Loading...
HomeMy WebLinkAbout20210727_ApplicationATSENVIRONMENTAL SOLUTIONS July 21, 2021 Mr. Adam Parr, Assistant State Mining Engineer Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699 RE: Request to Transfer Mining Permit No. 19-11 Gulf Mine No. 3 Chatham County Cape Fear River Basin Dear Mr. Parr: RECEIVED JUL 2 7 2021 This letter is to transmit the required paperwork to transfer Mining Permit No. 19-11 for Gulf Mine No. 3 in Chatham County from Meridian Brick, LLC to my client, Tumbleweed Holdings, LLC. Tumbleweed Holdings, LLC agrees to accept any and all responsibilities and liabilities with respect to the Mining Act of 1971 for the operation and reclamation of the existing inactive mining operation at this site according to the conditions contained within the mining permit. There will be no changes to the existing approved mine layout, mine map or reclamation map, with the exception of the mine permittee name and contact information. Attached are all the required documents outlined in DEMLR's mining permit transfer checklist in order to facilitate this mining permit transfer, with the exception of the replacement reclamation bond. We have calculated the reclamation bond based upon the 183.7 acres approved to be affected with a three-year permit life/inflation factor in order to keep the bond to a minimum to complete this permit transfer and allow time for partial reclamation and release of some of the bonded acreage. At the time of partial release within the next three years, we will recalculate the reclamation bond for the remaining affected acreage using a longer permit life/inflation factor. Once you approve this methodology and current bond calculation amount, we will post the required reclamation bond to complete this mining permit transfer. We have also submitted a request to transfer the NCG02 Stormwater General Permit Certificate of Coverage via DEMLR Stormwater Program's online form. A copy of that request, including a deed of the property, is attached for your information. ATSENVIRONMENTAL SOLUTIONS Page 2 Thank you for your consideration in this matter. If you should have any questions or need additional information, please contact me at (919) 368-0246. Attachments July 12, 2021 Mr. Adam Parr, Assistant State Mining Engineer Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699 RE: Request to Transfer Mining Permit No. 19-11 Gulf Mine No. 3 Chatham County Cape Fear River Basin Dear Mr. Parr: This letter is to request that Mining Permit No. 19-11 containing the operation and reclamation requirements for Gulf Mine No. 3 in Chatham County be transferred in its entirety from Meridian Brick, LLC to Tumbleweed Holdings, LLC. Tumbleweed Holdings, LLC agrees to accept any and all responsibilities and liabilities with respect to the Mining Act of 1971 for the operation and reclamation of the existing inactive mining operation at this site according to the conditions contained within the mining permit. There will be no changes to the existing approved mine layout, mine map or reclamation map, with the exception of the mine permittee name and contact information. Attached to this request are the completed first three pages of the mining permit application form, the completed Land Entry Agreement, an updated mine map and reclamation map showing Tumbleweed Holdings, LLC as the new responsible party, a letter from the existing permittee requesting that this mining permit be transferred to Tumbleweed Holdings, LLC, and the $100 permit transfer fee. We have calculated the reclamation bond based upon the 183.7 acres approved to be affected with a three-year permit life/inflation factor in order to keep the bond to a minimum to complete this permit transfer and allow time for partial reclamation and release of some of the bonded acreage. At the time of partial release, we will recalculate the reclamation bond for the remaining affected acreage using a longer permit life/inflation factor. Once you approve