Transylvania Co. - Sediment & Fish Tissue Sampling - Gladfelter

Measured Depth o
Sample ID
Sample ID
Elev. Top of Sampler Sampler Length Length of Water over
Sample Number ( Top
Number (Bottom
Sediment in Length in above Water in Sediment Core Sediment in
Point Northing
Easting Location Half of Tube)
Half of Tube)
Ft Inches Inches In Inches Inches
8801
568265.447
897975.493
ASB
BS-1-A
2096.64
185
27
5.75
152.25
8802
568671.308
898301.952
ASB
BS-2-A
2094.94
185
6
8.00
171.00
8803
569320.129
898162.068
ASB
BS-3-A
BS-3-B
2099.30
185
60
18.00
107.00
8804
569443.263
897596.832
ASB
BS-4-A
BS-4-B
2099.00
185
54
14.50
116.50
8806
569633.959
896914.704
ASB
BS-5-A
BS-5-B
2102.39
185
78
17.75
89.25
8807
569423.264
896567.984
ASB
BS-6-A
BS-6-B
2103.78
185
90
15.00
80.00
DEC 15 200B
Asheville Regional ®nice
Am ii¢ar, Protection
r
_D
i
�frirt7
O
:„!

Summary of Test Data ASB Pisgah Forest NC
Sample Location Sample ID Number
Parameters
Date
Result
Unit
ASB BS-1-A
2,3,7,8-TCDD
16-Oct-06
41
ng/kg
Total TCDD
16-Oct-06
110
ng/kg
1,2,3,7,8-PeCDD
16-Oct-06
25
ng/kg
Total PeCDD
16-Oct-06
230
ng/kg
1,2,3,4,7,8-HxCDD
16-Oct-06
44
ng/kg
1,2,3,6,7,8-HxCDD
16-Oct-06
410
ng/kg
1,2,3,7,8,9-HxCDD
16-Oct-06
250
ng/kg
Total HxCDD
16-Oct-06
3200
ng/kg
1,2,3,4,6,7,8-HpCDD
16-Oct-06
4200
ng/kg
Total H CDD
16-Oct-06
7500
ng/kg
OCDD
16-Oct-06
8200
ng/kg
2,3,7,8-TCDF
16-Oct-06
730
ng/kg
Total TCDF
16-Oct-06
1500
ng/kg
1,2,3,7,8-PeCDF
16-Oct-06
19 (EMPC)
ng/kg
2,3,4,7,8-PeCDF
16-Oct-06
15
ng/kg
Total, PeCDF
16-Oct-06
72
ng/kg
1,2,3,4,7,8-HxCDF
16-Oct-06
5.6
ng/kg
1,2,3,6,7,8-HxCDF
16-Oct-06
ND
ng/kg
2,3,4,6,7,8-HxCDF
16-Oct-06
ND
ng/kg
1,2,3,7,8,9-HxCDF
16-Oct-06
ND
ng/kg
Total HxCDF
16-Oct-06
45
ng/kg
1,2,3,4,6,7,8-HpCDF
16-Oct-06
21
ng/kg
1,2,3,4,7,8,9-H CDF
16-Oct-06
ND
ng/kg
Total HpCDF
16-Oct-06
59
ng/kg
OCDF
16-Oct-06
48
ng/kg
Mercury
16-Oct-06
1.2
mg/kg
Percent Solids
16-Oct-06
25.8
Percent
TOC
16-Oct-06
57000
mg/kg
EMPC = (PCDE Interference) Estimated Maximum Possible Concentration DMC 11-10-2006

ace Analytical °
www.pacelabs.com
November 07, 2006
Mr. D.M. Cody
Glatfelter Corp.
214 Camelot Dr.
Clyde, NC 28721
RE: Lab Project Number: 92130089
Client Project ID: Dioxin
Dear Mr. Cody:
Pace Analytical Services, Inc.
9800 Kincey Avenue, Suite 100
Huntersville, NC 28078
Phone: [phone]
Fax: [phone]
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Fax. [phone]
Enclosed are the analytical results for sample(s) received by the laboratory on October 16, 2006. Results
reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the
body of the report.
Inorganic Wet Chemistry and Metals Analyses were performed at our Pace Asheville laboratory and Organic testing
was performed at our Pace Charlotte laboratory unless otherwise footnoted.
If you have any questions concerning this report please feel free to contact me.
S incer y,
orri Patton
[e-mail]
[phone]
Project Manager
Enclosures
Asheville Certification IDs REPORT ,OF LABORATORY ANALYSIS
NC Wastewater 40
37712 This report shall not be reproduced, except in full,
NC Drinking Water
SC 37712 without the written consent of Pace Analytical Services, Inc.
ACC °
B
FL NELAP E87648 -
Charlotte Certification IDs
NC Wastewater
12
NC Drinking Water
37706
SC
99006
FL NELAP
E87627

Subcontracted Results
Pace Project #
This report includes
page Ito _F -.

aceAnalytical°
1 www.pacelabs.com
Pace Analytical Services, Inc.
1700 Elm Street
Minneapolis, MN 55414
Phone: [phone]
fax: [phone]
DEZ`E 1VI NA1' O. OV 0*/'PCW 1Xft .
1 ty A CC0,9o92
U
U -�1
a =
This report contains 18 pages.
The results reported herein conform to the most current NELAC standards, where applicable, unless
otherwise narrated in the body of the report.
Project: Chemical Analysis
Client Project: Glatfelter Corp. 92130089
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
N ACCU9
-nelc-

PROJECT:
Pace Analytical Services, lnc.
Anal ® 700 Elm Street
] Analytical Minneapolis, MN 55414
yical REPORT OF: CHEMICAL ANALYSES Phone: [phone]
www.pacelabs.com Fax' 612.607.6444
PCDD/PCD;F ANALYSES DATE: November 6, 2006
ISSUED TO: Pace Analytical Services, Inc.
Attn: Lorri Patton
2225 Riverside Drive
Asheville, NC 28804
INTRODUCTION
REPORT NO: 06-1040258
This. report presents the results from the analyses performed on ten samples submitted by a
representative of Pace Analytical Services, Inc. The samples were analyzed for the presence or
absence of polychlorodibenzo-p-dioxins (PCDDs) and polychlorodibenzofurans (PCDFs) using a
modified version of USEPA Method 1613B.
SAMPLE IDENTIFICATION
Client ID
Sample Type
Date Received
PACE ID
13S-6-A
Solid
10/16/06
927562355
BS-6-13
Solid
10/.16I06
927562363
o BS-5-A
Solid
10/16/06
927562330
BS-5-13
Solid
10116/06
927562348
BS-4-A
Solid
10/16/06
927562314
BS-4-13
Solid
10/16/06
927562322
BS-3-A
Solid
10/16/06
927562208
BS-3-13
Solid
10/16/06
927562306
BS-2-A
Solid
10/16/06
927562280
BS-1-A
Solid
10/16/06
927562272
DISCUSSION
The .recoveries of the isotopically -labeled PCDD/PCDF internal standards in the sample extracts
ranged from 28-121 %. All of the labeled standard recovery values obtained for this project were
within the target ranges specified in Method 16136. Also, since the quantification of the native
2,3,7,8-substituted congeners was based on isotope dilution, the data were automatically
corrected for variation in recovery and accurate values were obtained.
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
� ACCORp
°ri�el�c

PROJECT:
PAGE:2
Analytical
www.pacelabs.com
DEPORT OF: CHEMICAL ANALYSES
PCDD/PCDF°.A:)VALYSES
DISCUSSION (Cont.)
Pace Analytical Services, Inc.
1700 Elm Street
Minneapolis, MN 55414
Phone: [phone]
Fax: [phone]
DATE: November 6, 2006
REPORT NO: 06-1040258
In some cases, interfering substances impacted the determinations of PCDF congeners. The
affected values were flagged " E" where polychlorinated diphenyl ethers were present.
A laboratory method blank was prepared and analyzed with the sample batch as part of our routine
quality:;c'ontrol procedures. The results, found at the beginning of Appendix 6, show the blank to
be -free of PCDDs and PCDFs at the reporting limits. These results indicate that the sample
processing procedures did not.significantly impact the results of the field sample analyses.
A laboratory spike sample was also prepared using clean sand that had been fortified with native
standard material. Recoveries of the spiked native compounds ranged from 84-102%. These
results indicate a high degree of accuracy for these determinations.
REMARKS
The sample extracts will be retained for a period of 15 days from the date of this report and then
discarded unless other arrangements are made. The raw mass spectral data will be archived on
magnetic tape for a period of not less than one year. Questions regarding the data contained in
this report may be directed to the author at the number provided below.
Pace Analytical Services, Inc.
Scott C. Unze
Project Manager, HRMS
[phone]
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
�M .E�Ogo
,-fndac

Analytical o
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APPENDIX A
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
Pace Analytical Services, Inc.
1700 Elm Street
Minneapolis, MN 55414
Phone: [phone]
Fax: [phone]
\M ntppgp
ti i � •�C
�,nd t

CHAIN -OF -CUSTODY / Analytical Request Document
The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
/I 1. A;-- [
Page: of
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n
0975492
Required Client Information:
Required Project Information:.
Invoice Information:
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Report To:
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❑ NPDES ❑ GROUNDWATER
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Valid Matrix Codes
MATRIX CODE
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CHAIN -OF -CUSTODY / Analytical Request Document
The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
..-T-aUcr11a1yL1uat
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0975492
Required Client Information:
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Invoice Information:
Company r-' i !
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REGULATORY
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Valid Matrix Codes
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ace Analytical
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APPENDIX B
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
Pace Analytical Services, Inc.
1700 Elm Street
Minneapolis, MN 55414
Phone: [phone]
Fax: [phone]
�N nCCpyp*
�tr�elac

TM
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Method 1613B Blank Analysis Results
Client - PACE Asheville
Lab Sample ID
BLANK-11285
Matrix Solid
Filename
F610316 06
Dilution NA
Total Amount Extracted
20.4 g
Extracted 10/24/2006
ICAL Date
09/10/2006
Analyzed 10/31/2006 14:24
CCal Filename(s)
F61031 B_02
Injected By SMT
Native
Conc EMPC
PRL
Internal
ng's
Percent
Isomers
ng/Kg ng/Kg
ng/Kg
Standards
Added
Recovery
2,3,7,8-TCDF ,
ND ----
0.49
2,3,7,8-TCDF-13C
2.00
81
Total TCDF
ND -----
----
2,3,7,8-TCDD-13C
2.00
72
1,2,3,7,8=PeCDF-13C
2.00
80
2,3,7,8-TCDD
ND -----
0.49.
2,3,4,7,8-PeCDF-13C
2.00
84
Total TCDD
ND -----
-----
1,2,3,7,8-PeCDD-13C
2.00
95
1,2,3,4,7,8-HxCDF-13C
2.00
85 '
1,2,3,7,8-PeCDF
ND -----
2.40
1,2,3,6,7,8-HxCDF-13C
2.00
79
2,3,4,7,8-PeCDF
ND -----
2.40
2,3,4,6,7,8-HxCDF-13C
2.00
80
Total PeCDF
ND -----
---
1,2,3,7,8,9-HxCDF-130
2.00
79
1,2,3,4,7,8-HxCDD-13C
2.00
86
1,2,3,7,8-PeCDD
ND -----
2.40
1,2,3,6,7,8-HxCDD-13C
2.00
74
Total PeCDD •
ND -----
-----
1,2,3,4;6,7,.8-HpCDF-13C
2,00
76
1,2,3,4,7,8,9-HpCDF-13C
2.0,0
67
1,2,3,4,7,8-HxCDF
ND -----
2.40
1,2,3,4,6,7,8-HpCDD-13C
2.00
87
1,2,3,6,7,8-HxCDF
ND -----
2.40
OCDD-13C
4.00
83
2,3,4,6,7,8-Hx0DF
ND -----
2.40
1,2,3,7,8,9-HxCDF
ND -----
2.40
1,2,3,4-TCDD-13C
2.00
NA
Total HxCDF
ND -----
----
1,2,3,7,8,9-HxCDD-13C
2.00
NA
1,2,3,4,7,8-HxCDD
ND -----
2.40
2,3,7,8-TCDD-37CI4
0.20
67
1,2,3,6,7,8YHxCDD
ND -----
2.40
1,2,3,7,8,9-HxCDD
ND -----
2.40
Total HxCDD •
ND -----
-----
1,2,3,4,6,7,8-HpCDF
ND -----
2.40
Total2,3,7,8-TCDD
1,2,3,4,7,8,9-HpCDF
ND -----
2.40
Equivalence: 0.00 ng/Kg
Total HpCDF
ND -----
-----
(Using ITE Factors)
1,2,3,4,6,7,8-HpCDD
ND -----
2.40
Total HpCDD,K
ND -----
----
OCDF
ND -----
4.90
OCDD
ND -----
4.90
Conc = Concentration (Totals include 2,3,7,8-substituted isomers).
I = Interference
EMPC = Estimated Maximum Possible Concentration
E = PCDE Interference
PRL = Pace Analytical Reporting Limit
ND = Not Detected
A = Limit of Detection based on signal to noise
NA = Not Applicable
P = Recovery outside of method 1613 control limits
NC = Not Calculated
Nn = Value obtained from additional analysis
J = Value below calibration range
= See Discussion
Report No ..... 1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

e
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
I`
Minneapolis, MN 55414
TM
ace Anal
a.l
Tel:
-607-1700
y�t
-� r��r
Fax:
12
62-� 607-6444
Method 1613B Analysis Results
Client
- PACE Asheville
Client's Sample ID
BS-1-A
Lab Sample ID
927562272
Filename
P61104B_16
Injected By
BAL
Total Amount Extracted
38.7 g
Matrix Solid
% Moisture
74.1
Dilution NA
Dry Weight Extracted
10.0 g
Collected 10/16/2006
ICAL Date
10/29/2006
Received 10/16/2006
CCal Filename(s)
P611046_02
Extracted 10/24/2006
Method Blank ID
BLANK-11285
Analyzed 11/05/2006
12:54
Native
Conc EMPC
PRL
Internal
ngis
Percent
Isomers
ng/Kg ng/Kg
_ -
ng/Kg
~ ~2,3,7,8-TCDF-13C�
Standards Added
Recovery
2,3,7,8-TCDF
730.0 ---
1.00"-
2.00
92
Total TCDF
1500.0 -----
-----
2,3,7,8-TCDD-13C
2.00
73
1,2,3,7,8-PeCDF-13C
2.00
75
2,3,7,8-TCDD
41.0 -----
1.00
2,3,4,7,8-PeCDF-13C
2,00
78
Total TCDD
110.0 -----
-----
1,2,3,7,8-PeCDD-13C
2.00
90
1,2,3,4,7,8-HxCDF-13C
2.00
105
1,2,3,7,8-PeCDF
----- 19
5.00 E
1,2,$,6,7,$-HxCDF-13C
2.00
94
2,3,4,7,8-PeCDF
15.0 -----
5.00
.2,3,4,6,7,8-HxCDF-13C
2.00
87
Total PeCDF
72.0 -----
-----
1,2,3,7,8,9-HxCDF-13C
200
77
1,2,3,4,7,8-HxCDD-13C
2.00
89
1,2,3,7,8-PeCDD
25.0 -----
5.00
1,2,3,6,7,8-HxCbb-13C
2.00
86
Total PeCDD
230.0 -----
-----
1,2,3,4,6,7,8-HpCDF-13C
2.00
57
1,2,3,4,7,8,9-HpCDF-13C
2.00
43
1,2,3,4,7,8-HxCDF
5.6 -----
5.00
1,2,3,4,6,7,8-HpCDD-13C
2.00
59
1,2,3,6,7,8-HxCDF
ND -----
5.00
OCDD-13C
4.00
28
2,3,4,6,7,8-HxCDF
ND -----
5.00
1,2,3,7,:8,9-HxCDF
ND ----
5.00
1,2,3;4-TCDD-13C
2.00
NA
Total HxCDF
45.0 -----
-----
1,2,3,7,8,9-HxCDD-13C
2.00
NA
1,2,3,4,7,8-HxCDD
44.0 -----
5.00
2,3,7,8-TCDD-37CI4
0.20
67
1,2,3,6,7,8-HxCDD
410.0 -----
5.00
1,2,3,7,8,9-HxCDD
250.0 -----
5.00
Total HxCDD
3200.0 -----
-----
1,2,3,4,6,7,8-HpCDF
21.0 -----
5.00
Total2,3,7,8-TCDD
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Equivalence: 250 ng/Kg
Total HpCDF::;:
59.0 -----
-----
(Using ITE Factors)
1,2,3,4,6,7,8-HpCDD
4200.0 -----
5.00
Total HpCDD
7500.0 -----
----
OCDF
48.0 -----
10.00
OCDD
8200.0 -----
10.00
Results reported on a dry weight basis
I = Interference
Cone = Concentration (Totals include 2,3,7,8-substituted isomers).
E = PCDE Interference
EMPC = Estimated Maximum Possible Concentration
ND = Not Detected
PRL = Pace Analytical Reporting Limit.
NA = Not Applicable
A = Limit of Detection based
on signal to noise
B = Less than 10 times higher
than method blank level
NC = Not Calculated
P = Recovery outside of method
1613 control limits
J = Value below calibration range
Nn = Value obtained from additional analysis
* = See Discussion
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
Report No ..... 1040258

1.1
t;
Client's Sample ID
Lab Sample ID
Filename
Injected By
Total Amount Extracted
% Moisture
Dry Weight Extracted
ICAL Date
CCal Filename(s)
Method Blank ID
Native
Isomers
2,3,7,8-TCDF
Total TCDF
od 1613B Analysis Results
Client - PACE Asheville
BS-2-A
927562280
P61105A 18
BAL
37.5 g
73.2
10.1 g
11 /05/2006
P61105A 09
BLANK-11285
Cone EMPC
ng/Kg ng/Kg
670.0 -----
1300.0 -----
PRIL
ng/Kg
0.99
2,3,7,8-TCDD
36.0 -----
0.99
Total TCDD
74.0 -----
-----
1,2,3,7,8-PeCDF
14.0 -----
5.00
2,3,4,7,E-PeCDF
15.0 -----
6.00
Total PeCDF
94.0 -----
-----
1,2,3,7,8-PeCDD
23.0 -----
5.00
Total PeCDD
220.0 -----
-----
1,2,3,4,7,8-HxCDF
5.3 -----
5.00
1,2,3,6,7,8-HxCDF
ND -----
5.00
2,3,4,6,7,8-HxCDF
ND -----
5.00
1,2,3.,7.,8,9-HxCDF
ND -----
5.00
Total HxCDF
52.0 -----
-----
1,2,3,4,7,8-HxCDD
45.0 -----
5.00
1,2,3,6,7,8-HxCDD
400.0 -----
5.00
1,2,3,7,8,9-HxCDD
260.0 -----
5.00
Total HxCDD
3100.0 -----
-----
1,2,3,4,6,7,8-HpCDF
18.0 -----
5.00
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Total HpCDF_
18.0 -----
-----
1,2,3,4,6,7,8-HpCDD
4400.0 -----
5.00
Total HpCDD
7800.0 -----
-----
OCDF 42.0 ----- 9.90
OCDD 9200.0 ----- 9.90
Results reported on a dry weight basis
Conc = Concentration (Totals include 2,3,7,8-substituted isomers)
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise
B = Less than 10 times higher than method blank level
P = Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis
Pace Analytical Services,. Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Matrix Solid
Dilution NA
Collected 10/16/2006
Received 10/16/2006
Extracted 10/24/2006
Analyzed 11/06/2006
06:03
Internal
ng's
Percent
Standards Added
Recovery
2,3,7,8-TCDF-13C
2.00
93
2,3,7,8-TCDD-13C
2.00
99
1,2,3,7,8-PeCDF-13C
2.00
65
2,3,4,7,8-PeCDF-13C
2.00
64
1,2,3,7,8-PeCDD-13C
2.00
82
1,2,3,4,7,8-HxCDF-13C
2.00
100
1,2,3,6,7,8-HxCDF-13C
2.00
89
2,3,4,6,7,8-HxCDF-13C
2.00
87
1,2,3,7,8,9-HxCDF-13C
2.00
87
1,2,3,4,7,8-HxCDD-13C
2.00
100
1,2,3,6,7,8-HxCDD-13C
2.00
93
1,2,3,4,6,7,8-HpCDF-13C
2.00
77
1,2,3,4,7,8,9-HpCDF-13C
2.00
66
1,2,3,4,6,7,8-HpCDD-13C
2.00
90
OCDD-13C
4.00
45
1,2,3,4-TCDD-13C
2.00
NA
1,2,3,7,8,9-HxCDD-13C
2.00
NA
2,3,7,8-TCDD-37CI4
0.20
88
Total 2,3,7,8-TCDD
Equivalence: 250 ng/Kg
(Using ITE Factors)
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable
NC = Not Calculated
J = Value below calibration range
* = See Discussion
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except In full,
without the written consent of Pace Analytical Services, Inc.
Report No ..... 1040258

Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
aceAnalyocal
rM
Tel:
07-1700
Fax:
612- "07-6444
Method 1613`B Analysis Results
/
Client
- PACE Asheville
Client's Sample ID
BS-3-A
Lab Sample ID
927562298
Filename
P61105A 13
Injected By
BAL
Total Amount Extracted
36.0 g
Matrix Solid
% Moisture
72.0
Dilution NA
Dry Weight Extracted
10.1 g
Collected 10/16/2006
[CAL Date
11/05/2006
Received 10/16/2006
CCal Filename(s)
P61105A_09
Extracted 10/24/2006
Method Blank ID
BLANK-11285
Analyzed 11/06/2006
02:01
Native
Conc EMPC
PRL
Internal
ng's
Percent
Isomers
ng/Kg ng/Kg
ng/Kg
Standards Added
Recovery
2,3,7,8-TCDF
21.0 -----
0.99
2,3,7,8-TCDF-I3C
2.00
100
Total TCDF
37.0 -----
-----
2,3,7,8-TCDD-13C
2.00
70
1,2,3,7,8-PeCDF-13C
2.00
92
2,3,7,8-TCDD
ND -----
0.99
2,3,4,7,8-PeCDF-I3C
2.00
93
Total TCDD
1.3 -----
-----
1,2,3,7,8-PeCDD-13C
2.00
102
1,2,3,4,7,8-HxCDF-130
2.00
107
0
1,2,3,7,8»PeCD17
ND -----
5.00
1,2A6,7,8.-HxCDF-13C
2.00
101
2,3,4,7,8-PeCDF
ND -----
5.00
2,3,4,6,7,8-HxCDF-13C
2.00
96
Total PeCDF
ND -----
-----
1,2,3,7,8.r9-HxCDF-13C
2.00
93
1,2,3,4,7,8-HxCQD-13C
2.00
95
1,2,3,7„8-PeCDD
ND -----
5.00
1,2,3,6,7,8-HxCDD-13C
2.00
89
Total PeCDD
ND -----
-----
1,2,3,4;.6.,7,8-HpCDF-13C
2.00
86
1,2,3,4,7,8,9-HpCDF-13C
2,00
76
1,2,3,4,7,8-HxCDF
N.D -----
5.00
1,2,3,4,6,7,8-HpCDD-13C
2.00
88
1,2,3,6,7,8-HxCDF
ND -----
5.00
OCDD-13C
4.00
95
2,3,4,6,7,8-HxCDF
ND -----
5.00
1,2,3,7,8,9-HxCDF
ND -----
5.00
1,2,3,4-TCDD-13C
2.00
NA
Total HxCDF
ND -----
-----
1,2,3,7,8,9-HxCDD-13C
2.00
NA
1,2,3,4,7,8-HxCDD
ND -----
5.00
2,3,7,8-TCDD-37CI4
0.20
65
1,2,3,6,7,8-HxCDD
14.0 -----
5.00
1,2,3,7,8,9-HxCDD
12.0 -----
5.00
Total HxCDD
110.0 -----
-----
1,2,3,4,6,7,8-HpCDF
ND -----
5.00
Total2,3,7,8-TCDD
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Equivalence: 6.9 ng/Kg
Total HpCDF...,;
ND -----
-----
(Using ITE Factors)
1,2,3,4,6,7,8-HpCDD
190.0 -----
5.00
Total HpCDD
330.0 -----
-----
OCDF
ND -----
9.90
OCDD
330.0 -----
9.90
Results reported on a dry weight basis
I =Interference
Conc = Concentration (Totals include 2,3,7,8-substituted isomers).
E = PCDE Interference
EMPC = Estimated Maximum
Possible Concentration
ND =Not Detected
PRL = Pace AnIalytical Reporting Limit.
NA = Not Applicable
A = Limit of Detection based
on signal to noise
B = Less than 10 times higher than method blank level
NC = Not Calculated
P = Recovery outside of method 1613 control limits
J = Value below calibration
range
Nn = Value obtained from
additional analysis
* = See Discussion
Report No .....
1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

I 1613B Analysis Results
Client - PACE Asheville
Client's Sample ID
BS-3-B
Lab Sample ID
927562306
Filename
P61105A_15
Injected By
BAL
Total Amount Extracted
33.5 g
% Moisture
70.2
Dry Weight Extracted
10.00 g
ICAL Date
11 /05/2006
CCal Filename(s)
P61105A_09
Method Blank ID
BLANK-11285
Native
Cone EMPC
PRI_
Isomers
ng/Kg ng/Kg
ng/Kg
2,3,7,8-TCDF
550.0 -----
1.0
Total TCDF
1000.0 -----
-----
2,3,7,8-TCDD'
19.0 -----
1.0
Total TCDD
80.0 -----
-----
1,2,3,7,8-PeCDF
----- 7.5
5.0 E
2,3,4,7,8-PeCDF
----- 17.0
5.0 E
Total PeCDF
92.0 -----
-----
1,2,3,7,8-PeCDD
27.0 -----
5.0
Total PeCDD
240.0 -----
-----
1,2,3,4,7,8-HxCDF
6.3 -----
5.0
1,2,3,6,7,8-HxCDF
ND -----
5.0
2,3,4,6,7,8<HxCDF
6.4 -----
5.0
1,2,3,7,8,9-HxCDF
ND -----
5.0
Total HxCDF
94.0 -----
-----
1,2,3,4,7,8-HxCDD
50.0 -----
5.0
1,2,3,6,7,8=HxCDD
480.0 -----
5.0
1,2,3,7,8,9-HxCDD
300.0 -----
5.0
Total HxCDD
3800.0 -----
-----
1,2,3,4,6,7,8-HpCDF
49.0 -----
5.0
1,2,3,4,7,8,9-HpCDF
ND -----
5.0
Total HpCDF,�F=:
110.0 -----
-----
1,2,3,4,6,7,8-HpCDD
5100.0 -----
5.0
Total HpCDD
9400.0 -----
-----
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Matrix Solid
Dilution NA
Collected 10/16/2006
Received 10/16/2006
Extracted 10/24/2006
Analyzed 11 /06/2006
03:38
Internal
ng's
Percent
Standards Added
Recovery
2,3,7,8-TCDF-13C
2.00
89
2,3,7,8-TCDD-13C
2.00
64
1,2,3,7,8-PeCDF-13C
2.00
67 '
2,3,4,7,8-PeCDF-13C
2.00
66
1,2,3,7,8-PeCDD-13C
2.00
84
1,2,3,4,7,8-HxCDF-13C
2.00
99
1,2,3,6,7,8-HxCDF-13C
2.00
88
2,3,4,6,7,8-HxCDF-13C
2.00
86
1,2,3,7,8,9-HXCOF-13C
2.00
82
.
1,2,3,4,7,8-HxCDD-130
2.00
93
1,2,3,6,7,8-HxCDD-13C
2.00
87
1,2,3,4,6,7,8-HeCDF-13C
2,00
73
1,2,3,4,7,8,9-HpCDF-13C
2.00
62
1,2,3,4,6,7,8-HpCDD-13C
2.00
89
OCDD-13C
4.00
54
1,2,3,4-TCDD-13C
2.00
NA
1,2,3,7,81-9-HxCDD-13C
2.00
NA
2,3,7,8-TCDD-37CI4
0.20
54
OCDF 66.0 ----- 10.0
OCDD 16000.0 ----- 10.0
Results reported on a dry weight basis
Conc = Concentration _(Totals include 2,3,7,8-substituted isomers).
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise.
B = Less than 10 times higher than method blank level
P ='Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis
Total 2,3,7,8-TCDD
Equivalence: 240 ng/Kg
(Using ITE Factors)
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable'
NC = Not Calculated
J = Value below calibration range
* = See Discussion
Report No ..... 1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

TM
e
od 1613B Analysis Results
Client - PACE Asheville
Client's Sample ID
BS-4-A
Lab Sample ID
927562314
Filename
P61105A 16
_
Injected By
BAL
Total Amount Extracted
34.4 g
% Moisture
70.9
Dry Weight Extracted
10.0 g
ICAL Date
11/05/2006
CCai Filename(s)
P61105A_09
Method Blank.ID
BLANK-11285
Native
Conc EMPC
PRL
Isomers
ng/Kg ng/Kg
ng/Kg
2,3;7,8-TCDF
93.0 -----
1.00
Total TCDF
180.0 -----
-----
2,3,7,8-TCDD
5.6 -----
1.00
Total TCDD
19.0 -----
-----
1,2,3,7,8-PeCDF
ND -----
5.00
2,3,4,7,8-PeCDF
ND -----
5.00
Total PeCDF
14.0 -----
-----
1,2,3,7,8-PeCDD
7.8 -----
5.00
Total PeCDD
51.0 -----
-----
1,2,3,4,7,8-HxCDF
ND -----
5.00
1,2,3,6,7,8-HxCDF
ND -----
5.00
2,3,4,6,7,8-HxCDF
ND -----
5.00
1,2,3;7,8,9-HxCDF
ND -----
5.00
Total HxCDF ,
11.0 -----
-----
1,2,3,4,7,8-HxCDD
16.0 -----
5.00
1,2,3,6,7,8-HxCDD
110.0 -----
5.00
1,2,3,7,8,9-HxCDD
84.0 -----
5.00
Total HxCDD
870.0 -----
-----
1,2,3,4,6,7,8-HpCDF
5.9 -----
5.00
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Total HpCDF,;
14.0 -----
-----
1,2,3,4,6,7,8-HpCDD
1400.0 -----
5.00
Total HpCDD
2600.0 -----
-----
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Matrix Solid
Dilution NA
Collected 10/16/2006
Received 10/16/2006
Extracted 10/24/2006
Analyzed 11 /06/2006 04:26
Internal
ng's
Percent
Standards
Added
Recovery
2,3,7,8-TCDF-13C
2.00
96
2,3,7,8-TCDD-13C
2.00
88
1,2,3,7,8-PeODF-13C
2.00
75 '
2,3,4,7,8-Pe0E-13C
2.00
77
1,2,3,7,8-PeCDD-13C
2.00
96
1,2,3,4,7,8-HxCDF-130
2.00
107
1,2,3,6,7,8-HxCDF-13C
2.00
94
2,3,4,6,7,8-HxCDF-130
2.00
94
1,2,3,7,8,9-HxCDF-13C
2.00
92
1,2,3,4,7,8-HxCDD-13C
2.00
98
1,2,3,6,7,8-HxCDD-13C
2,00
92
1,2,3;4,6,7,8-HpCDF-13C
2.00
89
1,2,3,4,7,8,9-HpCDF-130
2.00
75
1,2,3,4,6,7,8-HpCDD-13C
2.00
105
OCDD-13C
4.00
73
1,2,3,4-TCDD-130
2.00
NA
1,2,3,7,8,9-HxCDD-13C
2.00
NA
2,3,7,8-TCDD-37CI4
0.20
77
OCDF 12.0 ----- 10.00
OCDD 3600.0 ----- 10.00
Results reported on a dry weight basis
Conc = Concentration (Totals include 2,3,7,8-substituted isomers)
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise
B = Less than f0 times higher than method blank level
P = Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis
Total 2,3,7,8-TCDD
Equivalence: 57 ng/Kg
(Using ITE Factors)
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable
NC = Not Calculated
J = Value below calibration range
* = See Discussion
Report No ..... 1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

Pace Analytical Services, Inc.
r
1700 Elm Street - Suite 200
Minneapolis, MN 55414
TM
Tel:
-607-1700acie
iis
A
Fax:
612- 607-6444
Method 1613B Analysis Results
Client
- PACE Asheville
Client's Sample ID
BS-4-13
Lab Sample ID
927562322
Filename
P611041315
Injected By
BAL
Total Amount Extracted
37.0 g
Matrix Solid
% Moisture
72.7
Dilution NA
Dry Weight Extracted
10.1 g
Collected 10/16/2006
ICAL Date
10/29/2006
Received 10/16/2006
CCal Filename(s)
P6110413_02
Extracted 10/24/2006
Method Blank ID
BLANK-11285
Analyzed 11/05/2006
12:05
Native
Cone EMPC
PRL
Internal
ng's
Percent
Isomers
ng/Kg ng/Kg
ng/Kg
Standard's Added
Recovery
2,3,7,8-TCDF
990.0 -----
0.99
2,3,7,8-TCDF-13C
2.00
94
Total TCDF
1900.0 -----
-----
2,3,7,8-TCDD-13C .
2.00
61
1,2,3,7,8-PeCDF-13C
2,00
77 '
2,3,7,8-TCDD-
55.0 -----
0.99
2,3,4,7,8-PeCDF-13C
2.00
79
Total TCDD
140.0 -----
-----
1,2,3,7,8-PeCDD-13C
2.00
94
1,2,3,4,7,8-HxCDF-13C
2.00
104
1,2,3,7,8-PeCDF
----- 24
5.00 E
1,2,3;6,7,8-HxCDF-13C
2.00
96
2,3,4,7,8-PeCDF
21.0 -----
5.00
2,3.,4,6,7,8-HxCDF-13C
2.00
89
Total PeCDF
96.0 -----
-----
1,2,3,7,8,9-..HxCDF-13C
2.00
77
1,2,3,4,7;8-HxCDD-13C
2.00
94
1,2,3,7,8-PeCDD
32.0 -----
5.00
1,2,3,6,7,8=HxCDD-13C
2.00
88
Total PeCDD
270.0 -----
-----
1,2,3,4,6,7,8-HpCDF-13C
2.00
58
1,2,3,4,7,8;9-HpCDF-13C
2.00
43
1,2,3,4,7,8-HxCDF
7.4 -----
5.00
1,2,3,4,6,7,8-HpCDD-13C
2.00
60
1,2,3,6,7,8-HxCDF
ND -----
5.00
OCDD-13C
4.00
30
2,3.,4,6,7,8-HxCDF
ND -----
5.00
1,23,7,8,9-HxCD17
ND -----
5.00
1,2,3,4-TCDD-13C
2.00
NA
Total HxCDF
61.0 -----
----
1,2,3,7,8,9-HxCDD-13C
2.00
NA
1,2,3.,4,7,8-HxCDD
48.0 -----
5.00
2,3,7,8-TCDD-37CI4
0.20
56
1,2,3,6,7,8-HxCDD
600.0 -----
5.00
1,2,3,7,8,9-HxCDD
340.0 -----
5.00
Total HxCDD
4400.0 -----
-----
1,2,3,4,.6,7,8-HpCDF
29.0 -----
5.00
Total2,3,7,8-TCDD
1,2,3,4,7,8,9=HpCDF
ND -----
5.00
Equivalence; 340 ng/Kg
Total HpCDF::;;:
76.0 -----
-=---
(Using ITE Factors)
1,2,3,4,6,7,8 HpCDD
5300.0 -----
5.00
Total HpCDD
9700.0 -----
-----
OCDF
64.0 -----
9.90
OCDD
10000.0 -----
9.90
Results reported on a dry weight basis
I =Interference
Conc = Concentration (Totals include 2,3,7,8-substituted
isomers).
E = PCDE Interference
EMPC = Estimated Maximum
Possible Concentration
ND =Not Detected
PRL = Pace Analytical Reporting Limit.
NA = Not Applicable
A = Limit of Detection based
on signal to noise
B = Less than 10 times higher than method blank level
NC = Not Calculated
P = Recovery outside of method 1613 control limits
J = Value below calibration range
Nn = Value obtained from
additional analysis
# = See Discussion
Report No
..... 1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

