HomeMy WebLinkAboutWI0400614_Notification of Intent (NOI) – GW Remediation_20240207NC Department of Environmental Quality — Division of Water Resources (DWR)
NOTIFICATION OF INTENT (NOI) TO CONSTRUCT OR OPERATE INJECTION WELLS
The following are `permitted by rule" and do not require an individual permit when constructed in accordance
with the rules of ISA NCAC 02C.0200 (NOTE: This form must be received at least 14 DAYS prior to injection)
AQUIFER TEST WELLS (15A NCAC 02C .0220)
These wells are used to inject uncontaminated fluid into an aquifer to determine aquifer hydraulic characteristics.
IN SITU REMEDIATION (15A NCAC 02C .0225) or TRACER WELLS (15A NCAC 02C .0229):
1) Passive Injection Systems - In -well delivery systems to diffuse injectants into the subsurface. Examples include
ORC socks, iSOC systems, and other gas infusion methods (Note: Injection Event Records (IER) do not need to be
submitted for replacement of each sock used in ORC systems).
2) Small -Scale Injection Operations —Injection wells located within a land surface area not to exceed 10,000
square feet for the purpose of soil or groundwater remediation or tracer tests. An individual permit shall be required
for test or treatment areas exceeding 10,000 square feet.
3) Pilot Tests - Preliminary studies conducted for the purpose of evaluating the technical feasibility of a
remediation strategy in order to develop a full scale remediation plan for future implementation, and where the
surface area of the injection zone wells is located within an area that does not exceed five percent of the land surface
above the known extent of groundwater contamination. An individual permit shall be required to conduct more
than one pilot test on any separate groundwater contaminant plume.
4) Air Injection Wells - Used to inject ambient air to enhance in -situ treatment of soil or groundwater.
5) In -Situ Thermal Wells (IST) — Used to `heat' contaminated groundwater to enhance remediation.
Print Clearly or Type Information. Illegible Submittals Will Be Returned as Incomplete.
DATE: January 9, 2024 PERMIT NO. WI0400614 (to be filled in by DWR
NOTE- If this NOI is being submitted as notification of a modification of a previously issued NOI for this site (e.g.,
different injection wells, plume, additives, etc.) and still meets the deemed permitted by rule criteria, provide the
previously assigned permit tracking number and any needed relevant information to assess and approve injection:
Permit No.
Issued Date:
A. WELL TYPE TO BE CONSTRUCTED OR OPERATED
(1) Air Injection Well ....................................... Complete sections B through F, J, M
(2) Aquifer Test Well ....................................... Complete sections B through F, J, M
(3) Passive Injection System ............................... Complete sections B through F, H-M
(4) Small -Scale Injection Operation ...................... Complete sections B through M
(5) X Pilot Test ................................................. Complete sections B through M
(6) Tracer Injection Well ................................... Complete sections B through M
(7) In -Situ Thermal (IST) Well ........................... Complete sections B through M
B. STATUS OF WELL OWNER: Federal Government
Deemed Permitted GW Remediation NOI Rev. 2-17-2020 Page 1
C. WELL OWNER(S) — State name of Business/Agency, and Name and Title of person delegated authority to
sign on behalf of the business or agency:
Name(s): US Army Corps of Engineers USACE)_(Dena Thompson — Project Manager)
Mailing Address: 100 W O leg thorpe Ave
City: Savannah State: GA Zip Code: 31401 County: Chatham
Day Tele No.: 912-652-5087 Cell No.:
EMAIL Address: Dena.B.Thompson&usace.army.mil Fax No.:
D. PROPERTY OWNER(S) (if different than well owner/applicant)
Name and Title: David Tsui — Property Owner (Contact information for property owner's
environmental consultant, Jeff Ballsieper with Progress Environmental Group, Inc., is provided below)
Company Name Central Park Burlington LLC
Mailing Address: 7120 Creek Wood Drive
City: Chapel Hill State: NC Zip Code: 27514 County: Orange
Day Tele No.: 336-722-9999 Cell No.: 336-782-9725
EMAIL Address: jballsieperkprogressenv.com Fax No.:
E. PROJECT CONTACT (Typically Environmental Consulting/Engineering Firm)
Name and Title: Ethan Dinwiddie - Terracon Project Manager
Company Name Terracon Consultants, Inc.