this methodology and current bond calculation amount, we will post the required reclamation bond to complete this mining permit transfer. Thank you for your consideration in this matter. If you should have any questions or need additional information, please contact me at (919) 708-8465 or Tracy Davis, PE, our consultant, at (919) 368-0246. Sincer :010 Bobby A. Branch, Manager Tumbleweed Holdings, LLC 402 Forestwood Park Road Sanford, North Carolina 27330 0,00 11 MERIDIAN" BRICK 5100 Brickyard Road Columbia, South Carolina 29203 meridianbrick.com July 12, 2021 Mr. Adam Parr, Assistant State Mining Engineer Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699 RE: Request to Transfer Mining Permit No. 19-11 Gulf Mine No. 3 Chatham County Cape Fear River Basin Dear Mr. Parr: This letter is to request that Mining Permit No. 19-11 containing the operation and reclamation requirements for Gulf Mine No. 3 in Chatham County be transferred in its entirety from Meridian Brick, LLC to Tumbleweed Holdings, LLC. Tumbleweed Holdings, LLC. has agreed to accept any and all responsibilities and liabilities with respect to the Mining Act of 1971 for the operation and reclamation of the existing inactive mining operation at this site according to the conditions contained within the mining permit. Upon completion of the mining permit transfer for this site, it is requested that liability for the reclamation of this mine site be removed from Meridian Brick, LLC's $500,000 blanket reclamation bond. Thank you for your consideration in this matter. If you should have any questions or need additional information, please contact me at (803) 691-3121. Sincerely, J. David McKeown Environmental Manager Meridian Brick, LLC 5100 Brickyard Road Columbia, South Carolina 29203 BE BOLD. BE BRICK. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Gulf Mine No. 3 (Permit No. 19-11) County Chatham River Basin Cane Feaz Latitude (decimal degrees to four places) 35.5617 Longitude (decimal degrees to four places)-79.3089 2. Name of Applicant* Tumbleweed Holdings, LLC 3. Permanent address for receipt of official mail** 402 Forestwood Park Road, Sanford, NC 27330 Telephone (919) 708-8465 Alternate 4. Mine Office 5. Mine Manager Bobby A. Branch 6. E-mail Address: redmud@winstream.net *** Telephone We certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Print Name Bobby A. Branch Title Manager Date * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -I- NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. ofthis application form entitled Notification of Adjoining Landowners). Ofthis acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ® Ifthis is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 19-11 Total permitted acreage: 318.5 acres SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Clay and Shale 3. Mining method: Hydraulic Dredge Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 30 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural ground level b. Expected average depth of mine (feet) 20 feet 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Permitted under 19-11 since 1990 -2- 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): 3 years B. MAPS 1. Clearly mark and label the location ofyour mining operation on six (6) copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'hFloor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httnJ/aortal.ncdenr.orgJweb/Ir/ueolo2ical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address_: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.orpJit/gis 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor ofthe mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* Print Name: Bobby A. Branch, Manager (Title, if applicable) Company Tumbleweed Holdings, LLC (If applicable) Address: 402 Forestwood Park Road Sanford, North Carolina 27330 Print Name: Bobby A. Branch Title: Company: Tumbleweed Holdings, LLC Mine Name: Gulf Mine No. 3 Telephone: (919) 708-8465 Telephone: (919) 