER" 279.17' -- S 89-41'36" W v S 89'48'57" W - - 493.52' -235.77----- PROPER TY OF � l � SD • R/y. MR. L YNN DURHAM �Q l If PB.1 P. 155 / W l / IR QQO� / / �V Q� �N •1VD� �° l l PROPERTY OF o Q Q0. // l BETTY T. WOOD QQQ� US PB.65 P.352 O QQ�Q m O, NOTES A) NO TITLE SEARCH WAS PERFORMED BY THIS FIRM DURING THE COURSE OF THIS SURVEY. B) THE PROPERTY SHOWN HEREON IS SUBJECT TO F) THE SURVEY RECORDED /N PLAT BOOK i, PAGE 155 ALL EASEMENTS OF RECORD AFFECTING SAME. CALLS FOR A 10-FOOT RIGHT OF WAY ON THIS REPORTS THAT RECORD VERIFICATION i --VOCs WAS NOT ESTABLISHED. ACCORDING MW-1 1 1 • BENZENE TO A NON -RECORDED SURVEY BY I 0) N TRICHLOROETHENE MONT B. GILMORE ON 10/24/90, l -� _ C VOCs• A LETTER FROM NORTH CAROLINA ry m MART/N MW-112 BENZENE DEPARTMENT OF TRANSPORTATION z e TRICHLOROETHENE TH TO E ARMY CORPS OF ENGINEERS R STEET E C-vOCs• ON 9/9/82 VERIFIED A 50' R/W. I MW-113: BENZENE / TRICHLOROETHENE C-VOCs• MW-114• BENZENE TRICHLOROETHENE N 5030 9712 C-VOCS* E 5829 7220 MW-1 15: BENZENE o.as' NA4TH MW-5 If *CHLORIDE VOCs TRICHLOROETHENE OF LINE -METHYLENE CHLORIDE C-VOCs• I / 3 -CHLOROFORM MW-116: BENZENE c -1,1-DICHLOROETHENE TRICHLOROETHENE S 89'41'36" W °) a> ' N -1,2-DICHLOROETHENE (TOTAL ) C-VOCs l I -1,1-DICHLOROETHENE (CIS) JO_HN N. BAKA TSIAS "� 1,1-DICHLOROETHENE (TRANS) MW-1 17: BENZENE & In -1.1-DICHLOROETHENE TRICHLOROETHENE -' "" TERRY N. BAKA- TSIAS cn I -1,2-DICHLOROETHENE C-VOCs• OB.401 P.843 -1,1,1-TRICHLORETHENE -TRICHLORETHENE MW-118 BENZENE / PB 1 P 155 I -TETRACHLOROETHENE TRICHLOROETHENE -CARBON TETRACHLORIDE C-VOCs -VINYL CHLORIDE PROPER T Y OF I JOHN NICK BAKA TSIAS THEODORE NICK BAKA TSIAS - -�- GEORGE NICK BAKA TSIAS PB. 30 P.126 1 FINAL PLA T NOTICE OF INACTIVE HAZARDOUS SUBSTANCE SITE SURVEY OF THE TARHEEL ARMY MISSILE PLANT C) THIS FIRM MAKES NO GUARANTEE AS TO THE PROPERTY, ALONG THE NORTH SIDE OF THE o� J PROPERTY LOCATED AT Q BURLINGTON TOWNSHIP ALAMANCE COUNTY NORTH CAROLINA EXISTENCE OR LOCATION OF ANY UNDERGROUND SOUTHERN PROPERTY LINE. THERE IS NO OTHER 204 GRAHAM-HOPEDALE ROAD BURLINGTON, NORTH CAROLINA U77L1nES OR IMPROVEMENTS ON OR ACROSS RECORD OF ANY RIGHT OF WAY FOUND THERE. DATE: GT� : 09�11 �01 SCALE: 1 "= 100' 7`H/S PROPERTY. ANY UNDERGROUND U77LITIES G) OTHER PLATS OF REFERENCE. 100' So' 0' 100' 200' OR IMPROVEMENTS SHOWN HEREON HAVE BEEN P8.24 P.12, AND P6.25 P.138. PROPERTY OF: GRAPHIC SCALE LOCATED FROM VISIBLE EVIDENCE AND AVAILABLE INFORMATION. H) ORIGINAL SURVEY SIGNED AND SEALED BY K. GARY UNITED STATES OF AMERICA SIMMONS ENGINEERING & SURVEYING, INC. JOB # 01-09-02 SURVEY BY JLA SIMMONS, PLS-2482, ON SEPTEMBER 11, 2001. SURVEYED FOR: 0) NO NORTH CAROLINA GEOOE71C CONTROL THE 01WSION OF WASTE MANAGEMENT AN THE LIST OF CONCERNED CHEMICALS ADDEDFIOATTHE PLAT U.S. ARMY ENWRONAIENTAL nTOEAA� ND MISSILE COMMAND 115 GLENDALE AVENUE BURLINGTON, N.C. DWG BY RWJ APP'D BY KGS MONUMENTS WERE FOUND WTHIN 2,000 FEET ON AUGUST 15, 2003. AMSAM-EN OF THIS PROPERTY. ENGINEERING, ENVIRONMENT AND LOGIS77C5 OVERSIGHT OFFICE PHONE: (336) 222-9700 FACSIMILE: (336) 222-9637 E) TAX MAP REFERENCE: 148-600-214. REDSTONE ARSENAL, AL J5898 REVISED: 08/15/03 BK 03777 PG 0599 FILED ELECTRONICALLY ALAMANCE COUNTY NC HUGH WEBSTER This instrument prepared by: Kennon Craver, PLLC, a licensed North Carolina attorney, Delinquent taxes, if any, to be paid by the closing attorney to the Tax Collector upon disbursement of closing proceedings. FILED May 31, 2018 AT 12:25:27 PM BOOK 03777 START PAGE 0599 END PAGE 0602 INSTRUMENT # 08973 EXCISE TAX $3,500.00 NORTH CAROLINA. SPECIAL WARRANTY DEED Excise