0
TM
Method 1613B Analysis Results
Client - PACE Asheville
Client's Sample ID
BS-5-A
Lab Sample ID
927562330
Filename
P611041313
Injected By
BAL
Total Amount Extracted
39.6 g
% Moisture
74.7
Dry Weight Extracted
10.0 g
]CAL Date
10/29/2006
CCal Filename(s)
P611041302
Method Blank ID
BLANK-11285
Native
Conc EIVIPC
Isomers
ng/Kg ng/Kg
2,3,7,8-TCDF
410.0 -----
Total TCDF
800.0 -----
2,3,7,8-TCDD
6.9 -----
Total TCDD
35.0 -----
1,2,3,7,8-PeCDF
5.2 -----
43,4,7,8=1PeCDF
6.0 -----
Total PeCDF
28.0 -----
1,2,3,7,8-PeCDD
14.0 -----
Total PeCDD
120.0 -----
1,2,3,4,7,8-HxCDF
ND -----
1,2,3,6,7,8-HxCDF
ND -----
2,3,4,6,7,8-HxCDF
ND -----
1,2,3,7,6,9-HxCDF
ND -----
Total HxCDF
12.0 -----
1,2,3,4,7,8-HxCDD
28.0 -----
1,2,3,6,7,8-HxCDD
160.0 -----
1,2,3,7,8,9-HxCDD
130.0 -----
Total HxCDD
1400.0 -----
1,2,3,4,6,7,8-HpCDF
5.4 -----
1,2,3,4,7,8,9-HpCDF
ND -----
Total HpCDF
10.0 -----
1,2,3,4,6,7,8-HpCDD
2400.0 -----
Total HpCDD
4300.0 -----
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Matrix Solid
Dilution NA
Collected 10/16/2006
Received 10/16/2006
Extracted 10/24/2006
Analyzed 11/05/2006 10:28
PRL
Internal
ng's
ng/Kg
Standards
Added.
1.00
2,3,7,8-TCDF-13C
2.00
-----
2,3,7,8-TCDD-13C
2.00
1,2,3,7,8-PeCDF-13C
2.00
1.00
2,3,4,7,8-PeCDF-13C
2.00
-----
1,2,3,7,8-PeCDD-13C
2.00
1,2,3,4,7,8-HxCDF-13C
2.00
5.00
1,2,3,6.,7,8-HxCDF-13C
2.00
5.00
2,3,4,6,7,8-HxCDF-13C
2.00
-----
1,2,3,7,$,9-HxCDF-13C
2.00
1,2,3,4,7,8:1-14DDA3C
2.00
5.00
1,2,3,6,7,8-HxCDD-13C
2.00
-----
1,2,3,4;6,7,8-HpCDF-13C
2.00
1,2,3,4,7,8,9-HpCDFA 3C
2.00
5.00
1,2,3,4,6,7,8-HpCDD-13C
2.00
5.00
OCDD-13C
4.00
5.00
5.00
1,2,3,4-TCDD-13C
2.00
-----
1,2,3,7,8,9-HxCDD-13C
2.00
5.00 2,3,7,8-TCDD-37CI4 0.20
5.00
5.00
5.60 Total2,3,7,8-TCDD
5.00 Equivalence: 120 ng/Kg
----- (Using ITE Factors)
y 11
OCD.F ND ----- 10.00
OCDD 4200.0 ----- 10.00
Results reported on a dry weight basis
Conc = Concentration (Totals include 2,3,7,8-substituted isomers)
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise
B = Less than 10 times higher than method blank level
P = Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis
Percent
Pprtnvary
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable
NC = Not Calculated
J = Value below calibration range
= See Discussion
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
108
93
89
90
107
108
97
98
92
104
96
90
78
101
74
NA
NA
82
Report No ..... 1040258

Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
1`
Minneapolis, MN 55414
aV A al
TM
/�f a
Tel:
612 607 1700
�:J ►�/
L(� (
Fax:[phone]
..�...,�1.�.._!
Method 1613B Analysis Results
Client
- PACE Asheville
Client's Sample ID
BS-5-B
Lab Sample ID
927562348
Filename
P61105A_17
Injected By
BAL
Total Amount Extracted
30.2 g
Matrix Solid
% Moisture •
66.9
Dilution NA
Dry Weight Extracted
10.0 g
Collected 10/16/2006
ICAL Date
11/05/2006
Received 10/16/2006
CCal Filename(s)
P61105A_09
Extracted 10/24/2006
Method Blank ID
BLANK-11285
Analyzed 11/06/2006
05:15
Native
Cone EMPC
PRL
Internal
ng's
Percent
Isomers
------------
ng/Kg ng/Kg
ng/Kg
Standards Added
Recovery
2,3,7,8-TCDF
110.0 -----
1.00
2,3,7,8-TCDF-13C
2.00
88
Total TCDF
210.0 -----
-----
2,3,7,8-TCDD-13C
2.00.
90
1,2,3,7,8-PeCDF-130
2.00
69
2,3,7,E-TCDD
6.9 -----
1.00
2,3,4,7,8-PeCDF-13C .
2.00
70
Total TCDD
20.0 -----
-----
1,2,3,7,8-PeCDD-13C
2.00
90
1,2,3,4,7,8-HxCDF-13C
2.00
99
1,2,3,7,8-PeCDF
ND ----
5.00
1,2,3,6,7,8-HxCDF-13.0
2.00
88
2,3,4,7,8-PeCDF
ND -----
5.00
2,3,4,6,7,8-HxCDF-13C
2.00
83
Total PeCDF
16.0 -----
-----
1,2,3,7,8,9=HxCDF-13C
2.00
83
1,2,3r4,7,8=1-1xCDD=13C
2.00
92
1,2,3,7,8-PeCDD
7.6 -----
5.00
1,2,3,6,7,8-HxCDD-13C
2,00
84
Total PeCDD
48.0 -----
-----
1,2,3,4,6,7,8-HpCDF-13C
2.00
77
1,2,3,4,7,8,9-HpCDF-13C
2.00
65
1,2,3,4,7,8-HxCDF
ND -----
5.00
1,2,3,4;6,7,8-HpCDD-13C
2.00
88
1,2,3,6,7,8-HxCDF
ND -----
5.00
OCDD-13C
4.00
57
2,3,4,6.,7,8-HxCDF
ND -----
5.00
1,2,3,7,.8,9=HxCDF
ND -----
5.00
1,2,3,4-TCDD-13C
2.00
NA
Total HxCDF
14.0 -----
-----
1,2,3,7,8,9-HxCDD-13C
2.00
NA
1,2,3,4,7,8-HxCDD
15.0 -----
5.00
2,3,7,8-TCDD-37CI4
0.20
81
1,2,3,6,7,8-HxCDD
120.0 -----
5.00
1,2,3,7,8,9-HxCDD
85.0 -----
5.00
Total HxCDD
960.0 -----
-----
1,2,3,4,6,7,8-HpCDF
8.8 -----
5.00
Total 2,3,7,8-TCDD.
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Equivalence: 65 ng/Kg
Total HpCDF
20.0 -----
-----
(Using ITE Factors)
,.:
1,2,3,4,6,7,8-HpCDD
1600.0 -----
5.00
Total HpCDD
2900.0 -----
----
TCDF
21.0 -----
10.00
OCDD
4500.0 -----
10.00
Results reported on a dry weight basis
I - Interference
Conc = Concentration (Totals include 2,3,7,8-substituted isomers).
E = PCDE Interference
EMPC = Estimated Maximum
Possible Concentration
ND = Not Detected
PRL = Pace Analytical Reporting Limit.
NA =Not Applicable
A = Limit of Detection based
on signal to noise
B = Less than 10 times higher than method blank level
NC = Not Calculated
P = Recovery outside of method 1613 control limits
J = Value below calibration range
Nn = Value obtained from
additional analysis
" = See Discussion
Report No .....
1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
TM Minneapolis, MN 55414
Ailcal
Tel:[phone]
Fax: [phone]
Method 1613B Analysis Results
Client - PACE Asheville
Client's Sample ID
BS-6-A
Lab Sample ID
927562355
Filename
P61105A_14
Injected By
BAL
Total Amount Extracted
31.6 g
Matrix
Solid
% Moisture
68.0
Dilution
NA
Dry Weight Extracted
10.1 g
Collected
10/16/2006
ICAL Date
11/05/2006
Received
10/16/2006
CCal Filename(s)
P61105A_09
Extracted
10/24/2006
Method Blank ID
BLANK-11285
Analyzed
11/06/2006 02:50
Native
Cone EMPC PRL
Internal
ng's
Isomers
ng/Kg ng/Kg ng/Kg
Standards
Added
2,3,7,8-TCDF
230.0 ----- 0.99
2,3,7,8-TCDF-13C
2.00
Total TCDF
460.0 ----- -----
2,3,7,8-TCDD-13C
2.00
2,3,7,8-TCDD
Total TCDD
1,2,3,7,8-PeCDF
2,3,4,7,8-PeCDF
Total PeCDF
1,2,3,7,8-PeCDD
Total PeCDD
1,2,3,4,7,8-HxCDF
1,2,3,6,7,8-HxCDF
2,3,4,6,7,&HxCDF
1,2,3,7;8,9-HxCDF
Total HxCDF
1,2,3,4,7,8-HxCDD
1,2,3,6,7,8-HxCDD
1,2,3,7,8,9-HxCDD
Total HxCDD
1,2,3,4,6,7,8-HpCDF
1,2,3,0,8,9-HpCDF
Total HpCDF-.,.
1,2,3,4,6,7,8-HpCDD
Total HpCDD
1,2,3,7,8-PeCDF-13C
2.00
4.4 -----
0.99
2,3,4,7,8-PeCDF-13C
2.00
17.0 -----
-----
1,2,3,7,8-PeCDD-13C
2.00
1,2,3,4,7,8-HxCDF-13C
2.00
ND -----
4.90
1,2,3,6,7,8-HxCDF-13C
2.00
ND -----
4.90
2,3,4,6,7,8-HxCDF-13C
2.00
9.3 -----
-----
1,2,3,7,$,.9-Hx0PF-13C
2.00
1.,2,3,4,7x8-HxCDD-13C
2.00
9.1 -----
4.90
1,2,3,6,7,8-HxCDD-13C
2.00
68.0 -----
-----
1,2,3,4;6,7,8,HpCDF-13C
2.00
1,2,3,4,7,8;9-HpCDF-13C
2.00
ND -----
4.90
1,2,3,4,6,7,8-HpCDD-13C
2.00
ND -----
4.90
OCDD-13C
4.00
ND -----
4.90
ND -----
4.90
7.7 -----
-----
19.0 -----
4.90
110.0 -----
4.90
92.0 -----
4.90
920.0 -----
-----
ND -----
4,90
ND -----
4.90
ND-----
-----
1400.0 -----
4.90
2600.0 -----
-----
OCDF ND ----- 9.90
OCDD 2800.0 ----- 9.90
Results reported on a dry weight basis
Conc = Concentration (Totals include 2,3,7,8-substituted isomers)
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise
B = Less than 10 times higher than method blank level
P = Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis ,
1,2,3,4-TCDD-13C
1,2,3,7,8,9-HxCDD-13C
2,3,7,8-TCDD-37CI4
Total 2,3,7,8-TCDD
Equivalence: 71 ng/Kg
(Using ITE Factors)
Percent
Recovery
85
89
92 '
90
102
115
106
102
101
100
92
87
78
99
96
2.00
NA
2.00
NA
0.20
82
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable
NC = Not Calculated
J = Value below calibration range
* = See Discussion
Report No ..... 1040258
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

v
G
TPA
Method 1613B Analysis Results
Client - PACE Asheville
Client's Sample ID
BS-6-B
Lab Sample ID
927562363
Filename
P611046_14
Injected By
BAL
Total Amount Extracted
32.2 g
% Moisture
68.7
Dry Weight Extracted
10.1 g
ICAL Date
10/29/2006
CCal Filename(s)
P61104B_02
Method Blank ID
BLANK-11285
Native
Conc EMPC
PRL
Isomers
ng/Kg ng/Kg
ng/Kg
2,3,7,8-TCDF
970.0 -----
0.99
Total TCDF
1800.0 -----
-----
2,3,7,8-TCDD
30.0 -----
0.99
Total TCDD
88,0 -----
-----
1,2,3,7,8-PeCDF
----- 34
5.00 E
2,3,4,7,8-PeCDF
----- 23
5.00 E
Total PeCDF
67.0 -----
-----
1,2,3,7,8-PeCDD
28.0 -----
5.00
Total PeCDD
220.0 -----
-----
1,2,3,4,7,8-HxCDF
8.6 -----
5.00
1,2,3,6,7,8-HxCDF
ND -----
5,00
2,3,4,6.,7,8-HpCDF
8.4 -----
5.00
1,2,3,7i8,9-HxCDF
ND -----
5.00
Total HxCDF
110.0 -----
-----
1,2,3,4,7,8-HxCDD
51.0 -----
5.00
1,2,3,6,7,8-HxCDD
580.0 -----
5.00
1,2,3,7,8,9-HxCDD
330.0 -----
6.00
Total HxCDD
4400.0 -----
-----
1,2,3,4,6,7,8-HpCDF
60.0 -----
5.00
1,2,3,4,7,8,9-HpCDF
ND -----
5.00
Total HpCDF�l,.
150.0 -----
-----
1,2,3,4,6,7,8-HpCDD
6700.0 -----
5.00
Total HpCDD
12000.0 -----
-----
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Matrix Solid
Dilution NA
Collected 10/16/2006
Received 10/16/2006
Extracted 10/24/2006
Analyzed 11/05/2006 11:17
Internal ng's
Standards Added
Percent
Recovery
_ ------------
2,3,7,8-TCDF-13C
2.00
109
2,3,7,8-TCDD-13C
2.00
94
1,2,3,7,8-PeCDF-13C
2.00
87.1
2,3,4,7,8-PeCDF-13C
2.00
92
1,2,3,7,8-PeCDD-13C
2.00
105
1,2,3,4,7,8-HpCDF-13C
2.00
121
1,2,3,%7,8-HpCDF-13C
2.00
112
2,3,4,6,7,8-HpCDF-13C
2.00
104
1,2,3,7,8,9-HXCDF-13C
2.00
92
1,2,3.,4,7,8-.HxCDD-13C
2.00
106
1,2,3,F,7,8-HxCDD-13C
2.00
100
1,2,3,4,6,7,8-HpCDF-13C
2.00
68
1,2,3,4,7,8,9-HpCDF-13C
2.00
49
1,2,3,4,6,7,8-HpCDD-13C
2.00
70
OCDD-13C
4.00
37
1,2,3,4-TCDD-13C
2.00
NA
1,2,3,7,8,9-HxCDD-13C
2.00
NA
2,3,7,8-TCDD-37CI4
0.20
86
OCDF 69.0 ----- 9.90
OCDD 17000.0 ----- 9.90
Results reported on a dry weight basis
Conc = Concentration (Totals include 2,3,7,8-substituted isomers).
EMPC = Estimated Maximum Possible Concentration
PRL = Pace Analytical Reporting Limit.
A = Limit of Detection based on signal to noise
B = Less than 10 times higher than method blank level
P = Recovery outside of method 1613 control limits
Nn = Value obtained from additional analysis
Total 2,3,7,8-TCDD
Equivalence: 320 ng/Kg
(Using ITE Factors)
I = Interference
E = PCDE Interference
ND = Not Detected
NA = Not Applicable .
NC = Not Calculated
J = Value below calibration range
* = See Discussion
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
Report No ..... 1040258

TM
Pace Analytical Services, Inc.
1700 Elm Street - Suite 200
Minneapolis, MN 55414
Tel: [phone]
Method 1613B Laboratory Control Spike Results
Client - PACE Asheville
Lab Sample ID
LCS-11286
Filename
F61031 B 16
Matrix
Solid
Total Amount Extracted
20.3 g T
Dilution
NA
ICAL Date
09/10/2006
Extracted
10/24/2006
CCal Filename
F61031 B_02
Analyzed
10/31/2006 22:31
Method Blank ID
BLANK-11285
Injected By
SMT
Lower
Upper
%
Compound.
Cs
Cr
Limit
~7.5
Limit
Rec.
2,3,7,8-TCDF
10
8.6
15.8
86
2,3,7,8-TCDD
10
9.2
6.7
15.8
92
1,2,3,7,8-PeCDF
50
50.7
40.0
67.0
101
2,3,4,7,8-PeCDF
50
48.2
34.0
80.0
96
1,2,3,7,8-PeCDD
50
43.4
35.0
71.0
87
1,2,3,4,7,8-HxCDF
50
42.8
36.0
67.0
86
1,2,3,6,7,8-HxCDF
50
46.4
42.0
65.0
93
2,3,4,6,7,8-HxCDF
50
45.5
35.0
78.0
91
1,2,3,7,8,9-HxCDF
50
46.1
39.0
65.0
92
1,2,3,4,7,8-HxCDD
50
47.4
35.0
82.0
95
1,2,3,6,7,8-HXCDD
50
49.8
38.0
67.0
1.00
1,2,3,7,8,9-HxCDE)
50
47.6
32.0
81.0
95
1,2,3,4,6,7,8-HpCDF
50
49.7
41.0
61.0
99
1,2,3,4,7,8,9-HpCDF
50
60.9
39.0
69.0
102
1,2,3,4,6,7,8-HpCDD
50
42.1
35.0
70.0
84
OCDF
100
84.4
63.0
170.0
84
OGDD
100
89.7
78.0
144.0
90
2,3,7,8-TCDD-37CI4
10
8.0
3.1
19.1
80
2,3,7,8-TCDF-13C
100
105.0
22.0
152.0
105
2,3,7,8-TCDD-13C
100
87.8
20.0
175.0
88
1,2,3,7,8-PeCDF-13C
100
104.1
21.0
192.0
104
2,3,4,7,8-PeCDF-13C
100
107.2
13.0
328.0
107
1,2,3,7,8-PeCDD-13C
100
123.4
21.0
227.0
123
1,2,3,4,7,8-HxCDF-13C
100
104.6
19:0
202.0
105
1,2,3,6,7,8-HxCDF-13C
100
97.0
21.0
159.0
97
2,3,4,6,7,8-HxCDF-13C
100
96.9
22.0
176.0
..97
1,2,3,7,8,9-Hx4
bF-13C
100
99.5
17.0
205.0
100
1,2,3,47,8=HXCpD-13C
100
105.5
21.0
193.0
105
1,2,3,6,7,8-HxCDD-13C
100
91.4
25.0
163.0
91
1,2,3,4,6,7,8-Hp0QF-13C
100
91.7
21.0
158.0
92
1,2,3,4,7,8,9-HpCDF-13C
100
80.8
20.0
186.0
81
1,2,3,4,6,7,8-HpCDD-13C
100
107.4
26.0
166.0
107
OCDD-13C
200
205.5
26.0
397.0
103
Cs = Concentration Spiked (ng/mL)
Cr = Concentration Recovered (ng/mL)
Rec. = Recovery (Expressed as Percent)
Control Limit Reference: Method 1613, Table 6, 10/94 Revision
X = Background subtracted value
P = Recovery outside of control limits
Nn = Value obtained from additional analysis Report No ..... 1040258
' = See Discussion
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.

aceAnalytical °
www.pacelabs.com
October 31, 2006
Mr. D.M. Cody
Glatfelter Corp.
214 Camelot Dr.
Clyde, NC 28721
RE: Lab Project Number: 92130091
Client Project ID: TOC/HG
Dear Mr. Cody:
Pace Analytical Services, Inc.
9800 Kincey Avenue, Suite 100
Huntersville, NC 28078
Phone: [phone]
Fax: [phone]
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Fax: [phone]
Enclosed are the analytical results for sample(s) received by the laboratory on October 16, 2006. Results
reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the
body of the report.
Inorganic Wet Chemistry and Metals Analyses were performed at our Pace Asheville laboratory and Organic testing
was performed at our Pace Charlotte laboratory unless otherwise footnoted.
If you have any questions concerning this report please feel free to contact me.
Sincere ,
rr Patton
[e-mail]
[phone]
Project Manager
Enclosures
Asheville Certification IDs
NC Wastewater
40
NC Drinking Water
37712
SC
99030
FL NELAP
E87648
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
N At�pgO
��nAlar:4
Charlotte Certification IDs
NC Wastewater 12
NC Drinking Water 37706
SC 99006
FL NELAP E87627

o
- ,-race nalytical
Section A
Required Client Info mation:
Company
Address
Email To:
(Phone Fax
Requested Due Dat /TAT:
Section D Required Client Information
SAMPLE ID
One Character per box.
(A-Z, 0_9, :)
w Samples IDs MUST BE UNIQUE
F"
Additional
Section B
Required Project Information:
Report To: Y
Copy To:
Purchase Order No.:
Project Name:
Project Number:
atria Codes
K_ CODE
ING WATER DW
2 WI'
= WATER WW
JCT P
SOLID SL
OL
WP
AR
2 OT
F TS
CHAIN -OF -CUSTODY / Analytical Request Document
-The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
Page: of
Section 0975492
Invoice Information: REGULATORY . AGENCY
Attention:
L ❑ NPDES ❑ GROUNDWATER ❑ DRINKING WATER
Company Name: ❑ UST ❑ RCRA ❑ Other
Address: ❑GA ❑ IL ❑ IN ❑ MI ❑ MN ❑ NC
Pace Quote Reference: • DOA
❑SC ❑ WI ❑OTHER
Pace Project Manager:
Filtered (YIN)
Pace Profile #: I Requested
/ VF:�
a O
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COLLECTED
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COMPOSITE START
COMPOSITE
DATE
TIME
DATE
TIME
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55
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SIGNATURE SA � EAR,: A ^-% ''/
Preservatives
U
2
DATE,Signed, (MM I DD I YYa
I - 5-1
16: Y
�aL3®aql
Pace Project Number
Lab 1.1)
SAMPLE CONDITION
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SEE REVERSE SIDE F1R INSTRUCTIONS

Subcontracted Results
P r t - wrlm
ace oj ec
This report includes
page 1 to 13 _.

Analytical
1241 Bellevue Street, Suite 9
Green Bay, WI 54302
920-469-2436, Fax: [phone]
Analytical Report Number: 877399
Client: PACE ANALYTICAL SERVICES, INC. Lab Contact: Brian Basten
Project Name: GLATFELTER CORP.
Project Number: 92130091
Lab Sample
Collection
Number
Field ID
Matrix
Date
877399-001
BS-6-A 927562462
SOIL
10/16/06 11:20
877399-002
BS-6-B 927562470
SOIL
10/16/0611:20
877399-003
BS-5-A 927562447
SOIL
10/16/0611:55
877399-004
BS-55113 927562454
SOIL
10/16/0611:55
877399-005
BS-4 A 927562421
SOIL
10/16/0612:10
877399-005
BS-4-13 927562439
SOIL
10/16/06 12:10
877399-007
BS-3-A 927562405
SOIL
10/1610612:30
877399-008
BS-3-13 927562413
SOIL
10/16/06 12:30
877399-009
BS-2-A 927562397
SOIL
10/16/06 12:55
877399-010
BS-1-A 927562389
SOIL
10116/0612:20
1 certify that the data contained in this Final Report has been generated and reviewed in accordance with approved methods and
Laboratory Standard Operating Procedure. Exceptions, if any, are discussed in the accompanying sample comments. Release of this final
report is authorized by Laboratory management, as is verified by the following signature. This report shall not be reproduced, except in
full, without the written consent of Pace Analytical Services, Inc. The sample results relate only to the analytes of interest tested.
At! ov I Signature Date

Pace Analytical Anal tical Re ort Number: 877399 1241 Bellevue Street
y p Green Bay, WI 54302
Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name: GLATFELTER CORP. Collection Date : 10/16/06
Project Number: 9213.0091 Report Date : 10/31/06
Field ID : BS-6-A 927562462 Lab Sample Number: 877399-001
INORGANICS
Test
Result EQL
Dilution Units
Code Anl Date
Prep Method
AM Method
Mercury
0.36 0.039
1 mg/Kg
10/19/06
SW846 7471A
SW846 7471A
Percent Solids
25.8 —
1 %
10/19/06
SM M254OG
SM M2540G
TOC as NPOC
57000 31000
1 mg/kg
10/27/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER CORP.
Project Number: 92130091
Field ID: BS-6-B 927562470
9 1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type : SOIL
Collection Date: 10/16/06
Report Date : 10/31/06
Lab Sample Number: 877399-002
INORGANICS
Test
Result EQL
Dilution
Units
Code Anl Date
Prep Method
Anl Method
Mercury
2.3 0.18
5
mg/Kg
10/20/06
SW846 7471A
SW846 7471A
Percent Solids
28.5 —
1
%
10/19/06
SM M254OG
SM M2540G
TOC as NPOC
120000 53000
1
mg/kg
10/27/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

levue
Pace Analytical Analytical Report Number: 877399 Green Blay, WI 54302
Services, Inc. 92GA69-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name: GLATFELTER CORP. Collection Date : 10/16/06
Project Number: 92130091 Report Date: 10/31/06
Field ID : BS-5-A 927562447 Lab Sample Number: 877399-003
INORGANICS
Test Result EQL Dilution Units Code An[ Date Prep Method AM Method
Mercury 0.30 0.031 1 mg/Kg
Percent Solids 31.8 -- 1 %
TOC as NPOC 51000 45000 1 mg/kg
All soil results are reported on a dry weight basis unless otherwise noted.
10/19/06 SW846 7471A SW846 7471A
10/19/06 SM M254OG SM M254OG
10/27/06 SW846 M9060 SW846 M9060

Pace Analytical Anal tical Re ort Number: Numb877399 1241 Bellevue Street
y p Green Bay, WI 54302
.Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name: GLATFELTER CORP. Collection Date: 10/16/06
Project Number: 92130091 Report Date: 10/31/06
Field ID : BS-5-13 927562454 Lab Sample Number: 877399-004
INORGANICS
Test Result EQL Dilution Units Code AM Date Prep Method AM Method
Mercury 0.40 0.032 1 mg/Kg 10/19/06 SW8467471A SW8467471A
Percent Solids 31.2 -- 1 % 10/19/06 SM M254OG SM M254OG
TOC as NPOC 39000 27000 1 mg/kg 10/27/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted_

1241 Street
Pace Analytical Analytical Report Number: 877399 Green Blay, WI 54302
Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type: SOIL
Project Name : GLATFELTER CORP. Collection Data: 10/16/06
Project Number : 92130091 Report Date: 10/31/06
Field ID : BS4-A 927562421 Lab Sample Number: 877399-005
INORGANICS
Test Result EQL Dilution Units Code AM Date Prep Method Ani Method
Mercury 0.37 0.033 1 mg/Kg 10/19/06 SW846 7471A SW846 7471A
Percent Solids 30.4 — 1 % 10/19/06 SM M254OG SM M254OG
TOC as NPOC 35000 29000 1 mg/kg 10/27/06 SW846 M9060 SW846 M9060
All soil results are reported.on a dry weight basis unless otherwise noted.

1241 ue Street
Pace Analytical Analytical Report Number: 877399
Green Bay,rWl 54302
Services, Inc.
920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type: SOIL
Project Name : GLATFELTER CORP.
Collection Date: 10/16/06
Project Number: 92130091
Report Date: 10/31/06
Field ID : BS-4-13 927562439
Lab Sample Number: 877399-006
INORGANICS
Test Result EQL
Dilution
Units
Code AM Date Prep Method AM Method
Mercury 2.4 0.16
5
mg/Kg
10/20/06 SW846 7471A SW846 7471A
Percent Solids 32.1 --
1
%
10/19/06 SM M254OG SM M2540G
TOC as NPOC 120000 58000
1
mg/kg
10/27/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 877399 1241GreeBelle Bellevue
Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name : GLATFELTER CORP. Collection Date : 10/16/06
Project Number: 92130091 ReportDate : 10/31/06
Field. ID :. BS-3-A 927562405 Lab Sample Number: 877399-007
INORGANICS
Test Result EQL Dilution Units Code AM Date Prep Method An[ Method
Mercury
Percent Solids
TOC as NPOC
0.46 0.039 1 mg/Kg
25.9 — 1 %
49000 37000 1 mg/kg
All soil results are reported on a dry weight basis unless otherwise noted.
10/19/06 SW846 7471A SW846 7471A
10/19/06 SM M254OG SM M2540G
10/27/06 , SW846 M9060 SW846 M9060

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER CORP.
Project Number: 92130091
Field ID: BS-3-B 927562413
INORGANICS
Test Result EQL Dilution Units
Mercury 1.9 0.042 1 mg/Kg
Percent Solids 23.6 — 1 %
TOC as NPOC 160000 67000 1 mg/kg
All soil results are reported on a dry weight basis unless otherwise noted.
9 1241 Bellevue Street
Green Bay, WI 54302
920469-2436
Matrix Type : SOIL
Collection Date: 10/16/06
Report Date: 10/31/06
Lab Sample Number: 877399-008
Code Anl Date Prep Method AM Method
10/19/06 SW846 7471A SW846 7471A
10/19/06 SM M254OG SM M254OG
10/27/06 SW846 M9060 SW846 M9060

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER CORP.
Project Number: 92130091
Field ID : BS-2-A 927562397
9 1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type : SOIL
Collection Date : 10/16/06
Report Date : 10/31 /06
Lab Sample Number: 877399-009
INORGANICS
Test
Result EQL
Dilution
Units
Code An[ Date
Prep Method
Anl Method
Mercury
1.7 0.038
1
mg/Kg
10/19/06
SW846 7471A
SW846 7471A
Percent Solids
26.6 --
1
%
10/19/06
SM M254OG
SM M254OG
TOC as NPOC
71000 33000
1
mg/kg
10/30/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical
Services, Inc.
Analytical Report Number: 877399 1241 Bellevue Street
y P Green Bay, WI 54302
920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type : SOIL
Project Name : GLATFELTER CORP.
Collection Date : 10/16/06
Project Number: 92130091
Report Date : 10/31/06
Field ID : BS-1-A 927562389
Lab Sample Number: 877399-010
INORGANICS
Test Result EQL
Dilution
Units
Code AM Date Prep Method Anl Method
Mercury 1.2 0.037
1
mg/Kg
10/19/06 SW8467471A SW8467471A
Percent Solids 27.0 —
1
%
10/19/06 SM M254OG SM M2540G
TOC as NPOC 95000 45000
1
mg/kg
N 10/30/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Qualifier Codes
Flag Applies To Explanation
A Inorganic Analyte is detected in the method blank. Method blank criteria is evaluated to the laboratory method detection limit. Additionally,
method blank acceptance may be based on project specific criteria or determined from analyte concentrations in the sample and
are evaluated on a sample by sample basis.
B
Inorganic
The analyte has been detected between the method detection limit and the reporting limit.
B
Organic
Analyte is present in the method blank. Method blank criteria is evaluated to the laboratory method detection limit. Additionally,
method blank acceptance may be based on project specific criteria or determined from analyte concentrations in the sample and
are evaluated on a sample by sample basis.
C
All
Elevated detection limit.
D
All
Analyte value from diluted analysis or surrogate result not applicable due to sample dilution.
E
Inorganic
Estimated concentration due to matrix interferences. During the metals analysis the serial dilution failed to meet the established
control limits of 0-10%. The sample concentration is greater than 50 times the IDL for analysis done on the ICP or 100 times the
IDL for analysis done on the ICP-MS. The result was flagged with the E qualifier to indicate that a physical interference was
observed.
E
Organic
Analyte concentration exceeds calibration range.
F
Inorganic
Due to potential interferences for this analysis by Inductively Coupled Plasma techniques (SW-846 Method 6010), this analyte has
been confirmed by and reported from an alternate method.
F
Organic
Surrogate results outside control criteria.
G
All
The result is estimated because the concentration is less than the lowest calibration standard concentration utilized in the initial
calibration. The method detection limit is less than the reporting limit specified for this project.
H
All
Preservation, extraction or analysis performed past holding time. .
HF
Inorganic
This test is considered a field parameter, and the recommended holding time is 15 minutes from collection. The analysis was
performed in the laboratory beyond the recommended holding time.
J
All
Concentration detected equal to or greater than the method detection limit but less than the reporting limit.
K
Inorganic
Sample received unpreserved. Sample was either preserved at the time of receipt or at the time of sample preparation.
K
Organic
Detection limit may be elevated due to the presence of an unrequested analyte.
L
All
Elevated detection limit due to low sample volume.
M
Organic
Sample pH was greater than 2
N
All
Spiked sample recovery not within control limits.
O
Organic
Sample received overweight.
P
Organic
The relative percent difference between the two columns for detected concentrations was greater than 40%.
Q
All
The analyte has been detected between the limit of detection (LOD) and limit of quantitation (LOQ). The results are qualified due
to the uncertainty of analyte concentrations within this range.
S
Organic
The relative percent difference between quantitation and confirmation columns exceeds internal quality control criteria. Because
the result is unconfirmed, it has been reported as a non -detect with an elevated detection limit.
U
All
The analyte was not detected at or above the reporting limit.
V
All
Sample received with headspace.
W
All
A second aliquot of sample was analyzed from a container with headspace.
X
All
See Sample Narrative.
Z
Organics
This compound was separated in the check standard but it did not meet the resolution criteria as set forth in SW846.
&
All
Laboratory Control Spike recovery not within control limits.
All
Precision not within control limits.
+
Inorganic
The sample result is greater than four times the spike level: therefore, the percent recovery is not evaluated.
<
All
The analyte was not detected at or above the reporting limit.
1
Inorganic
Dissolved analyte or filtered analyte greater than total analyte; analyses passed QC based on precision criteria.
2
Inorganic
Dissolved analyte or filtered analyte greater than total analyte; analyses failed QC based on precision criteria.
3
Inorganic
BOD result is estimated due to the BOD blank exceeding the allowable oxygen depletion.
4
Inorganic
BOD duplicate precision not within control limits. Due to the 48 hour holding time for this test, it is not practical to reanalyze and
try to correct the deficiency.
5
Inorganic
BOD result is estimated due to insufficient oxygen depletion. Due to the 48 hour holding time for this test, it is not practical to
reanalyze and try to correct the deficiency.
6
Inorganic
BOD laboratory control sample not within control limits. Due to the 48 hour holding time for this test, it is not practical to reanalyze
and try to correct the deficiency.
7
Inorganic.
BOD result is estimated due to complete oxygen depletion. Due to the 48 hour holding time for this test, it is not practical to
reanalyze and try to correct the deficiency.