Mailing Address: 2401 Brentwood Road, Suite 107
City: Raleigh State: NC Zip Code: 27604 County: Wake
Day Tele No.: 919-436-2965 Cell No.: 828-550-5502
EMAIL Address: ehan.dinwiddie(cr�,terracon.com Fax No.:
F. PHYSICAL LOCATION OF WELL SITE
(1) Facility Name & Address: Former Tarheel Army Missile Plant, 204 North Graham -Hopedale Road
City: Burlington County: Alamance Zip Code: 27217
(2) Geographic Coordinates: Latitude": 36.098803
Longitude":-79.408670
Reference Datum: WGS 1984 Accuracy:
Method of Collection: Google Earth
"FOR AIR INJECTION AND AQUIFER TEST WELLS ONLY: A FACILITY SITE MAP WITH PROPERTY
BOUNDARIES MAY BE SUBMITTED IN LIEU OF GEOGRAPHIC COORDINATES.
G. TREATMENT AREA
Land surface area of contaminant plume:—1,000,000 square feet
Land surface area of inj. well network: —5,000 square feet (< 10,000 W for small-scale injections)
Percent of contaminant plume area to be treated: 0.5% (must be < 5% of plume for pilot test injections)
Deemed Permitted GW Remediation NOI Rev. 2-17-2020 Page 2
H. INJECTION ZONE MAPS — Attach the following to the notification.
(1) Contaminant plume map(s) with isoconcentration lines that show the horizontal extent of the
contaminant plume in soil and groundwater, existing and proposed monitoring wells, and existing and
proposed injection wells;
See attached soil and groundwater analytical results maps and "heat" maps for PCE,
TCE, and vinyl chloride in plan view and cross-section view.
(2) Cross-section(s) to the known or projected depth of contamination that show the horizontal and vertical
extent of the contaminant plume in soil and groundwater, changes in lithology, existing and proposed
monitoring wells, and existing and proposed injection wells.
See attached soil analytical results map with estimated residual soil contamination extent
and cross section view of lithology and proposed injection wells.
(3) Potentiometric surface map(s) indicating the rate and direction of groundwater movement, plus existing and
proposed wells.
See attached potentiometric surface maps for saprolite and bedrock aquifers in August
2022. Groundwater on the site has historically been mapped flowing to the northwest.
I. DESCRIPTION OF PROPOSED INJECTION ACTIVITIES AT THE SITE — Provide a brief narrative
regarding the cause of the contamination, and purpose, scope, goals of the proposed injection activity:
The site is a former U.S. Armv owned facilitv that operated as a missile, aircraft, and electronics Droduction
plant. Operations at the site have resulted in contaminated soil and groundwater. Known ,groundwater
contaminants include, but are not limited to PCE, TCE, chlorinated degradation compounds, and petroleum -
related compounds. Thirteen (13) temporarnjection wells will be used to construct an in situ reactive zone
perpendicular to groundwater flow to promote enhanced reductive dechlorination (ERD). The temporarX
injection wells will be constructed using sonic drillingtechniques. chniques. The injectant will be hydraulically fractured
into the saprolite and bedrock units through the drill rods at depths up to 45 feet below ground surface. The
Dumose of the Droiect is to implement an interim remedial action to limit the off -site migration of the
contaminants in ,groundwater.