Tax: $3,500.00 Return to: Grantee This instrument was prepared by: Richard H. Hicks, Ir. Attorne aft L,a��lithout examination cftitle Brief description for the Index: Parcel Identifier No. 8875945707 el f THIS DEED made this _CI_L_ day of /t/AL,/ 2018, by and between GRANTOR Donald G. Neuenberger, Trustee of the R.D.N Trust dated December 5, 2016, and any amendments thereto c/o Hicks McDonald Noecker LLP 100 South Elm Street, Suite 510 Greensboro, NC 27401 GRANTEE CENTRAL PARK BURLINGTON, LLC, a North Carolina limited liability company 7 120 Creek Wood Road Chapel 1-1111, NC 27514-7450 The designation Grantor and Grantee as used herein shall include said par -ties, their heirs, successors, and assign, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Burlington Township, Alamance County, North Carolina, and more particularly described as follows: ALL OF THAT PROPERTY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. The property hereinabove described was acquired by Grantor by instrument recorded in Book I _, page_ A map showing the above described property is recorded in Plat Book page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, submitted electronically by "Kennon Craver, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Alamance county Register of Deeds. BK 03777 PG 0600 The property conveyed hereby does not include the primary residence of Grantor. And the Grantor covenants with the Grantee, that Grantor has (lone nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Those exceptions set out on EXHIBIT B, which is attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written ze�n� Y,--- [SEAL] �i'Neuenberg, , Tr e of the R.D.N Trust December 5, 6, < -/,-�,��'nd any amendments thereto (Name of Notary Public), a Notary Public of the County of and State of f certify that Donald G. Neuenberger, Trustee aL of the R.D.N Trust dated December 5, 2016, an any amendments thereto personally came before me this day and acknowledged the execution of the foregoing instrument. ,WT64S my hand and official seal or stamp, this the day of Aj 20/� 0 [Af fikisl0 /Stamp] • t Jul 0 PUbfic Signature of Notary PWic *--4� cc� My CNi"kM Expires: BK 03777 PG 0601 All that certain tract or parcel of land situated in Alamance County, North Carolina and more particularly described as follows: STARTING at a point which is located by starting at NCGS "Plymouth" (Northing: 854237.4798 feet, Fasting: 11872394.282 feet), thence North 81 degrees 6' 43" East 3,467.64 feet to NCGS "Kirk" (Northing: 854773.1885 feet, Fasting: 181/5819,926 feet); thence South 81 degrees 5' 32" East 3,213.92 feet to a disk (Northing: 854275.5349 feet, Fasting: 1878995.0872 feet) the point and place of BEGINNING; thence North 00 degrees 23' 00" West 920.56 feet to an iron pin; thence North 89 degrees 41' 39" East 1,069.48 feet to a disk in the light of way of North Graham -Hopedale Road; thence South 3 degrees 23' 521" West 922.47 feet to an iron pin; thence South 89 degrees 41' 37" West 493.49 feet to a point-, thence South 17 degrees I 1' 36" West 15.90 feet; thence South 89 degrees 43' 21" West 235.95 feet to a point; thence North 17 degrees I V 36" East 15.77 feet to an iron pin; thence South 89 degrees 41' 37" West 279.18 feet to the point and place of BEGINNING and being 22.04 acres, more or less, according to the survey entitled "Plat for Hopedale Investment, LLC" prepared by Boswell Surveyors, Inc., dated September 24, 2004. TOGETHER WITH all improvements located on the land and all fixtures attached or appurtenant to the land or improvements; and