Pace Analytical Analysis Summary by Laboratory 1241 Bellevue Street
Services, Inc. Green Bay, WI 54302
J
J
J
J
co
J
J
J
J J
W
W
W
W
W
W
W
W
W W
(WO
(0O
(�O
w
f00
(0D
(WO
0
(D
0
0
Test Group Name
0
C>
0
w
0
0
0
w
0
0
0
o0
0
0
0 o'
MERCURY
B
B
B
B
B
B
B
B
B B
PERCENT SOLIDS
B
B
B
B
B
B
B
B
B B
TOC AS NPOC
K
K
K
K
K
K
K
K
K K
Code Facility Address NC Certification
B Green Bay Lab (Bellevue St) 1241 Bellevue Street, Suite 9 Not Certified
Green Bay, WI 54302
K Kimberly Laboratory 1090 Kennedy Ave. Not Certified
Kimberly, WI 54136

i-
30 Patewood Drive, Suite 100
Greenville, SC 29615-3535
Telephone [phone]
Fax [phone]
I I
I
OFF, C E 0 W E
l� DEC 1; 2006
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Sediment and Fish Tissue
Sampling Report
French Broad and Davidson Rivers in the Vicinity of
Pisgah Forest, North Carolina
P.H. Glatfelter Company
December 2006
RECEIVED
AFC 15 2006
,Aftivdll l a l 6 1 t I
9!/
Daryl J. i Robert W. Hanley, P .D.
Project Manager Client Service Manager
1: \WPGVL \ PJT \ 00-71708 \ 01 \ R007170801-00].DOC

Table of Contents
1. Introduction......................................................................................................................................1
2. Sampling Approach........................................................................................................................ 2
2.1 Fish Tissue Samples.............................................................................................................. 2
2.2 Sediment Samples................................................................................................................. 3
3. Results and Observations............................................................................................................... 5
3.1 Sediment Results and Observations................................................................................... 5
3.2 Fish Tissue Results and Observations................................................................................ 6
4. References......................................................................................................................................... 9
List of Tables
Table 1
Sediment Sample Locations in the Davidson and French Broad Rivers
Pisgah Forest, North Carolina .................... ............................................................ 3
Table 2
Average Mercury Concentrations in Davidson and French Broad Rivers
Pisgah Forest, North Carolina................................................................................ 6
Table 3
Whole Body Fish Tissue Samples from the Davidson and French Broad
Rivers Pisgah Forest, North Carolina.................................................................... 7
Table 4
Summary of State-wide and Regional Mercury Measurements in Fish
Tissue......................................................................................................................... 8
List of Appendices
Appendix A Sediment and Fish Tissue Sample Location Map — Figure 1
Appendix B Analytical Reports and Field Notes
Appendix C Fish Photograph
i
1: \WPGVL\ PIT\ 00-71708 \ 01 \ R007170801-001.DOC December 2006

Section 1
Introduction
RMT, Inc. (RMT) was contracted by P.H. Glatfelter Company (Glatfelter) to collect and analyze
fish tissue and sediment samples from the Davidson and French Broad Rivers in the vicinity of
Pisgah Forest, North Carolina. The purpose of this project was to provide a snapshot of current
mercury concentrations in fish tissue and sediments near a pulp and paper mill, formerly owned
by Glatfelter.
From 1948 until 1973, during the period when the facility was owned and operated by Olin
Corporation (Olin), the mill generated its own chlorine and caustic utilizing the mercury cell
variation of the chlor-alkali process. During this period, an undetermined amount of mercury
may have been discharged to the Davidson River through a wastewater discharge channel. The
production of chlorine and caustic ceased in 1973 when the mercury cell process was shut down
and removed by Olin.
1
1AwPGvt\PIT\00-71708\01\R007170801-007.Doc December 2006

Section 2
Sampling Approach
As part of this sampling effort, RMT and Glatfelter identified sampling locations that provided
the maximum amount of information on the mercury concentrations in the aquatic environment
around the mill. Sampling stations were selected, based on historical wastewater discharge
points for the mill to include an upstream area for background concentrations, areas directly
below discharges, and a farther -downstream location to assess the potential for downstream
impacts. Initially, five potential sampling areas were identified as:
1. One location in the French Broad River, below the City of Brevard wastewater treatment
plant (WWTP) discharge and above the confluence with the Davidson River;
2. One location in the Davidson River, near the confluence with the French Broad River and
downstream from historical chlor-alkali plant wastewater discharges;
3. One location in the French Broad River between the confluence with the Davidson River
and the aerated stabilization basin (ASB) wastewater discharge point;
4. One location in the French Broad River, directly below the ASB wastewater discharge
point; and
5. One location approximately a'/z mile downstream from the ASB wastewater discharge
point on the French Broad River.
These locations were then evaluated during a site reconnaissance by RMT and Glatfelter for the
potential to yield representative fish species and support collection of discrete sediment core
samples while minimizing vertical mixing of the sediments. Of these locations, four areas were
found to be adequate for both fish tissue and sediment sample collection. Due to the flow
regimes present, the area between the mouth of the Davidson River and the ASB wastewater
discharge point (location #3, above) did not have adequate sediment present for sampling and
was not included in the sampling program.
2.1 Fish Tissue Samples
The fish tissue collection efforts were performed by Shealy Environmental Services, Inc.
(Shealy), with RMT oversight. Fish tissue samples were collected from the four screening
locations on the Davidson and French Broad Rivers, as identified above (Locations #1, #2, #4,
and #5), and analyzed for mercury consistent with United States Environmental Protection Agency
(USEPA) Guidance for Assessing Chemical Contaminant Data for Use in Fish Advisories (USEPA,
1A WPGVL\ PIT% 00-71708N 01 \R007170801-00I.DOC December 2006

2000). Fish tissue collection was conducted in conjunction with RMT's sediment sampling
efforts described in Subsection 2.2.
At each screening site, one composite each of one bottom feeding fish species and one predator
fish species were collected. The individual fish making up each composite were packaged and
labeled, placed on ice, and shipped overnight to Brooks Rand Ltd. in Washington for analysis.
All tissue sample preparation was performed by Brooks Rand Ltd. Whole body composite
samples were analyzed for low level mercury using USEPA Method 1631 and methyl mercury
using USEPA Method 1630.
2.2 Sediment Samples
Sediment cores were collected by RMT using a modified WaterMark Universal Core Sediment
Sampler. Three sediment cores were collected from each sampling area on the Davidson and
French Broad Rivers, as identified above, within the extents of the areas where fish tissue
samples were collected. Table 1 presents sediment sample location information.
Table 1
Sediment Sample Locations in the Davidson and French Broad Rivers
Pisgah Forest, North Carolina
4SAMPLE
.� -
SAMPLE
ID'
SAMPLE'COORDINt1TES
S AMPLE x
,SAMP;I -
t LOCATION
DATE
NUMBER
NORTH EAST
LA ITUDE
LONGrrutml =
Davidson River
10/17/06
DR-I-SED1
567,392.7851
897,816.1298
35' 15' 09.6569"
82' 41' 33.9718"
10/17/06
DR-1-SED2
567,411.8642
897,845.5331
35° 15' 09.8563"
82° 41' 33.6261"
10/17/06
DR-1-SED3
567,407.8559
897,849.9978
35° 15' 09.8184"
82° 41' 33.5705"
French Broad River
10/18/06
FB-I-SED-1
567,102.8078
896,127.7496
35° 15' 06.1690"
82° 41' 54.1871"
— Upstream
10/18/06
FB-1-SED-2
567,058.8350
896,144.7885
35° 15' 05.7406"
82° 41' 53.9621"
10/18/06
FB-1-SED-3
567,046.7132
896,149.4855
35° 15' 05.6225"
82° 41' 53.9000"
French Broad River
10/18/06
FB-2-SED-1
566,852.3732
898,090.4770
35° 15' 04.4160"
82° 41' 30.4236"
— At ASB Discharge
10/18/06
FB-2-SED-2
566,838.6541
898,087.6868
35° 15' 04.2794"
82° 41' 30.4510"
10/18/06
FB-2-SED-3
566,788.6772
898,077.5226
35° 15' 03.7816"
82° 41' 30.5511"
French Broad River
10/18/06
FB-3-SED-1
565,649.9728
900,731.4486
35° 14' 53.5007"
82° 40' 58.0616"
— Downstream
10/18/06
FB-3-SED-2
565,637.9830
900,731.9441
35' 14' 53.3824"
82' 40' 58.0502"
10/18/06
FB-3-SED-3
565,580.0000
900,735.0000
35° 14' 52.8100"
82° 40' 57.9633"
1:\WPGVL\PIT%00-71708\01\R007170801-001.DOC December 2006

Each sediment core was divided into two depth intervals for analysis. The upper 4 inches of
each core was segregated into a sample to represent the sediment surface and the remaining
deeper interval of each core was segregated into a sample to represent the sediment subsurface.
This resulted in six samples (3 surficial and 3 deep) from each of the four river locations where
fish samples were collected, for a total of 24 samples. The sediment samples were prepared and
packaged for delivery to Pace Analytical Services, Inc. (Pace) in Asheville, North Carolina for
analysis. Each sample was analyzed by USEPA Method 7471-A for mercury, with a standard
detection limit of 0.05 mg/kg (dry weight basis). Each sample was also analyzed for percent
moisture and total organic carbon (TOC).
4
1: \WPGVL \ PJT\ 00-71708 \01 \ R007170801-007.DOC December 2006

Section 3
Results and Observations
The Davidson River is a classic trout water, exhibiting a riffle and pool complex with cold, clear water
and a gravel, cobble and boulder substrate. The Davidson River ranges in depth along the sampled
stretch from approximately 1-foot deep, to pools of greater than 6-feet deep. Sediment and fish tissue
sampling on the Davidson River was performed by wading. In the sampled stretch, the French Broad
River is calmer in appearance than the Davidson River, with large flat stretches between short sections of
riffles. The depth of the French Broad was not measured, but required a boat for sampling. These rivers
are both relatively fast -flowing rivers, with the Davidson River being the faster of the two.
3.1 Sediment Results and Observations
Sediment deposits were limited in both rivers, but especially so in the Davidson River. Typical sediment
deposits in the Davidson River were very sandy and not more than a few inches deep along sandbars
and in eddies. Where deeper sediments were encountered, distinct layers of organic material and sandy
material were observed. It is suspected that these layers are reflective of annual deposition cycles with
leaf debris depositing in the fall and sandy geological erosion materials being deposited year-round.
Not more than three layers of organic -rich sediment were observed in any sediment core. It is believed
that both rivers are periodically scoured by heavy rains and seasonal flows, which limit the sediment
record present.
Following sample collection, the coordinates of each sediment sample collection point and the upstream
and downstream extents for fish tissue sample collection were located by a registered land surveyor.
The exact coordinates for the sediment cores were presented previously in Table 1. This information was
overlaid on an aerial photograph (USGS March 15, 1998) of the site. Figure 1 in Appendix A depicts the
sediment sampling locations and the extents for fish tissue collection along each stretch of the two rivers.
Average mercury concentrations are summarized in Table 2 by location for surficial sediments, deep
sediments and the entire sediment profile. Individual sediment sample results are presented in
Appendix B, along with the laboratory analytical reports, field notes, and chain of custody forms.
These analytical results indicate that the mercury content of sediment samples from the Davidson and
French Broad Rivers are relatively low. The average mercury concentrations in sediments are below the
USEPA Region 4 Waste Management Division Sediment Screening Values for Hazardous Waste Sites
value of 0.13 mg/kg'. Only one individual sample, a shallow sediment sample collected in the French
1 USEPA. 2001. Supplemental Guidance to RAGS: Region 4 Bulletins, Ecological Risk Assessment. Table 3. Originally
published November 1995. Website version last updated November 30, 2001:
http://www.epa.gov/reaio114/waste/ots/ecolbul.htm. Downloaded November 28, 2006.
1: \ WPGVL \ PIT \ 00-71708 \ 01 \ R007170801-00I.DOC December 2006

Broad River upstream from the confluence of the Davidson River, which was collected as being
representative of background concentrations, was greater than the screening value at 0.19 mg/kg. The
average mercury concentration for all of the shallow sediment samples collected.at the upstream location
was 0.077 mg/kg dry weight.
Table 2
Average Mercury Concentrations in Davidson and French Broad Rivers
Pisgah Forest, North Carolina
'AVERAGE
".
.(,
tiAVERAGE
SAMPLE ,
SAMPLE
MER`CL iY
AVERAGE ; :
j LOCATION
TYPE
CONTENT'ERCENT
r + 'Ala
mK
r SOS IDS
m$�K� �t
Y�
���+
�°✓*
' 44. i �< x
!k,';2 .w t, hr [�.$. i �<.'.-w `S
y` ldy���}'
��y <t J'�U� 4 : ��-.�.a��
\d1�Awt1_3s1s-ter'
Davidson River
Surficial Sediment
0.054
61.4
37,300
Deep Sediment
0.066
58.9
68,267
Entire Sediments Profile
0.060
60.2
52,783
French Broad River
Surficial Sediment
0.077
52.7
14,400
Deep Sediment
0.050
50.5
27,333
— Upstream
Entire Sediments Profile
0.063
51.6
20,867
French Broad River
Surficial Sediment
0.019
72.5
6,777
Deep Sediment
0.012
72.7
1,680
— At ASB Discharge
Entire Sediments Profile
0.015
72.6
4,228
French Broad River
Shallow Sediment
0.017
67.3
10,633
Deep Sediment
0.021
65.2
12,233
— Downstream
All Sediments
0.019
66.3
11,433
It was observed that the mercury content of the sediment samples correlated to the TOC content of the
samples, with relatively higher mercury concentrations correlated with increasing TOC. This result is
expected, considering that mercury preferentially adsorbs to organic materials.
3.2 Fish Tissue Results and Observations
The whole body fish tissue sample results are presented in Table 3. The highest concentrations were
observed in the fish caught in the vicinity of the discharge point of the ASB treatment system. Both the
predator (largemouth bass) and bottom feeder (carp) species had monomethylmercury concentrations
greater than the USEPA Ambient Water Quality Criterion for the protection of human health
concentration of 0.30 mg methylmercury/kg of fish tissue' The largemouth bass monomethylmercury
concentration was 1.85 mg/kg (wet weight), while the carp concentration was 0.339 mg/kg (wet weight).
2 USEPA. 2001. Water Quality Criterion for the Protection of Human Health: Methylmercury. EPA-823-R-01-001.
USEPA Office of Science and Technology, Office of Water. Washington, DC.
http://www.epa.gov/waterscience/criteria/methylmercury/document.html Downloaded November 28, 2006.
6
1. \WPGVL \ PIT \ 00-71708 \ 01 \ R00717080I-001.DOC December 2006

It should be noted that these concentrations are for whole body tissue samples, including organs, bone
and skin, which are not typically consumed by humans.
Table 3
Whole Body Fish Tissue Samples from the Davidson and French Broad Rivers
Pisgah Forest, North Carolina
i r
�
r*
MERCURY
MONOMET�IYL'
z K
'
r
4}
x
SAMPLE
14,
MERCURX
SAMPLE k
r
w ID
4#SSUE
TI
x FISHTISSUE'
LQCATION'
DATE r
NL)MBER
Y, TYPE
F
>sig/kg
Wt)
4(wet
Davidson River
10/17/06
DR-1-F-COMPA-1
Brown Trout (Stocked)
0.0183
0.0095
10/17/06
DR-1-F-COMPA-2
Brook Trout (Native)
0.3
0.259
10/17/06
DR-1-F-COMPB
Northern Hogs Head Sucker
0.187
0.154
French Broad River
10/18/06
FB-I-COMPA
Blue Gill
0.123
0.094
— Upstream
10/18/06
FB-I-COMPB
Carp
0.254
0.111
French Broad River
10/18/06
FB-2-COMPA
Largemouth Bass
1.97
1.85
— At ASB Discharge
16/18/06
FB-2-COMPB
Carp
0.609
0.339
French Broad River
10/18/06
FB-3-COMPA
Blue Gill
0.265
0.204
— Downstream
10/18/06
FB-3-COMPB
Carp
0.228
0.135
In the fish caught at the ASB discharge site, the total mercury concentrations were 1.97 mg/kg and
0.609 mg/kg for the largemouth bass and carp, respectively. These concentrations are comparable to
both statewide and regional mercury concentrations documented in the literature, some of which are
presented in Table 4. However, the majority of the information available for regional and national
surveys is based on fish tissue fillets, rather than whole body samples. While correlations are difficult to
predict, it is expected that mercury concentration in fillets are generally lower than in whole -body .
samples due to the inclusion of the internal organs which preferentially accumulate mercury at a higher
rate than the muscle tissue of the fillet.
Mercury has a tendency to bioaccumulate and biomagnify in the food web. The largemouth bass was an
unusually large single fish, not typical for this water body, measuring 22 inches and weighing 8 pounds.
Based on the size of the fish and the scars and damage visible on this fish, particularly on the bottom of
the caudal fin, it was an old individual. A photograph of this fish is included in Appendix C.
It was observed that the two trout species caught in the Davidson River had significantly different
mercury concentrations. This observation was not unexpected considering the brown trout was believed
to be stocked in the river by sport fishing outfitters who lease property along the river for guided fishing
tours. The brook trout were believed to be native to the river, since the outfitters have no record of
having stocked brook trout. The brown trout was a single individual fish, of approximately 22 inches.
The brook trout composite consisted of two individual fish, one of approximately 12 to 14 inches, which
is large for the species, and the other smaller, at approximately 8 inches. A stocked trout would be
7
1: \WPGVL \ PIT \ 00-72708 % \ R007170801-00I.DOC December 2006

expected to have a lower lifetime mercury exposure since is would be fed prepared, processed feedstock,
rather than feeding on lower-trophic organisms in the natural food web.
The mercury concentrations in bluegill and carp tissue samples from the French Broad River both
upstream and downstream of the ASB discharge are relatively similar and within the range of
concentrations observed in the national mercury survey data presented in Table 4. Based on the limited
number of samples, the results do not indicate a significant difference in mercury concentrations
between background and the downstream samples. There was no observed correlation between
mercury concentrations in the sediments and mercury concentrations in fish tissues.
Table 4
Summary of State-wide and Regional Mercury Measurements in Fish Tissue
s STTE
MIN
MAX
MEALY
MEDIAN
n
SOURCE
x' NOTES
State-wide
Nat'l Hg Survey, NC
0.020
3.600
0.532
0.390
1327
USEPA,1990-
Large mouth bass,
— LM Bass
1995
com osite sam les
Nat'l Hg Survey, NC
0.020
0.780
0.186
0.160
304
USEPA, 1990-
Bluegill sunfish, composite
— Blue ill
1995
samples
Regional
USGS, Santee River Basin
0.471
1.803
0.803
0.572
5
USGS Pilot
Large mouth bass, fillets
only
Study, 2001
USGS, South Florida Basin
0.37
4.22
1.35
0.74
6
USGS Pilot
Large mouth bass, fillets
only
Study, 2001
Soil Erosion Lake, GA
0.59
1.33
0.87
0.83
7
USGS, 1999
Large mouth bass, fillets
Gordon Lake, GA
0.08
0.53
1 0.23
1 0.22
8
USGS, 1999
Large mouth bass, fillets
Lower Leitner Lake, GA
0.54
0.95
0.74
1 0.72
10
USGS, 1999
Large mouth bass, fillets
l:\WPGVL\PIT\00-77708\01\R007170801-001.DOC December 2006

Section 4
References
Brumbaugh, W. G., et. al. 2001. A National Pilot Study of Mercury Contamination of Aquatic
Ecosystems Along Multiple Gradients: Bioaccumulation in Fish, USGS/BDR/BSR-2001-0009,
iii and 25pp.
Gregory, M.B., T.C. Stamey, and J.B. Wellborn. 2001. Ecological Characterization of Streams and
Fish -Tissue Analysis for Mercury and Lead at Selected Locations, Fort Gordon, Georgia, June
1999-May 2000. USGS Open File Report 01-203.
USEPA. 1999. The National Survey of Mercury Concentrations in Fish, Data Base Summary, 1990-1995.-
USEPA. 2001. Supplemental Guidance to RAGS: Region 4 Bulletins, Ecological Risk Assessment.
Table 3. Originally published November 1995. Website version last updated November 30, 2001:
http://www.epa.gov/region4/ivaste/ots/ecolbul.htm. Downloaded November 28, 2006.
USEPA. 2001. Water Quality Criterion for the Protection of Human Health: Methylmercury.
EPA-823-R-01-001. US EPA Office of Science and Technology, Office of Water. Washington, DC.
httU://www.el2a.gov/waterscience/criteria/methylmercurv/document.htmI Downloaded
November 28, 2006.
9
l: \ WPGVL \ PJT \ 00-71708 \ 01 \ R007170801-007.DOC December 2006

1
Anal
1. \WPGVL \ P/T \ 00-71708 \01 \ R007170801-001.DOC
Appendix B
ical Reports and Field Notes
B-1
December 2006

aceAnalytical
www,pacelabs.com
October 31, 2006
Mr. D.M. Cody
Glatfelter. Corp.
214 Camelot Dr.
Clyde: NC 28721
Pace Analytical Services, Inc.
9800 Kincey ilvenue, Suite 100
Huntersville, NC 28078
Phone: [phone]
Fax., 704.875.9091
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Fax., 828.252.4618
RE: Lab Project Number: 92130169
Client Project ID: Sediment Project TOCs/HG
Dear Mr. Cody:
Enclosed are the analytical results for sample(s) received by the laboratory October 17. 2006through October 18.
2006 Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise
narrated in the body of the report.
Inorganic Wet Chemistry and Metals_ Analyses were performed at our Pace Asheville. I aboratory and Organic testing
was performed at our Pace Charlotte laboratory unless otherwise footnoted.
If you have any questions concerning this report, please feel free to contact me.
yinceon.
[e-mail]
[phone]
Project Manager
Enclosures
Asheville Certification IDs
NC Wastewater 40
NC Drinking Water 37712
Sc 99030
FL NELAP E87648
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.
o a �crogo
;Helms
Charlotte Certification IDs
NC Wastewater 12
NC Drinking Water 37706
SC 99006
FL NELAP E87627

Subcontracted Results
Pace Project #
qa 1301 6Q
This report* includes
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CHAIN -OF -CUSTODY I Analtical Request Document
The Chain -of -Custody Is a LEGAL DOCUMENT. All relevant fields Must be completed accurately.
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The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
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46527-
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® 1241 Bellevue Street, Suite 9
I�AceAffllydcal Green Bay, WI W02
920-469-2436, Far. 920-469-8827
Analytical Report Number: 877399
Client: PACE ANALYTICAL SERVICES, INC. Lab Contact- Brian Basten
Project Name: GLATFELTER CORP.
Project Number: 92130169
Lab Sample
Collection
Number
Feld ID
Matrix
Date
877416-001
DR-I-SED1A 927567313
SOIL
10/17/06
877416-002
DRA-SED1B927567321
SOIL
10/17/06
877416-003
DR-1SED2A 927567339
SOIL
10/17/06
877416-004
DR-1-SED28 927567347
SOIL
10/17/06
877416-005
DR-1-SED3A 927567354
SOIL
10/17/06
877416-006
DR-1SED3B 927567362
SOIL
10/17/06
877493-001
FB-3SED-1A 927673287
SOIL
10/18/0614:30
877493-002
FB-3SED-1 B 927573295
SOIL
10/18/0614:30
877493-003
1713-3SED-2A 927573303
SOIL.
10/18/0614:35
877493-D04
FB-3SED-26 927573311
SOIL
10/18/0614:35
877493-005
FB-3SED-3A 927SM337
SOIL
10/1810814:40
877493-006
F13-3SED-013 927673345
SOIL
10/1W0614:40
877493-007
FB-33ADUP 927573352
SOIL
10/18/06
877493-008
FB-32BDUP 927573360
SOIL
10/18/06
877493-009
FB-2SED-1A 927573196
SOIL
10/18/0612:35
877493-010
FB-2SED-16 927573212
SOIL
10/18/0512:35
877493-011
FB-2SED-2A 927573220
SOIL
1011810612:45
877493-012
FB-2SED 2B 927573246
SOIL
10/18/0612:45
877493-013
FB-2SED-3A 927573253
SOIL
1011810613:00
877493-014
FB-2-SED-3B 927573261
SOIL
10/18/0613:00
877493-015
FB-1SED-1A 927573113
SOIL
10/18/0610:45
877493-016
FB-1SED-1B927573121
SOIL
10/18/0610.45
877493-017
FB-1SED-2A 927573139
SOIL
10/1810610:65
877493-018
FB-1-SED-2B 927573154
SOIL
10/1810610:55
877493-019
FB-1-SED-3A 927573162
SOIL
10/18/0611:05
877493-020
FB-1SED-3B927573188
SOIL
10/1810611:05
1 certify that the data contained in this Final Report has been generated and reviewed in accordance with approved methods and
Laboratory Standard Operating Procedure. Exceptions, if any, are discussed In the accompanying sample comments. Release of this final
report is authorized by Laboratory management, as Is verified by the following signature. This report shall not be reproduced, except in
full, without the written consent of Pace Analytical Services, Inc. The sample results relate only to the analytes of interest tested.
AP pr a Signature Date

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER CORP.
Project Number: 92130169
Field ID : DR-I-SED1A 927567313
INORGANICS
Test
Result EQL
Dilution
Units
Mercury
0.084 0.020
1
mg/Kg
Percent Solids
49.4 —
1
%
TOC as NPOC
95000 75000
1
mg/kg
All soil results are reported on a dry weight basis unless otherwise noted.
9 1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type: SOIL
Collection Date: 10/17/06
Report Date: 10/31/06
Lab Sample Number: 877416-001
Code AM Date
Prep Method
AM Method
A 10/19/06
- SW846 7471A
SW846 7471A
10/19/06
SM M254OG
SM M254OG
10/30/06
SW846 M9060
. SW846 M9060

...
v
Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name : GLATFELTER CORP.
Project Number : 92130169
Field ID: DR-I-SED1B 927567321
9 1241 Bellevue Street
Green Bay, Wl 54302
920-469-2436
Matrix Type : SOIL
Collection Date: 10/17/06
Report Date: 10/31/06
Lab Sample Number: 877416-002
INORGANICS
Test
Result EQL
Dilution Units
Code AM Date
Prep Method
An[ Method
Mercury
0.12 0.026
1 mg/Kg
A 10/19/06
SW846 7471A
SW846 7471A
Percent Solids
38.9 --
1 %
10/19/06
SM M254OG
SM M2540G
TOC as NPOC
180000 83000
1 mg/kg
10/30/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 877399
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER CORP.
Project Number : 92130169
Field ID: DR-1-SED2A 927567339
1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type: SOIL
Collection Date : 10/17/06
Report Date : 10/31/06
Lab Sample Number: 87741"03
INORGANICS
Test
Result EQL
Dilution Units
Code Anl Date
Prep Method
Anl Method
Mercury
0.061 0.016
1 mg/Kg
A 10/19/06
SW846 7471A
SW846 7471A
Percent Solids
62.7 —
1 %
10/19/06
SM M2540G
SM M2540G
TOC as NPOC
15000 5200
1 mg/kg
10/30/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted. .

Pace Analytical Analytical Report Number: 87739
Services, Inc.
r Client: PACE ANALYTICAL SERVICES, INC.
1 Project Name : GLATFELTER CORP.
Project Number: 92130169
Field ID : DR-I-SED2B 927567347
9 1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type : SOIL
Collection Date: 10/17106
Report Date : 10/31/06
Lab Sample Number: 877416-004
INORGANICS
Test
Result EQL
Dilution
Units
Code Anl Date
Prep Method
Anl Method
Mercury
0.064 0.015
1
mg/Kg
A 10/19/06
SW846 7471A
SW846 7471A
Percent Solids
66.8 —
1
%
10/19/06
SM M254OG
SM M254OG
TOC as NPOC
22000 11000
1
mg/kg
10/30/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Anal cal Re ort Number: 877399 1241 Bellevue Street
yti p Green Bay, WI 54302
Services, Inc.
920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type : SOIL
Project Name: GLATFELTER
Collection Date: 10/18/06
Project Number : 92130169
Report Date: 10/31/06
Fleld ID : FB-I-SED-ZA 927573139
Lab Sample Number : 877493-017
INORGANICS
Test Result EQL
Dilution
Units
Code AM Date Prep Method • Anl Method
Mercury 0.034 0.025
1
mg/Kg
10/23/06 SW846 7471A SW846 7471A
Percent Solids 39.4 —
1
%
10/21/06 SM W54OG SM M264OG
TOG as NPOC 20000 6600
1
mglkg
10/27/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name : GLATFELTER
Project Number: 92130169
Field ID: FB-I-SED-2B 927573154
9 1241 Bellevue Street
Green Bay, WI 54302
.920-469-2436
Matrix Type : SOIL
Collection Date : 10/18/06
ReportDate : 10/31/06
Lab Sample Number; 877493-018
INORGANICS
Test
Result EQL
Dilution
Units
Code Anl Date
Prep Method
Anl Method
Mercury
0.049 0.029
1
mg/Kg
10/23/06
SW8467471A
SW8467471A
Percent Solids
35.0 —
1
%
10/21/06
SM M2540G
SM M254OG
TOC as NPOC
49000 17000
1
mg/kg
10/27/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical !Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER
Project Number: 92130169
Field ID: FB-I-SED-3A 927673162
INORGANICS
Test Result EQL
Dilution
Units
Mercury 0.19 0.020
1
mg/Kg
Percent Solids 50.3 —
1
%
TOC as NPOC 18000 13000
1
mg/kg
AD soil results are reported on a dry weight basis unless otherwise noted.
1241 Bellevue Street
Green Bay, WI 54302
920-469-2436
Matrix Type : SOIL
Collection Date: 10/18/06
Report Date: 10/31/06
Lab Sample Number: 877493-019
Code Anl Date
Prep Method
AN Method
10/23/06
SW8467471A
SW8467471A
10f21/06
SM M254OG
SM M254OG
10/27/06
SW846 M9060
SW846 M9060

Pace Analytical 1241 Bellevue street
Y Analytical Report Number: 877399 Green Bay, WI64302
Services, Inc. 920-469-2436
Client : PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name : GLATFELTER Collection Date: 10/18/06
Project Number : 92130169 ReportDate : 10/31/06
Feld ID: FB-ISED-3B 927573188 Lab Sample Number: 877493-020
INORGANICS
Test Result ECIL Dilution Units Code Anl Date Prep Method Anl Method
Mercury 0.038 0.017 1 mg/Kg
Percent Solids 59.3 -- 1 %
TOC as NPOC 15000 5400 1 mg/kg
All soil results are reported on a dry weight basis unless otherwise noted.
10/23/06 SW8467471A SW8467471A
10/21/06 SM M264OG SM M254OG
10/27/06 SW846 M9060 SW846 M9060

Pace Analytical 1241 Bellevue Street
Y Analytical Report Number: 877399 Green Bay,. W154302
Services, Inc.
920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type: SOIL
Project Name : GLATFELTER
Collection Date: 10/18/06
Project Number: 92130169
Report Date : 10/31/06
Field ID : FB-2-SED-1A 927573196
Lab Sample Number: 877493-009
INORGANICS
Test Result EQL
Dilution
Units
Code AnI Date Prep Method Ani Method
Mercury 0.015 0.013
1
mg/Kg
10/23/06 SW846 7471A SW846 7471A
Percent Solids 74.8 —
1
%
10/21/06 SM M2540G SM M254OG
TOC as NPOC 1800 1100
1
mg/kg
10126/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical 1241 Bellevue Street
yti Analytical Report Number: 877399 Green Bay, WI 54302
Services, Inc. 920-A69-2436
Client: PACE ANALYTICAL SERVICES, INC_ Matrix Type : SOIL
Project Name : GLATFELTER Collection Date: 10/18106
Project Number: 92130169 ReportDate : 10/31/06
Field ID : FB-2SED-1 B 927573212 Lab Sample Number: 877493-010
INORGANICS
Test Result EQL Dilution Units Code Ani Date Prep Method Ant Method
Mercury. 0.022 0.015 1 mg/Kg 10/23/06 SW846 7471A SW846 7471A
Percent Solids 68.5 — 1 % 10/21/06 SM M2540G SM M254OG
TOC as NPOC 2300 790 1 mg/kg 10/26/06 SWB46 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical,
Services, Inc.
Analytical Report Number: 677399 GreenBlay WI54302
920469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type: SOIL
Project Name : GLATFELTER
Collection Date: 10/18/06
Project Number : 92130169
Report Date : 10/31/05
Field ID: FB-2-SED-2A 927573220
Lab Sample Number: 877493-011
INORGANICS
Test Result EQL
Dilution
Units
Code AM Date Prep Method AM Method
Mercury < 0.013 0.013
1
mg[Kg
10/23/06 SW846 7471A SW846 7471A
Percent Solids 75.2 —
1
%
1021106 SM M254OG SM M2540G
TOC as NPOC 530 490
1
mg/kg
1026106 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report (dumber: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC_
Project Name: GLATFELTER
Project Number: 92130169 -
Field ID : FB-2-SED-2B 927573246
9 1241 Bellevue Street
Green Bay, W154302
920-469-2436
Matrix Type : SOIL
Collection Date : 10/18/06
ReportDate : 10/31/06
Lab Sample Number: 877493-012
INORGANICS
Test
Result EQL
Dilution
Units
Code Anl Date
Prep Method
Anl Method
Mercury
< 0.013 0.013
1
mg/Kg
10/23/06
SW8467471A
SW8467471A
Percent Solids
76.4 --
1
%
10/21/06
SM M254OG
SM M254OG
TOC as NPOC
540 500
1
mg/kg
10/26/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 87739
Services, Inc.
Client: PACE ANALYTICAL SERVICES, INC.
Project Name: GLATFELTER
Project Number: 92130169
Field ID: FB-2-SED-3A 927573253
9 1241 Bellevue Street
Green Bay, W154302
920-469-2436
Matrix Type : SOIL
Collection Date : 10/18/06
Report Date: 10131/06
Lab Sample Number: 877493-013
INORGANICS
Test
Result EQL
Dilution Units
Code AN Date
Prep Method
-AM Method
Mercury
0.034 0.015
1 mg/Kg
10/23/06
SWB467471A
SWM7471A
Percent Solids
67.4 —
1 %
1021/06
SM M254OG
SM M254OG
TOC as NPOC
18000 11000
1 mg/kg
1026/06
SW846 M9060
SW846 M9060
M soil results are reported on a dry weight basis unless otherwise noted.

Pace.Analytical Anal tical Re Report Number: 877399 1241 Bellevue Street
y p Green Bay, WI 54302
Services, Inc. 920-169-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name: GLATFELTER Collection Date: 10/18/06
Project Number : 92130169 . Report Data: 10/31/06
Field ID., FB-2-SED-313927573261 Lab Sample Number: 877493-014
INORGANICS
Test Result EQL Dilution Units Code AM Date Prep Method AM Method
Mercury < 0.014 0.014 1 mg/Kg 10/23/06 SW8467471A SW8467471A
Percent Solids 73.3 — 1 % 10/21/06 SM M254OG SM M254OG
TOC as NPOC 2200 1000 1 mg/kg 10/26/06 SW846 M9060 SW846 M9060
At soil results are reported on a dry weight basis unless otherwise noted.

Analytical Report Number: 771241 Bellevue Street
Pace Analytical RNb8399 P Green Bay, WI 54302
Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name : GLATFELTER Collection Date: 10/18/06
Project Number : 92130169 Report Date: 10/31/06
Field ID: F&3-SED-1A 927573287 Lab Sample Number: 877493-001
INORGANICS
Test
Result EQL
Dilution - Units
Code Anl Date
Prep Method
Anl Method
Mercury
0.023 0.015
1 mg/Kg
10/23/06
SW846 7471A
SW846 7471A
Percent Solids
65.4 —
1 %
10/21/06
SM M254OG
SM M254OG
TOO as NPOC
22000 7800
1 mg/kg
10/26/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Analytical Report Number: 877399 Green Bellevue
W Street54302
Services, Inc. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name: GI.ATFELTER Collection Date : 10/18/06
Project Number : 92130169 Report Date: 10/31/06
Field ID : FB-3-SED-1B 927673295 Lab Sample Number: 877493-002
INORGANICS
Test Result EQL Dilution Units Code Anl Date Prep Method Anl Method
Mercury 0.032 0.017 1 mg/Kg 10/23/06 SW846 7471A SW846 7471A
Percent Solids 58.9 — 1 % 10/21/06 SM M254OG SM M254OG
TOC as NPOC 22000 11000 1 mg/kg 10/26/06 SW846 M9060 SW846 M9060
AU soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical 1241 Bellevue Street
yt Analytical Report Number: 877399 Green Bay, WI 54302
Services, Inc. 920-469-2436
Client : PACE ANALYTICAL SERVICES, INC. Matrix Type: SOIL
Project Name: GLATFELTER Collection Date : 10/16/06
Project Number; M30169 Report Date : 10/31/06
Field ID : FB-3-SED-2A 927573303 Lab Sample Number: 877493-003
INORGANICS
Test Result EQL Dilution Units Code Ant Date Prep Method An[ Method
Mercury < 0.013 0.013 1 mg/Kg
Percent Solids 74.3 — 1 %
TOG as NPOC 3300 1400 1 mglkg
All soil results are reported on a dry weight basis unless otherwise noted.
10/23106 SW846 7471A SW846 7471A
10/21/06 SM M254OG SM M254OG
N 10/26/06 SW846 M9060 SW846 M9060

Pace Analytical
Services, Inc.
Analytical Report Number: 877399 1241ellevue Street
Green Bay, WI 54302
920.469-2436
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name : GLATFELTER Collection Date:. 10/18/06
Project Number: 92130169 Report Date : 10/31/06
Field ID : FB-3-SED-2B 927573311 Lab Sample Number: 877493-004
INORGANICS
Test Result EQL Dilution Units Code Anl Date Prep Method AN Method
Mercury < 0.013 0.013 1 mg/Kg 10/23/06 SW8467471A SW8467471A
Percent Solids 74.5 — 1 % 10/21/06 SM M254OG SM M254OG
TOC as NPOC 1700 1700 1 mgikg 10/26/06 SW846 M9060 SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.