J. WELL CONSTRUCTION DATA
(1) No. of injection wells: 13 Proposed 0 Existing (provide NC Well
Construction Record (GW-1) for each well)
(2) Appx. injection depths (BLS): Saprolite Zone (15-25 ft bgs): In bedrock (25-45 ft bgs)
(3) For Proposed wells or Existing wells not having GW-Is, provide well construction details for each
injection well in a diagram or table format. A single diagram or line in a table can be used for
multiple wells with the same construction details. Well construction details shall include the
following (indicate if construction is proposed or as -built):
(a) Well type as permanent, Geoprobe/DPT, or subsurface distribution infiltration gallery
(b) Depth below land surface of casing, each grout type and depth, screen, and sand pack
(c) Well contractor name and certification number
K. INJECTION SUMMARY
NOTE: Only iniectants approved by the epidemiology section ofthe NC Division of Public Health. Department
of Health and Human Services can be injected. Approved iniectants can be found online at
hiip:Hdeg.nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/2round-water-
Deemed Permitted GW Remediation NOI Rev. 2-17-2020 Page 3
protection/,ground-water-approved-injectants. All other substances must be reviewed by the DHHS prior to use.
Contact the UIC Program for more info if you wish to get approval for a different additive. However, please
note it may take 3 months or longer. If no injectants are to be used use N/A.
Injectant: ABC+ Total Amt. to be injected (gal)/event: 50,140 lbs
Injectant: RTB-l/DHC (dehalococcoides)_Total Amt. to be injected (gal)/event: 30 Liters
Injectant: Total Amt. to be injected (gal)/event:
Injectant: Total Amt. to be injected (gal)/event:
Total Amt. to be injected (gal/event): Approximately 50,000 lbs of iniectant material mixed with
approximately 8,500 gallons of water to form approximately 13,150 gallons of a 40 weight percent slurry.
No. of separate injection events: l Total Amt. to be injected (gal): 13,150
Source of Water (if applicable): fire hydrant or equivalent municipal water source
L. MONITORING PLAN — Describe below or in separate attachment a monitoring plan to be used to determine
if violations of groundwater quality standards specified in Subchapter 02L result from the injection activity.
One existing monitoring well up_cradient and five existing monitoring wells downgradient of the treatment area
will be used to monitor the progress of the injected permeable reactive barrier. A groundwater monitoringeven
vent
will be performed prior to the injection activities. Terracon will prepare and submit an Injection Event Record
(NCDEO Form UIC-IER) to document the injection activities in addition to an Interim Action Completion
Report for the in situ groundwater treatment activities. Quarterly groundwater monitoring events will be
conducted to track changes to the aquifer geochemical parameters including pH, oxidation-reduction potential,
temperature, conductivity, and turbidity. Semiannual groundwater sampling events will be conducted to monitor
concentrations of VOCs, dissolved gases, and total organic carbon, and track changes in the aquifer geochemical
parameters.
M. SIGNATURE OF APPLICANT AND PROPERTY OWNER
Well Owner/Applicant: "I hereby certijy, under penalty of law, that I am familiar with the information
submitted in this document and all attachments thereto and that, based on my inquiry of those individuals
immediately responsible for obtaining said information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties, including the possibility of fines and imprisonment,
for submitting false information. I agree to construct, operate, maintain, repair, and if applicable, abandon the
injection well and all related appurtenances in accordance with the 1 SA NCAC 02C 0200 Rules. "
Ethan Dinwiddie, Project Geologist, as Agent of USACE
Signature of Applicant Print or Type Full Name and Title
Deemed Permitted GW Remediation NOI Rev. 2-17-2020 Page 4
Property Owner (if the property is not owned by the Well Owner/Applicant
"As owner of the property on which the injection well(s) are to be constructed and operated, I hereby consent to
allow the applicant to construct each injection well as outlined in this application and agree that it shall be the
responsibility of the applicant to ensure that the injection well(s) conform to the Well Construction Standards
(15A NCAC 02C .0200). "
"Owner" means any person who holds the fee or other property rights in the well being constructed. A well
is real property and its construction on land shall be deemed to vest ownership in the land owner, in the
absence of contrary agreement in writing.
See attached Quitclaim Deed granting USACE access to the site for environmental remediation activities.