TOGETHER WITH all rights now or ever possessed by Grantor as to the United States governi-nent regarding responsibility for the investigation, remediation, removal and cleanup of hazardous substances or wastes present on the property, including but not limited to all rights and interests arising from that Quitclaim Deed from the United States of America to Hopedale Investment, LLC dated November 29, 2004, recorded on November 30, 2004 in Book 2169, Page 675, Alan ance County Registry and under that Consent Agreement entered into on February 19, 2004 between the Director of the Division of Waste Management of the North Carolina Department of Environment and Natural Resources and the Deputy Assistant Secretary of the Army and the Remedial Action Plan, attached thereto. BK 03777 PG 0602 EXHIBIT B TO SPECIAL WARRANTY DEED FROM DON ,I) G. NEUENBERGER, TRUSTEE OF THE R.D.NTRUST DATED DECEMBER 5,2016 TO CENTRAL PARK BURLINGTON LEG This conveyance is made subject to the following exceptions: 1. 2018 ad valorem taxes, and subsequent years'. 2. Title to any portion of the land lying within the light of way of Graham -Hopedale Road, F Martin Street, and US 70; 3. Restrictions and other matters contained in Quitclaim Deed(s) filed for record in Book 2169, Page 675, and in Book 2169, Page 691, Alamance County Registry; and 4. Rights of tenants in possession, as tenants only, under unrecorded leases for a duration of less than three (3) years; and 5. Easements, covenants, restrictions and rights of way appearing of record which affect the property and which are legally enforceable. Authorized Contract as Proof of Agent Authorization OMB No.: 9000-0014 STATEMENT AND ACKNOWLEDGMENT Expires: 6/30/2027 Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat, (VIR), Regulatory and Federal Assistance Division, GSA, Washington, DC 20405; and to the Office of Management and Budget, Paperwork Reduction Project (9000-0014), Washington, DC 20503. PART I - STATEMENT OF PRIME CONTRACTOR 1. PRIME CONTRACT NO. 2. DATE SUBCONTRACT 3. SUBCONTRACT NUMBER AWARDED W912HN21 F1006 W912HN21 F1008-01 2023, July 12 4. PRIME 5. SUBCONTRACTOR a. NAME a. NAME NORTHWIND ENGINEERING, LLC. TERRACON CONSULTANTS, INCj b. STREET ADDRESS C. STREET ADDRESS 105 MAIN ST., PO BOX 232 2401 Brentwood Rd. Suite 107 d. CITY d. STATE e. ZIP CODE c. CITY d. STATE ZIP CODE SHELOCTA PA 15774 Raleigh NC �f. 27604 6. The prime contract L)q does, U does not contain the clause entitled "Contract Work Hours and Safety Standards Act -- Overtime Compensation." 7. The prime contractor states that under the contract shown in Item 1, a subcontract was awarded on the date shown in Item 2 to the subcontractor identified in item 5 by the following firm: a. NAME UF AVVAHUINU FIRM NORTHWIND ENGINEERING, LLC. b. DESCRIPTION OF WORK BY SUBCONTRACTOR For detailed scope, see Exhibit A and A.1 within their subcontract agreement. 7. PROJECT 9. LOCATION REMEDIAL INVESTIGATION FOR TARHEEL ARMY MISSILE PLANT, BURLINGTON, NC BURLINGTON, NC 10a. NAME OF PERSON SIGNING 11. BY (Signature) 12. DATE SIGNED Darcia North Wind 10b.Man TITLE F PER N I NIN 1 h � 8/2/2023 Managing Member -� - PART II - ACKNOWLEDGMENT OF SUBCONTRACTOR 13. The Subcontractor acknowledges that the following clauses of the contract shown in Item 1 are included in this subcontract: Contract Work Hours and Safety Davis -Bacon Act Standards Act - Overtime Apprentices and Trainees Compensation - (If included in prime contract see Block 6) Pay- Compliance with Copeland Act Requirements rolls and Basic Records Subcontracts (Labor