P-1
L
Pace Analytical 1241 Bellevue Street
Y Analytical Report Number: 877399 Green Bay, WI 54302
Services, Inc.
920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type: SOIL
Project Name: GLATFELTER
Collection Date: 10/18/05
Project Number: 92130169
Report Date : 10/31106
Field ID: FB-3-SED-3A 927573337
Lab Sample Number: 877493-005
INORGANICS
Test Result EQL
Dilution
Units
Code Anl Date Prep Method Ant Method
Mercury 0.022 0.016
1
mg/Kg
10/23/06 SW8467471A SW8467471A
Percent Solids 62.3 --
1
%
10/21/06 SM M254OG SM M2540G
TOC as NPOC 6600 5800
1
mg/kg
N 10/2M6 SWB46 M9060 SW846 M9060
Al soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical. 1241 Bellevue Street
Y Analytical Report Number: 877399 WI 54302
Services, Inc.
Green Bay,
920-469-2436
-�
Client : PACE ANALYTICAL SERVICES, INC.
Matrix Type : SOIL
Project Name: GLATFELTER
Collection Date: 10/18/06
Project Number: 92130169
ReportDate : 10/31M6
Field ID : 1713-3-SED-313927573345
Lab Sample Number: 877493-006
INORGANICS
Test Result EQL
Dilution
Units
Code Ani Date Prep Method Anl Method
Mercury 0.024 0.016
1
mg/Kg
10/23/06 SW8467471A SW8467471A
Percent Solids 62.2 —
1
%
10/21/06 SM M254OG SM M254OG
TOC as NPOC 13000 10000
1
mg/kg
10/26/06 SW846 M9060 SW846 M9060
I
AP soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Anal tical Re Report Number: 877399 1241 Bellevue Street
Y p vw 54302
Services, Inc.
Green Bay,
. 920-469-2436
Client: PACE ANALYTICAL SERVICES, INC.
Matrix Type: SOIL
Project Name: GLATFELTER
Collection Date: 10/18/06
Project Number: 92130169
Report pate : 10/31/06
Field 1D : FB-33ADUP 927573352
Lab Sample Number: 877493-007
INORGANICS
Test Result EQL
Dilution
Units
Code AM Date Prep Method Anl Method
Mercury 0.022 0.015
1
mg/Kg
10/23/06 SW846 7471A SWB46 7471A
Percent Solids 67.3 --
1
%
10/21/06 SM M2540G SM M254OG
TOC as NPOC 8900 5300
1
mg/kg
10/26/06 SW846 M9060 SW846 M9060
a
AO soil results are reported on a dry weight basis unless otherwise noted.

Pace Analytical Anal cal Re Report Number: 877399 1241 Bellevue street
Services, Inc. p 20.469-24 6Green Bay, 154302
Client: PACE ANALYTICAL SERVICES, INC. Matrix Type : SOIL
Project Name : GLATFELTER Collection Date: 10/18/06
Project Number: 92130169 Report Date: 10/31/06
Fleld ID : FB-32BDUP 927573360 Lab Sample Number: 877493-008
INORGANICS
Test
Result EQL
Dilution
Units
Code Anl Date
Prep Method
Anl Method
Mercury
0.037 0.019
1
mg/Kg
10/23/06
SW846 7471A
SW846 7471A
Percent Solids
53.7
1
%
10/21/06
SM M254OG
SM M254OG
TOC as NPOC
25000 17000
1
mg/kg
10/26/06
SW846 M9060
SW846 M9060
All soil results are reported on a dry weight basis unless otherwise noted.
1

Qualifier Codes
Flag Applies To
Explanation
A
Inorganic
Analyte is detected in the method blank. Method blank criteria Is evaluated to the laboratory method detection limit Additionally,
method blank acceptance may be based on project specific criteria or determined from analyte concentrations in the sample and
are evaluated on a sample by sample basis.
B
Inorganic
The analyte has been detected between the method detection limit and the reporting Omit.
.8
Organic
Analyte is present in the method blank. Method blank criteria is evaluated to the laboratory method detection limit. Additionally,
method blank acceptance may be based on project specific criteria or determined from analyte concentrations in the sample and
are evaluated on a sample by sample basis.
C
All
Elevated detection limit.
D
Ail
Analyte value from diluted analysis or surrogate result not applicable due to sample dilution.
E
Inorganic
Estimated concentration due to matrix Interferences. During the metals analysis the serial dilution failed to meet the established
control limits of 0-10%. The sample concentration is greater than 50 times the iDL for analysis done on the ICP or 100 tunes the
IDL for analysis done on the ICP-MS. The result was flagged with the E qualifier to indicate that a physical interference was
observed.
E
Organic
Analyte concentration exceeds calibration range.
F
Inorganic
Due to potential interferences for this analysis by Inductively Coupled Plasma techniques (SW-846 Method 6010), this analyte has
r
been confirmed by and reported from an alternate method.
F
Organic
Surrogate results outside control criteria.
G
All
The result is estimated because the concentration is less than the lowest calibration standard concentration utilized in the initial
calibration. The method detection limit is less than the reporting limit specified for this project.
H
Aft
Preservation, extraction or analysis performed past holding time.
HF
Inorganic
This test Is considered a field parameter, and the recommended holding time is 15 minutes from collection. The analysis was
"
performed in the laboratory beyond the recommended holding time.
J
Ali
Concentration detected equal to or greater than the method detection limit but less than the reporting limit.
K
Inorganic
Sample received unpreserved. Sample was either preserved at the time of receipt or at the time of sample preparation.
K
Organic
Detection Omit may be elevated due to the presence of an unrequested analyte.
L
All
Elevated detection limit due to low sample volume.
M
Organic
Sample pH was greater than 2
N
All
Spiked sample recovery not within control limits.
O
Organic
Sample received overweight
P
Organic
The relative percent difference between the two columns for detected concentrations was greater than 40%.
Q
All
The analyte has been detected between the limit of detection (LOD) and limit of quantitation (LOQ). The results are quaffed due
to the uncertainty of analyte concentrations within this range.
S
Organic
The relative percent difference between quantitation and confirmation columns exceeds internal qualitycontrol criteria_ Because
the result is unconfirmed, it has been reported as a non -detect with an elevated detection limit
U
All
The analyte was not detected at or above the reporting limit.
V
All
Sample received with headspace.
W
All
A second aliquot of sample was analyzed from a container with headspaos. .
X
All
See Sample Narrative.
Z
Organics
This compound was separated in the check standard but it did not meet the resolution criteria asset forth in SW846.
&
All
Laboratory Control Spike recovery not within control limits.
° -
All
Precision not within control limits.
+
Inorganic
The sample result is greater than four times the spike level: therefore, the percent recovery is not evaluated.
<
All
The analyte was not detected at or above the reporting limit
1
Inorganic
Dissolved analyte or filtered analyte greater than total analyte; analyses passed QC based on precision criteria.
2
Inorganic
Dissolved analyte or filtered analyte greater than total analyte, analyses failed QC based on precision criteria.
3
inorganic
BOD result is estimated due to the BOD blank exceeding the allowable oxygen depletion.
4
Inorganic
BOD duplicate precision not within control limits. Due to the 48 hour holding time for this test, it is not practical to reanalyze and
try to correct the deficiency.
5
Inorganic
BOD result is estimated due to insufficient oxygen depletion. Due to the 48 hour holding time for this test, it is not practical to
reanalyze and try to correct the deficiency.
6
Inorganic
BOD laboratory control sample not within control limits. Due to the 48 hour holding time for this test, it is not practical to reanalyze
and try to correct the deficiency.
7
Inorganic
BOD result is estimated due to complete oxygen depletion. Due to the 48 hour holding time for this test, it is not practical to
reanalyze and try to correct the deficiency.

Pace Analytical
Services, Inca
Lab Plumber TestGrouplD Field ID Comment
1241 Bellevue Street
Green Bay, WI 54302
920A69-2436
Fax:[phone]
877416- M-HG-S All Samples A - Analyte is detected in the method blank at a concentration of-0.0017 mg/Kg.

877493-020
m
m Y
d M
877493-019
m
m Y
y ;
877493-018
m
m x
m
877493-017
m
m Y
m
877493-016
m
m Y
c
N
877493-015
m
m Y
877493-014
m
m x
877493-013
m
co Y
877493-012
m
m Y
877493-011
m
m Y
877493-010
CO
m Y
877493-009
m
m Y
0
877493.008
m
m x
877493-007
00
m Y
C
m877493-006
m
m x
J
877493-005
m
m Y
877493-004
m
m Y
�+
877493-003
m
m Y
E
877493-002
m
m Y-
E
877493-001
m
m Y
(/)
O
877416-006
m
m
Y
N
877416-005
m
m NC.N
?%
877416-004
m
m Y
C
877416-003
10
m Y
Q
877416-002
m
m Y
877416-001to
m
m Y
E
ca
QN
z
U) a
z
_v
v
V
U S
eE. d
y
w
w 0
2
a f-
rn
r
Co c
cn
n
CD 010
Q No O2
m
a�
� o
m o
.o
>ce
J
mc CD
=
m E
L 2
v
U m
Y

BR04KSRAND
TRACE ty nMANALYSLS&PRODUQ5
November 15, 2006
Pace Analytical
Attn.: Lori Patton
2225 Riverside Drive
Ashville, NC 28804
RE: Brooks Rand Project: PAC004; Tracking #: 06BR1664 & 06BR1685
Project Number: 92130167; Purchase Order. AS5618
Dear Ms. Patton,
Three fish samples, collected on October 17, were received by Brooks Rand LLC (BRL)
on October 18, 2006 in a cooler with ice at a temperature of 2.4 °C Upon .receipt these
samples were assigned the BRL internal tracking number 06BR1664. Six more fish
samples, also collected on October 18, 2006, were received in two coolers with ice at
temperatures of -02 °C and 0.6 -C. These samples were assigned the internal tracking
number 06BR1685. The requested analyses listed on the chain of custody form were
mercury (Hg) and methyl mercury (kv%Mg) for single fish samples and composite
samples. The samples were received, stored, prepared and analyzed according to BRL
standard operating procedures (SOPs) and EPA Method 1631E.
Once thawed, the samples were homogenized using precleaned commercial grade
homogenization equipment. During homogenization of the - biota samples, several
homogenization blanks were collected and batched for Hg analysis.
All samples were prepared and analyzed in accordance with EPA Method 1631 Appendix
(BRL BR-0006) for Hg and a modification of EPA Method 1630 {BRL SOP BR-0011)
for mmHg. All biota sample results are blank corrected, as outlined in the calculations
section of the methods. Homogenization blank results have not been blank corrected.
Please refer to the Quality Assurance Summary for QA details.
Sample results have been evaluated using detection limits that were adjusted to account
for sample aliquot size; please refer to the .Quality Assurance Summary for a list of the
sample specific method detection limits (MDLs) and practical quantitation limits (PQLs).
Results below the MDL have been qualified "U" for non -detect and were reported at the
MDL. All QA criteria were met and no additional qualification of the data was required.
3958 6th Avenue NW • SeatUe, WA 98107 • Phone [phone] • Fax [phone] • www.brooksrand.com • [e-mail]

Lf you have any questions concerning this report, please feel free to contact us.
Sincerely,
2
Project Coordinator
[e-mail].m
Elizabeth Madonick
Project Manager
[e-mail]

Reported by Summary OfResultr• for
Brooks Rand LLC Pace Analydeal
Contact: Amanda Fawley Contact: Lorri Patton
39SS 61hAvaareNW 2225Riui WeDnIPe
Stolle, WA M107 Ashy k NC 28804
Tek 206-632-6206 Far 106 2-6017 Teo- 82&2S4-7776
Lob Project # PA0004 Quote PAC004d
Lab Tracking # 06BRI664
Sample/Sam plira/Xeceivin,� I�afo
PaceAnalytical BRL
Sample
Identification
Sampling Date
SampleNumber
DR-1-F-COMPA-1
10117106
06BRU64 01
DR-1-F-COMPA-2
10117M
OSSR16M 02
DR-1-F-COMPB
1W17l06
OOBR1664 • 03
Ha" BW*#1
1111"
00SR1064 - 04
totvg B"#n
111U06
OBBRIM - 06
FUM Mrik #2
11111W
OBBRI684 - 08
Wednesday, November 15, 2006 �'t'_ i • 1 '`a
ProlertMonapw
Receiving Date
1 Ot1=006
10tM2005
1011MM
1011812008
10/ MOO
10118MM

Reported by Summary of Results for_
Brooks stand LLC Pace Analytical
Contact: Amanda Fawley
Contact: Lorri Patton
3958 61hAnn ueNW
2225RiverW&Drbe
SeattlS WA 98107
Ashvufe " NC 28804
TeL• 206432-66206
Fax: 206WZ.60.17
Tel: [phone]
Lab Project#
PAC004
Quote
PAC004d
Lab Tracldng#
06BIU664
Hg
Sample
Total or
Proparation
Identification
BRL Number
Dlssofved
date Analys[a date
Batch #
Result
Units
Qualifier (Q)
DR-1-F-COMPA-1
O58111e64 - 01
T
11/912008 11/1020M
06•1004
18.300
rQ19
DR 1-F-COMPA-2
00BR1e54 - 02
T
111912ow 11/102008
W1004
300.000
rip
DR-1-F-COMPS
MOR1664 - 03
T
11/912006 11/102008
06.1004
187.000
n8/9
Homog Blank81
068111664 - 04
T'
11/6/2008 11/1012006
08-1004
0.040
rv9
U
Homop Blank 03
06BR1664 - 05
T
11/9/P008 11/10/1006
08-1004
0.040
11019
U
Fillet Blank f2
08BR1864 - 06
T
111 2" 11/102006
06-1004
0.040
• rQ19
U
Tuesday, November 14, 2006
/r r�l"ManYier

3
a
Reported by
Summary ofRaulls for
Brooks Rand d LC
Pace Analytical
Contact: Amanda Fawley
Contact: Lord Patton
S
3938 6t AvenueNW
???SRiverstde Drive
t
SeaAM; WA 98107
Ashvtue NC 28804
Tet: 206-b32-6206 Faz 206-632-6017
Tek 828-2N-7176.
4
Lab Project # PA0004
Quote PAC004d
Lab TracWng # 06BR1664
Hg(Monomethyl)
Sample
Total or
Preparation
Identificatlon BRL Number
Dissolved
data Analysis date Batch # Result
Units Quailfisr (Q)
DR-1-F COMPA 1 068R1004 - 01
T
1M2006 1111=006 W1005 9.5w
na/g
DR-1-F-COMPA-2 06BR7664 - 02
T
11/02006 11/10/2006 0&1005 259.000
nglg
DR-1-F-COMPB 06BRi664 - 03
T
111D2006 11/1=006 0&1005 164.000
ng/g
/
R
y�
N 1
f
'
a
9
7
S
L
_
I
T
F
j:
-
F
1
-
3
Y
Y
Tuesday, November 14, 2006
+
Fraud Maua er '
1

j
Reported by Summary ofResuft for
Brooks Rand LLC Pace Analytical
Contact: Amanda Fawley
Contact.. Lorrf Patton
39S86/hAvei=NW
2225RPoas&eDrbe
Sevn% WA 98107
Ashvak NC 28804
r9&20&&2.62W Far206-6324017
A 828-254-7176
_ lAbProject# PAC004
Quote
PAC004d
Lab 9racking # 06BR1685
i g(Mononiethyl)
Sample
Total or
Preparation
Identification BRL Number
Dissolved
data Anatysis date
Batch 9
Result
Units Qualifier(a)
FB-I-FCOMPA OBBRIUS - 01
T
1/A2008 11/102008
00.1005
84.000
ng/g
FB-I-FOOMPB 06BRIW5 - 02
T
11 2006 111102005
W1006
111.000
nglg
FB-2-FOOMPA OW1685 - 03
T
1119/2006 111102008
MI MS
1.85D.000
ng/g
FB-z-FCOMPa OBBR1086 - 04
T
1119/2000 11110120M
06-1005
339.000
WO
FB•3T-COMPA 08BR1B86- 05
T
11/0/2005 11/102000
MIW5
204.000
rwo
M-3-FCOMPB 06BR1885 - 08
- T
11/0/2000 '11m02006
05.1005
135.000
rwa
7}resday,November 14,2006 E.1L�l��ff&� &-
asaP�r

Reporled by Summary of Rewk for
Brooks Rand LLC paceAn, dyfka
Contact. Amanda Fawley
Contact: Lorri Patton
39S8 Oh Avenue NW
2225Riverd* Drive
Seani4 WA 98107
AshvlRe
NC 28804
Teo 206.632 6206
F=206-632-6017
Tek 828-2S4-7176
Lab Project 9
PAC004
Quote
PAC004d
LabTracking#
06BR1685
Hg
Sample
Total or
Preparation
Identification
BRL Number
Dlssotved
date
Analysis date
Batch ii
Result
Units
Qualifier (Q)
FB-I-FCOMPA
068111685 - 01
T
11MM06
111102006
W1004
123.000
n919
FB-1-FCOMPB
0613111685 - 02
T
1119r2008
1111o2008
05-1004
354.000
rwg
FB-2-FCOMPA
068RI685 - 03
T
11/9/2000
1111MM
- 08-1004
1.970.000
nglg
FB-2-FCOMPB
DOBR1e86 - 04
T
111=006
111=006
00-1004
M.000
0919
F6-3-FCOMPA
06BR1685 - 05
T
11/O&M
1U10r200s
06-1004
265.000
Rog
FB-3-FCOMPB
DOBR16D5 - 06
T
11AV2006
11110200s
06-1004
228.000
n9/9
Diaectbn Blank 81
OBBRIO85 - 07
T
11MMOO8
11/102005
08-1004
0.040
wo
U
Hom,aBlw*#1
0513111685,- 08
T
1118/2008
11/10/2008
W004
0.040
O9r9
U
HOM09 Blank92
058111685 - 09
T
11/9/2008 ,
11/1011006
OM004
0.040
ngfg
U
Dtsecilm Blank 02
OBBR1s85 - 10
T
11102008
17MOM008
08.1004
0.040
ng19
U
TuesdV, November I4, 2006 P.o)eclXanag i

Reported by. .
Summary ofResults for
Brooks Rand LLC
Pace Analytical
Contact: Amanda Fawley
Contact: Lord
Patton
3958 6th Asenue NW
2225 RfvertideDrtve
Seattle, WA 98197
Aslndlle NC
28804
Tel: [phone] Far 206-632.6917
Tek 828-254.7176
Lab Project # PAC004
Quote
PAC004d.
Lab Tracking # 06BR1685
SampIeJSampdinklReceivink Info
Pace Anal &-d
BRL
Sample
Identification
Sampling Date
Sample Number
Receiving Date
FB-I-FCOWA
10/18106
OBBR16M
- 01
.10119=06
FB-I-FCOMPB
10118106
08BR168B
.02
1OM912006
FS-2-FCOMPA
10/18"
08BR1885
- 09
1XIM006
FS-2-FCOMPB
16/1&O6
06BRISSS
- 04
1011=000
F94-FCOMPA
10/18106
DORMS
- 06
IOMM006
FB-S-FCOMPS
1011=6
06BRIS86
- 06
101t02006
Dieectlon Blank#1
1112MG
00BR1886
- 07
1O/1912000
Hortwp Blanc #1
1112106
08BR1OSS
- 00
10/ MOW
HwnogBlank #2
flaw
06BR16B5
- 09
M912005
Medan Blw*'#2
112MO
WaR1888
- 10
10t192006
Tuesday, November 14, 2006

i
QUALITY ASSURANCE SUNDURY
40. .. 39586t &VauneNW
. 6 ) RO � 'RAND Seattle, ww 9810706
TRACE LIMTA15 ANALYSIS & FROM CIS Voice,: Fax:[phone]
Batch #: 06-1004 Mdliod #: BR-0002
Analyle. Hg HatrIc Biota
BIAS Crik lon: Recovery - 0-I15%
Independent Calibration Verilicatiott
Measured,
SIVE
Value
Recovery
QGSID
1
ng/L
4G
lcV'
26.01
I5.77 1
999'.
It Preparation of the CRM MST 1641d.
11W ._, CH19doa: Reaovary - 77-I2396
Continuing Calibration Verification C
t2CS10
Cooed
Value
RVE
I Measured
value
RA
Recrovery
%
CCVI
5.00
4.91
98%
CCV2
5.00
5.12
102%
CCV3
S.OD
432
869�.
BIAS Criterlan: Aw"ery - 75-12SYo
Certified Reference PMaterls! (CRM
CerllJTed
d9rasurut
Value
Value
Recovery '
CRMID
. Wg
aglg
S6
DORM-20
4640
4276
92%
DORM 2•
4640
4180
1 90%
'liogltsD mastic
BIAS '01ter fa• Recovery - 70-130%. RPD <30Y5
Matrix SPIket/ManixSpike Duplicates S/MSD)
Afanix &Ike
41keDupffcale
Saurlrlt
Measured
Measured
MSD
value,
Spiked Valet
Value
ilt
iked Value
Value
Retcovery
DapGcatz
SmapleLD
ag/g.(tval
ng/g (wet)
ng/g (W1
2eeog/g
NO
not (W"
1
%
1
RPD
06BR1685-M
253.5
4103
630.9
407.6
651.5
99%
3%
PRBCISION Criwiorr. RPD <30%if<S:PQL
Method Da to Analysis (hm
Sample
Duplicate
Average
Value
I
value
Value
I
DupUcaw
S IeJD
)1g/g ()MV
ag/g Afto
ng/g (wed
RPD
06BR1685-M
253.5
262.2
257.9
3%
Method Blanks (MB) Crfterls Avg. <2; MU, Std Dev <213 MDL
or feresufts> lac hIR&y MB
MBI
AW2
JW
A04
Average
SYDev
nF/g
nii/g
n919
trg/g
I
)T/g
I
ng/g
0.02
0.05
0.02
0.02•
0.03
0.01
Sample S fie Rc rtin Limits
Sawle
ID
NDL
W9
PQL
xg/g
06BR1559-59
8.4
21.0
06BRI664-01
0.7
1 1.9
0613RI664-02
7.1
17.8
06MU664-03
8A
21.0
06BRI68$-01
8.8
22.0
06BRI685-02
82
2D.5
06BR1685-03
8.0
199
06DR1685-04
7.9
19.6
0613R16t15 05
7.4
I"
06BP,1685-061
7.4 1
19.4
IU13/2006
Method Detection Limits
MDL PQ,L
IV/g I ag/8
0.04 1 0.10
Page I of I

..._..... ..... ....................... __._.......... _.__...__
QUALITY ASSURANCE SUMMARY
i
IK)7K��! �1I�aI11��' 3958 6th Avenue NW
1 " ttle. WA 99107
1Jl i*�J-O V M D Voice; 206-632-6206
TRACEMECALS ANALYSISUPODUCI'S Fax: [phone]
Batch #: 0&1005 Method #: BR-0011
Analyte: MMHg MaWx: Biota
DIAS Criteria: Recovery - 80-120%
lade endent Calibration VeAlleation l
Cel'Ird
Measured
value
Value
gam
nglb
ng/L
Recovery %
ICV+
2.8S
2.71
1 95%
- s ac o-v stanaam is prgxwca uom m aaquot
ofthe CRM DORM-2.
BIAS Crflerix Reaavery - 67-133%
Conlin Cahbrlttioa Yedfication
QCSm
CMI, jted
Value
NO&
bfeaun*d
Value
ng/L
Rem %
CCVI
km
0258
103%
CCV2
0250
0253
102%
CCV3
0.250
0.256
102%
CCV4
0250
0249
1 99%
BIAS Criteria: Recovery - 65-135%
Certified Refertace Material
CerVed
Measured
Yaiue
Value
Recovery
CRMID
ng/g
AW9
%
DORM 2**
4470
4243
95%
DORM-20*
447D
4349
97%
•.1Jogrsh M..Sd
BUS. Criteria Recovery - 63-135K RPD < 3S%
Moult S Pikes/Matrnt Spike Duplicates D
M"* Spike
AlatrLcS Dn lftata
SampteZD
S-Ple
Value
ng/g (wed
Spiked Value
nglg (wrap
Mesvtred
Varve
nglg ft4
3tS
Recovery
X
Spiked Vdue
n3lg (40
Afeasnred
VP&e
Art 6we0
MSD
Recovery
%
Duplicate
RPD
06BR1559-54'
189
1942
203.1
95%
194.4
190.1
88%
No
MBR1644-03
1541
32V
380.E
691/o
352A
4063
M
7%
06BRI695-02
1 111.1
1 395A
455.1
89%
376.3
470.1
956%
3%
PRECISION Crflerfa: RPD<35%orresuht+1-2rPQL j'<5xPQL
Method Da kate Analysis
Sa WkLD
Sample
Yoke
&Wg (-0
Duplicate
Value
npk (weo
Average
Value
Aglg (wet)
RPD
06BR1559-S4
18.9
16.6
17.9
13°%
06BR1644-03
154.1
136.5
I453
12%6
06BR168S-02
111.1
146.3
129.7
27%
Method Blanks (MS) C6fterin: Avx <2r MDL, StdDev <213 MDL
AM]
nglg
MB2
!g
AW
nglg
A1Mf.
ngIZ
Average
neg
fDrP
48*
-02 1
-0.2
1 -0.3
1 41
1 -02
1 0.0
Sam le S
ecit-ic Detection
Limits
Sample
ID
AIDL
NO
PQL
nglg
06BRI559.46
1.0
3.I
068RI559-53
1.0
3.I
06BR15S9-58
1.0
3.1
06BR1685-03
9.6
28.8
111132006
Method Detection Limits
AIDL
nglg
I PQL
ng/g
1.0
3.0
1
Q try Oar
'i tt (S�OG
.ojrc�Managa
Page I of I

sam;,WX e '98107 Fwc-2M 064M.7
�1`AV
NALIM&PIMM --wwWbmQksmrdcdjn;- -Srriailk aic1coip
Sample Receiving Log
Tracking # 06BRI664
Due Date.
11115=6
Receiving Date-
I Oil BrAW
Customer Paci Analytical
Receiving Time:
8,36 AM
Contact: Lord Patton
Prqed Ref. * PAC004
Logged -In by.
Carolyn Rosevelt
Login Date:
1011 W=
BRL Project Manager. Amanda Fawley
Log -in Time:
9:56 AM
Alrbill present?
Yes
CIA Level Standard
Alrbill #
858558094879
Sample Condition Intact
Courier.
FedEx
Shipping container Intad? Yes
Custody seal present?
No
container typo Cooler
Custody seal.InWW
No
Shipping container twp-- 2.4'C
COG Present?
Yes
ShShipping
ipping container coolant foe
COCISample tog agree?
Yes
Sample Turnaround Tim:
COG Number
92130167
Contrad Turnaround Time: 28 days
Subcontract or PO Number.
ASS618
Comments:
.....................................................................................................................................................................
Lob ID:
01
MatrixiSub-Matrix: Blota, Fish
Sample Tag # DR-1-F-COMPA-1
Preservation: None
Collection Datetrtmw. 10117/06.12:00,DD PM
AddLoW
ContalnerType and Lot*
pH:
Filtered?: No
Size:
Comments: fish
Sample Storage Location: Freezer 04
one
Analysis !Method: Hg
EPA 1631, Appendix
Analysis I Method: 1-19(Monomethyl)
EPA 1630 Mod.
Analysis I Method: Homogenization
BR-0103
------------------------
02
—Bjja: Fli-W
Sample Tag#.* DR-1-F-COMPA-2
Preservation: None
CollectionDaWl'ime: 10f17106.12.W.00PM
Acid LoW.
ContalnerType and Lott
pH:
Filtered?: No
She:
Sample Storage Location: Freezer#4
Comments, ?,liffle fish
Am*jsb I Method: COMIMUS
BR-0103
Analysis I Method: Hg
EPA 1631, Appendix
Analysis I Method. Hg(Monomethyl)
EPA 1630 Mod.
Analysis! Method: Homogenization
------------------------------------------
BR-0103
Page I of 2
I
7
L

„,,y y...;.,-.:.1..L..:.,.,.....::.:::'.:!!WL•Y.crtafF'A�NA4':l�.�Y'1N'u('9:Cn9lG"AxR6'JiY,C¢F:•tWeAYi'%�:i'�iYti![v'�JC.'•:t�M+�`:aViS!:9a�NC<KW%N;r.�ti.:W.Y�ta::ilw?xa�i+++:•:onw.sc�n;.-i:::;•
1 '
aceAnalftal7Y
Pace Analytical Services, Inc.
222� Riverside Drive
_r
Asheville, NC 28804
FBAX?
(8) 252-4618
Sub Lab: A 1
Requested Due Date
Page Project Number,Contact
Address: dress: _.
�'
Pace Project Manager.
rri
Phone: _
Price pef Analysis:
Fax: (_ j
Total Price:
Pace Sample #/Sample i.D
O
Z ► �
h�a9 cu_ �_L'7►6u
Analysis Requested
Comments
Dater Ti
fd ” t>.

^�.'D - 3958 Avenue NW � Phone:206832-GL06
(lJ)
1KJ 1! S -Seattle, WA 08107 Fwc 2OH32-6017
T$ACBXWALSANALYM&FRODUC1S www.brooksrand.00m' Email: [e-mail]
Sample Receiving Log
Tracking # 06BR1685
Customer:
Paco Analytical
Contact:
Loni Patton
Project Ref. #-
PAC004
BRL Project Manager.
Amanda Fawley
OA Level
Standard
Sample Condition
Intact
Shipping container intact?
Yes
Shtppingcontahnertype:
Cooler
Shipping container temp:
See comments
Shipping container coolant:
Ice
Sample Turnaround Time:
Contract Turnaround Time:•
28 days '
Due Date:
11/16/2006
Receiving Date:
10119/2006
Receiving Time:
8:15 AM
LoggE d••in by:
Jennelt Simpson
Logan Date:
10/19/2006
Logan Time:
9-34 AM
Airbill present?
Yes
Airbill#
See comments
Courier.
FedEx '
Custody sear present?
No
Custody seal intact?
No
COC Present?
Yes
'COCISample tag agree?
Yes
COC Number.
N/A
Subcontract or PO Number.
Not Provided
Comments: Two coolers. Tracking# 858558094890 had a temp of -0.2°C. Tracking# 858558094880 had a temp of 0.M.
..........»..................... .......................................................................................... ........... ......... I........................
Lab ID:
01 MOWSub-Mabbc Biota, Fish
Sample Tag Vk. FB•1-FCOMPA
Preservation:
None
Collection Datelnme: 10llM, 9:15:00 AM
Acid LoW.
ContainerType and Lot tk Ziploc,
pH:
Fikered?: No
5¢e:
Sample Storage location:
Freezer #d
Comments all fish
Analysts / Method 'Composite -
BR-0103
Analysis / Method: Hg
EPA 1631, Appendix
Analysis / Method: Hg(Monomethyl)
EPA 1630 Mod.
Analysis / Method: Homogenization
BR-0103
--------------------------------------------
MobbdSub-MaVw
Biota, Fish
Sample Tag fk FB-I-FCOMPB -
Preservatkm
None
Collection Datelime: • 10118/06, 9:15:00 AM
Acid Lot#.
ContainerType and Lot fk Ziploc,
pH:
Filtered?. No
Size.
Sample Storage Location:
Freezer #4
moments: 3lame fish
Analysis / Method: Composte
1311-0103
Analysis i Method. Hg
EPA 1631, Appendix
Analysis / Method: Hg(Monomethyl)
EPA 1630 Mod.
Analysis / Method: Homogenization
BR-0103
Page 1 of 2

._........ ..............._...�.."- ____..._....�wx�uvwravnveumrsawYHA%':{yIAGF: "'✓.YWr:[
wl lj
03 MatmdSub-MR&bc Bich, Fish
Sample Tag #: FB-2-FCOMPA Preservation: None
Cotledion Data/rime: 10/18/06, 12:15:00 PM Add Lot#:
ContalnerType and Lot#: Ziploc, pH: Fltered?: No
Size: Sample Storage Location: Freezer#4
Analysis! Method: Hg
EPA 1631. Appendix
Analysis / Method: Hg(Monomeo"
EPA 1630 Mod.
Analysis / Method: Homogenization
BR-0103
---------- -------------------
04
MatrbdSutr I3bbc Blota, Fish — — -- -- — — —
SampieTag#: FB-2-FCOMPB
Preservation: None
Collec50n Dalafrime: 10/10/06,12:15:00 PM
Acid Lot#:
ContainerType and Lot 0: Ziploc,
pH: Filtered?: No
Size:
Sample Storage Location: Freezer #4
Domm2ntsm 2,lamefth
.Analysis/Method: Composite
BR-0103
Analysis / Method: Hg
EPA 1531. Appendix
Analysis! Method: Hii(Monomethyq
EPA 1630 Mbd•
Analysis / Method: Homogenization
BR-0103
------------------------------------
05
------
MatrtxlSubAblrbc Blots, Fish
Sample Tag #: FB-3-FCOMPA
Preservation: None
CoRecUw DaWfte:. 1Dh8106, 1:50:00 PM
Add Lot#:
ContakwType and Lot #: Zl)loc,
pit- Filtered?:.. No;
Size:
Comments; 11 small fish
Sample Storage Location: Freezer#4
Analysis / Method: Composite
BR-0103
Analysis / Method: Fig
EPA 1631, Appendix
Analysis / Method: Hg(Monomethyq
EPA 1630 Mod.
Analysis / Method: Homogenization
BR-0103
- • ------------------------------------------
06
Mafrbd5ub Matmc Biota, Fish
Sample Tag # FB3•FCOMPB
Preservation: None
Collection Date/Time: 10/18/06, 1:50:00 PM
Acid Lot#:
•ConiainerType and Lot#: Ziploc,
pH: Filtered?: No
She:
Comments: 3 lame fish
Sample Storage Location: Freezer#4
Analysis / Method: Composite
BR-0103
Analysis / Method: Hg
EPA 1631. Appendix .
Analysis / Method: Hg(Monomethyn
EPA 1630 Mod
Analysis / Method: Homogenization
------------------------------------------
'
BR-0103-80
SSS���mmm'��I��
s' afore Date
i
//ustodian
Q i �X.Gci- 1AO 7,./e(o
y sign TDatB
Page 2 of 2

02:40:49p.ii.-
ftco.", Ilymi $In*#$ in
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Fla'ceAnalydcal iyc"M
0.44,7176
Far 0M.11618
FAX TRANSMITTAL Total # of Paqes:,2,
TO: Pr KA4)uA
FROM:
Phone:
Phone: [phone]
Fax:
Fax: [phone]
CC:
Urgent- For Review Reply ASAP Please Comment
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Analytical
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
[phone]
FAX [phone]
Requested Due Date Pace Project Number. 7
43 - - . Pace Project Manager, rri
{� P.O. #:
(((jjj Price per Analysts:
Total Price:
Sample #/Sample I.D. MaMx Premv*We I DatanIrne CoUcted Analysis Requested
IT MWAIM�! ' is [MVI 1 `.. ' • • �iL: r �
rim FAD-OXI-40 NI WOVIMI�
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Comments