Signature* of Property Owner (if different from applicant) Print or Type Full Name and Title
*An access agreement between the applicant and property owner may be submitted in lieu of a signature on this form.
Please send 1 (one) hard color copy of this NOI along with a copy on an attached CD or Flash Drive at least
two (2) weeks prior to injection to:
DWR — UIC Program
1636 Mail Service Center
Raleigh, NC 27699-1636
Telephone: (919) 707-9000
Deemed Permitted GW Remediation NOI Rev. 2-17-2020 Page 5
Injection Zone Maps
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Page 4 of 7
bedrock, injections will be conducted using straddle packers to isolate specific 2 to 3 foot
long zones, injecting into natural flow paths. Where competent rock is encountered, no
injections will be performed.
Figure 1. Reactive Zone Location and Layout
Redox Tech recommends applying 49,400lbs of ABC' within the reactive zone. Within
the saprolite the ZVI is equivalent to 0.2 weight percent with respect to soil assuming a soil
density of 110 lbs per cubic foot. The ABC® will be diluted with potable water to form a
15 weight percent solution equating to approximately 5,600 gallons of slurry which is
equivalent to approximately 5 percent of the available pore space assuming a porosity of
30 percent. For the bedrock zone, we are recommending applying a similar slurry mixture
but targeting 10 percent of the effective porosity (estimated at 10 percent). This equates to
7,550 gallons of slurry.
Redox Tech assumes a water source will be available on site (i.e. a fire hydrant or
equivalent). Redox Tech will provide all hoses and connections, including a backflow
preventer if needed, to transfer water from the hydrant to a storage vessel. Redox Tech has
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Injection Well Diagram
Well ID: IRA-IW-01 through IW-13
Site Location: 204 N. Graham -Hopedale Rd, Burlington, NC
Terracon Project No.: 70237017 Ow Elmo Expkw*vd*vs
NCDEQ Site ID: NC7210020544
Injection Location: Northwestern portion of site
Drilling Method: Sonic 2401 Brentwood Road Suite 107
Driller: Redox Tech, LLC (Cert No. 3516-A/4419-C) Raleigh, NC 27604
Date of Injection: Anticipated Feb 2024 919.873.2211
Temporary Injection Point Construction Diagram
Land Surface
Sonic Drill Rod Casing ---
Diameter 4-6 inches
Length 15-43 ft
Material Steel
Rod Screen
---------------------
Diameter
4-6 inches
Length
2-5 ft
Slot Size
0.010
Material
Steel
Depth Below Land Surface (feet)
Top of Screen 15 - 43 ft
Bottom of Screen 17 - 45 ft
Bottom of Injection Point 17 - 45 ft
4-6 Borehole Diameter (inches)
Note: Injectant will be injected via hydraulic fracturing through drill rods in 3-5 foot intervals in saprolite zone and 2-
3 foot intervals in bedrock zone. Straddle packers will be used to isolate specific injection sections. The temporary
injection points will be abandoned with bentonite and/or grout after completion.
ABC+ Safety Data
Sheet
ABC+rM
January 2024
SAFETY DATA SHEET
ABC+TM
1. PRODUCT AND COMPANY IDENTIFICATION
PRODUCT NAME: ABC+, Anaerobic BioChem (ABC®) Plus Zero Valent Iron (ZVI)
GENERAL USE: Chemical and Biological Reduction for Soil and Groundwater Treatment
MANUFACTURER:
Redox Tech, LLC
200 Quade Drive
Cary, NC 27513
919-678-0140
EMERGENCY TELEPHONE:
Within USA and Canada: 1-800-424-9300
+1 703-527-3887 (collect calls accepted)
2. HAZARDS IDENTIFICATION
EMERGENCY OVERVIEW: Product is generally recognized as safe. May cause irritation
exposure to eyes. Long term contact to skin may cause some drying and minor irritation.