Standards) Con - Withholding of Funds tract Termination - Debarment Disputes Concerning Labor Standards Certification of Eligibility Compliance with Davis -Bacon and Related Act Regulations 14. NAME(S) OF ANY INTERMEDIATE SUBCONTRACTORS, IF ANY A SR&R Environmental, Inc. C Eurofins Environment Testing B Redox Tech, LLC D D. A&DTEnvironmental Services, Inc. 15a. NAME OF PERSON SIGNING Michael T. Jordan 15b. TITLE OF PERSON SIGNING SE Division Manager 16. BY (Signature) 4 STANDARD FORM 1413 (REV. 7/2005) Prescribed by GSA/FAR (48 CFR) 53.222(e) Page 22 of 24 17. DATE SIGNED 08/02/2023 ORDER FOR SUPPLIES OR SERVICES PAGE I OF 10 I. CONTRACT/PURCH. ORDER/ 2. DELIVERY ORDER/CALL NO. 3. DATE OF ORDER/CALL 4. REQJ P URCH. REQUEST NO. 5.PRIORITY AGREEMENTNO. (YYYYMMMDD) W912HN18D1006 W912HN23F1012 2023 Jun 07 W33SJG31530180 6. ISSUED BY CODE I W912HN 7, ADMINISTERED BY (ifotherthan 6) CODE 8. DELIVERY FOB USACE - SAVANNAH DISTRICT 100 W. OGLETHORPE AVE SEE ITEM 6 DESTINATION SAVANNAH GA 31401 eX OTHER (See Schedule if other) 9. CONTRACTOR CODE 6Y FZO FACILITY 10. DELIVER TO FOB POINT BY (Date) 1 I.MARK IF BUSINESS IS (YYYYMMMDD) )( SMALL NORTHWIND-JACOBS JOINT VENTURE SEE SCHEDULE NAME 105 MAIN ST )( SMALL 12. DISCOUNT TERMS Net 30 Days AND SHELOCTA PA 15774-7433 X DISADVANTAGED ADDRESS WOMEN -OWNED 13. MAIL INVOICES TO THE ADDRESS IN BLOCK See Item 15 14. SHIP TO CODE W912HN 15. PAYMENT WILL BE MADE BY CODE 1 964145 USACE -SAVANNAH DISTRICT US ARMY CORPS OF ENGRS FINANCE CENTER ALL SEE SCHEDULE FOR DELIVERY LOCATION CEFMARK 100 W. OGLETHORPE AVE PACKAGES AND SAVANNAH GA 31401 5722 INTEGRITY DRIVE 722 PAPERS WITH MILLINGTON TN 38054-5005 IDENTIFICATION NUMBERS IN BLOCKS 1 AND 2. 16. DELIVERY/ X This delivery order/call is issued on another Government agency or in accordance with and subject totems and conditions ofabove numbered contract. TYPE CALL OF PURCHASE Reference your quote dated ORDER Furnish the following on terms specified herein. REF: ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME. NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED (YYYYMMMDD) ElIf this box is marked, supplier must sign Acceptance and return the following number of copies: 17. ACCOUNTING AND APPROPRIATION DATA/ LOCAL USE See Schedule 18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES 20. QUANTITY ORDERED/ 21. UNIT 22. UNIT PRICE 23. AMOUNT ACCEPTED* SEE SCHEDULE 24. UNITED STATES OF AMERICA *Ifquantity accepted bythe Government is sameas C TEL: 912-652-5105 /iJU�__�{1' e i) A25. A TOTAL quantity ordered, indicate by X. Ifdifferent, enter actual EMAIL: Chad. A.Arnett@ u sace. army. mi l (\. 26 quantity accepted below quantity ordered andencircle. BY: CHAD A ARNETT CONTRACTING / ORDERING OFFICER DIFFERENCES 27a. QUANTITY IN COLUMN 20 HAS BEEN INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT ASNOTED b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE d. PRINTED NAME AND TITLE OF AUTHORIZED (YYYYMMMDD) GOVERNMENT REPRESENTATIVE e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP NO. 29. DO VOUCHER NO.30. INITIALS H PARTIAL 32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR f. TELEPHONE NUMBER E-MAIL ADDRESS 1g. FINAL 36. 1 certify this account is correct and proper for payment. 31. PAYMENT COMPLETE 34. CHECK NUMBER a. DATE b. SIGNATURE AND TITLE OF CERTIFYING OFFICER (YYYYMMMDD) PARTIAL 35. BILL OF LADING NO. FINAL 37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED 40.TOTAL 41. S/R ACCOUNT NO 42. S/R VOUCHER NO. (YYYYMMMDD) CONTAINERS DD Form 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.