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l
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.
CHAIN -•OF -CUSTODY/ Analytical •Rquest
Document
Analytical
acePage:
The Chalit-o4-Custody. Is &LEGAL DOCUMENT, All rolawat tislda must be eompietee! ocCurataly.
of
Section A
Section.
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Required Meattnformatlem'
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O NPDES O GROUND WATER ❑ DRINKlNO WATt:R
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❑ 08T O RCRA
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aceAnalytical�
tit
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Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC. 28804
[phone]
FAX: [phone]
Requested Due•Date: Pace•P*ct Number WS C 14-7
I, Pace ProjeCt Manager' boir't
P.O.* $
`Price per -Analysis: ;
Total -Price: i
I
Pace Sample #/Sample I:D:
Matrix
' prei'etvetw-
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Analysts Requested
Comments
2?
: i�.:P�'
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Il�'ar+a An!ohifin!21*
CHAIN -OF -CUSTODY / Analytical Request Document
The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
Page: of
Section A Section B
I
Section C�
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Required Client rm Infoation: Requk" Piojact Information:
Invoice Information:
Company a^" a Report To:
UI
Attention:
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REGULATORY AGENCY
Address Copy To:
Company Name:
n NPDE6
❑ GROUNDWATER
11 DRINKING WATER
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_
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--
Pace Profile 9:
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Section D Requind'Cfientlnforrnation hLT cgoE
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CHAIN-OF-CUSTODY/Analytical Request Document
The Chain -of -Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately.
Page: of
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"�P.EGULATORYAGENCY
-.. Ate'
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Davidson River
10/17/06
DR-1-F-COMPA-1
Brown Trout (Stocked)
Davidson River
10/17/06
DR-1-F-COMPA-2
Brook Trout (Native)
Davidson River
10/17/06
DR-1-F-COMPB
Northern Hogs Head Sucker
Davidson River
10/17/06
DR-I-SED1A
Shallow Sediment
567,392.7851
897,816.1298
35' 15' 09.6569"
82' 41' 33.9718"
Davidson River
10/17/06
DR-I-SED2A
Shallow Sediment
567,411.8642
897,845.5331
35' 15' 09.8563"
82' 41' 33.6261"
Davidson River
10/17/06
DR-I-SED3A
Shallow Sediment
567,407.8559
897,849.9978
35' 15' 09.8184"
82° 41' 33.5705"
Davidson River
10/17/06
DR-I-SEDIB
Deep Sediment
567,392.7851
897,816.1298
35' 15' 09.6569"
82° 41' 33.9718"
Davidson River
10/17/06
DR-I-SED2B
Deep Sediment
567,411.8642
897,845.5331
35' 15' 09.8563"
82° 41' 33.6261"
Davidson River
10/17/06
DR-I-SED3B
Deep Sediment 567,407.8559
897,849.9978
35' 15' 09.8184"
82° 41' 33.5705"
French Broad River
10/18/06
FB-I-COMPA
Blue Gill
French Broad River
10/18/06
FB-I-COMPB
Carp
French Broad River
10/18/06
FB-I-SED-IA
Shallow Sediment
567,102.8078
896,127.7496
35' 15' 06.1690"
82° 41' 54.1871"
French Broad River
10/18/06
FB-I-SED-2A
Shallow Sediment
567,058,8350
896,144.7885
35' 15' 05.7406"
82° 41' 53.9621"
French Broad River
10/18/06
FB-I-SED-3A
Shallow Sediment
567,046.7132
896,149.4855
35° 15' 05.6225"
82' 41' 53.9000"
French Broad River
10/18/06
FB-I-SED-1B
Deep Sediment
567,102.8078
896,127.7496
35' 15' 06.1690"
82' 41' 54.1871"
French Broad River
10/18/06
FB-I-SED-2B
Deep Sediment
567,058.8350
896,144.7885
35° 15' 05.7406"
82° 41' 53.9621"
French River
10/18/06
FB-I-SED-3A
Deep Sediment
567,046.7132
896,149.4855
35' 15' 05.6225"
82° 41' 53.9000"
QBroad
French Broad River
10/18/06
FB-2-COMPA
Large Mouth Bass
French Broad River
10/18/06
FB-2-COMPB
Carp
French Broad River
10/18/06
FB-2-SED-IA
Shallow Sediment
566,852.3732
898,090.4770
35' 15' 04.4160"
82' 41' 30.4236"
French Broad River
10/18/06
FB-2-SED-2A
Shallow Sediment
566,838.6541
898,087.6868
35' 15' 04.2794"
82° 41' 30.4510"
French Broad River
10/18/06
FB-2-SED-3A
Shallow Sediment
566,788.6772
898,077.5226
35' 15' 03.7816"
82° 41' 30.5511"
French Broad River
10/18/06
FB-2-SED-1B
Deep Sediment
566,852.3732
898,090.4770
35' 15' 04.4160"
82' 41' 30.4236"
French Broad River
10/18/06
FB-2-SED-2B
Deep Sediment
566,838.6541
898,087.6868
35' 15' 04.2794"
82° 41' 30.4510"
French Broad River 10/18/06
FB-2-SED-3B
Deep Sediment
a
566,788.6772
898,077.5226
35' 15' 03.7816" 82° 41' 30.5511"
French Broad River
10/18/06
FB-3-COMPA
Blue Gill
French Broad River
10/18/06
FB-3-COMPB
Carp
French Broad River
10/18/06
FB-3-SED-1A
Shallow Sediment
565,649.9728
900,731.4486
35' 14' 53.5007"
82' 40' 58.0616"
French Broad River
10/18/06
FB-3-SED-2A
Shallow Sediment
565,637.9830
900,731.9441
35' 14' 53.3824"
82' 40' 58.0502"
French Broad River
10/18/06
FB-3-SED-3A
Shallow Sediment
565,580.0000
900,735.0000
35' 14' 52.8100"
82' 40' 57.9633"
French Broad River
10/18/06
FB-3-SED-1B
Deep Sediment
1 565,649.9728
900,731.4486
35' 14' 53.5007"
82° 40' 58.0616"
French Broad River
10/18/06
FB-3-SED-2B
Deep Sediment
565,637.9830
900,731.9441
35' 14' 53.3824"
82' 40' 58.0502"
French Broad River
10/18/06
FB-3-SED-3B
IDeep Sediment
565,546,0615
900,735.7435
1 35' 14' S2.4751"
82' 40' 57.9633"

Mercury Sampling Results
^
Y�'•{ A .?
r
SampleL�ocato F
-•
K agr
"i
Datgi
per .
xF x n k ,3` "'„
Ei,A
= Numbers,'
,w
r 3;~ 77177N777,7
jdla �i ..v..
ryk� F ! xR<
d"` 5 5
t✓ 'ro
rtAi�
:,
k F•Sample'xTYP_e
a
;, ri
lereury�
ep"�{ 4 rz'�1.Y7�o .r iR
-Monometh '..}
ay Y
qO.G...
g ^ !Mercury
a iT-f 4�,.'r
WAeri31"f
41,aSF m G
`.`�
< Me
t�
Sohds
'r P°a
ti�TOC 'i
(wet wt)
s.'�_
`i-;i?;1
(wet wt.)M, '°E
.o-#_
`4 r'w.ut
(dry„ wt )w y
.moa .:.��
XO
{, /a
.A
('dry wt) t
ten `� a+...';
Davidson River
10/17/06
DR-1-F-COMPA-1
Brown Trout (Stocked)
0.0183
0.0095
Davidson River
10/17/06
DR-1-F-COMPA-2
Brook Trout (Native)
0.3
0.259
Davidson River
10/17/06
DR-1-F-COMPB
Northern Hogs Head Sucker
0.187
0.154
Davidson River
10/17/06
DR-l-SED1A
Shallow Sediment
0.084
49.4
95000
Davidson River
10/17/06
DR-I-SED2A
Shallow Sediment
0.061
62.7
15000
Davidson River
10/17/06
DR-I-SED3A
Shallow Sediment
0.018
72.2
1900
Davidson River I
10/17/06
DR-I-SED1B
Deep Sediment
0.12
38.9
180000
Davidson River I
10/17/06
DR-I-SED2B
Deep Sediment
0.064
66.8
22000
Davidson River I
10/17/06
DR-I-SED3B
Deep Sediment
0.015
71.1
2800
French Broad River
10/18/06
FB-I-COMPA
Blue Gill
0.123
0.094
French Broad River
10/18/06
FB-I-COMPB
Carp
0.254
0.111
French Broad River
10/18/06
FB-l-SED-lA
Shallow Sediment
<0.015
68.5
5200
French Broad River
10/18/06
FB-I-SED-2A
Shallow Sediment
0.034
39.4
20000
French Broad River
10/18/06
FB-I-SED-3A
Shallow Sediment
0.19
50.3
18000
French Broad River
10/18/06
FB-I-SED-1B
Deep Sediment
0.062
57.2
18000
French Broad River
10/18/06
FB-I-SED-2B
Deep Sediment
0.049
35.0
49000
French Broad River
10/18/06
FB-I-SED-3A
Deep Sediment
0.038
59.3
15000
-
#�tASB
French Broad River
10/18/06
FB-2-COMPA
Large Mouth Bass
1.97
1.85
French Broad River
10/18/06
FB-2-COMPB
Carp
0.609
0.339
French Broad River
10/18/06
FB-2-SED-lA
Shallow Sediment
0.015
74.8
1800
French Broad River
10/18/06
FB-2-SED-2A
Shallow Sediment
<0.013
75.2
530
French Broad River
10/18/06
FB-2-SED-3A
Shallow Sediment
0.034
67.4
18000
French Broad River
10/18/06
FB-2-SED-iB
Deep Sediment
0.022
68.5
2300
French Broad River
10/18/06
FB-2-SED-2B
Deep Sediment
<0.013
76.4
540
French Broad River
10/18/06
F13-2-SED-3B
Deep Sediment
<0.014
73.3
2200
Downstream Ma . � �'• sc '"
r �
..�, n �..� � : �-s, . v., ' .�.�: } ��, �� `. �� , s- �::- -w �: ''`` .�� . "�
French Broad River
10/18/06
FB-3-COMPA
Blue Gill
0.265
0.204
French Broad River
10/18/06
FB-3-COMPB
Carp
0.228
0.135
French Broad River
10/18/06
FB-3-SED-lA
Shallow Sediment
0.023
65.4
22000
French Broad River
10/18/06
FB-3-SED-2A
Shallow Sediment
<0.013
74.3
3300
French Broad River
10/18/06
FB-3-SED-3A
Shallow Sediment
0.022
62.3
6600
French Broad River
10/18/06
FB-3-SED-lB
Deep Sediment
1 0.0321
58.91
22000
French Broad River
10/18/06
FB-3-SED-2B
Deep Sediment
1 <0.0131
74.51
1700
French Broad River
10/18/06
FB-3-SED-3B
Deep Sediment
1 0.0241
62.21
13000

I
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a

Appendix C
Fish Photograph
-1
IA WPGVL\PJT\ 00-71708 \ 01 \ R007170801-001.DOC December 2006

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t x vs"

OF W ATF9 Michael F. Easley, Governor
C� Q William G. Ross Jr., Secretary
yNorth Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E., Director
Division of Water Quality
December 31, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. STEVEN H. SMITH, CHIEF OPERATING OFFICER
RFS ECUSTA, INC.
ONE ECUSTA ROAD
PISGAH FOREST, NORTH CAROLINA 28768-0200
Dear Mr. Smith:
? AN 6
201113
Subject: Application No. WQ0013419
Additional Information Request
RFS Ecusta, Inc.
Ecusta Paper Mill Surface Disposal Unit
Surface Disposal of Residual Solids (503)
Transylvania County
This letter is in reference to the above -referenced permit renewal application package received on
September 4, 2002 for the operation of the subject residuals surface disposal unit.
On October 15, 2002, the Division of Water Quality (Division) sent you a correspondence
containing an item that needed to be addressed before our review of the permit renewal application
package could proceed. A copy of this correspondence is attached to this letter for your review and
reference. Note that a response was required to- be completed and submitted to the Division for review no
later than November 15, 2002. As of this date, the Division has not received a response to this.
correspondence, nor has the Division received a request for an extension to respond to this
correspondence.
You are hereby notified that all additional information requested in the October 15, 2002
correspondence should be submitted to the Division no later than January 31, 2003. Alternatively, if the
surface disposal unit is to be closed as a result of the paper mill's closure and an operational permit is no
longer iequired, a request. to rescind this permit or to modify this permit for closure/post-closure
management should be submitted to the Division within this same time schedule. This request should
include a formal closure plan and a post -closure management care program for the surface disposal unit.
This information shall be specific to the surface disposal unit as well as relate to the Permittee's future
plans for the land. A schedule forimplementing both'the closure plan and the post -closure management
care program shall be provided as well. The Division will accept a submittal that has been prepared in
accordance with the document entitled "Process Design Manual: Surface Disposal of Sewage Sludge and
Domestic Septage (EPA/625/R-95/002)," published by the United States Environmental Protection
Agency's Office of Research and Development.
Aw
EtIIt
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.state.nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

If a response is not received by this revised due date, the Division will return your permit
application package as incomplete in accordance with North Carolina General Statute § 143-215.1. Please
be advised that operation of a residuals surface disposal unit without an active permit is a violation of
North Carolina General Statute §143-215.1 and may subject the owner/operator of the unit to enforcement
action in accordance with North Carolina General Statute § 143-215.6. Civil penalties of up to $25,000
per day per violation may be assessed for failure to secure a permit required by North Carolina General
Statute § 143-215.1.
If you have any questions regarding this request, please do not hesitate to contact me at (919)
733-5083, extension 353, or at [e-mail]. Thank you in advance for your
cooperation and assistance.
Sincerely,
Shannon Mohr Thornburg
Environmental Engineer
Enclosure
cc: Ms. Kerry Becker, Asheville Regional -Office - Water_ Quality Section -(w/o enclosure)
Mr. David L. Goodrich, Central Office - Groundwater Section (w/o enclosure)
Permit File WQ0013419 (w/o enclosure)
OA

-- , n. r g■ �r r a
ROY COOPER Suits 300• Western Office
A1lomcyGeneral 12A College Street Phone: [phone]
Asheville, NC 28801 Fox. [phone]
FACSIMILE TRANSMISSION COMER SHEET
Note: The information contained in this facsimile message is confidential Information intended onlyfor the use
of the Individual or entity named below. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have
received this telecopy in error, please immediately notify us bytelephone and return the original message to us
at the address above via United States Postal Service: Thank you.
DATE: February 28, 2003
T0: David R. Blackwell '@
a
Special Deputy Attorney General°
FAX NO: 919-716-6763 8
r lrfl,
TO: Dan Oakleya¢�,�? �T
General Counsel, DENR
FAX NO: 919-715-3060
TO: :fames C. Gulick
Senior Deputy Attorney General.
FAX NO: 919-716.6767
TO: Forrest R. Westall
Regional Water Quality Supervisor
FAX NO: 251-6452
FROM: Sueanna P. Sumpter
Assistant Attorney General
Attorney General's Western Office
SUBJECT: State of North Carolina ex rel. Ross v. Ancefin LTG.
Tran$ylvania County file no. 03 CvS 98
NUMBER OF PAGES INCLUDING COVER SHEET: 9
COMMENTS: Attached is a copy of the temporary restraining order entered
yesterday afternoon. As you will note, we have asked the Sheriff
to attempt service upon U. Puri at the mill site and will follow up
An Equal Opportunity / Affirmative Action Employer
1 n 1 nn f` nn n� n� n7 I nnnn 1 n� non • VD 1
In 11 IA 11 .In 1 1 U
two

on his efforts later. today. The hearing on the motion for
preliminary injunction is scheduled for Friday, 7 March 2003, 10
a.m., in Brevard, before Judge Guice.

STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
IN THB GENERAL COURT OF JUSTICE
SUPERIOR COiJ•iSIQN
File No.: 03 CvS
STATE Off' NORTH CAROLINA, ex. rel., )
WILLIAM G. ROSS, JR., Secretary, )
NORTH CAROLINA DEPARTMENT )
OF ENVIRONMENT AND )
NATURAL RESOURCES, ) CERTIFICATE OF SERVICE
by Sheriff
Plaintiff, }
v, )
ANCEFIN LTD., a corporation of the United )
Kingdom,.
Defendants. )
I HEREBY CERTIFY thafcopies of summons and complaint and temporary restraining order were received
um
and Served as follows:
❑ By delivering to the defendant named above a copy of the summons and complaint.
❑ By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant
named above with a person of suitable age and discretion then residing therein.
® As'the defendants are a corporation, service was affected by delivering copies of the summons and complaint
to the person named below.
Ndme and address of person with whom copies left (if corporation, give title of person copies left with):
Upendra Puri, Chief Operating Officer
Service Fee Paid Date Received Name of Sheriff
gy; Date of Return County:.'Tiansylvaala
Deputy Sheriff Making Return
k

LW
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICZ.
i ��� ,� y �jt� : �. tUPERIOR COURT DIVISION
COUNTY OV TRANSYLVANIA"� � LE NO. 03 CVS
i ar. iJ iL
STATE OF NORTH CAROLINA, )
ex rel., WILLIAM G
SECRETARY, NORTH CAROLINA )
DEPARTMENT OF ENVIRONMENT )
AND NATUM RESOURCES; ) TEMPORARY RESTRAINTNC3
ORD i�
plaintiff, )
v. )
ANCEFXN LTD, a corporation of )
the United Kingdom, . )
Defendant. )
THIS CAUSE CAXZ ON 'TO 'BE HEA=' and was heard ex parte upon the
motion of the plaintiff State of North -Carolina -for issua=ce of a
temporary restraining order. It appears to the Court as follows;
l,. This in an action for injunctive relief filed by the
State of North Carolina for enforcement of certain laws -.and rules
adopted for protection of the environment, and therefore protection
of the publa.o health, safety, and welfare.
2. This matter concerns Certain property real and personal
located in Transylvania County, North Carolina, now owned by. the
bankrupt corporations RFS Ecusta and, US RFS, and known as the
Ecusta mill. Pursuant to Order of •the'B•a.nkruptcy Court, the mill
was sold at auction conducted on 18 February 2003. The defendant
was • the successful bidder at that 'auction. By. Order dated 19 ,
February 2003, the Bankruptcy Court confirmed the outcome of. the
auction sale.
3. The defendant is presently scheduled to take title to the
Eousta.mill as of Friday, 28 February 2003.
4. The defendant has failed and refused to provide adequate
assurance to the State of. North Carolina that it can and will
operate the environmental. systems located at the Ecusta mill in a
lawful manner.'

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associated with drainage, dewatering, and pumping.
of, contaminated groundwater at the new ash
landfill=
maintain laboratory and other environmental
services, such as collection. and analysia of
effluent discharged into the waters of the State;
E. timely file the ;pelf -monitoring reports required by
the DNQ permits issued 'to defendant' a L predecessor
in title;
F. maintain all records required by the water duality
permits _issued to the defendant's predecessor in
title and make such cont,inuousl.y available to the
plaintiff for inspection;
�. maintain sufficient, qualified staff on .site to
ensure proper operation and maintenance of all
environmental systems, and timely reporting and
communications to the DWQ regarding wastewater
treatment issues;
H. properly operate and maintain all components of the
wastewater treatment systems in cox nplianc with the
grater qual,:.t,y - permits issued to the defendant's
predecessor in title and further maintain the dike
of the ASB in. compliance with the Dam Safety Act
and implementing rules 'so as to prevent any
unlawful release of wastewaters into the waters of
the State;
1. timely sample ground and surface water at thoi Ash
and island landfills, timely submit laboratory
analytical data to the Division. of *Waste
Management, and undertake groundwater assessment
and corrective action as xnay be required at each of
the landfills;
maintain a source of .water sufficient, to ensure
that the mechanical., water -fed seals on process
chemzi�al tanks do not fai.l.; .
K, in the event the defendant does not' resume
manufacturing operations at the Ecusta mill site:
-3=

1. close all permitted -wastewater facilities - and-
all components thereof within a reasonable
time. and in accordance with closure plans to
be submitted to .and, approved by the DBNRI and
2. close' the new ash and island iandf!ills. within
a reasonable time in accordance with closure
plans approved by the Division of WnLsts
Management in accordance ISA N I C .
Administrative Code ISB .0505.
�. comply with all applicable rules• governing the
management 'of hazardous waste at the site,
Specifically, the defendant must:
1. manage all hazardous waste being accumulated
at the site in containers and tanks, and
manage such waste in accordance with all
applicable regulations as•specified in 40•CFR
262.34.
2. maintain and operate the facility so -As to
minimize the possibility of a fire, . 6x lc,sion
or any unplanned. sudden or non -sudden release
of hazardous waste or hazardous waste.
constituents to air, -soil„ or surface water
which could threaten -human health or the
environment.
3. maintain the facility so as -to ensure the
continued.. operation and effectiveness of all
alarms, sprinklers and other •fire suppression
devices.
4. retain quali.fi.ed personnel, trained in
accordance with the- requirements of 40 CFR
265.16, to . ensure co;nyliance with- the
Hazardous waste Rules and the Courts Orders.
5. immediately remove all, hazardous waste from
product or raw_ material, tanks, vessels;
pipelines, or process unit$. -

S. ensure that materials which are not, required
to be managed as hazardous waste are removed
from product or raw* material tanks, vessels,`
pipelines, or process units prior to any
interruption of electrical power to. the
facility.
7. provide, in writing, • documentatioA to support•
any' -contention that certain materials
rezwi,niag at the facility do not constitute a
.solid waste.
S. within' the time allowed in 40 CFR• 262.34,
arrange' for the removal, •transport and
delivery of all hazardous waste at the site to
a permitted hazardous waste storage, treatment
or disposal facility, and submit to DWM copies
of all manifests associated with such removal,
transport and delivery.
9. maintain all records requirdd to be retained
by 40 CPR 262.40, and make such documents.
continuously available to the plaintiff for
inspection;
2. This- Restraining order shall. be enfordeable by and
through the contempt powers of this Court,•pursuant to Chapter -SA
of the North Carolina General Statutes.
3. A copy of this Restraining Order be served upon the
defendant in the =annor now provided for service of process.
4. This Restraining Order shall expire ten days from this,
date unless extended by further order of court or by consent.
5. The pl iffI s otion for preliminary injunction will, be
heard ant th 2003 team of Court for
`County, at the ` 2t County
ourthous . at t or as soon twereaf ter 40 the Court may
reach it.
L-NTEFt D this the. day of February, 2003, at
o'clock .
-S-

� pn� 4=03.-X0T-m9c%S luspY.aag x =IRO
--ap HoD C-dOz struvaox0ii
•ir
v

Filed jnr regis•trad on the day
20 y
at rineL m, and ie istered
Pei oa the day al 10,Q
in krw: of age
Re 'ster of Deeds•, D-011sv1vania o ty
000183®00713
Excise Tax: None (See Order attached as Exhibit B)
SPECIAL WARRANTY DEED
Q= j jOu st I I, 2003 —DnLA-
Tax Parcel Nos.: 8596-49-6733-000. 8596-49-7911-000. 8596-49-7990-000. 8596-49-8754-
000. 8596-49-8865-000. 8596-49-9829-000. 8596-59-1877-000. 8596-59-2857-000. 8596-59-
3846 000.8596-59-4854-000.8596-59-4908-000.8596-59-5927-000.8596-59-6966-000;8596-
59 7804 000. 8596-59-7927-000. 8596-59-7975-000. 8596-59-8954-000: 8597-31-8577-000;
8597-32-8849-000. 8597-40-5038-000. 8597-40-6036-000. 8597-50-1093-000 8597-50-3042-
000• and out of 8596-69-9440-000;
Mail after recording to: Robert W. Allen, Robinson Bradshaw & Hinson, P.A., 101 _ North
Tryon Street Suite 1900 Charlotte North Carolina 28246
e t prepared b : Robinson Bradshaw & Hinson P.A. (RWA), 101 N. Tryon
\ This instrument was P P Y
Street Suite 1900 Charlotte, North Carolina 28246
Brief description for Index: Ecusta Road
THIS SPECIAL WARRANTY DEED made this day of e.s 12003,
by and between RIPS US, INC., a Delaware corporation ("Debtor"), as Seller and hereinafter
called the "Seller", and ECUSTA BUSINESS DEVELOPMENT CENTER, LLC, a North
Carolina limited liability company, hereinafter called the "Purchaser". Purchaser's mailing
address is: P.O. Box 1119, Pisgah Forest, North Carolina 28768. The terms Seller, Debtor and
C-833949v03 17215.00011

00018
000 714
Purchaser as used herein shall include such parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
WHEREAS, voluntary chapter 11 petitions under the United States Bankruptcy Code
�.
d cInc.osta 1 e United fate Bankruptcy Court
were sled the Debtor an RFS Ecusta, In . E in States f by ("Ecusta") P Y..
for the District of Delaware (the "DE Bankruptcy Court") on October 23, 2002;
AND WHEREAS, the bankruptcy cases of the Debtor and Ecusta were transferred to the
United States Bankruptcy Court for the Western District of North Carolina (the "NC
Bankruptcy Court") pursuant to an order entered by the DE Bankruptcy Court on or about
March 28, 2003, and such cases are now pending in the NC Bankruptcy Court under case
numbers 03-10358 and 03-10360;
AND WHEREAS, the Debtor and Ecusta have been authorized to own, operate and
possess the propertyof the Debtor and Ecusta as debtors -in -possession by virtue of the
provisions of the United States Bankruptcy Code; - -
AND WHEREAS, after notices and hearings under the United States Bankruptcy Code,
the Debtor has been authorized by an order of George R. Hodges, Bankruptcy Judge for the NC
.`
Bankruptcy Court to sell the real estate described in this Deed, and all creditors and other parties
in interest in this estate have had proper, prior statutory notice of the consummation of the sale of
the Realty (defined below), and there has been full compliance by the Debtor with the United
....:.......:... .... .
States Bankruptcy Code and the order of the NC Bankruptcy Court entered on July 1, 2003, a
true copy of which is attached hereto as Exhibit B, which order of the NC Bankruptcy Court is
incorporated herein by this reference.
NOW, THEREFORE, in consideration of the premises, and the sum of $174,250.00, the
. receipt of which by the Debtor is hereby acknowledged, and pursuant to the order of the NC
;�wjtd+�icf;:uh:x;y. f•M 4;f.ti?�k:.�'+:it.t:; i:a,
C-83394903_ 17215.00011 2

04)J-83 000'715
Bankruptcy Court identified above, the Debtor has and by these presents does grant, bargain, sell
and convey to the Purchaser all that real estate, including all improvements located thereon,
Realty"), and which is
which is located in Brevard, Transylvania County, North Carolina, (the "
ated into this Deed by this
more particularly described on Exhibit A attached to and incorpor
reference.
This conveyance is made subject to the following: of record,
1, All encumbrances and other matters both of record and not appearing
e and clear of the same by virtue of the order
except to the extent the Realty is fre
of the NC Bankruptcy Court identified above.
2. All unpaid ad valorem taxes, except as otherwise -paid, agreed to be paid or
prorated at closing.
the Realty, which includes all improvements located on the
3. The condition that
is" and without any representation or warranty
Realty, is conveyed "as is, where
of any kind concerning its physical condition.
TO HAVE AND TO HOLD the Realty, and all privileges and appurtenances thereto
belonging, to the Purchaser in as full and ample a manner as the Debtor is authorized and
Debtor covenants with the Purchaser, in reliance on the rae
r of
empowered to convey. And the
any
the NC Bankruptcy Court identified above, that the Debtor has not created or granted
has
encumbrances or interest which would be adverse to the Purchaser, and the Debtor and done
and
nothing to impair such title to the Realty as the Debtor received, and the Debtor
defend that title against the lawful claims of all persons claiming by, under or through the
Debtor, except for the specific exceptions stated above.

000183
000'716
IN WITNESS WHEREOF, the Debtor has caused this instrument to be signed in its corporate
name as duly authorized by the order of the NC Bankruptcy Court identified above, the day and
year first above written.
RFS US, INC.
By: ~— � (SEAL)
Jim Mc I� ' la , Authorized Agent pursuant to the
Order of the Court attached hereto as Exhibit B
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
This 7+1% day of , 2003, personally came before me Jim McMillan,
who, being by me duly sworn, s s that he is the duly authorized agent of e J US, INC., a
Delaware corporation, pursuant to the Order of the U.S. Bankruptcy Court, entered on July 1, 2003,
and that said writing was signed by him, in behalf of said corporation, in accordance with the Order
of the U.S. Bankruptcy Court entered on July 1, 2003. And the said Authorized Agent
acknowledged the said writing to be the act and deed of said corporation.
Notary public
OFFICIAL SEAL
Hm.ry Puelie Horin rolin�
My co eX KU.ELL�
[NOT M Commission Expires May 19 2007
The foregoing Certificate of_
is 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. ONO
0�— (�
�Q�dS�County Register of Deeds
C•83394903 17215.00011
4

............
000717
EXHIBIT A
Those certain lots, parcels, and tracts of land located in Brevard Township, Transylvania
County, North Carolina, more particularly described as follows:
TRACT 1-1:
BEING all of Tract' 1-1 as shown on plat entitled "Boundary Survey Olin Corporation" recorded
in Plat Cabinet 2, Slide 370-A the "Plat"), in the Office of the Register of Deeds of Transylvania
County, North Carolina (the "Registry") and which is more particularly described as follows,
adding a call to separate Tract 1-1 from Tract 1-2 which is shown on the plat recorded in Plat
Cabinet 2, Slide 371:
Beginning at a concrete monument found (CMF I as shown on the Plat), a comer of the
property of Riverside Grocery, now or formerly, as described in Deed Book 243, Page
316 in the Registry and a point on the boundary line of the property of the United States
of America (Pisgah National Forest), now or formerly, as described in Deed Book 90,
Page 329 in the Henderson County Public Registry; thence S. 52-36-53 E. 154.14 feet to
a point; thence N. 16-02-07 E. 195.10 feet to a point; thence N. 16-02-05 E. 50.71 feet to
a point; thence S. 73-07-00 E. 207.42 feet to a point; thence S. 20-05-38 W. 50.27 feet to
a point; thence S. 23-06-08 W. 252.38 feet to a point; thence S. 69-33-27 E. 143.22 feet
to a point; thence S. 69-33-26 E. 38.98 feet to a point; thence S. 84-18-27 E. 177.79 feet
to a point; thence N. 80-04-23 E. 234.84 feet to a point; thence S. 79-20-35 E. 139.71 feet
to a point; thence S. 62-59-00 E. 350.18 feet to a point; thence S. 63-02-28 E. 189.82 feet
to a point; thence S. 61-38-29 E. 230.91 feet to a point; thence N. 41-03-31 E. 94.56 feet
to a point; thence N. 41-03-32 E. 80'.44 feet to,.a point; thence S. 66-30-23 E. 12�1,81 feet
to a point-, , thence S. 48-20-25 W. 90.00 feet to a point; thence S. 76-20-26 W. 196.70 feet
to a point; thence S. 25-49-37 E. 42.27 feet to a point; thenci S. 01-03-51 W. 172.61 feet
to a point; thence S. 23-44-43 W. 152.36 feet to a point; thence S. 41-26-13 W. 74.15 feet
to a point; thence S. 66-38-12 W. 66.90 feet to a point; thence S. 86-00-12 W. 49.93 feet
to a point; thence S. 75-18-15 W. 56.71 feet to a point; thence S. 70-16-15 W. 376.52 feet
to a point; thence S. 61-26-03 W. 93.16 feet to a point; thence S. 13-08-11 W. 311.76 feet
to a point; thence S. 12-32-40 E. 100.27 feet to a point; thence S. 37-28-46 E. 202.59 feet
to a point; thence S. 02-34-52 W. 484.13 feet to a point; thence S. 01-22-52 W. 110.37
feet to a point; thence S. 43-09-10 E. 25.82 feet to a point; thence S. 12-30-08 E. 226.12
feet to a point; thence S. 06-22-10 W. 638.97 feet to a point; thence S. 20-57-52 E.
216.95 feet to a point; thence S. 32-14-50 E. 245.22 feet to a point; thence N. 87-12-06
W. 28.82 feet to a point; thence S. 13-37-37 E. 72.64 feet to a point; thence S. 04-22-30
E. 70.54 feet to a point; thence S. 02-07-32 E. 447.27 feet to a point; thence S. 00-37-27
W. 300.19 feet to a point; thence, a computed closure line, S: 16-01-25 W. 251.17 feet to
a point; thence N. 83-59-49 W. 252.51 feet to a point; thence N: 83-59-50 W. 318.42 feet
to a point; thence N. 83 ' -59-50 W. 61.29 feet to a point; thence N. 83-59-50 W. 284.12
feet to a point; thence N. 83-59-49 W. 75.88 feet to a point; thence N. 83-59-50 W. 82.69
feet to a point; thence N. 83-59-50 W. 463.41 feet to a point; thence N. 83-59-50 W.
35.29 feet to a point; thence N. 06-08-09 E. 80.00 feet to a point; thence N. 83-51-50 W.
500.00 feet to a point; thence S. 33-51-49 E. 125.00 feet to a point; thence S. *08-47-07
W. 50.80 feet to a point; thence S. 32-36-20 E. 10.85 feet to a point; thence S. 06-35-04
C-83394903 17215.00011
5