3. COMPOSITION INFORMATION ON INGREDIENTS
Component
CAS No
Weight Percent
Vegetable Oil
68956-68-3
10 - 60
Zero Valent Iron
7439-89-6
10 - 50
Proprietary Food Grade Emulsifier
NA
4 - 10
Glycerin
56-81-5
2 - 50
Food Grade Guar
9000-30-0
0.1 — 2
Magnesium Oxide
1309-48-4
< 1
Soluble Phosphate Salts
7783-28-0 or 7758-11-4
< 0.1
4. FIRST AID MEASURES
EYES: Immediately flush with water for up to 15 minutes. If irritation persists, seek medical
attention.
SKIN: Rinse with water. Irritation is unlikely, but if irritation occurs or persists, seek medical
attention.
INGESTION: Generally safe to ingest but not recommended.
INHALATION: No first aid required.
Redox Tech, LLC
ABC+TM
January 2024
5. FIRE FIGHTING MEASURES
EXTINGUISHING MEDIA: Deluge with water
FIRE/EXPLOSION HAZARDS: Product is combustible only at temperatures above 600C. ZVI
should not be mixed with oxidants
FIRE FIGHTING PROCEDURES: Use flooding with plenty of water, carbon dioxide or other
inert gasses. Wear full protective clothing and self-contained breathing apparatus. Deluging with
water is the best method to control combustion of the product.
FLAMMABILITY LIMITS: non-combustible
SENSITIVITY TO IMPACT: non -sensitive
SENSITIVITY TO STATIC DISCHARGE: non -sensitive
6. ACCIDENTAL RELEASE MEASURES
Confine and collect spill. Transfer to an approved DOT container and properly dispose. Do not
dispose of or rinse material into sewer, stormwater or surface water. Discharge of product to
surface water could result in depressed dissolved oxygen levels and subsequent biological impacts.
7. HANDLING AND STORAGE
HANDLING: Protective gloves and safety glasses are recommended.
STORAGE: Keep dry. Use first in, first out storage system. Keep container tightly closed when
not in use. Avoid contamination of opened product. Avoid contact and storage with oxidizing
agents.
8. EXPOSURE CONTROLS - PERSONAL PROTECTION
EXPOSURE LIMITS
Chemical Name
ACGIH
OSHA
Supplier
ABC+
NA ��]
NA
NA
ENGINEERING CONTROLS: None are required
PERSONAL PROTECTIVE EQUIPMENT
EYES and FACE: Safety glasses recommended
RESPIRATOR: none necessary
PROTECTIVE CLOTHING: None necessary
GLOVES: rubber, latex or neoprene recommended but not required
Redox Tech, LLC
ABC+TM
January 2024
9. PHYSICAL AND CHEMICAL PROPERTIES
Odor:
none to mild pleasant organic odor
Appearance:
clear to light amber
Auto -ignition Temperature
Non-combustible
Boiling Point
>600 C
Melting Point
NA
Density
varies — 0.75 to 1.2 grams per ml
Solubility
infinite
pH
7-9
10. STABILITY AND REACTIVITY
CONDITIONS TO AVOID: Do not contact with strong oxidizers
STABILITY: product is stable
POLYMERIZATION: will not occur
INCOMPATIBLE MATERIALS: strong oxidizers
HAZARDOUS DECOMPOSITION PRODUCTS:
11. TOXICOLOGICAL INFORMATION
Acute Toxicity
A: General Product Information
Acute exposure may cause mild skin and eye irritation.
B: Component Analysis - LD50/LC50
No information available.
B: Component Analysis - TDLo/LDLo
TDLo (Oral -Man) none
Carcinogenicity
A: General Product Information
No information available.
B: Component Carcinogenicity
Product is not listed by ACGIH, IARC, OSHA, NIOSH, or NTP.
Epidemiology
No information available.
Neurotoxicity
No information available.
Redox Tech, LLC
ABC+rM
January 2024
12. ECOLOGICAL INFORMATION
Ecotoxicity
Discharge to water may cause depressed dissolved oxygen and subsequent ecological stresses
Environmental Fate
No potential for food chain concentration
13. DISPOSAL CONSIDERATIONS
DISPOSAL METHOD: Material is not considered hazardous, but consult with local, state and
federal agencies prior to disposal to ensure all applicable laws are met.