708-8465 Date Signed: v" " Date Signed: *Si. -nature must be the same as the individual who signed Page 1 of this application. reclamation maps, ana the appropriate processing tee (see next page for tee scheauie) in the Corm a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707- 9220. rm E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of$500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each aspect of the mining operation, that you intend to affect during the life of this mining permit (in addition, please insert the appropriate 1 • _i n t .7 A 7 1 7 /7% 7 . I" . • 7 7 .7 .7 _. _.____ 7!__..____ 1`I costs: AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: 23.68 Ac. Stockpiles: 3.0 Ac. Wastepiles: 1.0 Ac. Processing Area/Haul Roads: 3.9 Ac. Mine Excavation: 152.12 Ac. Other: 0 Ac. TOTAL AFFECTED AC.: 183.7 Ac. (TOTAL PERMITTED AC.: 318.5 Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X $ 1,000 /Ac. X $ 2,500 /Ac. X $ 5,000 /Ac. X $ 5,000 /Ac. X $ 2,000 /Ac. $ 23,680 $ 7.500 $ 5.000 $ 19,500 $ 304,240 X $ 0 /Ac. = $ 0 Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 183.7 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 359,920 Inflation Factor: 0.02 X SUBTOTAL COST: $ 7,198.40 X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): 3 INFLATION COST: $ 21,596 Total Reclamation Bond Cost: $ 381,500 (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) From: laserfiche@ncdenr.gov Sent: Wednesday, July 21, 20217:10 PM To: tracy.davis@atsenvirosolutions.com Subject: Copy of Form DEMLR - Permit Name/Ownership Change Form Thank you! Your Name/Ownership Change form has been submitted for Gulf Mine No. 3. You're receiving this email because someone requested that you get a copy of this form. 0 NUR IH CARWNA Environmrnml Quartry NPDES Permit Name/Ownership Change Request I. Permit Information I. Please enter the permit number for which the change is requested. NPDES Stormwater Individual Permit #: Begins with NCs -OR- General Permit Certificate of Coverage (COC) #: NCG020504 -_.... --ni � NCG or NCGNF Use this link to check the permit contact information that is currently in our database. II. Permit Status II.- .... - Permit statu. ..............s prior to requested change. a. Permit issued to: * Meridian Brick, LLC Company Name b. Person legally responsible for permit: First name: * Middle name: David Title: Permit holder's mailing address:* Phone #: 803-691-3121 c. Facility name:* d. Facility address:* Fax #: Last name: McKeown Environmental Manager Street Address 5100 Brickyard Road Address Line 2 City State / Province / Region Columbia SC Postal ! Zip Code Country 29203 us Gulf Mine No. 3 Street Address 970 Murchison Rd Address Line 2 City State ; Province / Region Gulf NC Postal / Zip Code Country 27256 us e. Facility contact person (prior to change, optional): First name: Middle name: Last name: David McKeown Phone #: 803-691-3121 III. Requested Change Information III. Pleas... .......... .......e provide the following for the requested change (revised permit). I ... -1.11-- a. Request for changes is a result of: * b. Permit to be issued to: * Change in ownership of facility Name Change of the facility or owner Tumbleweed Holdings, LLC Company Name c. Person to be legally responsible for permit: First name: * Middle name: Last name: Bobby A Branch Title: Permit holder's mailing address: * Manager Street Address 402 Forestwood Park Road Address Line 2 City Sanford Postal / Zip Code 27330-0390 Phone #: * Email address: * 919-708-8465 redmud@winstream.net d. Faciltiy name: * Gulf Mine No. 3 e. Facility address:* Street Address 970 Murchison Road Address Line 2 City Gulf Postal / Zip Code 27256 State / Province I Region NC Country us State / Province I Region NC Country us Is the FACILITY contact different than the person legally responsible above? * Yes No IV. Permit Contact Information Is the PERMIT contact different than the person legally responsible above? * Yes No V. Permit