Q'J00183
W. 27.37 feet to fpdh kh'e e S. 06-35-12 W. 805.53 feet to a point; thence N. 83-32-
48 W. 787.90 feet to a point; thence N. 11-29-12 E. 1338.80 feet to a point; thence N. 11=
29-14 E. 30.00 feet to a point; thence S. 81-24-49 E. 346.10 feet to a point; thence N. 06-
39-37 W. 364.31 feet to a point; thence N. 81-30-51 W. 30.00 feet to a point; thence N. _
81-30-48 W. 629.99 feet to a point; thence N. 03-01-00 E. 313.63 feet to a point; thence
S. 81-36-31 E. 37.37 feet to a point; thence S. 81-36-31 E. 2.08 feet to a point; thence N.
0540-18 E. 150.59 feet to a point; thence S. 81-30-08 E. 600.08 feet to a point; thence S.
81-30-10 E. 31.18 feet to a point; thence N. 07-06-24 E. 387.26 feet to a point; thence N.
85-32-03 W. 33.00 feet to apoint; thence N. 07-17-25 E. 270.60 feet to a point; thence N.
80-58-48 W. 15.42 feet to a point; thence S. 05-48-54 W. 88.01 feet to a point; thence N.
79-11-16 W. 127.49 feet to a point; thence N. 11-22-48 E. 83.96 feet to a point; thence N.
80-58-39 W. 315.53 feet to a point; thence N. 06-53-22 E. 658.19 feet to a point; thence
N. 06-53-24 E. 34.81 feet to a point; thence N. 38-44-59 W. 400.00 feet to a point; thence
N. 58-59-59 W. 100.00 feet to a point; thence N. 38-30-00 W. 210.00 feet to a point;
thence N. 24-59-59 W. 150.00 feet to a point; thence N. 35-44-59 W. 71.50 feet to a
point; thence N. 35-45-04 W. 28.50 feet to a point; thence N. 50-48-46 E. 235.52 feet to a
point; thence N. 42-48-46 E. 652.06 feet to a point; thence N. 49-06-01 W. 25.02 feet to a
point; thence N. 49-06-04 W. 1029.86 feet to a point; thence S. 84-26-02 E. 1069.51 feet
to a U.S. Forest Aluminum Monument Found (140 on the Plat); thence N. 08-00-43 E.
417.01 feet to a concrete monument found, the point and place of BEGINNING.
SAVE AND EXCEPT 1-9, INCLUSIVE:
1. BEING all of Exception 1 Cantrell Lot as shown on plat entitled "Boundary Survey Olin
Corporation" recorded in Plat Cabinet 2, Slide 370-A, in the Office of the Register of
Deeds of Transylvania County, North Carolina, as more particularly shown on survey
dated June 28, 2001, last revised August 3, 2001, prepared by Freeland — Clinkscales &
Associates, Inc. of NC as drawing number h21126c; -=-
2. BEING all of Olin Employees Credit Union — Exception 2 Lot as shown on plat entitled
"Boundary Survey Olin Corporation" recorded in Plat Cabinet 2, Slide 370-A, in the
Office of the Register of Deeds of Transylvania County, North Carolina, as more
particularly shown on survey dated June 28, 2001, last revised August 3, 2001, prepared
by Freeland — Clinkscales & Associates, Inc. of NC as drawing number h21126c;
3. BEING all of Siniard — Exception 3 Lot as shown on plat entitled "Boundary Survey Olin
Corporation' recorded in Plat Cabinet 2, Slide 370-A, in the Office of the Register of
Deeds of Transylvania County, North Carolina, as more particularly shown on survey
dated June 28, 2001, last revised August 3, 2001, prepared by Freeland - Clinkscales &
Associates, Inc. of NC as drawing number h21126c;
4. BEING a 1.21 acre portion of Lot 1-B as shown on plat entitled "Boundary Survey Olin
Corporation" recorded in Plat Cabinet 2, Slide 370-A, in the Office of the Register of
Deeds of Transylvania County, North Carolina, as described in a deed dated October 26,
1994, from P. H..Glatfelter Company to Pisgah Forest Speedway, Inc., recorded in Book
381, Page 731, in the Office of the Register of Deeds of Transylvania County, North
Carolina, as more particularly shown on survey dated June 28, 2001, last revised
August 3, 2001, prepared by Freeland — Clinkscales &Associates, Inc. of NC as drawing
`,:;�,,;,,,;,r,i,:}:;�•;,,,}.,.,,•,,;,::,;,,.t ;;,
number h21126c.
sN: r;; <:�::,:,,:r:s.1:t: , ;r:.�•;;'
C-83394943_ 17215.00011 6
1

f
0001.93
0 0 1-jr, 1 .....:.:.:.... ,.:...::
5. BEING that portion of Tract 1-1 located on the south side of U.S. Hwy 64-276 and on the
west side of Ecusta Road (S. R. 1512) (formerly Vanderbilt Road) at the intersection of
U.S. Hwy 64-276 and Ecusta Road (formerly Vanderbilt Road) and being identified as
Lot 1-N and Lot 1-M of Tract 1-1 as per plat thereof entitled "Boundary Survey of Olin
Corporation" recorded in Plat Cabinet 2, Slide 370-A in the Office of the Register of
Deeds of Transylvania County, North Carolina, and being more particularly shown on
survey dated June 28, 2001, last revised August 3, 2001, prepared by Freeland —
Clinkscales & Associates, Inc. of NC as drawing number h21126c.
6. BEING
all of that certain 20.49 acre portion of
Tract 1-1 which is located on the
southwest.side of Ecusta Road (S.R. 1512) (formerly Vanderbilt Road) and described as
all of Lot 1-J as shown on plat entitled "Boundary Survey Olin Corporation" recorded in
Plat Cabinet 2, Slide 370-A, in the Office of the Register of Deeds of Transylvania
County, North Carolina, which is bounded on the northwest side by the centerline of
Ecusta Road (formerly Vanderbilt Road) all as more particularly shown on that certain
survey dated June 28, 2001, last revised August 3, 2001, prepared by Freeland. —
Clinkscales & Associates, Inc. of NC as drawing number h21126c.
7. BEING all of that certain 6.43 acres portion of Tract 1-1 located on the west side of
Ecusta Road and described as all of Lot 1-K as shown on plat entitled "Boundary Survey
Olin Corporation" recorded in Plat Cabinet 2, Slide 370-A, in the Office of the Register
of Deeds of Transylvania County, North Carolina, which is bounded on the east side by 1
the centerline of Ecusta Road (S.R. 1512) (formerly Vanderbilt Road) as more
particularly shown on that certain survey dated June 28, 2001, last revised August 3,
2001, prepared by Freeland — Clinkscales & Associates, Inc. of NC as drawing number
h21126c.
8. BEING all of that 13.00 acre tract, known as the "Comer Lot," per survey by Freeland-
Clinkscales & Assoc., Inc. of North Carolina, dated June 2, 2001, as drawing number
H21126d and more particularly described as: all that piece or tract of land lying on the
eastern margin of Ecusta Road (S.R. 1512) (formerly Vanderbilt Road), a sixty (60) foot
public right-of-way and the southern margin of U.S. Hwy. 64-276, a one hundred fifty
partially within the City of Brevard, Transylvania County,
(150) foot public right-of-way, p Y Y :Ott
<'. :><;::::;;s:::;:c.;:;
North Carolina, beginning at an iron pin located at an intersection of the right of way of
Ecusta Road and U.S. Hwy. 64-276, standing N78-22-49E for a distance of 118.24 feet
from the most northern iron pin on Cantrell property; thence with southern margin of
U.S. Hwy. 64-276 for two (2) courses to -wit: N15-49-37E for a distance of 125.26 feet to
an iron pin; thence N45-34-51E for a distance of 222.75 feet to an iron pin; thence
leaving U.S. Hwy. 64-276 and running three (3) new calls with property of P. H.
Glatfelter (Ecusta Division) N72-50-21E for a distance of 60.14 feet to an iron pin; /
thence S34-51-12E for a distance of 1118.78 feet passing through an iron pin at 1038.78
feet to an iron pin; thence S71-13-51 W for a distance of 100.00 feet to an iron pin; thence
N65-40-35W for a distance of 112.52 feet to an iron pin; thence S71-13-51W for a
distance of 714.38 feet to an iron pin on the eastern margin of Ecusta Road (S.R. 1512);
thence with Ecusta Road for two (2) courses to -wit: a curve to the left with a chord
bearing of NO1-01-OSE for a distance of 45.64 feet (R=4120.12; L=45.64') to a point;
thence NO1-14-53W for a distance of 794.16 feet to the Point of Beginning,
CONTAINING 13.00 acres more or less."' <y < ?' i> ' `°+:•r:i>
C-833949v03_ 17215.00011 7 '

000,720
9. BEING all of that certain 10.13 acre tract known as "Happy Hollow," per survey dated
June 2, 2001, by Freeland-Clinkscales & Assoc., Inc. of North Carolina, as drawing
number H21126d and more particularly described as: all that piece or parcel of land
lying on the Northern boundary of U.S. Hwy. 64-276 in the City of Brevard,
Transylvania County, North Carolina, beginning at an iron pin on the eastern boundary of
the U.S. Forest Service, standing S08-01-05W for a distance of 199.50 feet from a
U.S.F.S. concrete monument on the northern side of the Davidson River, also S08-01-
05W, 143.91 feet from an iron pin on the northern bank of the Davidson River, and
running with the property of P. H. Glatfelter Co. and somewhat parallel with the
Davidson River S57-09-42E for a distance of 348.65 feet to an iron pin on the northern
margin of U.S. Hwy. 64-276, a one hundred fifty (150) foot public right-of-way; thence
with highway S45-34-5 I W for a distance of 852.71 feet to a concrete monument; thence
leaving U.S. Hwy. 64-276 and running with property of Tinsley, as described by
instrument recorded in Book 115, Page 310, N49-06-04W for a distance of 1029.99 feet
more or less to a called for concrete monument at the property of the U.S. Forest Service;
thence with U.S. Forest Service for two (2) courses to -wit: S84-26-02E for a distance of
1069.36 feet to a U.S. Forest Service monument; thence N08-01-05E for a distance of
217.36 feet to the Point of Beginning. Containing 10.13 acres more or less.
LESS AND EXCEPT all that 39.44 acre tract or parcel of land located in Transylvania County,
North Carolina, shown as Lot 2 on that Special Subdivision plat entitled "Record Map of Lots 1
& 2 (Parcel I -A)," prepared by Freeland-Cliftkscales & Associates, Inc. of N.C., dated June 24,
2003, and recorded in Plat Cabinet 10 Slide 0 1 in the Transylvania County Public
Registry.
TOGETHER WITH any rights ' of Grantor set forth in that Agreement between Carr Lumber
Company, a North Carolina corporation, and Ecusta Paper Corporation, a North Carolina
corporation, dated April 19, 1938 and recorded in Book 73, at.Page 52 in the Transylvania
County Public Registry, and amended by Agreement between Carr Lumber Company, a North
Carolina corporation, and Ecusta Paper Corporation, a North Carolina corporation, dated May
27, 1938 and recorded in Book 73, at Page 72 in the Transylvania County Public Registry.
TRACT 2:
BEING all of Lots 2A, 2B, 2C, 2D, 2E, and 2F as shown on plat entitled "Boundary Survey Olin
Corporation" recorded in Plat Cabinet 2, Slide 371 -A, the same constituting all of Tract 2, as per
such recorded plat, in the Office of the Register of Deeds of Transylvania County, North
Carolina, and the same being shown on that certain survey dated June 28, 2001, last revised
August 3, 2001, prepared by Freeland — Clinkscales & Associates, Inc. of NC as drawing number
h21126c.
TOGETHER WITH any rights of Grantor set forth in that Deed from Carr Lumber Company, a
North Carolina corporation, to Buchan Lumber Company, Inc., a North Carolina corporation,
dated September 29, 1958 and recorded in Book 122, at Page 201 in the Transylvania County
Public Registry.
C-833949v03_ 17215.00011 8

000721
TRACT 3:
BEING all of Lots 3A, 313 and 3C as shown on plat entitled "Boundary Survey Olin
Corporation" recorded in Plat Cabinet 2, Slide 371-A, the same constituting all of Tract 3, as per
such recorded plat, in the Office of the Register of Deeds of Transylvania County, North
Carolina, and as shown on that certain survey dated June 28, 2001, last revised August 3, 2001,
prepared by Freeland - Clinkscales & Associates, Inc. of NC as drawing number h21126c.
TRACT 4•
is
BEING all of Tract 4, as shown on plat entitled `Boundary Survey Olin Corporation" recorded in
Plat Cabinet 2, Slide 371-A, in the Office of the Register of Deeds of Transylvania County,
North Carolina, and as shown on survey dated July 28, 2001, prepared by Freeland - Clinkscales
& Associates, Inc. of NC as drawing number h21126c.
TRACT 5:
BEING all of Lots 5A and 5B as shown on plat entitled "Boundary Survey Olin Corporation"
recorded in Plat Cabinet 2, Slide 371-A, the same constituting all of Tract 5 as per such plat, in
the Office of the Register of Deeds of Transylvania County, North Carolina, and as shown on
survey dated July 28, 2001, prepared by Freeland - Clinkscales & Associates, Inc. of NC as
drawing number h21126c.
TRACT 6:
BEING all of Lots 6A, 613, 6C, 61), 6E, 6F, 6G, 6H, 6J, 6K, and 6L as shown on plat entitled
"Boundary Survey Olin Corporation" recorded in Plat Cabinet 2, Slide 371-A, the same
constituting all of Tract 6 as per such plat, in the Office of the Register of Deeds of Transylvania
County, North Carolina, and as shown on survey dated June 28, 2001, last revised August 3,
2001, prepared by Freeland - Clinkscales & Associates, Inc. of NC as drawing number h21126c.
TRACT 7:
BEING all of Tract 7, as shown on plat entitled "Boundary Survey Olin Corporationrecorded in
Plat Cabinet 2, Slide 371-A, in the Office of the Register of Deeds of Transylvania County,
North Carolina, and as shown on survey dated June 28, 2001, last revised August 3, 2001,
prepared by Freeland - Clinkscales & Associates, Inc. of NC as drawing number h21126c.
TRACTS:
BEING all of Tract 8, as shown on plat entitled "Boundary Survey Olin Corporation" recorded in
Plat Cabinet 2, Slide 370-A, in the Office of the Register of Deeds of Transylvania County,
North Carolina, and as shown on survey dated June 28, 2001, last revised August 3, 2001,
prepared by Freeland - Clinkscales & Associates, Inc. of NC as drawing number h21126c.
TRACT 9 (PARKING LOT TRACT):
Notwithstanding that the land described below is part of the land excepted as Item 5 above from
the description identified as Tract 1-1 above, the land described below is intended to be
N:� i:l�l<T .:: •.• �.:.•. . .;'•fill :.
conveyed.
%:;::rt•.:s•`'%1'.1?;..>°
C-833949v03_ 17215.000II 9
,.

is
� t.^
k.
C— 0018 3
000722
BEING all of that certain n 99 acre tract of particularly described as follows: d located inBevard Tovnnship, Transylvania
County, North Carolina, ao
t comer of the
eing the
tern MOS
BEGINNING at a concrete Credit Union, ither now or formerly, asdesc bed in Deed Book
property of Ecusta Employees and located in the eastern margin of the
266, Page 81, of the Transylvania6(o e my Regisifty, (150) foot public right-of-way), the point
right -of --way of U.S. Hwy
and place of BEGINNING; thence from the point of BEGINNING with the soufib d
l wes ern
custa Employees Credit Union, either now or formerly, des
boundary of the property of EsSouth
by instrument recorded in Deed 266, Page 81, of the Transylvania County Registry,
27° 00' 15" East 209.93 feet to concreteeither now or formerly, a described by instrument boundary; thence with the southern recorded n
the property of Richard Jennings, the following five (5) calls: (i) South
Book 389, Page 6, of the Transylvania County Registry to
26' 47' 16" East 93.27 feet to an iron pin; (ii) thence with a curveadnhs of 210100 fee and e left with a chord bearing
arc
and -distance of South 56° 28' 01" East 206.47 feet and having
( ) and (v) thence with a curve to the left
length of 215.85 feet to a railroad spike; IIl South 85° 51' l9" Eat 418.80 feet to an iron pin;
(iv) South 85' 51' 19" Eat 206.85 feet to an iron pin;feet
` having a chord bearinfeet to andistance on pin, such
iron pin being located in the western f North 48* 28' 19" East 35.06 feet and a radius ofmargin
and an arc length of 38.85
of the right -of --way of Ec nRo n ce hShRWe tern 12) moargnlof the right -of y Vanderbilt rm
way) of Ecusta Road the
foot public right-of-way;
following two (2) calls: (i) South OS° 41' 28" West 1123.22 feet to a concrete monument four
and (ii) South 05° 51' 47" West 87.75 feet to an iron pin; thence as described Y with
hithe bound eies ofd hn
te
property of Gary D. Adcock, either now or formerly, of C. W. Ramer, either now or
Book 231, Page 35, and Book 264, Page 126, and the property
ty
formerly, as North
by instrument 9' 29" West 127.48 feet to ain Book concre ePage 94, of the monument found; thencecontinuingl
Registry, North
with the boundary of C. W. Ramer North I 23' 58" East 83.99 feet. to a concrete monument
found; thence with the property of C. W. Ramer and the property of Charles Carr, either now or
age 647, of the Transylvania
formerly, as described by instrument recorded d Book her w
County Registry, and the property of Charles Hudgins, either now or formerly, as described by
s 52
instrument recorded , Bo
ok 110, Page 107, of the Transylvania County Registry, and2 otf the
through 55, inclusive, of the Vernon 1orth 8� 59' S18° Subdivision,as
sshown in 315.56 feetat t Book
one ete monument
Transylvania County Registry, of
ls
found; thence with the eastern of Lots 63 throug
d Lot 14 of he Hillside Heights Subdivision, as shown in Plat Vernon Book12,
Subdivision, and Lot 13
Page 46, and the property Deed Book 219, Page 770, fof C. W. Rainer�the Transylvaniaeither now or County Registry North 06 instrument53' 22"
recorded in at 659.42
Eat 693.23 feet to an iron pin and passing a concrete monument foundethe Ramer
et; thence
with the Ramer Property North 38° 44' S9" West 400 feet to an iron pin; thence with
Property North 58° 59' 59" West 100 feet to an iron pin; thence with the Ramer Property and the
r formerly, as described by instrument recorded in
property of Bedford50 ofWatson,
Transylvania Countyegistry North 39' 30' 00" West 210 feet to an
Book 256, Page 7
iron pine 1yen described with the Bedford W
by in trumaent tson recorded in B ok146, Page 82, of Property and property of Harrison the Transylvan a
or form ,as
County Registry, North 24° 59 59 West 150 feet to an iron pin; thence with the Harrison ueen
Property North 35 4 5"00" West171.50 feet to a concrete monument found, such of concrete
monument being located in the southeastern margin of the one hundred fifty (150 public
�;:,��• t;.:yiS:,l:rt!!;t!gh��.t!'1!:.';!w!�i3�rd:i:Ntc� 'S�..;
C-833949vO3_ 17215.00011 10

C-833949v03_ 17215.00011 1 1

600183
()00724
EXHIBIT B
UNITED STATES BANKRUPTCY COURT
F i
WESTERN DISTRICT OF NORTH CAROLINA. 4%,
ASHEVILLE DIVISION i ^
oi"
Chapter 11 ear
In re:
RFS ECUSTA INC. and
RFS US INC., Case No.: 03-10360
Cime:No-.: 03-10358
a0slsff Eff-'ILM ON- JUL 12003
Debtors.
Jointly Administered
S=.0RDER.AUTH0.RIZINPSALE 'OF SUBSTANTIALLY ALL
.T.HE
OF THE -DEBTORS': . AS . SETS FREE A:ND'CLEAR OYALL LIENS; ' CLAIMS,
-0 OTHER INTERESTS AND EXEMPT FROM STAMP
ENCUMBRANCES, AN.
OR SE&LAR TAXES; AND THE CONSUNEN1 ON OF ALL.TRANSACTibNs
RELATED THERET6.f: PURSUANVTO-BAINKRUPTCY CODE SECTIONS
105,-363, A . ND I 146AND BANi4tTT 6Y4dtS'2002i 604, AND 6006
The above. -captioned '.debtors and debtors -in -possession. (collectively; the "Debtors"),
havingfiled their fourth motion, dated June. 3, 2003 '(the. "Bulk Sale Motion�% pursuant to §§
7'
105 and 363 of I Title 11 of the United States Code .(the '.B ankruptcy' Code!') for an order
authorizing the sale of substantially 01 of the Debtors' remaining *assets to New Tech
Environmental, Inc, or an entity to be formed by or an affiliate ofNew Tech Environmental, Inc.
.4
that is assigned the rights of and assumes theobligationsofNew Tech Environmental, Inc. under.
the Transaction Documents'(as hereafter defined): (the "Purchaser"), free and. blear of all . I liens,
claims,' encumbrances, and other interests, authorizing the Debtors to consummate all
transactions related to the above, and granting such other relief as is fair and equitable; and due
and proper notice of the Bulk Sale Motion having been given; and all responses to the Bulk Sale
Motion having been withdrawn, resolved, or overruled; and after due deliberation and sufficient
cause appearing therefor,
C-928193vO5_ IPMS.Mll

q00 r25
IT IS -HEREBY FOUND AND DETERMEIED THAT;
to hear and determine the Bulk Sale Motion and all
A. This Court has jurisdiction
§§ 1334 and 157. Venue of this proceeding in this district
related matters pursuant to 28 U.S.C.
§ The Bulk Sale Motion constitutes a core proceeding
is proper pursuant to 28 U.S.C. 1409.
pursuant to.28 U.S.C. § 157(b)(2)(A), (B). (�
and (0)
B. Proper, timely, adequate and sufficient notice of the Bulk Sale Motion and the
sale of the Assets (as hereafter defined) was provided pursuant to Bankruptcy Rules 2002, 6004,
and 6006, and previous •orders of this Court,. and such notice was reasonable, sufficient and
sented. No other or Airth6r. notice of the Bulk
appropriate under the circumstances PreSale.
er is necessary.:
Motion or the entry-ofthis OrdA reasonable opportunity to object, respond, or to
otherwise be heard: regarding .the relief requested in the Bulk Sale Motion has been afforded to
all interested.parties: -
C. The Debtors.;are the.sole and.•aawful.owners.of all the Assets, and the Assets.
pending the consummation of the sale, hf;r ' er, constitute 'property of the Debtors' estates
pursuant to § O% t Code: .
541 a of the B.ankrup cY •
to: 1
D. The Debtors have determined 411.the exelcise of their business judgment, ()
>• title, and .interest n iand to the Assets upon the terms
sell all of their right and conditions set
:.:..
afe all transactions contemplated herein and in the Transaction
forth herein; and (ii)consumm
sixth decretal paragraphs below).
Documents (subject to the provisions in the fourth through tc Code
E. The provisions. of §§ 363(b), 363(f), 363(m), and 363(0) of the Bankruptcy
have been complied with and are applicable as to the Assets.
in (i). have full corporate power and authority
F. The Debtors, as debtors possession,
and all other documents contemplated by the Bulk Sale
to execute the Transaction Document's
n.R2R193v05 17215.00011

000183
000'726 i
Motion with regard to the Assets, (ii) have all of the corporate power and authority necessary to
consummate the transactions contemplated by the Bulk Sale Motion with regard to the Assets
and the Transaction Documents, and (iii) have taken all corporate action necessary to authorize
and approve the sale described in the Bulk Sale Motion and the consummation by the Debtors of
the transactions contemplated thereby.
G. The Debtors have demonstrated sound business justifications for the sale in
accordance with the Bulk Sale Motion and the Letter Agreement (as defined below) and the
other transactions and actions contemplated. by the Bulk Sale Motion,with.regard'to the Assets
pursuant to. §.363(b) of the Bankruptcy .Code; outside of a. plan of reorganization, and it is a
reasonable exercise of the.Debtors' business juQment to execute, deliver and consummate the
Transaction Documents. with the Buyer :and consummate. the transactions contemplated by the
Transaction Documents.
H. Consummation of the; sale. of the .Assets: as contemplated herein and in. the
Transaction Documents is in ;the best interests of the Debtors, their estates, creditors, equity
security holders, and other parties in.interest. .
I. The sale of the .Assets is properly authoriz6d:under all applicable provisions:of the
Bankruptcy Code, including withoui limitation: §§ 105, 363, and 1146 of the Bankruptcy Code.
J. The sale of. the Assets contemplated 'herein represents the highest or otherwise
best offers received for the Assets following the conduct of an open and complete sale process
(including a public auction) reasonably calculated to yield the highest or. otherwise best offers for
the Assets.
K.• The consideration provided by the Purchaser for the Assets (i) is fair and
reasonable, (ii) constitutes reasonably equivalent value, reasonable market value and fair
G822193v05_ 1720.00011 3

000183 000 72'7 .
consideration for the Assets under the Bankruptcy Code and under the laws of the United States,
any state, territory, possession or the District of Columbia, (iii) is the highest or otherwise best
offer for the Assets and (iv) will provide a greater recovery for the Debtors' creditors and other
interested parties than would be provided.by any other practically available alternative.
L. The transfer of the Assets to the Purchaser under the Transaction Documents will
be a legal, valid, and.effective transfer of the Assets and will, upon the.occurrence of -the Closing
(as hereafter defined), vest in the Purchaser all right, title and interest .of the Debtors in the
Assets free and clear of -all liens, claims, encumbrances, and other interests, including, without
limitation, mortgages,: security interests, pledges, liens, ceplaceinent liens, judgments, demands,
encumbrances; or'charges of any kind or.nature,'.;if'any, including, but not limited to, any
restriction on. -the transfer, receipt of income or othei` exercise. of any attributes of ownership
(collectively, "Liens'), and all debts arising in -,any way. in connection with any. acts of the -
Debtors, claims (including but not limited to "claims'•. 'as.that term is defined in the Bankruptcy -
Code), obligations, demands, guaranties, interests,.and matters of any kind and nature, whether
arising prior to or subsequent to the commencement, of these Chapter 11 cases, and whether
imposed by agreement, understanding, law, equity, or otherwise, including, but not limited to,
n an way relating to the
out of in connection with, or t y . y g
those relating to taxes arising under or ,
operation of the Debtors' businesses prior to Closing (collectively, "Claims"), with all such
Liens and Claims, and any and all other interests to attach to the net proceeds of sale (the "Sale
Proceeds") of, and with the same force, effect and priority as such Liens, Claims and other
interests had against, the Assets, and ' holders thereof shall be permanently enjoined from - -
asserting such against the Assets and the Purchaser and shall look solely to the Sale Proceeds.
. . „' :�s' 4. .to-•: �::
. {F • in-e ,�; :;�. ••,::i;I::i,:,;x:�:::,:;,.,:.
c sast9s,,os_ rms.000tt 4

WX
X.
.. ..............
..........
000,728
M. As a condition to purchasing the Assets, the Purchaser requires that the Assets be
sold free and clear of all Liens, Claims and other interests and that it shall have no liability
whatsoever for any. obligations of or Clalffis against the Debtors, except as may be expressly
permitted in the. Transaction Documents. The Purchaser would not enter into the Transaction
Documents and consummate the transactions contemplated by the Bulk Sale motion, thus
X
.0
adversely affecting the Debtors, their estates, and their creditors, if the sale of the Assets to the
Purchaser was not -free and clear of all Liens, Clairfis and other interests of any kind or nature
whatsoever, or if the Purchaser would, or in the fat6re could, be liable for any such Liens or
Claims and if the transfer of the Ass - ets 6ould:not be -.made under § 363 of the Bankruptcy Code.
-
N. The transfer -of the Assets 'to -the Pufchaser free and clear of all Liens, Claims and
other interests will not result in_ any undue, burden, or prejudice to any holders of any Liens;
Claims or other interests since all' . such Li6ns'.a'nd C-laims:of any kind or nature whatsoever shall
attach to the Sale' Proceeds in the .order 'of their priority, With the same validity, force and effect
which. they now have as against the. Assets, subject to- any claims and. defenses the Debtors or
ay possess with respect thereto.
other parties may
0.- The . Letter Agreement was . negotiated, proposed and agreed to by the Debtors and
'es thereto without collusion, -in. good - faith; and from arm's-length
the Nrchaser as parties
bargaining* positions. The Debtors and the Purchaser have at all times acted in good faith and in
accordance with applicable law. The Purchaser is a good faith: purchaser for value with respect
to the Assets under § 363(m) of the Bankruptcy. Code and will be acting in good faith pursuant to
§ 363(m) of the Bankruptcy Code in closing the transaction. contemplated by the Bulk Sale
Motion 'and the Transaction Documents in accordance therewith. By reason of the foregoing,
upon Closing, the Pu . r6haser will I be entitled to all of the protections afforded under § 363(m).
R.
C-929193v05 17215.00011 5

000183 000'729
` Neither the Debtors nor the Purchaser has engaged in any conduct that would cause or permit the
Transaction Documents to be voided under § 363(n) of the Bankruptcy Code. The sale of the
Assets approved by this Order is not subject to avoidance pursuant to § 363(n) of the Bankruptcy
Code, and the :consideration provided by the Purchaser for the Assets under the Transaction
Documents (including, upon its execution, the Asset Purchase Agreement) shall be deemed to
constitute reasonably equivalent value and fair consideration.
P. Other than with respect to the Assumed Liabilities (as defined below), the
Purchaser shall ;not by virtue of this Order or. the Transaction Documents or the transactions
contemplated hereunder or thereunder, be deemed to have "successor" liability or responsibility
for claims against or obligations of Debtors. arising prior to .or as a result. of the purchase and sale
of the -Assets hereunder.
Q. The sale of the .Assets'to the Purchaser. will maximize the value of the Debtors' ;
estates and is in contemplation of the implementation of,•a plan of liquidation and necessary to
the confirmation and consummation -of any .such plan.. Accordingly, the sale of the Assets shall
be deemed a sale "under;a plan" within the •meaning.of § 1146(c), of the Bankruptcy Code and
shall be exempt from any and all. stamp taxes, recording taxes., and similar.taxes, including
without limitation any real estate transfer tax and any realty property transfer tax, although such ;,;_;:;:;•.
sales do not constitute a sub rosa plan.of reorganization. The Asset Purchase Agreement is not a
sub rosa Chapter 11 plan for which approval has been sought without the protections that a
disclosure statement would afford and is not in violation of creditors', and equity security interest
holders' voting rights.
k The relief requested in .this Bulk Sale Motion is reasonable and in the best
interests of the Debtors' estates and creditors.
c-8:8193va5_ 17215.00DII 6 4

00018.3
000'730
�iOW, .THEREFORE,.IT IS HEREBY:
ORDERED. that the Bulk Sale Motion is granted; and it is further
ORDERED that all responses to the Bulk Sale lviotion have been withdrawn or otherwise
resolved, or are hereby overruled; and it is further
ORDERED that the letter -agreement (the "Letter Agreement!'), to be entered into by and
aser, and the Debtors' secured lender in these cases (the "Lender"),
among the Debtors, the Purch
a substantially complete draft of which was attached to the Bulk Sale Motion as exhibit A, is
hereby. approved; and it is further
ORDERED that the Debtors are authorized to negotiate and execute an asset purchase
Agreement;'; and• together with the. T:etter Agreement, the
agreement (the "Asset Purchase.
"Transaction Documents,,): with'the Purchaser setting forth the definitive.terms of this sale,
subject only to the prior written consent of the Lender. and the official committee of unsecured - -
creditors (the •"Committee"), to the : form and substance thereof', provided however that the
Debtors shall provide the union'representing the Debtors' former hourly employees ("PACE")
and the Bankruptcy Administrator for the Western District- of North •Carolina (the "Bankruptcy
Administrator") notice and three. business. days' opportunity to:object to the form of the Asset
Purchase Agreement prior to its execution;- and it is further
ORDERED that if the Debtors and the Purchaser negotiate and execute an Asset
if the Committee and the Lender expressly consent in writing to such
Purchase Agreement, and
Asset Purchase Agreement prior to its execution, and if PACE and the Bankruptcy Administrator
do not timely file an objection to such Asset Purchase Agreement prior to its execution, then the
Asset Purchase Agreement is hereby deemed to be approved as of its execution; and will be
`y%
?F,t�i'ii�•r,.•'.,kh, f+:C;`.t,i�,;; •;{i!r':i�•.,•; ;y'.;;ii>.

000183
000131
effective and binding on all parties upon execution thereof without further order of this Court;
and it is further
ORDERED that in the event that'the Debtors, the Purchaser, the Committee, and the
Lender do not agree on the form and substance of an Asset Purchase Agreement, or PACE or the
Bankruptcy Administrator timely.files an objection to such Asset -Purchase Agreement prior to
the execution thereof, this Court will schedule and conduct an expedited hearing thereon at the
earliest date available on the C.ourt's calendar; and it is further
ORDERED that all of the terms, .conditions, actions, rights, remedies, and obligations
contained in each and 'any, of the Transactioo Documents .(including', upon its execution, the
Asset Purchase Agreemeni),:including but'not.limited to the funding obligations 'related to the
Debtors' operations, the .sale .of .certain of the Debtors' assets, the use of cash collateral, and the
access to the Debtors' facilities, .is hereby approved and is binding on all parties thereto; and it is
further .
ORDERED that Tim McMillan. is hereby. authorizedto execute on behalf of the Debtors
the Transaction Documents and all.: other .documents necessary to consummate the transaction
jauthorized in this Order; and. it is further
ORDERED that so long as he acts in accordance with the terms of this Order and in the
absence -of gross negligence or wilfull misconduct, Jim McMillan (a) shall not be subject to any
personal liability for any: claims arising from his participation in the consummation of the
transaction authorized in this Order,.(b)'is.hereby released by the Debtors,.TBCC, the Committee
and the Purchaser from any such liability; and (c) no party may make a claim against Tim
McMillan for any act or omission arising in connection with his participation in the
consummation of the transaction authorized in this Order, and it is further
C-826193v05_ 17215.00011

a00I-83
000732
ORDERED that within one business day of the entry of this Order, the Purchaser shall
pay $50,000 as a good faith deposit (the "Deposit"), such Deposit to be treated in accordance
with Paragraph 6 of the LetterAgreement; and it is further
ORDERED that to the extent the Purchaser identifies one or more of the Debtors'
" be purchased and assigned
e to
" eas s.
L P
and/or unexpired leases (the )
executory contracts
pursuant to the Transaction Documents (including, upon .its execution, the Asset Purchase
Agreement) and hereto; the -Debtors shall .promptlyfile- a motion pursuant to § 365 of the
BanlQuptcy Code for authority to assume such Leases anal assign them to the Purchaser, and the
Purchaser will be'responsible for allcure'costs associated therewith; and it is further
ORDERED that on or before the closing of the sale .(the "Closing"), the Purchaser shall
to the Debtors in cash, certified'check wire transfer, or other immediately available funds
pay.
_ acceptable to the Debtors, the Purchase Price (as defined iielow);.and it is further _
ORDERED that the Debtors. are. authorized to sell to the Purchaser all of the Debtors'
assets, except for tfiose assets specifically identified in the Transaction Documents as
remaining
therefrom, "AS IS; W=RE IS," -without recourse and without any representations or
excluded
warranties (except as may be set forth in this Order or the Transaction Documents), for the price
+� ect to'a potential Purchase Price reduction not to
(the "Purchase Price"). of $1.3* million, sub p
k `° »;`<i>.`
`
exceed $50,000, as identified in the Transaction Documents, and to consummate the transactions
contemplated in the Transaction Documents.(including, upon its execution, the Asset Purchase
Agreement) with the proceeds to bepaid by Purchaser at Closing to be deposited into the
Debtors' Account No. 001952624378 at First Citizens Flank; and it is further
ORDERED that the Debtors are, without any further corporate authorization, authorized
to execute and deliver, and empowered to perform under, consummate and implement, the
C-82819305 15215.00011 9

000183
I
Transaction Documents (including, upon its execution, the Asset Purchase Agreement), together
with all, additional instruments and documents that may be reasonably necessary or desirable to
implement the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement), . and to take all further actions as may be necessary for the purpose of assigning,
transfemng, granting, conveying and conferring to the Purchaser or reducing to the Purchaser's
possession, the Assets, 'or as may.be necessary or appropriate to the performance of the
obligations as contemplated by the Transaction Documents (including, upon its execution, the
Asset Purchase Agreement); and it is. further..
ORDERED that except -as expressly set forth in the Bulk Sale Motion, the Transaction '
• ' Documents (including, upon. its execution, the Asset Purchase Agreement) or this Order, the .
Purchaser assumes noemployee liabilities •that'arose prior to Closing,. including any accrued but
unbilled liabilities; and it is further
ORDERED that the transfer of the Assets to the -Pure iaser.pursuant to, and subject'to the
terms of the Transaction Documents :(including, upon 'its .execution, the Asset Purchase
Agreement) shall constitute a legal, valid and effective transfer of the Assets, and shall, upon the
occurrence of the Closing; -vest in the Purchaser.pursuant to § 363(f) of the Bankruptcy Code all
right, title and interest of the:.Debt r - • i o s rn and to the a licable Assets to be
.. • PP acquired. -by such 1..:.:..•.::.:.,,..;;.::.::•:.::;:;>•::;:;, ::,.
Purchaser free and clear of all Liens, Claims and other . interests of any kind or nature
whatsoever, with all such Liens, Claims.and other interests to attach to .the Sale Proceeds in the.
order of their priority, with the same validity, •force and effect which they now have as against
the Assets, subject to the terms of this Order and the.rights, claims, defenses, and objections, if
any, of the Debtors and all interested parties with respect to such Liens, Claims, and other
interests; and the holders of such Liens, Claims, and other interests shall be permanently
Gn ,t<l. , it t �> 2' I Ij�•.<
C-S28193v05_ 17:15.00011 10 .
000'733

X.. .. ... ..
...... .. .......... .... ... . .... ...... ... .... ..
000183
oOO734
enjoined from asserting such against the Assets or .the Purchaser and shall look solely to the
proceeds of sale; and it is further
ORDERED that this Order (a)- shall be effective as a determination that, on the Closing
dat6 with respect to any Assets, and subject to the occurrence of the Closing, all Liens, Claims
and other interests of any kind or nature whatsoever exist*ing prior to the Closing as to the Assets
transferred' on such Closing date pursuant to the Transaction Documents (including but not
limited to any claims under any applicable revenue, pemio.n, ERISA, tax, labor, environmental
or natural, resource law, rule or re&lati6r4 or any -products liability law) have been'
unconditionally released and terminated as to sucb.AsSets, and that. the. conveyances 'described
herein have been effected, and.(b) shall be binding uip6n. and shall goverri• the acts of all entities,
including without limitation, all filing: agents, gents, filing officers; .title agents, title. companies,
recorders of mortgages" -recorders.. of 'deeds; registrars of. administrative -agencies,
govemmental departments, secretaries of state, federal, :state, %arid' local officials, and all other
persons and -entities who may be required by opetatioft of -law, fhe'dudes of their office, or -
contract,to accept, file, register or otherwise record or reldaseany. documents or instruments, or
state of title in or to any of the Assets; and it
who maybe required to report or insure any title or:
is further
ORDERED that except as, expressly permitted 'or otherwise specifically provided for in
the .Transaction Documents (i . ncluding-, upon its execution, the Asset Purchase Agreement) or
this Order in respect of the Transaction Documents -(including, upon its execution, the Asset
Purchase Agreement) or the Assets to be transfer -red by. the Debtors, the Purchaser shall have no
liability or responsibility for any liability or othd obligation of the Debtors arising under or
related to such Assets and, to the extent allowed by law, the Purchaser (and its officers, managers
C-928193YM

O00183 000?35
and members) shall not be liable for any other claims against the Debtors or any of their
r affiliates,
liates, and the Purchaser shall have no successor or vicarious liabilities of an
predecessors oy
unknown as of -the Closing under. the Transaction
kind or character whether known or
now existing or '
Documents (including,' upon its execution, the Asset Purchase Agreement),
Debts or any obligations of
ect to the or . ,,•;,,.;,;::,;
with
hereafter arising, whether fixed or -contingent, resp
Closing under the
the Debtors, other than the Assumed Liabilities, arising prior to the
Transaction Documents . (including, 'upon its execution, the Asset Purchase Agreement),
liabilities under any
revenue,, pension, ERiSA, tax, labor,
including, but not limited to, any .
environmental or natural resource law,• 'rule or regulation; or any products Lability law, arising,
r in anyway relating to the•operation of
accruing, or payable under; out of in connection with, o
the Debtors' businesses prior to the Closing; and. it is further.
ORDERED that this Courtretains and. shall havf: exclusive jurisdiction to endorse and
implement the terms and. provisions of this Order, the Transaction Documents, all amendments
s executed in connection
thereto, any waivers and consents thereunder, and *each of the. agreement
and duties of the..parties hereunder or thereunder or any
therewith in: all respects or the rights
of the
of the foregoing, and to• resolve any. dispute concerning any. .
issues relating to any g g,::::::::::::'.<::;•::;::::e<>:;:::<::.::..
'retaining J urisdidion'to.(a) lnterpret the terms,
foregoing, including, 'but' not limited to,
,
conditions and provisions of any of the foregoing, (b) .compel delivery of the Assets to the
specific performance of any act to be performed
Purchaser or order the by the Debtors or any
mmate the safe,' and (c) compel 'delivery of the Purchase Price or
other pity to consu
performance of other obligations owed to the Debtors by the Purchaser;, and it is further
ORDERED that subject to Closing and consummation of the'transaction, each and every
federal, state and local governmental agency, recording office or department and all other parties,
12.
C.S29199v05 17215.00011 _ .. .