14. TRANSPORT INFORMATION
NOTE: The shipping classification information in this section (Section 14) is meant as a guide to the overall
classification of the product. However, transportation classifications may be subject to change with changes in
package size. Consult shipper requirements under I.M.O., I.C.A.O. (I.A.T.A.) and 49 CFR to assure regulatory
compliance.
US DOT Information
Shipping Name: Not Regulated
Hazard Class: Not Classified
UN/NA #: Not Classified
Packing Group: None
Required Label(s):None
50t"Edition International Air Transport Association (IATA):
Not hazardous and not regulated
INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG)
Material is not regulated under IMDG
15. REGULATORY INFORMATION
UNITED STATES
SARA TITLE III
SECTION 311 No Hazard for Immediate health Hazard
SECTION 312 No Threshold Quantity
SECTION 313 Not listed
CERCLA NOT REGULATED UNDER CERCLA
Redox Tech, LLC
ADC+TM
January 2024
TSCA NOT REGULATED UNDER TSCA
CANADA (WHIMS): NOT REGULATED
16. OTHER INFORMATION
HMIS:
Health
1
Flammability
0
Physical Hazard
0
Personal Protection
E
E: Safety Glasses, gloves
Redox Tech, LLC
Property Access Agreement
Through Quitclaim Deed
IR
Book 2169 page 675
Alamance county, NC
Recorded 11130Z2004 11:41:03am
No 9DDD-00143708 1 of 16 pages
rlurlel N Tarpley, Register of Deeds
Revenue Stamps: None (Exempt) !DY*b—'
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 q hh 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,
G rantee.
a
Book 2169 Page 676
No 9999-o0143708 2 of 16 papas
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 `age 677
No 9999-00143708 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
V
approved September 25, 20W"1fMV8G0e?Aor36V of° a 9es 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
13" 2169 pa°` 679
4 708 5 of 16 psga
IN WITNESe')ft998F, 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:
� C
GEORGIA, FULTON COUNTY
UNITED STATES OF AMERICA
Acting by and through the
nistrator of General ZSeces
L)AMES BRA DON
Contracting Officer,
Property Disposal Division
General Services Administration
Region IV, Atlanta, GA
�-Ina nth C , 5�4d,:'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, Gegraii ,th, is the 7,
day of ��Ot1�u, 2004.
�.�`��P........,..
,�M�ssioN��y
MAY
D
� * • 23 Q:
t Public
commission expires:
[Pi ."T Here]
The foregoing Certificates) o L • Ware certified to be
correct. This instrument and thi certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof. ��. _• Cl ,4��
Book 2169 Page 680
No 9999-60143798 6 of 16 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 917% day of
—&0 flew 12004.
GABRIEL N. STEINB
Special Counsel for Real Estate
General Services Administration
Atlanta, Georgia
Book 2169 Page 681
No 9999-00143708 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:
r
By:
rill Britt, Manager
By:
Peg B anager
[SEAL]
NORTH CAROLINA, hRAArt 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
instpuTne,pt oehalf-of_tlb, cgnvanv.
=-60W
(Place Notary Seal Here)
rqoo°..
�Ka i[miJi
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
819 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 22 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 17° 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.