Facility Activities V. Will the permitted facility continue to conduct the SAME industrial activities conducted prior to this ownership or name change: Yes No VI. Signature In the case of an ownership change request, certifications must be signed by both the permit holder prior to the change and the new applicant. For a name change request, the signed Permittee's Certification is sufficient. This completed application is required for both name change and/or ownership change requests. Legal documentation of transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. File Upload:* Upload supporting documentation for ownership change Deed showing ownership transfer to T... 1 MB pdf only North Carolina General Statute 143 - 215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). Permittee Certification: I attest that this application for a name and/or ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed, or if all required supporting information is not included, this application will be considered incomplete. In addition, I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); and I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); Permittee Signature* IWC)(F W Permit -holder prior to the ownership change, or permit -holder authorizing the name change Applicant Certification: I attest that this application for a name and/or ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed, or if all required supporting information is not included, this application will be considered incomplete. In addition, I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); and I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); Applicant Signature * To whom the permit is to be transferred Will another person need to complete or sign this form before it can be submitted? No problem! Simply CLICK the "Save as Draft" button below and send the URL link to the other party to access the form. Questions? Call The Stormwater Program at (919) 707-3639 or e-mail Annette Lucas at annette.lucas@ncdenr.gov. BK 2195 PG 0491 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $1,364.00 FILED ELECTRONICALLY CHATHAM COUNTY NC LUNDAY A. RIGGSBEE REGISTER OF DEEDS FILED Mar 11, 2021 AT 12:48:45 PM HOOK 02195 START PAGE 0491 END PAGE 0497 INSTRUMENT # 03883 EXCISE TAX $1,364.00 Parcel Identifier Nos. 66852, 63303, 62623, 9831, 9825, 9826, and 9827 Verified by Chatham County on the day of , 2021 By: Mail/Box to: Gto-rn-�i . This instrument was prepared by: James A. L. Daniel, Jr., Esq., Alston & Bird LLP, Bank of America Plaza, 101 South Tryon Street, Suite 4000, Charlotte, NC 28280-4000; NC Bar #22808 Brief description for the Index: � -Tr"(-*5 THIS DEED made this E D day of March, 2021, by and between GRANTOR MERIDIAN BRICK LLC*, a Delaware limited liability company 6455 Shiloh Road, Suite D Alpharetta, GA 30005 GRANTEE TUMBLEWEED HOLDINGS, LLC, a North Carolina limited liability company 402 Forestwood Park Rd. Sanford, NC 27330 *Meridian Brick LLC is successor by merger to Forterra Brick, LLC, a Delaware limited liability company, which entity was successor by name change to HBP Brick East, LLC, a Delaware limited liability company, which entity was in turn successor by name change to Hanson Brick East, LLC, which in turn was successor by merger to Boren Clay Products Company, a Delaware corporation, the original grantor entity vested with title to the Property by instruments recorded in Book 544, page 166; Book 543, page 473; Book 544, LEGAL02l40484237v 1 submitted electronically by "Harrington Gilleland Winstead Feindel & Lucas, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Chatham county Register of Deeds. B K 2195 PG 0492 page 696; Book 557, page 8; Book 284, page 319; Book 265, page 99; and Book J-S, page 515, all in the Chatham County, NC Registry. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, 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 Chatham County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. 