600183
person or entities is hereby directed to accept this Order for recordation as conclusive evidence
of the free and clear, unencumbered transfer of title to the Assets conveyed to the Purchaser; and
it is further
ORDERED that subject to Closing and consummation of the transaction, the provisions
of this Order authorizing the sale of the Assets free and clear of Liens, Claims and interests (with
such Liens and Claims to attach'to.the'proceeds of the sale of the Assets as provided in this
Order) shall be self-executing, and, neither the Debtors, the Purchaser nor any other party shall be
required to execute or file releases, termination statements, assignments, cancellations, consents
or other instruments to, effectuate, consummate and/or implement. the provisions •hereof with
respect'to the sale;.,12rovide however,; that this Paragraph shall not excuse such.parties from
performing any•and.ali of.the respective obligations under the Transaction Documents; and it is
....
further
; .. ....: ...• . .
ORDERED that if. any person :or entity that has filed financing statements, mortgage,
mechanic's liens, lis'pe.ndens, or other documents or agreements evidencing Liens or Claims
against or in the Assets shall not. have. delivered to the -Debtors.prior to the Closing date, in
proper form for filing 'and executed by the appropriate. parties, releases; termination statements,
truments. of satisfaction, or such other instruments to
assignments, •cancellations, consents, ins n,
Kae!%lief:'
effectuate, consummate and/or implement the provisions hereof with respect to the sale with
regard to all Liens. and Claims that the person or entity has with respect to the Assets or
otherwise, the Debtors or the Purchaser are hereby authorized and directed at Closing to file with
any federal, state or local governmental agency, recording office or department and all other
parties, persons or entities this -Order as conclusive evidence of the free and clear, unencumbered
• .. 4'r',:,%w:'i.i<;?2s '�i1e
i::hyL�J�;C� 5i„.
c-828193v05_ 172t5.00011 13 • '

r r
®®j-83.
000'73'7
::..
conveyed to the Purchaser.to effectuate, consummate and/or
transfer of title to the Assets
of the Assets; and it is furt
to the sale her
implement the provisions hereof with respect
ion Documents (including, upon its
that consummation of 'the Transact
D
ORDERS
Agreement). and the transactions contemplated therein and thereby
execution, the Asset Purchase
Debtor and the Purchaser or result in the
do not effect a de facto merger or consol idation of any
Purchaser is not the
Debtors' business under the Purchaser's control. The
continuation of the
of :the Debtors, nor is the Purchaser
.
alter ao oi; a successor in interest to, or a' continuation
for in the
for the Debtors' debts and obligations, unless specifically provided
able
otherwise li .
Transaction Documents or pursuant to this Order; and it is fiu they .: be, m
'Closing date may.
ORDERED that all entities that. are p resently, or on• the
ected to surrender Possession of the Assets
Assets are hereby dir•
possession ofsome or all of the
Closing date for .such Assets; and
purchaser on the it is fuel date
to the or liquidation)
plan. of reorganization
contained in any
ORDERED that.. .nothing• , .
:.
of confirm?lion confirming any- such plan. shall conflict
confirmed in these cases; -or ti .e order
(including, upon its
derogate from the •provisions: of the Trans' action Documents
with or
Purchase Agreement)- or the terms of this Order; and it is further
execution, the Asset
of authorization provided
ORDERED that the reversal or modification on appeal
the sale of such
the sale' of any Assets shall not affect the validity of
consummate
herein to cons g appeal nor to the
is duly stayed pend in such app P
Assets to the Purchaser, unless such authorization
Closing date with -respect to such Assets; and it is further
herein shall in
that notwithstanding anything herein' to the contrary, nothing
ORDERED
right.,;of the Debtors or any successor thereto (including any
any Y affect or diminish any
way under the
of the Purchaser' arising
chapter 11 or chapter 7 trustee) with respect to obliga ations
14
G828191v05_ 1'P_35.00011 -
.
..

000183
O0o73B
Transaction Documents- (including, upon its execution, the Asset Purchase Agreement) or this
Order. The terms and provisions of the Transaction Documents (including, upon its execution,
the Asset Purchase Agreement) and this Order shall be binding in all respects upon, and shall
inure to the benefit of, the Debtors, their estates, and their creditors, the Purchaser and their
respective affiliates, successors. and assigns and any affected third parties (including but not
limited to, all persons asserting Liens or Claims in the Assets to be sold to the Purchaser),
notwithstanding any subsequent appointment of any trustees) under any chapter of the
Bankruptcy Code, as to which triistee(s) such'terms and provisions likewise shall be binding; and
it is further
ORDERED that • in furtherance of the..foregoin&. in the event of the •conversion of the
Debtors' cases, any Chapter' 7 .trustee(s) shall. be obligated. to perform under the Transaction
Documents (including, upon its execution, the Asset'Purchase Agreement) to permit the Debtors' r
estates to realize the full value. of the sale to the Purchaser and to permit the Purchaser to
consummate the transactions 'provided •in and. contemplated. -by the Transaction Documents .:
(including, upon its execution, the Asset Purchasd-Agreement); and the Transaction Documents
(including, upon its execution, the Asset Purchase: Agreement). shall not be executory contracts
that such trustee(s) can reject, and the.Purchaser and the Debtors, and their respective successors, ,".:,:',:.:,{,. •-'y.„ .>.; >a
shall be entitled to the remedy of specific performance so as to be permitted to consummate the V
transactions provided in and contemplated by the Transaction Documents, as permitted under
applicable non -bankruptcy law; and it is further
ORDERED that the Transaction -Documents (including,. upon its execution, the Asset
Purchase' Agreement) and any related agreements, .documents or other instruments may be
modified, amended or supplemented by the parties in accordance with the terms thereof, without
... .. ... �ati+.ask{^M�:4�^Sti+Kp;w'd•.d"+�+'.�`:�,.•
C-918193vOS_ 1,715.00011 15 '

iv.
000183 0p0739
ks
further order of the Court, provided that any such modification, amendment or supplement does
not have a material adverse effect on the Debtors' estates and is, if occurring prior to the Closing
date, approved by counsel for each of the Debtors, the Purchaser, the Committee and the Lender;
and it is further.
ORDERED that all of the Debtors' interests in the Assets to be acquired by the Purchaser
shall be, as of the Closing date and upon the occurrence of the .Closing, transferred to and vested
in the Purchaser. Upon the occurrence of the Closing, this. Order shall be considered and
constitute for any and all purposes a full and complete general assignment, conveyance and
transfer of the Assets acquired by the Purchaser at such Closing under the Transaction
Documents (including, upon its execution, the Asset Purchase Agreement) and/or a bill of sale or
assignment transferring .good and marketable; indefeasible title and interest in the Assets
acquired by the Purchaser under the Transaction Docurrments. (including, upon its execution, the _
-Asset Purchase Agreement) to the Purchaser; and it is.finther-
ORDERED that as of the'Ciosing: date; 'the'Purchaser shall fie -hereby granted immediate
and unfettered access to the Assets acquired by the Purchaser; and it is further
ORDERED that if the Purchaser fails to pay the Deposit as set forth above, or breaches.
any other or further obligation hereunder, under 'the Letter Agreement, or, following its
execution, under the Asset Purchase: Agreement, (A) all rights of the Purchaser to the Assets
shall be immediately waived and/or. terminated, and'. 03) the Debtors may sell by private sale or
public auction, at their discretion, the Assets to another purchaser or purchasers pursuant to the
terms and conditions of the Expedited .Sale Order (as defined in the Bulk Sale Motion) or any
further or other order of this Court; and -it is further
_ .. .-
!`.M PI O'I./1C t^.')1 C Ml11 I 1 G
{4e�':iti:%.cif..'•:Sl:S;liii>}.t,;,:::l':..:',.i.
. •

O60183
o 00'740
ORDERED that immediately upon. consummation of the sale, the Purchaser shall assume
all liabilities and obligations in and relating to the Assets purchased by it hereunder (except for
the Liens, Claims, and other interests that are transferred and released by the terms hereof), and
those liabilities explicitly identified in the Transaction,Documents (including, upon, its execution,
the Asset Purchase Agreement) as assumed liabilities, and the Debtors shall have no other or
further obligations or liabilities related thereto; and it is further
ORDERED that the provision in Bankruptcy Rule 6004(g) staying .an order authorizing
the use, sale, or lease of property until the expiration .of 10 days after entry of such order is
hereby waived; and it is further
ORDERED that pursuant to § 1146(c) of the. Bankruptcy Code, .the making delivery, .
filing, or recording of:: (i) any deed, assignment or related transfer documents and (ii) any and all
other instruments of conveyance or. transfer. hereunder.: and under the Transaction Documents
(collectively.'the "Conveyances"), are :exempt from ,and shall° not be taxed under any Federal, -
State,%or local law imposing a recording:ta); stamp tax, transfer tax, or similar tax, including,
without limitation, transfer and recordation taxes applicable.to .deeds. and assignments of leases,
including.without limitation the any real estate'ti•ansfer tax and any real property transfer tax
kin arid. recordin officers are hereby authorized and
(collectively "Transfer Taxes."). All filing . g. .
directed to accept for recording or filing, and to record or. file immediately upon presentation
thereof, the Conveyances, without the payment of any such Transfer Taxes and without the
requirement or presentation of any affidavit .or form with .respect to any Transfer Tax regarding
the Conveyances. All governmental authorities ' or taxing authorities shall be permanently
enjoined from commencing or maintaining any action to collect from the Purchaser, the Debtors,
or the Assets any Transfer Taxes arising from the transfers to be effectuated under the
as28193�05_ 11215A0ou 17

U •ii':
f•�i
N.
000183 r 41.
9p� 1
Transaction Documents, and this Court retains jurisdiction to enforce the foregoing direction, by
contempt or otherwise; and it is further
ORDERED that the Debtors be, and hereby are, authorized to consummate the sale
contemplated hereunder without the necessity of complying with any state or local bulk transfer
requirements; and it.is further
ORDERED that.. the failure specifically to include any particular provisions of the
Transaction Documents (including, upon its execution, the Asset Purchase Agreement) in this
Order.shall.not diminish or impair the efficacy of such provisions, it being the intent of the Court
that such documents are approved in their entirety''
Dated: Charlotte, North Carolina
June 2003
(Dated as of dale ettteradj .
Chief United States Banki-upicy Judge
G82 i l9U05. 17215.00011

F41ed for registration on the c
Z0� at/a'elock in. and registere and
wrlfled on the _ dar OUSA
on b no: R(P ge
000 83 Reg a erof Deedv Transvhvania ly
0 0 O'742 ,'...
Excise Tax: None (See Order attached as Exhibit B)
SPECIAL WARRANTY DEED
G� uquSt i I,aoob
Tax Parcel Nos.: out of 8596-69-9440-000
Mail after recording to:. Robert W. Allen, Robinson, Bradshaw & Hinson, P.A., 101 North
Tryon Street Suite 1900 Charlotte North Carolina 28246
This instrument was prepared by: Robinson, Bradshaw & Hinson, P A (RWA)101 N. Tryon
Street Suite 1900 Charlotte, North Carolina 28246
Brief description for Index: Ecusta Road
THIS SPECIAL WARRANTY DEED made this jd day of , 2003,
by and between RFS US, INC., a Delaware corporation ("Debtor"), as Seller and hereinafter
called the "Seller", and ECUSTA REAL ESTATE 1, LLC, a North Carolina limited liability
company, hereinafter called the "Purchaser". Purchaser's mailing address is: P.O. Box 1119,
Pisgah Forest, North Carolina 28768. The terms Seller, Debtor and Purchaser as used herein
shall include such parties, their heirs, successors, and assigns, and shall include singular, plural, .:.' .
masculine, feminine or neuter as required by context.
.�, �a%Ilk y;N:i,'�,.1f3+.�,S.b.<:• ".�' giii:'S•'
C-93462002 17215.00011

i
t
(3ooI83
000'743
WITNESSETH:
WHEREAS, voluntary chapter 11 petitions under the United States Bankruptcy Code
were filed by the Debtor and RFS Ecusta, Inc. ("Ecusta") in the United States Bankruptcy Court
for the District of Delaware (the "DE Bankruptcy Court") on October 23, 2002;
,AND WHEREAS, the bankruptcy cases of the Debtor and Ecusta were transferred to the
United States Bankruptcy Court for the Western District of North Carolina (the "NC
Bankruptcy Court") pursuant to an order entered by the DE Bankruptcy Court on or about
March 28, 2003, and such cases are now pending in the NC Bankruptcy Court under case
numbers 03-10358 and 03-10360;
AND WHEREAS, the Debtor and Ecusta have been authorized to own, operate and
possess the property of the Debtor and Ecusta as debtors -in -possession by virtue of the
provisions of the United States Bankruptcy Code;
AND WHEREAS, after notices and hearings under the United States Bankruptcy Code,
the Debtor has been authorized by an order of George R. Hodges, Bankruptcy Judge for the NC
Bankruptcy Court to sell the real estate described in this Deed, and all creditors and other parties
in interest in this estate have had proper, prior statutory notice of the consummation of the sale of
the Realty (defined below), and there has been full compliance by the Debtor with the United
States Bankruptcy Code and the order of the NC Bankruptcy Court entered on July 1, 2003, a
true copy of which is attached hereto as Exhibit B, which order of the NC Bankruptcy Court is
incorporated herein by this reference.
NOW, THEREFORE, in consideration of the premises, and the sum of $64,750.00, the
receipt of which by the Debtor is hereby acknowledged, and pursuant to the order of the NC
Bankruptcy Court identified above, the Debtor has and by these presents does grant, bargain, sell
and convey to the Purchaser all that real estate, including all improvements located thereon,
C-834620Y02_ 17215.00011 2

®0®J-S3
()00 744
which is located in Brevard, Transylvania County, North Carolina, (the "Realty"), and which is
more particularly described on Exhibit A attached to and incorporated into this Deed by this
reference.
This conveyance is made subject to the following:
1. All encumbrances and other matters both of record and not appearing of record,
except to the extent the Realty is free and clear of the same by virtue of the order
of the NC Bankruptcy Court identified above.
2. All unpaid ad valorem taxes, except as otherwise paid, agreed to be paid or
prorated at closing.
3. The condition that the Realty, which includes all improvements located on the
Realty, is conveyed "as is, where is" and without any representation or warranty
of any kind concerning its physical condition.
TO HAVE AND TO HOLD the Realty, and all privileges and appurtenances thereto
belonging, to the Purchaser in as full and ample a manner as the Debtor is authorized and
empowered to convey. And the Debtor covenants with the Purchaser, in reliance. on the order of
the NC Bankruptcy Court identified above, that the Debtor has not created or granted any
encumbrances or interest which would be adverse to the Purchaser, and the Debtor has done
nothing to impair such title to the Realty as the Debtor received; and the Debtor will warrant and
defend that title against the lawful claims of all persons claiming by, under or through the
Debtor, except for the specific exceptions stated above.
C-83462002_ 17215.00011 3

0401W0745
IN WITNESS WHEREOF, the Debtor has caused this instrument to be signed in its corporate
name as duly authorized by the order of the NC Bankruptcy Court identified above, the day and
year first above written.
RFS US, INC.
By:�F�^' Y 1 L`�/^'/I �l�X (SEAL)
Jim MM Aill�zed Agent pursuant to the
Order of the Court attached hereto as Exhibit B
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
This 0% day of 2003, personally came before me Jim McMillan,
who, being by me duly sworn, sa that he is the duly authorized agent of RFS US, INC., a
Delaware corporation, pursuant to the Order of the U.S. Bankruptcy Court, entered on July 1, 2003,
and that said writing was signed by him, in behalf of said corporation, in accordance with the Order
of the U.S. Bankruptcy Court entered on July 1, 2003. And the said Authorized Agent
acknowledged the said writing to be the act and of said corporation.
�deed
p n
Notary Public
OFFICIAL. SEAL
S %��.
My commission expires: O P. N,m.Gw�. --
IREDELL COUNTY
LORETTA B. MICHAEL
[NOTARIAL SEAL] M Commission Expires mj.- 19, 2007
The foregoing Certificate of l— Q l�ll�/ .tom M i c 11 J
:;;:.;
;:iiis;:
is 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. (�
W5JYCvU Register of Deeds
4.
C•834620v02_ I7215.o00L 1 4

000183
000'746
EXHIBIT A
That certain lot, parcel, or tract of land located in Brevard Township, Transylvania
County, North Carolina, more particularly described as follows:
BEING all of Tract 1-2 as shown on plat entitled "Boundary Survey Olin Corporation"
recorded in Plat Cabinet 2, Slide 371 (the "Plat"), in the Office of the Register of Deeds of
Transylvania County, North Carolina (the "Registry"), and as shown on survey dated June 28,
2001, prepared by Freeland - Clinkscales & Associates, Inc. of NC as drawing number h21126d
and which is more particularly described from the Plat adding a call to separate Tract 1-2 from
Tract 1-1 which tract is shown on the plat recorded in Plat Cabinet 2, Slide 370-A, as follows:
Beginning at a concrete monument set (CMS 46 as shown on the Plat), the southeastern
corner of the Mackie Estate Subdivision as shown on Plat Book 1, Page 10 in the
Registry; thence N. 19-04-00 E. 496.90 feet to a point; thence N. 19-03-58 E. 16.50 feet
to a point; thence N. 19-04-00 E. 855.66 feet to a point; thence N. 73-32-20 E. 8.73 feet
to a point; thence N. 73-32-10 E. 839.98 feet to a point; thence S. 15-21-00 E. 106.63 feet
to a point; thence N. 74-46-21 E. 16.54 feet to a point; thence S. 06-58-49 W. 688.58 feet
to a point; thence S. 82-27-04 E. 495.45 feet to a point; thence S. 34-32-05 E. 10.00 feet
to a point; thence S. 34-32-12 E. 976.46 feet to a point; thence S. 17-43-55 E. 455.58 feet
to a point; thence S. 24-00-16 W. 2127.88 feet to a point; thence S. 24-00-17 W. 39.02
feet to a point; thence S. 24-00-00 W. 8.78 feet to a point; thence S. 72-50-33 E. 350.38
feet to a point; thence S. 14-59-41 W. 76.09 feet to a point; thence S. 14-59-39 W.
1042.91 feet to a point; thence S. 14-59-41 W. 82.00 feet to a point; thence N. 59-00-33
W. 537.49 feet to a point; thence N. 63-15-37 W. 598.38 feet to a point; thence N. 88-30-
34 W. 354.54 feet to a point; thence N. 47-00-32 W. 131.76 feet to a point; thence N. 26-
38-52 W. 485.39 feet to a point; thence N. 58-16-15 W. 210,75 feet to a point; thence S.
62-59-26 W. 174.49 feet to a point; thence N. 72-27-46 W. 33.00 feet to a point; thence
N. 72-27-48 W. 177.80 feet to a point; thence N. 74-45-36 W. 109.11 feet to a point;
thence 5.,71-48-16 W. 121.15 feet to a point; thence N. 57-52-23 W. 472.32 feet to a
point; thence N. 31-51-27 W. 497.50 feet to a point; thence N. 31-51-27 W. 30.00 feet to
a point; thence N. 58-49-58 E. 150.41 feet to a point; thence N. 64-22-58 E. 225.73 feet
to a point; thence N. 61-56-59 E. 102.43 feet to a point; thence N. 44-22-00 W. 309.44
feet to a point; thence N. 32-14-23 W. 165.00 feet to a point; thence N. 08-47-27 W.
429.00 feet to a point; thence N. 83-32-10 W. 33.00 feet to a point; thence N. 18-48-01
W. 264.39 feet to a point; thence N. 20-15-15 E. 165.25 feet to a point; thence N. 33-45-
18 E. 78.50 feet to a point; thence N. 34-00-17 E. 372.90 feet to a point; thence N. 12-06-
07 E. 32.86 feet to a point; thence, a computed closure line, N. 16-01-25 E. 251.17 feet to
a point; thence S. 84-27-10 E. 7.43 feet to a point; thence S. 84-27-10 E. 1226.46 feet to a
concrete monument set, the point and place of BEGINNING.
�E �••j•kti a.:ll•.R3.�tlr. �t t•j�: ii�;}:j '�t:'tyj u:.'.,.
C-834620v02_ 17215.00011 5

%
..:00018:3
EXHIBIT B
UNTIED STATES BANKRUPTCY CQURT FQ
CAROLINA.
WESTERN DISTRICT OF NORTH
0/2
A HEVILLE DIVISION 00
S
Ire
Chapter I I
C
In re.
PFS ECUSTA INC. and
RFS US INC.,Case.]�o.: 03-10360
c4s.eN.o-,: 03-103$8
w
W.-JUL 12003..'.
Debtors.: -
Jointly Administered-
. SD= ORDER:Abi:H6RTZING THE- SALE:.0F, SUBSTANTIALLY ALL
OF THE DEBtORS'-AgSjftS FR'E*t-AND'.CLEAR OYALL LIENS., CLAIMS,
kAN 0'. _ND-EXEMPT FROM STAMP
EkTY33 ENCUMBRANCES; THER INTERESTS A
OR SIMIIARTANMAND IIK.OF AL'L:XRA:TRANSACTIONS S
'CO.NiSUM1M:(41'K.RA,.N
RELATEPT PtWU.A2rr 70-BMUTTC'O SECTIONS
46wAND BANKR:UPT. RULES '200 6b4AND..6006
;05,-363, ANP:11 Cy
The above.-captioned'.debtors and:.debtorq-in-posses ..sion. (collectively; the `15ebtors"),
2003 M-e.Motionll pursuant. to having. filed 'their fourth motion, dated June. 3,:
d' (the '.Bankrup
105 and• 363 of Title 11 *of the T3nit6d States Co e `Bankruptcy' -Code") for an order
auth6nizing the sale of substantially all 'of.'the 'Debtors' remaining *assets to New Tech
Environmental,. Inc. or an entity to be fbimed by' or an affiliate of New Tech Environmental, Inc. - -
that is assigned the rights of and assumes the obligations of New Tech Environmental, Znc. under
?
the Transaction Documents"(as hereafter defined): (the '.'i?irchase'),.fre6 and. blear of all bens,'
claims, encumbrances, and other interests, authorizing the Debtors' to 'consummate all
transactions related to the above, and granting such other relief as is fair and equitable; and due
e
and proper notice of the Bulk Sale Motion having bengiven; and all responses to the Bulk Sale
.
Motion having been withdrawn, resolved, or overruled; and after due deliberation and sufficient
ap a- therefor.'.
causepiarm
• C-828193v05 171-15.00011

rr IS HEREBY FOUND AND DETER.NIINED THAT:
.A. This Court has jurisdiction to hear and determine the Bulk Sale Motion and all
related matters pursuant to 28 U.S.C. §§ 1334 and 157. Venue of this proceeding in this district
is proper pursuant to 28 U.S.C. § 1409. The Bulk Sale Motion constitutes a core proceeding
pursuant to 28 U.S.C. § 157(b)(2)(A), (13), (_\�, and (0).
B. Proper, timely, adequate and sufficient notice of the Bulk Sale Motion and the
sale of the Assets (as hereafter defined) was provided pursuant to Bankruptcy Rules 2002, 6004,
and 6006, and previous orders -of this Court, and such notice was reasonable, sufficient and
appropriate under the circumstances presented. No otl er or further notice of the Bulk Sale
Motion or the entry -of this -Order is necessary. ;.A reasonable opportunity to object, respond, or to
otherwise be' heard. regarding the relief requested in the Bulk Sale Motion has been afforded to
all interested parties.
C. The Debtors.: are the sole and..lawful owners.of all the Assets, -and the Assets,
pending the consumination of the sale hereunder, constitute property'of the Debtors' estates
pursuant to § 541(a) of the.Bankruptcy Code.
D. The Debtors have determined in the exercise of their business judgment, to: (i)
sell all of their right,. title, and interest in and to the Assets upon the terms and conditions set
forth herein; and (ii) consummate all transactions contemplated herein and in the Transaction
Documents (subject to the provisions in the fourth through sixth decretal paragraphs below).
E. The provisions of §§ 363(b), 363(f), 363(m), and 363(o) of the Bankruptcy Code
have been complied with and are applicable as to the Asserts.
F. The Debtors, as debtors in possession, (i) have full corporate power and authority
to execute the Transaction Documents and all other documents contemplated by the Bulk Sale
C•828193VO5_17215.00011 2

e
000183
000'749
Motion with regard to the Assets, (ii) have all of the corporate power and authority necessary to
consummate the transactions contemplated by the Bulk Sale Motion with regard to the Assets
and the Transaction Documents, and (iii) have taken all corporate action necessary to authorize
and approve the sale described in the Bulk Sale Motion and the consummation by the Debtors of
the transactions contemplated thereby,
G. The Debtors have demonstrated sound business justifications for the sale in
accordance with the Bulk Sale Motion and the Letter Agreement (as defined below) and the
other transactions and actions contemplated, by the Bulk.Sale Motion. with regard to the Assets
pursuant to. §.363(b) of the Bankruptcy ,Code; outside -of a plan of reorganization, and it is a
reasonable exercise of the -Debtors' business judgment to execute, deliver and consummate the
Transaction Documents. with the Buyer:and consummate. the transactions contemplated by the
Transaction Documents. ..
Fi. Consummation of the; sale. of the.Assetsas contemplated herein and in. the
Transaction Documents is in :the best interests of the Debtors, their estates, _creditors, equity
security holders, and other parties in.interest. .
I. The sale of the Assets is properly authorized. under all applicable provisions;of the
Bankruptcy Code, including without limitation ' 105 3 §§ 63, and 1146 of the Bankruptcy Code.
J. The sale of the Assets contemplated 'herein represents the highest or otherwise
best offers received for the Assets following the conduct of an open and complete sale process
(including a public auction) reasonably calculated to yield the highest or otherwise best offers for
the Assets.
K. The consideration provided by the Purchaser for the Assets (i) is fair and
reasonable, (ii) constitutes reasonably equivalent value, reasonable market value and fair
`V.., W FA,,
C•82819345_ 17215.00011 .. 3

a�
7
00
consideration for the Assets under the Bankruptcy Code and under the laws of the United States,
or the District of Columbia, (iii) is the highest or otherwise best
any state, territory, possession
offer for the Assets and (iv) will provide a greater recovery for the Debtors' creditors and other
interested parties than would be provided by any other practically available alternative.
' nD oc um e nts will
eT ransa ctio
er the
ha s e ru under
Assets purchaser
L. The transfer of th essets to t h
be a legal, valid, and effective transfer of the Assets and will, upon the -occurrence of the Closing
(as hereafter defined), vest in the Purchaser all right, title and interest .of the Debtors in the
Assets free and clear of.all liens, claims, encumbrances, and other interests, including, without
interests, pledges, liens, 'replacement liens, judgments, demands,
limitation, mortgages,: security
encumbrances, or' charges of any kind or .nature,' :if any, including, but not limited to, any
or othef exercise"of any attrib
restriction on 'the transfer, receipt of iutes of ownership
income
(collectively, "Liens"), and all debts arising in any way in connection with any. acts of the
Debtors, claims (including but not limited to "claims'• as.that term is defned in the Bankruptcy
Code), obligations, demands, guaranties, interests, and matters of any kind and nature, whether
to or subsequent to the commencement of these Chapter 11 cases, and whether
arising prior
imposed by agreement, understanding, law, equity, br otherwise, -including, but not limited to,
or out of, in connection with, or.in any way relating to the
those relating to taxes arising under
W
operation of the Debtors' businesses prior to Closing (collectively, "Claims"), with all such
Liens and Claims, and any and all other interests to attach to the net proceeds of sale (the "Sale
Proceeds") of, and with the same force, effect :and priority as such Liens, Claims and other
interests had against, the Assets, and holders thereof shall be permanently enjoined from
such against the Assets and the Purchaser and shall look solely to the Sale Proceeds.
asserting
cs29193VO5_ 17215.00011 4

000751
M. As a condition to purchasing the Assets, the Purchaser requires that the Assets be
sold free and clear of all Liens, Claims and other interests and that it shall have no liability
whatsoever for any. obligations of or Claims against the Debtors, except as may be expressly
permitted in the Transaction Documents. The Purchaser would not enter into the Transaction
Documents and consummate the transactions contemplated by the Bulk Sale Motion, thus
adversely affecting the Debtors, their estates, and their creditors, if the sale of the Assets to the
Purchaser was not free and clear of all Liens, Claims and other interests of any kind or nature
whatsoever, or if the Purchaser would, or in the future could, be liable for any such Liens or
Claims and if the transfer of the Assets could not be -.made under § 363 of the Bankruptcy Code.
N. The transfer of the Assets to the Purchaser free and clear of all Liens, Claims and
other interests will not result in. any undue. burden or. prejudice to any holders of any Liens;
Claims or other interests since all such Liens and Claims of any kind or nature whatsoever shall
attach to the Sale -Proceeds in the order oftheir-priority, with;the same validity, force and effect
which. they now have as against the. Assets, subject to any claims and- defenses the Debtors or
other parties may possess with respect thereto.
O.The Letter Agreement was negotiated, proposed and agreed to by the Debtors and
the Purchaser as parties thereto without collusion, in. good faith, and from arm's-length
bargaining positions. The Debtors and the Purchaser have at all times acted in good faith and in
accordance with applicable law. The Purchaser is a good faith purchaser for value with respect
to the Assets under § 363(m) of the Bankruptcy Code and will be acting in good faith pursuant to
§ 363(m) of the Bankruptcy Code in closing the transaction contemplated by the Bulk Sale
Motion and the Transaction Documents in accordance therewith.. By reason of the foregoing,
Closing, the Purchaser will be entitled to all of the protections afforded under § 363(m).
upon
is
H'F4Y8� r.�i3 kt�r�'x!X Z..•
G82819M5_ 17215.00011 5

000183
000 r 52
Neither the Debtors nor the Purchaser has engaged in any conduct that would cause or permit the
Transaction Documents to be voided under § 363(n) of the Bankruptcy Code. The sale of the
Assets approved by this Order is not subject to avoidance pursuant to § 363(n) of the Bankruptcy
Code, and the consideration provided by the Purchaser for the Assets under the Transaction
Documents (including, upon its execution, the Asset Purchase Agreement) shall be deemed to
constitute reasonably equivalent value and fair consideration.
P. Other than with respect to the Assumed Liabilities (as defined below), the
Purchaser shall tnot by virtue of this Order or the Transaction Documents or the transactions
contemplated hereunder or thereunder, be deemed to have "successor" liability or responsibility
for claims against or obligations of Debtors arising prior to or as a resuli. of the purchase and sale
of the.Assets hereunder.
Q.. The sale of the Assets to the Purchaser will maximize the value of the Debtors'
estates and is in contemplation of the implementationof.a plan of liquidation and necessary to
the confirmation and consummation of any. such plan. Accordingly, the sale of the Assets shall
be deemed a sale "under a plan" within the meaning of § 1146(c) of the Bankruptcy Code and
shall 'be exempt from any and all stamp taxes, recording taxes, and similar taxes, including
without limitation any real estate transfer tax and any realty property transfer tax, although such
sales do not constitute a sub rosa plan.of reorganization. The Asset Purchase Agreement is not a
sub rosa Chapter 11 plan for which approval has been sought without the protections that a
disclosure statement would afford and is not in violation of creditors' and equity security interest
holders' voting rights.
K The relief requested in this Bulk Sale Motion is reasonable and in the best
interests of the Debtors' estates and creditors.
.::4; •: � ::'i,:: �::l is � .� �'�' �� :..::j
C-818193v05 17215.00011 - 6

,T
l
i 7
0001-83
000754
effective and binding on all parties upon execution thereof without further order of this Court-,
and it is further
ORDERED that in the event that the Debtors, the Purchaser, the Committee, and the
Lender do not agree on the form and substance of an Asset Purchase Agreement, or PACE or the
r chas e Agreement ree ent prior to
ect]ont such A•ssetPuely.files an0b]BankruptcYAdministrator tz
. .
the execution thereof, this Court will schedule and conduct an expedited hearing thereon at the
earliest date available on the Court's calendar; and it is further
ORDERED that all 'of the terms, conditions, actions, rights, remedies, and obligations
contained in each and any. of the Transaction Documents (including, upon its execution, the
Asset Purchase Agreement),:including but not. -limited to the funding obligations related to the
Debtors' operations, the sale of.certain of the Debtors' assets, the use of cash collateral, and the
access to the Debtors' facilities, .is hereby. approved and is binding on all parties thereto; and it is
further
' hereby authorized- to execute on behalf of the Debtors
ORDERED that Jim McMillan is her
the Transaction Documents and all-- other .documents necessary to consummate the transaction
authorized in this Order, and it is fither
ORDERED that so long.as he acts in accordance with the terms of this Order and in the
• • • aA
absence of gross negligence or wilfull misconduct, Jim McMillan (a) shall not be subject to any
personal liability for any claims arising from his participation in the consummation of the
: ..... ........... :.
in this Order, (b)'is hereby released by the Debtors,:TBCC, the Committee
transaction authorized
and the Purchaser from any such liability; and (c) no party may make a claim against Jim
McMillan for any act or omission arising in connection with his participation in the
consummation of the transaction authorized in this Order, and it is further
It tr
t
-
C-B2819J�A5_ 17115.00011 S
. .