199Q 16: _'r' �HSKt
Book page
�• 2169 9 683 _
No 490-00143708 9 of 16 pApes ` C
r DATE: 29 Xufte 976
f
*GAL rascr Mott
12 00 ACM DIAPOSAL AMA
IOL OPXWCE PLANT
Ail that tract o? land, I feet in width and 5,240 feet il l'enrh , being
Government AcQWieitlon Traict "B", of the Tarheel Ordnance alit, situAte
in the City of turliAgton,; Aiem nco County, North Carolina being bound an
the no_-Tb by the south right -of -war line of U.A. Highway N . TO. east by
the land of the. City of BSttrlington acid by lead of T. E. 8t ed, sout7s by
the north right -of `ray lirw 61' the Southern Railroad and w at by land of
T. Z. Stood, by land of R, 9. Boutheriand and by land off' t e City of Burling-
ton, the centerline of wh4eh is more particularly describe as follows
Beginning at a point in tlft center of in existing railroad right-of-wey�
at its intersection with tie Gouth right -.of -way line of U. S. No.. To,
said point being approximately 554 feet southoast from the intersection
of the east right-of-way ins of OrA:heA-Hopedale Road and he south right-
of-way lane of U. S. No. O;,thence frbm the point of begs ning•in a general
southerly direction along'thez centarline of the existing 1 0 foot railroud
right-of-way thraugh the land of the City of Burlington, aid lesSd of T. B.
steed, crossing Midway Av+nua, and to the north right-of-viy line of the
Southern 'Railway main lin}, the total length of the hereiq described strip
of land 'being approxiinato�y 5,240 feet and containing 12. acres, more
or lest, F
ME
PAC,E
EXHIBIT "n" :
�� '� 1:9F40 09b eifi� Se13�NtON� delOJ �wae Sll
{
Book 2169 Page 684
No 9999-00143708 10 of 16 page$
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 (a) 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 f of 2
Book 2169 Page 685
No 9999-00143708 11 of .16 pages
SUMMARY ESTIMATES FOR ASBESTOS
CONTAINING MATERIALS
Type Material
Estimated Total Quality
Pipe Linear Feet
20,200 linA,
# 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.)
5,6501in. feet
Roof Felts/Flashing
4,300 [in. feet
HVAC "Flex Joint"
425 lin. feet
Transite Pipe
280 lin. feet
Asbestos Gaskets/Wiring
55 lin. Feet
Textured Exterior Silver Paint
+110,750 square feet
Table 1.
Book 2169 page 686
No 9999-ee143708 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(0.
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.
(11) 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 successor(s)-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 environmental
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-.
16
llh�.11t��
Book 2169 Page 687
or corrective action is faun 8 Meeec ssary 13 f 18 p 4
��o �e necessary after tRe date opus 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
environment 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, hoteWmotels, 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 Testerman
Superfund EMU
17 ���
401 Oberlin Road, Suite 150
Raleigh, NC 27605
B. Ground Disturbance Restriction
2169 Page 688
Book
No 9999-09143709 14 01 t6 pap*8
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
(I) 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 by Grantor.. Grantor agrees, upon completion of any additional remedial action
is
Eoff
80°k 2169 Page 689
No 9999-00143798 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.
�wrr�0rr'
PaA-t—
a �f
�• 6
C7
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2169 Paga 690
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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
(official seal)
My commission expires
Surveyor's Certification
State of North Corolin Couty of Alamance
I, S� certify that under
my direction and supervision this mop was drawn
from an actual field land survey made by me; that
the error of closure as calculated by latitudes and
departures is 1 • 20,000 for the perimeter
and 1 ; 20,000 for platting of interior lot
lines; that the boundaries not surveyed are shown
as broken lines plotted from deed information found
In deed book 234 page 3188 ; that this map was
prepared in a accordance with GS 47-30 as amended,
that the survey was requested by the owner or his
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
and does not create a new street or change on
existing street;
itness my hand and seal this day of `i
t 2003. :;
Profes4na L nd urveyor L-4009 Z.
Owner's Certification
i
I, (we) hereby certify that I (we) am (are) the
owner(s) of the property, shown and described
hereon, which was conveyed to me (us) by deed as
recorded in deed book 234 , page 318 , and that I
(we) hereby acknowledge this plat and allotment to
be my (our) free act and deed and do hereby -- --
dedicate to public use as streets, rights -of -way,
and easements forever, all areas so shown or -
indicated on said plat.
AGENT
TITLE
State of North Carolina, County of Alamance
I, a notary public of the county and state
aforesaid, certify that
personally appeared
before me this day and acknowledged the execution
of the foregoing instrument.