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. And the Grantor covenants with the Grantee, that Grantor has done 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 as set forth herein. Title to the property hereinabove described is hereby conveyed subject to all valid and subsisting restrictions, reservations, covenants, conditions, rights of ways and easements properly of record, if any, and current year ad valorem taxes. The subject property does not include the primary residence of Grantor. 2 LEGAL02/40484237v l BK 2195 PG ,0493 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. MERIDIAN BRICK LLC, a Delaware linuted liability company By:: Keith Denny Chief Financial Officer State of Georgia - County of Forsyth I, the undersigned Notary Public of the County and State aforesaid, certify that Keith Denny personally came before me this day and acknowledged that he is the Chief Financial Officer of Meridian Brick LLC, a Delaware limited Iiability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of March, 2021. My Commission Expires:KQAA��i 0111111111.4 i N CARAO eoe N :�\ssiarv.nAA�! VI i" . r s .r Notary Public • jr r 5-"':. AUBU- t O IV � [NOTARY SEAL] i� COJJX `��:\ �111,� The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for Chatham County By: Deputy/Assistant - Register of Deeds 3 LEGAL02/40484237v l BK 2195 PG 0494 EXHIBIT "A" LEGAL DESCRIPTION Tractl Parcel # 66852 SuNa all of 37,82 acres beginning at a point marked by an existing iron boated south 37 dog. 37 min. 57 sea. West a distance of 1711.89 feet from the point where the aanterlino of the Southern Railroad. intersects with the boundary line ok Tracts One and Two as shown on a maprecorded in flat slide 86-131, Chatham County Registry; thence from the point of beginning South 26 dog. OS min. 05 sea. Rant tl distance of 511-BB feet to u ppoint; thonoo south 18dog. 06 min. 33 sea. East a'distance of 214.0? feat to a point mark" by an iron nets thence south 86 deg. 09 min. 12 oac. Rast A distance of 632.25 fact to a point marked by an iron get and being in the eastern boundary line of Tract one as shown on a map recorded in plat Slide 86•-131, Chatham County iegistry; thence South 35 dog. 59 min. 52 sec. west a distance of 1187.54 feet to a point marked by a concrete monuments thenou North' 86 deg. 30 min. 0o sea.. West a distance of 1444.00 feet to a point marked'by an existing iron; thence North 37 dog. 37 min. 57 ace. East a distance bf 048.67 foot to a point marked by an existing ii;ons theses North 52 deg, 35 min, 59 scat. Bast a distance of 183.81 toot to a point toarkcd by an existing iron; thence .North 30 d$g.• 45 yin. 27 taut: Enzt a distance of 354,99 feet to a point malted by an existing irotii thence North 27 deg. 37 min. 54 sea. East a distance of 326.16 Feet to the place of beginning Alto being conveyed herewitt► is the right-of-way obtained by the Graintor in stook SIO, page 29. Chathan County Registry; and being once parl:iealarly doocribed as . On easement haing 60 feet in width and being the 60 feet immediately uaat and adjgcunt to the fnllowing dater ibed ' proper ty line of Fodorol raper Ooerd, Inc. said proparLy Una baing the nantorn adgQ of Raid 60 foot oacoment. said property lion boing described as folloeal RUCLNfiIKO at at► axlating iron pipa in tha south edge of the rigbt-of.-way or State (toad 02140 and rimming thot+co Borth 04 deg. 54 rai.d. Bast 173.34 feet to a concrete monument, eat corner baing donignatod no corner O U an the gap of Federal raper Board, Inc., tract nbAve referred to. Tract 2 Parcel # 63303 13EQ1'ltNItIG at a Isaint in the venter ].ins of tlta pavement for 1f. B, Highway 421, said center line being located 49 feet from the north- eastern right of way line and 127 Poet from the southwestern right of way line at the intersection of said cantor line with the property now or formerly of pus 14urchisont and running thence from said point of beginning along the cantor lino of 0.8. Highway 421 the following courses and distances: South 47 sag, 24 min. 09 sec. East 757.01 loot, South 44 dog. 26 min. 31 sec• East 123.10 feet and Sough 43 deg. 00 min. 0C sec. East 66 Feet to a point located ' at the continuation of the contexline of an access casement 60 feet in width; thence, along the oenter line of said access ease- ment, south 55 dog. 18 Min. 12 coo. west 265.91 fact to a point located at the intersection of said aeeesa oanoment and the center line -of Hurehis;ton'Road (State Road 2195)t thence still with the oenter.lLne of said access Basement south 31 doff. 3,9 min. 47 sec, Wasct 298.56 foot.to a pointl thence tftill with sold center line i sough 27 deg. 18 min. 59 coo. West 203.86 feot,to a PR nail set, in tspgtor iine of tha'Southern Railroad right of way; thence South 37 aog•..37 thin. 57 sec. West 1,711, 69 toot to an Pont -thence Soutlt627••#6q.. 37 rein: 54 seo. West 326,16 Peet to an1ront thence kouth•30 deg. 45 min. 27 coos Went 354.89 Peet to an irons thence- flout1}.62 deg.. 05 min. 59 sec. West 383.81 foot to an iron'i thence' •SogEh 37 kiss*,+ 37 min. 57 aee. 'Waat 948.67- feet to an'ixon in the. 'north esn,4.1" of the property now or formerly of Federal Pa3or 61.4.0 Soard Comppryf thence North 13 dog. 37 min. 23 Rae•Nent 2. fQet 4o a rocki theocc porth 48 deg. 35 min. 02 soc. East 2,100,19 feet to a point in the cantor lino of the Southern Railroad; and thence along the cantor line of Southern Railroad, the following eoursQa and distances: South 41 deg. 44 mio. 23 sac. Eaut Sx.24 .foot, South 50 dog. 07 min. 53 sae. East 429.84 feet, South 59 deck. 15 min. '59 see. )rant 475.33 feet and south 64 deg. 03 MO. 24 sec. East 118.44 foot to an irons thonod leaving said cantos line, And with Murchison, north 12 dog. 54 min. 12 sec. east 602.22 feet to a ouncreto monumentt thenou Worth 00 dog. 48 min.. 40 sec. east 506.45 toot to the point and place of. beginning, containing 122.70 acres,, more *or leafs,, and baing shown as Tract 2 on map propar,ed by Mitchell W. Cole, R.L.S., entitled "Partial 8urvoy for Pomona Associates I.td,a, dated August 13, 1986, and recorded in Plat.slian 86-131, Chatham County Registry.. LEGAL02/40484237v1 BK 2195 PG 0495 Tract 3 Parcel # 62623 Bg0INsJMG ak a concrete, most Moe 10CAted in the southern right-ofmway of the Southern nallroad irLght-of�way, corner - of the' ropo rtY now or forma ly of John X. Chevr t and running' thence from said be iiniooated' point south 85 dog. QA min. 04 see. Last 86.10 feet- t:o a Point l in the centerli.no OC the southern Railroad right-of-way; thence With the centarlino of said railroad south 41. deg. 44 mine-23 sec. Bast Co a point marked by a set P.K. Nair thane south 48 aog. 531.41 feet 35 min. 02 eo. Wa;3t: 2100.19 toet to a rock. corner) theneo North 84' dog. 06 mkn. 42 see. West IB77.70 feet to ;( concrete monument► thence on North 3.2 don. 00 min, 50 sec. east 982, 5a root to a concrete mosnant:nul thence North 84 dog. 22 rain. 31 000. West 1006.50 feet tO a corierete Monument at L•he dorner of -the property now or formerly of G.H. oldham= lhsnce with Oldham North 05 deg. 37 mill. 29 qua. Cast 84309 feet to a22 min. concrete monumant, axiothar oldham corner) thence Nc)rLb 84 deg. 3'1•'.;c�c . Most 216.33 foot to a concrete tttonument r oorner with Riokard 1 thence with 110sard North 06 deg. 37•min. 29 bet. Last 648.08 feet to a convxete montunrltt, ra corner in the propaitY now' or xormorly of Juanita P" Stout; thence along tllo property now or fotme27Y OfminStout and t:ho property now or fcuifrarly of cheek south 82 deg. sea. nast 1,204.50 feet to an axle corner with cheek f t h6nce with Cheek :gout:h 05 dory. 14 min, 49 see. Wast 504.1.6 feet to a rock, g4rnor with cbeek;� thence with choek south 85 deg. 03 min. 04 coo. oast 2653.28 feet to the point and place of B GINNUG, containing 153.0 acreal mono or bags► and bai.nq shown as Tract 3 on map prepared by Mitchell W. Colo, R. L.S. , ontit:lod "partial Survey for pomona .Nsscx:iates Ltd dated hugust 13 i 1906, ' and recorded,in Plat slide .86•-131, Chatham , County Registry, SAVE AmD EXCEPT from t+hd toragoing conveyance that ,etirt.aln parcel rxvviougiy conveyed by 1'nmo1z Gorpaa9Q�:�nChatbamLowell CountyR>2ega.atxyy and recorded in Book 438, more paktioularly described ac follnwgc BEGINNING at .a•'banvreEa monwadnt, .tlie northwes V- corner of that certain parcel containing 314. 