Witness my hand and official stamp or seal, this
day of 2003.
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.
0
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P. 47
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DB. 253 P.235
DUKE POWER COMPANY
1 N 5910.4521
£ 5001.1727
N 5847.8863
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TAMP: CHEMICALS OF CONCERN
N 5676 938J N 5711.9744 ® E 56JZ2835 N 5655 9824
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£ 5420 2819 -!y 3 N 5629.7049 N 5645.956E
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N 5556.9946 N 5539.64J3
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'r-i• 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•
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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 ' MW-108 BENZENE
� � a TRICHLOROETHENE
NO. 9.7070103, AND ON PB.4
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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 SUBSTATION L 0 T &
TRANSMISSION LINE SERVING
WESTERN ELECTRIC CO., INC.
pp In P. 72
o E 5035.4850 DEFENSE S TREE T CL OSED
MW-105 DB. 497 P 594
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REFERENCE R/W:
V RESUBDIVISION OF LOTS
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REVELL STREET CLOSED NOS. 2 TO 12, INC. OF THE
0 OB. 744 P. 232, DB. 792 P• 337 L YNN DURHAM PROPERTY
REFERENCE R/W. PB.4 P.21
PB.4 P.21
Of0
BENCHMARK 089' SOUTH 2.19' SOUTH 0.25' NORTH
COORDINATES OF LINE OF LINEN 1p5 cj , �cjg /OF LINE
N 5000 0000 10 04'
E 5000.0000 269.13' \ _
'CONTROL CORNER" 279.17' -- S 89'41'36" W v S 89'48757" W - - 493.52'
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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 IN PLAT BOOK 1, PAGE 155
ALL EASEMENTS OF RECORD AFFECTING SAME. CALLS FOR A 10-FOOT RIGHT OF WAY ON TH15
REFERENCE PLAT.• TRACT NO. 1,
PROPERTY OF
REPORTS THAT RECORD VERIFICATION
i
C-VOCs
WAS NOT ESTABLISHED. ACCORDING
MW-1 1 1 •
BENZENE
TO A NON -RECORDED SURVEY BY I
0) c
TRICHLOROETHENE
MONT B. GILMORE ON 10/24/90,
C,I
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A LETTER FROM NORTH CAROLINA
CN
m MART/N
MW-112
BENZENE
DEPARTMENT OF TRANSPORTATION
z
e �
TRICHLOROETHENE
TO THE ARMY CORPS OF ENGINEERS
STREET
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
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*CHLORIDE VOCs
TRICHLOROETHENE
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TRICHLOROETHENE
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cn I
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OB.401 P.843
-1,1,1-TRICHLORETHENE
-TRICHLORETHENE
MW-118
BENZENE
/ PB1 P155 I
-TETRACHLOROETHENE
TRICHLOROETHENE
-CARBON TETRACHLORIDE
-VO
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'
THIS PROPERTY. ANY UNDERGROUND U77LITIES
G) OTHER PLATS OF REFERENCE.
100'
So'
0' 100' 200'
OR IMPROVEMENTS SHOWN HEREON HAVE BEEN
P8.24 RIZ 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 WITHIN 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.
Agent Signature Authorization
STATEMENT AND ACKNOWLEDGMENT OMB No.: 9000-0014
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. TITLE OF PERSON SIGNING �� � ` 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 PURCH. 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 F10 FACILITY
10. DELIVER TO FOB POINT BY (Date)
11.
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 GA31401
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 to terms 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 CONDIT IONS SET FORTH, AND AGREES TO PERFORM THE SAME.
NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED
(YYYYMMMDD)
❑ If 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 ppp
* Ifquantity accepted bythe Government is sameas
TEL:912-652-5105
0,.A26
25.TOTAL
quantity ordered, indicate by X. 7fdifferent, enter actual
EMAIL: Chad. A.Arnett@usace. army. mil
quantity accepted below quantity ordered and encircle.
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.