2 acres, Mot, s Or 3.cs8 a8 • shown on map reeotded 1,t pmap Book 24, page Of Chatham Coutzty R091stry, .also a corner with. Wilford p. Johnson (]Book 420, page 15111 ;sunning. thence south 06 deg, 37 min. 29 Bed-. %400� 648.08 feet to another conerote ittanumentl tihenco Soutb 84 deal, 22 min. 31 Eat► Bast 17.92 feet to a point; tbonce North 05 deg. 47 mi.n. 53 get. Rash 64103 foot: to the point of BEGYNNINO, containing 0.27 av;:e, more or logs, and being a triangular strip of l,anci Iodated alone the . gorthwosh boundary of the aoham Corp. latacle �s rItY shown. on snap recorded in t4ap Book '24, Page 43, Ch�athem couds RegiatrY. Soo also the southeast boundary line of the 1.at�ds of . WJIford P. Johnson as shown or; map retarded in Map Book 2SI rage 84, Chatham Gourity Regintry- : 'Grantor heroin further grants atId canveys unto Uzant:ee heroin, and tiwi;: hairs, suceoseors and ansi.yns, the perpetUAI rigbt: and easement of ragresx ' ingrcas and kagreas, for acaoes to the property Ilervinabovo Conveyed over and upon a strip 4f 1and 60 feat in width adjoining the soutilarly rigbt-of -•way AM' of the southern Railroad right -of -Way as shown on that; parcel designatod as Tract 2 oh mar pronared by 14iteball W. Cold, it.L.s• � e>1t86t1 stdicii1PaCordedSinvPlatosYidc i36-131ocChat;harnt.Co". ► . dated August 13, 19 , Reg. LEGAL02/40484237v 1 BK 2195 PG 0496 Tract 4 Parcel #f 9831 pEolpHINC At a atone co the east aide of the old Gulf 40ad; rhar►os Horth, 35` East, 70 pales to an iron otAk* vith aV*at gum, WKit* oak and pins pointcrej,nctnct-Horth S50 Nast, 5-2/3 pole► to an iton µ%:aSca in ramona Tarry Cottu Company's line vith hitkox�o maple and d0swod pointers; Chance wd.th Pombnp TavYd Cutts CotrpaWA litta Souths 54 Nevt#' 19-z/3 polss to an iron stake is that ],ins VLti1 pine and Whitt oak pointeral ChangO south,'35' Nest, 52 poles to an .tan stskc on the northtaat lido of old Gulf Road; thonoo 0o seld• road South, 58° Boats 12-314 poles to tho ww INKiNa, containing, 4-5/6 across► Voto or lass. ' Tract 5 Parcel 0 9825 MMWING at a point in the oentor of the Norfolk & Southern Railroad e►t its ini►er,seution watt -tho ea�ufsh .x�.g�•�,-,� +gray ling of tho 02:d Durhard-Charl.otte•7Ur-toad; And •ruxw6#tg thanoe along saJA rl.ght- of--wa,y line North 57 do%roas Flat 1;637.92 feet to 4Ln iron stake; • thenoe .South 69 dgree$ 49 minuted Udt 59.2$ feet; thenoe South 70 degrees 54 mtWbes iron s alte; thence t(orth 1•5 degraes. 25 minutes East 343.45 feet to an iron stake; i�hanos South 57 da&raes 5 'Minutae Ikst 342.41 feat to a poil3t . in the ounter of the Old Gulf-•(Twmook Roadj *ffinutes Meat; 361,55 • feet; thence bouth 21 degrees 49 Yrdnubeo t'rest 160.4 :Peat;; tllwwe South 12 depeen 19 minutes Ziroat; 32A.12 feet; thoAco 8aa6h 27 degrees 3.6 mi.nubas West 274. g3 feeti•• • bekaae•' South 7rdaffr6os 10 ninutes• Vest and grossing the ,ltarfolk & Southern railroad .730.57 feet to ah !;r'oit stake; •thenoa 3lF2.66 foot to art iron staled; thonce Forth 37 dogreos V! minutes boast ).86.00 feet; to ah iron stake in the Southora right -of -my line of the Nortol,k Southern Railroads •thanoe North 79 degrees 37 la nuteo Woot 204. 69 feet j thence Nor bh 8 degr+e�e 5 .rainutra9...Yy', ►i;.. bSti•$0 foot; thence Soixth 82 Aear;6os 53 minufss 'ast 124-83 feet to an iron stake; thenoe Nora h 7 degrees 16 mitlutos that �0.00 feet to the point of boginning Qontair ng 26.35 aoros morn or Lwow ('"P;6t�:Rot ea 'af wh:l,(.,h Elsie ttitllin the right -Or -May of the.- N6rfolk-8outhern AaU read.. } And be swe being; a porti.oh of the lands desevIbed ict A eartain dead to Italph % ►jourdAn, racorded in Book J-Y, at,Page 576, CUt,?yam County Registry; and boing fthowA and faliewxted according to a stirlsey twid plat prepa red by Vaohter Survey lno., on Novembor 16, 1962; SAVS and EXCEPT fr6a the: above) al;l that portion of land lying wl,thin the right-of-way 4f the Norfoik*Southern Railroad, , 6 LEGAL02/40484237v t BK 2195 PG 0497 Tract 6 Parcel # 9826 4QZNHII�Q in the r�atarn ltighty0i•-L ay 1Lrie or [1,8. AlAhway Na # 421 in th4 old M11dr JoR. Maoty liho Rnd r�nina thertae aQtha '*:Ld rb J►Rr $[oOft lima North 78 lAat, �08 savt W url from adalayi whence south M 4 15, teaks 09 raet to a ut-Its to. th4 Imiterb at Boohoriy Bapttsb (Tnurch Rodt11ti701166 Al tho Dathpr Bap - VW Church Rd.s. North 80 F:aata 7o7 RQbbj and Rafth 82 Zsat 454 Feet to as paint th tha Hastern lino of the Aid U 4 6 Hi. Hay No, 11211 lhenGO 1h the Knot- enn 11rta of aid U.S,( K! hway' No. 4211 Porch 43 Wea t y 3,25 rb 4 do a nte3w i tlnchae Ndrth 86 Pant, 4FO tbe to an I. ron stake ih the K j;ht; otway *Jr tho Ablgntid ofid Yadkin Anilrdadp misid stake being 30 sb► tram tha aonizcr, of Ilia rlll't nr Stay, and terming th*no6 NOrith bP W80 AN said r1a t of WAY line and 3�0 fdat t ralq L•he 00Atin th4mot4 75B rt. to a etdka in said riaut op Hsy zin*) .thQA90 Orbtroisig WW Atlantio-Yadkin Pall"ad, Nori:h 78 RAat, 177 ft, to a poi.at fn the oonudr at a road; thence as ao.id valid North 74 4as1t j 679 ft. and ?aorta 46 Woat, 4a3 tt► and North washy gi ftI o a poi.tib i>� tho v nter� o#' fluid rood; thehoa North $5 r�'0 t, a;$ f b, to a otaloo in d Una at the 61Lay productV dos BnY) th0n09 OF the 11ae of tha =or Produete oompheWi South 55 ' watt, 12O0 M do a Atoka ih tho aantar of tha htlantI.o-���t(,kdkiA RAilroad thl h6a as the cantor of fluid rail r0ekdt Ho�r0t 71 Ranto 8, .5 po ito u point Nhard tha 004(r -Lind at the AtIonaid-Yadki Railroad lntaraeoto the gAdtarn might 4# war lino air the now 11.5. HIShm y o . • Mj thenao ab the Mus tarn right of ody lino or the now U.s . Highway No. 311 South !W 4S, Z.rs t s 13B8 r �, to the PQint at YUGIRtMO, being all or Vraata bne j TWO and Throw atoor�dLhg to ?tap or d► Mt %M19m prppwrtyj mado ,day 1l, ;959, by Hftl ff. 8ilor, Aegi,lstrorad 914ry- eyor4 Said' Thrae Tractio ountai,rsU8 lre s0 aoreb mare ter Yeaa ► Abd Also obn- tains ft 1o6 Mul.knatdd saelljoxn Komar,%i 8aia 14fib in itnabrddd in Fiat Bask 2090 Page 92, Tract 7 Parcel ## 9817 ABaIMIlid at en iron ntako cn•tho Saab v14o of the As & Y.* Rattroad r13M - '. ai'�wi►11060 , a corner of Nall9d la�Ad Md rUat4ng with a r AaiO iL9ht�ot-wh, 71 R. . 97 yo1eS to•hn irron stske ,in sa d ri.gbt-Wl',-vAyj thenoo N• 64;R. lb polo# to ' ,• ati n 1va sta a in Red afo)Coyt a line; thence as his j.iati H. 88 N. 1.8 poa,aa to A' Stik6 j tied MoNo and Bd.. Bulne to oOfterf tbenoe as itelnty'f s 11U6 N+ 32•-1/2 xo , t0 polo& to a Rake j 11nlll d and Rd Halooy'i S corned thdncs *a tie Hall ,lisp a. 62-1/i V. 192-4/5 polls to this gEOURIM1,0 0entaitning 68-5/20 aoreu, zwo or Ledo, and -being the lafid conveyed to grantors herbin, b� �. Li. Paasohal u4 wi.=a 30$his rallchal, and a. T�• Cidham &rid wife UASdnie»s of hemp by deed dated flay 100 1948s and reoorded in the Office of ,the Regieber 0 A-oeda for Chatham County its Bobk J-M# PASS 2rr3 j Ribb the soma identiaei ressrvat'Ons as to right and .prIvllege of U60 of fits )jaub rind butbuildings a: d ti2.labi.o lands right of .3ngroae and egreen and WO right to use tba Spring Jointly with areAtow AU ea set out rooms raly 3n that certain end 0• tram Z-t Eorepa* FaxaUraebrdedf �Aa�3�O. N• OLdbaw silo witp to ,Orton A* 13 'liogiater of Deedfa ai'fice of Chatham County in BOW S-b( ar Reedits Fo�gg• 263g, ta' which Janervat:Kone roferenoe is bi►rgqby na,ieand a1Y or swpb rRM$Fvatioa.e• con- _-: •: t&.#.nod in 'the above dead are Apeoitlo4lly Nporporoted as Tgx@rV*V$Qnq i; thla ' Igst4w nt in order that the sari . may be Idambiawl in Offfist­ LEGAL02/40484237vl