600183
0007S3
NOW, THEREFORE, IT IS HEREBY:
ORDERED. that the Bulk Sale Motion is .-ranted; and it is further
ORDERED that all responses to the Bulk Sale Motion have been withdrawn or otherwise
resolved, or are hereby overruled; and it is further
ORDERED that the letter.agreenient (the "Letter Agreement'), to be entered into by and
among the Debtors, the Purchaser, and the Debtors' secured lender in these cases (the "Lender"),
a substantially complete draft of which was attached to the Bulk Sale Motion as exhibit A, is
hereby approved; and it is further
ORDERED that the Debtors are authorized, to negotiate and execute an asset purchase
agreement (the "Asset Purchase Agreement,"' and together with the Letter Agreement, the
"Transaction Documents") with'the Purchaser setting forth the definitive terms of this sale,
subject only to the prior written consent of the Lender and the official committee of unsecured
creditors (the "Committee"), to the form and substance thereof; provided however that the
Debtors shall provide the union representing the Debtors' former }sourly employees ("PACE')
and the Bankruptcy Administrator for the Westem District- of North Carolina (the "Bankruptcy
Administrator") notice and three business days' opportunity to object to the form of the Asset
Purchase Agreement prior to its execution; and it is further
ORDERED that if the Debtors and the Purchaser negotiate and execute an Asset
Purchase Agreement, and if the Committee and the Lender expressly consent in writing to such
Asset Purchase Agreement prior to its execution, and if PACE and the"Bankruptcy Administrator
do not timely file an objection to such Asset Purchase Agreement prior to its execution, then the
Asset Purchase Agreement is hereby deemed to be approved as of its execution, and will be
c-s2sts��os tr_ts.000ti
7

/
000183 000''i55
ORDERED that within one business day of the entry of this Order, the Purchaser shall
pay $50,000 as a good faith deposit (the "Deposit"), such Deposit to be treated in accordance
with Paragraph 6 of the Letter Agreement; and it is further
ORDERED that to the extent the Purchaser identifies one or more of the Debtors'
executory contracts and/or unexpired leases (the "Leases") to be purchased and assigned
pursuant to the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement) and hereto, the -Debtors shall .promptly- file a motion pursuant to § 365 of the
Bankruptcy Code for authority to asst'me such Leases and assign'them to the Purchaser, and the
Purchaser will be responsible for all cure costs associated therewith; and iris further
ORDERED that on or before the closing of the sale {the "Closing"), the Purchaser shall
pay to the Debtors in cash, certified check, wire transfer, or other immediately available funds
acceptable to the Debtors, the Purchase Price (as defined below);' and it is further
ORDERED that the Debtors are authorized t6 sell to the Purchaser all of the Debtors'
remaining assets, except for those assets specifically identified in the Transaction Documents as
excluded therefrom, "AS IS,' VIEERE IS," without recourse and without any representations or
warranties (except as may be 'set forth in this Order or the Transaction Documents), for the pride
(the "Purchase Price") of $1.3 million, subject to'a potential Purchase Price reduction not to
exceed $50,000, as identified in the Transaction Documents, and to consummate the transactions
contemplated in the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement) with the proceeds to be paid by Purchaser at Closing to be deposited into the
001952624"78 at First Citizens Bank; and it is further
Debtors Account No.
ORDERED that the Debtors are, without any further corporate authorization, authorized
o perform under, consummate and implement, the
to execute and deliver, and empowered t
C-828193v05 1T15.00011 9

Transaction Documents (including, upon its execution, the Asset Purchase Agreement), together
with all additional instruments and documents that may be reasonably necessary or desirable to
implement the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement), and to take all further actions as may be necessary for the purpose of assigning,
transferring, granting, conveying and conferring to the Purchaser or reducing to the Purchaser's
possession, the Assets, 'or as may .be necessary or appropriate to the performance of the
obligations as contemplated by the Transaction Documents (including, upon its execution, the
Asset Purchase Agreement); and it is further..
ORDERED that except.as expressly set forth in the Bulk Sale Motion, the Transaction
Documents (including, upon. its execution, the Asset Purchase Agreement) or this Order, the
Purchaser assumes no employee liabilities that'arose prior to Closing, including any accrued but
unbilled liabilities; and it is further
ORDERED that the transfer of the Assets to the Purchaser.pursuant to, and subject to the
terms of; the Transaction Documents (including, upon- -its execution, the Asset Purchase
Agreement) shall constitute a legal, valid and effective transfer of the Assets, and shall, upon the
occurrence of the Closing, -vest in the Purchaser pursuant to § 363(f) of the Bankruptcy Code all
right, title and interest of the Debtors -in and to the applicable Assets to be acquired by such
Purchaser free and clear of all Liens, Claims and other interests of any kind or nature
-
whatsoever, with all such Liens, Claims•and other interests to attach to the Sale Proceeds in the
order of their priority, with the same validity, force and effect which they now have as against
the Assets, subject to the terms of this Order and the rights, claims, defenses, and objections, if
any, of the Debtors and all interested parties with respect to such Liens, Claims, and other
interests; and the holders of such Liens, Claims, and other interests shall be permanently
'•F,it:;�•'.'•ii%;:;t;�:i+;iil'•r;.+:'?tiiiiri'"'•'`:'� '.'i<`i�:
ky I�h a,:+.fi,�i!its:i4,k::P:iY>:;wtrt•:';�wslgti•::w:
asz819305_171-15.000n 10
;::`•'.•-=:::. :.:

GoCIS3 0007517
enjoined •from asserting such against the Assets or the Purchaser and shall look solely to the
proceeds of sale; and it is further
ORDERED that this Order (a)shall be effective as a determination that, on the Closing.
date with respect to any Assets, and subject to the occurrence of the Closing, all Liens, Claims
and other interests of any kind or nature whatsoever existing prior to the Closing as to the Assets
transferred' on such Closing date pursuant to the Transaction Documents (including but not
limited to any claims under any applicable revenue, pension, ERISA, tax, labor, environmental
or natural resource law, rule or regulation, or any products liability law) have been
unconditionally released and terminated as to such :Assets, and that the conveyances 'described'
herein have been effected, and (b) shall be binding upon. and shall govern the acts of all entities,
including without limitation, all filing: agents, filing officers; title agents, title companies,
recorders of mortgages, -recorders of deeds, registrars of deeds, administrative agencies,
governmental departments, secretaries of state, federal, state, and' local officials, and all other
persons and entities who may be required'by operation of -law, the duties of their office, or
contract, to accept, file, register or otherwise record or release any documents or instruments, or
who may be required to report or insure any title or state of title in or to any of the Assets; and it
is further
ORDERED that except as, expressly permitted or otherwise specifically provided for in
the Transaction Documents (including, upon its execution, the. Asset Purchase Agreement) or
this Order in respect of the Transaction Documents (including, upon its execution, the Asset
Purchase Agreement) or the Assets to be transferred by the Debtors, the Purchaser shall have no
liability or responsibility for any liability or other obligation of the Debtors arising under or
related to such Assets and, to the extent allowed by law, the Purchaser (and its officers, managers
G829193vO5_ Ir_is.00011 11

shall not be liabQQS?7tt �ther claims against the Debtors or any of their
and members)
or affiliates, and the Purchaser shall have no successor or vicarious liabilities of any
predecessors
kind or character whether ]mown or unknown as of the Closing under the .Transaction
Documents (including,. upon its execution, the Asset Purchase Agreement), now existing or
Debtors or an obligations of
with respect ect to the Y
r f1 xed or contingent,P
whether
hereafter arising,...
the Debtors, other than the Assumed Liabilities., arising prior to the Closing under the
Transaction Documents. (including, upon its execution, the Asset Purchase Agreement),
including, but not limited to, any liabilities under any revenue, pension, ERISA, tax, labor,
or natural resource law, rule or. regulation, or any products liability Iaw, arising,
environmental
or under, out of in connection with, or in anyway relating to the -operation of
accruing, payable
the Debtors' businesses prior to the Closing; and it is further..
ORDERED that this 'Court retains and shall have exclusive jurisdiction to endorse and
ORDERED
implement the terms and provisions of this Order, the Transaction Documents, all amendments
thereto, any waivers and consents thereunder, and each of the agreements executed in connection
therewith in. all respects or the rights and duties of the..p,uties hereunder or thereunder or any
issues relating to any .of the foregoing, and to. resolve any dispute concerning any of the
foregoing, including, but not limited to, retaining jurisdiction to (a) interpret the terms,
conditions and provisions of any of the foregoing, (b) compel delivery of the Assets to the
Purchaser or order the specific performance. of any act to be performed by the Debtors or any
other party to consummate the sale, and (c) compel delivery of the Purchase Price or
performance of other obligations owed to the Debtors by tile Purchaser;.and it is further
ORDERED that subject to Closing and consummation of the transaction, each and every
federal, state and local governmental agency, recording office or department and all other parties,
}.:• • ;::
' .. ... ... ...K
>. R::•e Sot r.�r.�,,kttl Yo a�iR ty,
C-928190v03_ 17215.00011 1

I
0001830001S9 .
accept this Order for recordation as conclusive evidence
person or entities is hereby directed to
of the free and clear, unencumbered transfer of title to the Assets conveyed to the Purchaser; and
it is further
ORDERED that subject to Closing and consummation of the transaction, the provisions
is Order authorizing the sale of the Assets free and clear of Liens, Claims and interests (with
of this
such Liens and Claims to attach to the proceeds of the sale of the Assets as provided in this
Order) shall be self-executing, and neither the Debtors, the Purchaser nor any other party shall be
required to execute or file releases, termination statements, assignments, cancellations, consents
or other instruments to effectuate, consummate and/or implement. the provisions .hereof with
respect'to the sale; providel however- that this Paragraph shall not excuse such. parties from
performing any-and.all of.the respective obligations under the Transaction Documents; and it is
further
ORDERED that if any person or entity that has filed financing statements, mortgage,
mechanic's liens, lis pendens, or other documents or agreements evidencing Liens or Claims
e delivered to the Debtors .pnor to the Closing date, in
against or in the Assets shall not hav
proper form for filing and executed .by the appropriateparties, releases; termination statements,
assignments, cancellations, consents, instruments of satisfaction, or such other instruments to
effectuate, consummate and/or implement the provisions hereof with respect to the sale with
regard to all Liens and Claims that the person or entity has with respect to the Assets or
otherwise, the Debtors or the Purchaser are hereby authorized and directed at Closing to file with
any federal, state or local governmental agency, recording office or department and all other
parties, persons or entities this Order as conclusive evidence of the free and clear, unencumbered
Pk
c-828193v6_ I T L S.000I t 13

000'760
transfer of title to the Assets conveyed to the Purchaser to effectuate, consummate and/or
implement the provisions hereof with respect to the sale of the Assets; and it is further
ORDERED that consummation of the Transaction Documents (including, upon its
execution, the Asset Purchase Agreement) and the transactions contemplated therein and thereby
do not effect a dz facto merger or consolidation of any Debtor andt he Purcha
ser or result in the
continuation of the Debtors' business under the Purchaser's control. The Purchaser is not the
or a continuation of'.the Debtors, nor is the Purchaser
alter ego oiy a successor in interest to,
otherwise liable for the Debtors' debts and obligations, unless specifically provided for in the
Transaction Documents or pursuant to this Order;• and it is fixrther.
ORDERED that all entities that are presently, or on • the 'Closing date may. be, in '
possession of some or all of the Assets are hereby directed to surrender possession of the Assets
_ to the Purchaser, on the Closing date for such:Assets;-and it is further
ORDERED that. nothing contained in any planof reorganization (or liquidation)
confirmed in these cases -or the order of confirmation confirming. any such plan shall conflict
with or derogate from the provisions. of the Transaction Documents (including, upon its
execution, the Asset Purchase Agreement) or the terms of this Order;. and it is further
ORDERED that the reversal or modification on appea
l of the authorization provided Y.
herein to consummate the sale of any Assets shall not affect the validity of the sale of such
Assets to the Purchaser, unless such authorization is duly stayed pending such appeal prior to the
Closing date with -respect to such Assets; and it is further
ORDERED that notwithstanding anything herein to the contrary, nothing herein shall in
any way affect or diminish any rights of the Debtors or any successor thereto (including any
to obligations of the Purchaser arising under the
chapter 11 or chapter 7 trustee) with respect
.. _ ���•y�i?i�'.�:>�iYJ{i'Y.jr'y':,il;ik@i�.'n';h fii•,'tip
C-nS191,03 la15.00011 14 .

000183 000761
Transaction Documents (including, upon its execution, the Asset Purchase Agreement) or this
Order. The terms and provisions of the Transaction Documents (including, upon its execution,
Agreement) and this Order shall be binding in all respects' upon and shall
the Asset Purchase
inure to the benefit of� the Debtors, their estates, and their creditors, the Purchaser and their
and an affected third parties (including, but not
respective affiliates, successors. and assigns a Y
•:<::;•:::::a>r!:::s::°:r<:::::!:::>:
limited to, all persons asserting Liens or Claims in the Assets to be sold to the Purchaser),
notwithstanding any subsequent appointment of any trustee(p) under any chapter of the
Bankruptcy Code, as to which trustee(s) such terms and provisions likewise shall be binding; and
it is further
ORDERED that in furtherance of the. foregoin& in the event -of the conversion of the
Debtors' cases, any Chapter' 7 trustee(s) shall. be obligated to perform under the Transaction
Documents (including, upon its execution, the Asset Purchase Agreement) to permit the Debtors'
the full value of the. sale to -the Purchaser and to permit the Purchaser to
estates to realize
the transactions provided in and. contelplated. by the Transaction Documents .
consummate
(including, upon its execution, the Asset Purchasd-Agreement), and the Transaction Documents
(including, upon its execution, the Asset Purchase: Agreement) shall not be executory contracts
that such trustee(s) can reject, and the Purchaser and the Debtors, and their respective successors,
??`i!?'
shall be entitled to the remedy of specific performance so as to be permitted to consummate the
provided in and contemplated by the Transaction Documents, as permitted under
transactions
applicable non -bankruptcy law; and it is further
ORDERED that the Transaction Documents (including, upon its execution, the Asset
Purchase Agreement) and any related agreements, documents or other instruments may be
modified, amended or supplemented by the parties in accordance with the terms thereof, without
:
O92SL93v05_ L7215.00011 15
i .

ii M-111.,
J
Cc-0183
000762
further order of the Court, provided that any such modification, amendment or supplement does
not have a material adverse effect on the Debtors' estates and is, if occurring prior to the Closing
date, approved by counsel for each of the Debtors, the Purchaser, the Committee and the Lender;
and it is further
ORDERED that all of the Debtors' interests in the Assets to be acquired by the Purchaser
. . I........... -
shall be, as of the Closing date and upon the occurrence of the .Closing, transferred to and vested
. . . . . . .
in the Purchaser. Upon- the occurrence of the Closing, this Order shall be considered and
constitute for any andall purposes a full and complete general assignment, conveyance and
transfer of the Assets acquired by the Purchaser at such Closing under the Transaction
Documents (including,.upon its execution, the Asset Purchase Agreement) and/or a bill of sale or
assignment transferring good and marketable; indefeasible title and interest in the Assets
acquired by the Purchaser under the Transaction Documents (including, upon its execution, the
Asset Purchase Agreement) to the Purchaser; and it is.further-
ORDERED that as of the'Closing, date, the'Purchaser shall Se-here'by granted immediate
and unfettered access to the Assets acquired by the Purchaser; and it is further
ORDERED that if the Purchaser fails, to pay the Deposit as set forth above, or breaches
is
any other or further -obligation hereunder, under 'the Letter Agreement, or, following its
execution, under the Asset Purchase. Agreement, (A) all rights of the Purchaser to the Assets
shall be immediately waived and/or terminated, and, (B) the Debtors may sell by private sale or
public auction, at their discretion, the Assets to another purchaser or purchasers pursuant to the
terms and conditions of the Expedited.Sale Order (as defined in the Bulk Sale Motion) or any
further or other order of this Court; and it is further
5,
c-6'J193v05_ 17,715.00011 16

Y
CjOOJ.S3 000763
ORDERED that immediately upon consummation of the sale, the Purchaser shall assume
all liabilities and obligations in and relating to the Assets purchased by it hereunder (except for
the Liens, Claims, and other interests that are transfer -red and released by the terms hereof), and
those liabilities explicitly identified in the Transaction.Documents (including, upon its execution,
and the Debtors shall have no other or
set Purchase Agreement) as assumed liabilities,
As
the
further obligations or liabilities related thereto; and it is further
ORDERED that the provision in Bankruptcy Pule 6004(g) staying an order authorizing
the . use, sale, or lease of property until the expiration of 10 days after entry of such order is
hereby waived; and it i . s further
ORDERED that pursuant to § 1146(c) of the Bankruptcy Code, the. making delivery,
filing, or recording ofany deed, assignment or related transfer documents and (ii) any and all
transfer hereunder. and under the Transaction Documents
other instruments of conveyance or
(collectively. the "Conveyances"), are exempt from and shall- not be taxed under any Federal,
. State, or local . law imposing a recording:tax;'stamp tax, transfer tax, or similar tax, including,
without limitation, transfer and recordation taxes applicable to deeds and assignments of leases,
including. without limitation the any real estate transfer tax and any real. property transfer tax
officers are hereby authorized and
All filing and. recording.
fer Taxes").
(collectively "Trans
filing, -a and record or file immediately upon presentation
directed to accept for recording or
thereof, the Conveyances, without the payment of any such Transfer Taxes and without the
davit or form with respect to any Transfer Tax regarding
requirement or presentation of any affi
al authorities Or -taxing authorities shall be permanently
the Conveyances. All government
enjoined from commencing or maintaining any action to collect from the Purchaser, the Debtors,
or the Assets any Transfer Taxes arising from the transfers to be effectuated under the
01
C-929193v05_ 1-1215-0-0011 17

000'764
Transaction Documents, and this Court retains jurisdiction to enforce the foregoin- direction, by
contempt or otherwise; and it is further
ORDERED that the Debtors be, and hereby are, authorized to consummate the sale
contemplated hereunder without the necessity of complying with any state or local bulk transfer
requirements; and it.is further
ORDERED that the failure specifically to include any particular provisions of the
Transaction Documents (including, upon its execution, the Asset Purchase Agreement) in this
Order shall not diminish or impair the efficacy of such provisions, it being the intent of the Court
that such documents are approved in their entirety.
Dated: Charlotte, North Carolina
June . 2003
(Dated as 'of date entered) .
Chief United States Bankrupicy. Judge
C-829193v05_17115.00011 - 18
i

Filed far regislratio as the 1
day of
1U� ato'clock .
verified oa the ( m. and registemd m1d
dar 4f 20 03 :::.:..,..
do ►ug{��, ao: r:
!seer ojDeeJs•, Tronsrh'aaia yRty -
C-00183
Excise Tax: None (See Order attached as Exhibit B) 0 0 0 7G 5
SPECIAL WARRA TY DEED
.uau fl-
Tax Parcel Nos.: out of 8596-69-9440-000
Mail after recording to: Robert W. Allen, Robins)n, Bradshaw & Hinson, P.A., 101 North
Tryon Street Suite 1900 Charlotte North Carolina 28246
This instrument was prepared by: Robinson, Bradshaw & Hinson, P.A. (RWA), 101 N. Tr + n
Street Suite 1900 Charlotte, North Carolina 28246 -
Brief description for Index: Ecusta Road ('
THIS SPECIAL WARRANTY DEED made this I'l-t`day of 2003,
by and between RFS US, INC., a Delaware corporation ("Debtor"), as Seller and hereinafter -
called the "Seller", and ECUSTA REAL ESTATE 2, LLC, a North Carolina limited liability
company, hereinafter called the "Purchaser". Purchaser's mailing address is: P.O. Box 1119,
Pisgah Forest, North Carolina 28768. The terms Seller, Debtor and Purchaser as used herein
shall include such parties, their heirs, successors, and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
C-83462102 17215.00011

000,766
WITNESSETH:
WHEREAS, voluntary chapter 11 petitions under the United States Bankruptcy Code
were filed by the Debtor and RFS Ecusta, Inc. ("Ecusta") in the United States Bankruptcy Court
for the District of Delaware (the "DE Bankruptcy Court") on October 23, 2002;
AND WHEREAS, the bankruptcy cases of the Debtor and Ecusta were transferred to the
United States Bankruptcy Court for the Western District of North Carolina (the "NC
Bankruptcy Court") pursuant to an order entered by the DE Bankruptcy Court on or about
March 28, 2003, and such cases are now pending in the NC Bankruptcy Court under case
numbers 03-10358 and 03-10360;
AND WHEREAS, the Debtor and Ecusta have been authorized to own, operate and
possess the property of the Debtor and Ecusta as debtors -in -possession by virtue of the
provisions of the United States Bankruptcy Code;
AND WHEREAS, after notices and hearings under the United States Bankruptcy Code,
the Debtor has been authorized by an order of George R. Hodges, Bankruptcy Judge for the NC
Bankruptcy Court to sell the real estate described in this Deed, and all creditors and other parties
in interest in this estate have had proper, prior statutory notice of the consummation of the sale of
the Realty (defined below), and there has been full compliance by the Debtor with the United
States Bankruptcy Code and the order of the NC Bankruptcy Court entered on July 1, 2003, a
true copy of which is attached hereto as Exhibit B, which order of the NC Bankruptcy Court is
incorporated herein by this reference.
NOW, THEREFORE, in consideration of the premises, and the sum of $20,000.00, the
receipt of which by the Debtor is hereby acknowledged, and pursuant to the order of the NC
Bankruptcy Court identified above, the Debtor has and by these presents does grant, bargain, sell
and convey to the Purchaser all that real estate, including all improvements located thereon,
C-83462102_ 17215.00011 2

000183
000767
which is located. in Brevard, Transylvania County, North Carolina, (the "Realty"), and which is
more particularly described on Exhibit A attached to and incorporated into this Deed by this
reference.
This conveyance is made subject to the following:
1. All encumbrances and other matters both of record and not appearing of record,
except to the extent the Realty is free and clear of the same by virtue of the order
of the NC Bankruptcy Court identified above.
2. All unpaid ad valorem taxes, except as otherwise paid, agreed to be paid or
prorated at closing.
3. The condition that the Realty, which includes all improvements located on the
Realty, is conveyed "as is, where is" and without any representation or warranty
of any kind concerning its physical condition.
TO HAVE AND TO MOLD the Realty, and all privileges. and appurtenances thereto
belonging, to the Purchaser in as full and ample a manner as the Debtor is authorized and
empowered to convey. And the Debtor covenants with the Purchaser, in reliance on the order of
the NC Bankruptcy Court identified above, that the Debtor has not created or granted any
encumbrances or interest which would be adverse to the Purchaser, and the Debtor has done tif"
nothing to impair such title to the Realty as the Debtor received; and the Debtor will warrant and
defend that title against the lawful claims of all persons claiming by, under or through the
Debtor, except for the specific exceptions stated above.

000183
000768
IN WITNESS WHEREOF, the Debtor has caused this instrument to be signed in its corporate
name as duly authorized by the order of the NC Bankruptcy Court identified above, the day and
year first above written.
RFS US, INC.
By:
(SEAL)
Jim M illan, Authorized Agent pursuant to the
Order o the Court attached hereto as Exhibit B
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
This iiA day of 2003, personally came before me Jim McMillan,
who, being by me duly sworn, say at he is the duly authorized agent of RFS US, INC_ a
Delaware corporation, pursuant to the Order of the U.S. Bankruptcy Court, entered on July 1, 2003,
and that said writing was signed by him, in behalf of said corporation, in accordance with the Order
of the U.S. Bankruptcy Court entered on July 1, 2003. And the said Authorized Agent
acknowledged the said writing to be the act and deed of said corporation.
Notary Public
OF71ALL
My commission expires: 5 -jMC-rM1'-1'--1L0nE
in�IREDTY[NOTARIAL
SEAL] RETAELxplpW
The foregoing Certificate of
is certified to be correct. This instrument and this certificate are duly registered at t date and
time and in the Book and Page shown on the first page hereof. M .
Deputy
n �,(1p.14 a mjL County Register of Deeds
C-834621v02_ 17215.0011 4

n
000,183 000769
„ EXHIBIT A
Being all that 39.44 acre tract or parcel of land located in Transylvania County, North
Carolina, shown as Lot 2 on that Special Subdivision plat entitled "Record Map of Lots 1 & 2
(Parcel 1-A)," prepared by Freeland-Clinkseales & Associates, Inc. of N.C., dated June 24, 2003,
and recorded in Plat Cabinet 1_, Slide �0 1 in the Transylvania County Public Registry.
C-83462102_ 17215.00011 5

oOO183
000770
EXHIBIT B
UNITED STATES BAI%M RUPTCY COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
In re:
RFS ECUSTA INC. and
RFS US INC.,
Debtors.
Chapter 11
Case No.: 03-10360
Case No.: 03-10358
imum lm orl' JUL -1 2003
Jointly Administered
SIXTH ORDER.AUTHORIZING THE' SALE:01? SUBSTANTIALLY ALL
OF THE DEBTORS' :ASSETS FREE AND .0 xAR OF ALL LIENS; CLAIMS,
ENCUMBRANCES, AND OTHER INTERESTS. AND EXEMPT FROM STAMP
OR SINffi:AR TAXES; AND THE. COItSU1VIMATION OF ALL.TRANSACTIONS
RELATED THERETO; PURSIJANT� TO:BANKRUPTCY CODE SECTIONS
105, 363, AND 1146,AND BANKRUPTCY:RULES 2002; 6064, AND. 6006
The above -captioned debtors and debtors. -in -possession (collectively; the "Debtors"),
having filed their fourth motion, dated June 3, 2003.(the "Bulls Sale Motion'), pursuant to H
105 and 363 of Title 11' of the United States Code (the 'Bankruptcy'. Code") for an order.
authorizing the sale of substantially all. of the Debtors' remaining assets to New Tech
Environmental, Inc. or an entity to be formed by or an affiliate of New Tech. Environmental, Inc.
that is assigned the rights of and assumes the obligations of New Tech Environmental, Inc. under
the Transaction Docnments'(as hereafter defined) (the "Purchaser"), free and clear of all liens,
claims, encumbrances, and other interests, authorizing the Debtors to consummate all
transactions related to the above, and granting such other relief as is fair and equitable; and due
and proper notice of the Bulk Sale Motion having been given; and all responses to the Bulk Sale
Motion having been withdrawn, resolved, or overruled; and after due deliberation and sufficient
cause appearing therefor,
C-92319305 IT215.00011

3T IS HEREBY FOUND AND DETERMINED THAT: 0 0 Q i "
A This Court has jurisdiction to hear and determine the Bulk Sale Motion and all
related matters pursuant to 28 U.S.C. §§ 1334 and 157.. Venue of this proceeding in this district
is proper pursuant to 28 U.S.C. § 1409, The Bulk Sale: Motion constitutes a core proceeding
pursuant to. 28 U.S.C. § 157(b)(2)(A), (13), (N), and (0)•.
B. Proper, timely, adequate and sufficient notice ' of the Bulk Sale Motion and the
sale of. the Assets (as hereafter defined) was provided pursuant to Bankruptcy Rules 2002, 6004,
and 6006, and previous orders of this Court, and such .notice was reasonable, sufficient and
appropriate under the circumstances presented.' No other or further notice of the Bulk Sale
-Motion or the entry of this -Order is necessary.:.- A reasonable opportunity to object, respond, or to
otherwise be heard.'regarding the relief requested in the Bulk Sale Motion has been afforded to
:.:. .::.::.:.>::,•;.
all interested parties.
C. The Debtors::are the.sole and lawful. owners. of all the Assets, -and the Assets,
pending the consummation of the sale, hereunder, constitute property of the Debtors' estates
pursuant to § 541(a) of the Bankruptcy Code..
D. The Debtors have determined in the exercise of their business judgment, to: (i)
sell all of their right;. title, and .interest in and to the .Assets upon the terms and conditions set
forth herein; and (ii) .consummate all. transactions contemplated herein and in the Transaction
Documents (subject to the provisions in the fourth through sixth decretal paragraphs below).
E. The provisions, of §§ 363(b), 363(f), 363(m), and 363(o) of the Bankruptcy Code
have been complied with and are applicable as to the Assets.
F. The Debtors,. as debtors in possession, (i). have full corporate power and authority
to execute the Transaction Documents and all other documents contemplated by the Bulk Sale
G828193v05_IT215.00012 2

. 000 i e 2
Motion with regard to the Assets, (ii) have all of the corporate power and authority necessary to
consummate the transactions contemplated by the Bulk Sale Motion with regard to the Assets
and the Transaction Documents, .and (iii) .have taken all corporate action necessaryto authorize
and approve the sale described in the Bulk Sale Motion and the consummation by the Debtors of
transactions contem lated thereby.
the P
G. The Debtors have demonstrated sound business justifications for the sale in
accordance with the Bulk Sale Motion •and the Letter. Agreement (as defined below) and the
other transactions and actions contemplated, by the Bulk .Sale Motion.with. regard to the Assets
pursuant to §.363(b) of the Bankruptcy :Code, outside -of a plan of reorganization, and it is a
-reasonable exercise of the.Debtors' business judgment to execute, deliver and consummate the
Transaction Documents. with the Buyer and consummate. the transactions coritemplated by the
Transaction Documents.
H. Consummation of the: sale. of -the. Assets,. as contemplated herein and in. the
Transaction Documents is in :the best intefests of the 'Debtors, their estates, creditors, equity
security holders, and other parties in.interest. .
I. The sale of the Assets is properly authorized;under all applicable provisions of the
Bankruptcy Code, including without limitation, §§ . 105, 363, and 1146 of the Bankruptcy Code.;
wi<` •';`
7. The sale of. the Assets contemplated herein represents the highest or otherwise
best offers received -for the Assets following the conduct of an open and complete sale process
(including a public auction) reasonably calculated to yield the highest or. otherwise best offers for
the Assets.
K. The consideration provided by the Purchaser for the Assets (i). is fair and
reasonable, (ii) constitutes reasonably equivalent value, reasonable market value and fair
6.828193v05_ 172L5.00011 3

:M
X
,)0'77- 1
consideration for the Assets under the Bankruptcy Code and under the laws . of the United States,
any state, territory, possession or the District of Columbia, (iii) is the highest or otherwise best
offer for the Assets and (iv) will provide a greater recovery for the Debtors' creditors and other
interested parties than would be provided. by any other. practically available alternative.
L. The transfer of the Assets to. the Purchaser under the Transaction Documents will
be a legal, valid, and effective transfer of the Assets and will, upon the.occurrence of the Closing
(as hereafter defined),' vest .in the Purchaser all right, title and interest of the Debtors in the
Assets free and clear of -all liens, claims, encumbrances, and other interests, including, without
limitation, mortgages,: security'interests, pledges, liens, replacement Heins, judgments, demands,
encumbrances, or charges of any. kind qr.nature,.:if any, including, but not limited to, any
restriction on -the transfer, receipt of income or other exer'cise­of any attributes of ownership
(collectively, "Liens"), and. all. -debts-arising in -.any way in connection with any. acts of the -
Debtors, claims (including but not limited to "claims'! as. that term is -defined. in the Bankruptcy -
Code), obligations, demands, guarpties, inie'iests,'.apd matters of any kind and nature, -whether
arising prior. to or subsequent to the 66 . m . m e . n : cement, of . these. 'Chapter . 11 cases, and whether
law,. equity, or otherwise, - including, but not limited to,
imposed by agreement, understanding;
those relating to taxes arising under or out of, in connection with, or in any way relating to the
operation of the Debtors' businesses prior to. Closing (collectively, "Claims"), with all such
Liens and Claims, and any and all other interests to attach to the net proceeds of sale (the "Sale -
Proceeds") of, and with the same force, effect :and priority as such Liens, Claims and other
interests had against, the Assets, and holders thereof shall be permanently enjoined from
asserting such against the Assets and the Ppichaser and shall look solely to the Sale Proceeds.
t
C-M193vO5 17215.000LI 4

000183
00'7'74
M. As a condition to purchasing the Assets, the Purchaser requires that the Assets be
sold free and clear of all Liens, Claims and other interests and that it shall have no liability
whatsoever for any. obligations of or Claims against .the Debtors, except as may be expressly
permitted in the. Transaction Documents. The Purchaser would not enter into the Transaction
Documents and consummate the transactions contemplated by the Bulk Sale Motion, thus
adversely affecting the Debtors, their estates, and their creditors, if the sale of the Assets to the
Purchaser was not -free and clear of all Liens, Claims and other interests of any kind or nature
whatsoever, or if the Purchaser would, or in the future could, be liable for any such Liens or
Claims and if the transfer of the Assets could:not be -.made under § 363 of the Bankruptcy Code.
N. The transfer of the Assets to the Purchaser free and clear of all Liens, Claims and
other interests will not result in. any undue_ burden, or prejudice to any holders of any Liens;
Claims or other interests sinceall'such Liens and Claims :of any kind or nature whatsoever shall
attach to the Sale:Proceeds in the order'oftheirpriority, with the same validity, force and effect
which. they now have as against the.Assets, subject to any claims and- defenses the Debtors or
other parties may possess with respect thereto.
O: The Letter Agreement was negotiated, proposed and agreed to by the Debtors and
the Purchaser as parties thereto without collusion, in. good faith, and from arm's-length
bargaining positions. The Debtors and the Purchaser have at all times acted in good faith and in
accordance with applicable law. The Purchaser is a good faith purchaser for value with respect
to the Assets under § 363(m) of the Bankruptcy. Code and will be acting in good faith pursuant to
§ 363(m) of the Bankruptcy Code in closing the transaction contemplated by the Bulk Sale
Motion and the Transaction Documents in accordance therewith.. By reason of the foregoing,
upon Closing, the Purchaser will be entitled to all of the protections afforded under § 363(m).
G82819MS_ 17215.00011 5

000775
as engaged in any conduct that would cause or permit the
Neither the Debtors nor the Purchaser h
nder § 363(n) of the Bankruptcy Code. The sale of the
Transaction Documents to be voided u
Assets approved by this Order is not subject to avoidance pursuant to .§ 363 (n) of the Bankruptcy .
Code, and the consideration provided by the: Purchaser for the Assets under the Transaction
Do
cuments including, upon its execution, the Asset Purchase Agreement) shall be deemed to M1
constitute reasonably equivalent value and fair consideration.
¢ sumed Liabilities (as defined below), the
p. Other than with respect to the As
y virtue of this Order or the Transaction Documents or the transactions
Purchaser shall not b
contemplated hereunder or thereunder, be deemed to have "successor'.' liability or responsibility
for claims against or obligations, of Debtors arising prior to or as a result. of the purchase and sale
of the.Assets hereunder.
The sale of the Assets to the Purchaser will maximize the value of the Debtors'
estates and is in contemplation of the implementation of a plan of liquidation and necessary to
the confirmation and consumrnation of any .such plan. Accordingly, .the sale of the Assets shall
be deemed a sale "under,a .plan" within the meaning of § 1146(c) of the Bankruptcy Code and
shall'be exempt from any and all .stamp taxes, recording taxes, and similar.taxes, including
zeal .property transfer tax, although such
without limitation any real estate transf
er tax and any LY
sales do not constitute a sub rosa plan.of reorganization. The Asset Purchase Agreement is not a -
sub rosa Chapter 11 plan for which approval has been sought with the protections that a
disclosure statement would afford and is not in violation of creditors'. and equity security interest
holders' voting rights.
R. The relief requested in this Bulk Sale Motion is reasonable and in the best
interests of the Debtors' estates and creditors.
A
C-828193v!)5_ 17215.00011 6 -

cooIS3
000 0'76
NOW, THEREFORE,. IT IS HEREBY:
ORDERED that the Bulk Sale Motion is granted; and it is further
ORDERED that all responses to the Bulk Sale Motion have been withdrawn or otherwise
resolved, or are hereby overruled; and it is further
ORDERED that the letter agreement (the "Letter Agreement"), to be entered into by and
among the Debtors, the Purchaser, and the Debtors' securedlender in these cases (the "Lender"),
a substantially complete draft of which was' attached to the Bulk Sale Motion as exhibit A, is
hereby approved; and it is further
ORDERED that the Debtors are authorized to negotiate and execute an asset purchase
agreement (the "Asset Purchase Agreement,": and together with the Letter Agreement, the
"Transaction Documents") with'the Purchaser setting forth the definitive -terms of this sale,
subject only to the prior written consent of the Lender and the official committee of unsecured
creditors (the •"Committee"), to the form and substance thereof; provided however that the
Debtors shall • provide the union representing the Debtors' former hourly employees ("PACE")
and the Bankruptcy Administrator for the -Western District- of North Carolina (the "Bankruptcy
Administrator") notice and three business. days' opportunity to object to the form of the Asset
Purchase Agreement prior to its execution; and it is further
ORDERED that if the Debtors and the Purchaser negotiate and execute an Asset
Purchase Agreement, and if the Committee and the Lender expressly consent in writing to such
Asset Purchase•Agreement prior to its execution, and if PACE and the Bankruptcy Administrator
do not timely file an objection to such Asset Purchase Agreement prior to its execution, then the
Asset Purchase Agreement is hereby deemed to be approved as of its execution, and will be
C-82819MS_ 17215.00011 7

000777
effective and binding on all parties.upon execution thereof without further order of this Court;
and it is further
ORDERED that in the event that'the Debtors, the Purchaser, the Committee, and the
Lender do not agree on the form and substance of an Asset Purchase Agreement, or PACE or the
Bankruptcy Administrator timely.files an objection to such Asset Purchase Agreement prior to
the execution thereof, this Court willschedule and conduct an expedited hearing thereon at the
earliest date available on the C:ourt's calendar; and it is further
ORDERED that all of the terms, .conditions, actions, rights, remedies, and obligations
contained in each and any: of the Transaction Documents (including, upon its execution, the
-Asset Purchase Agreement),.including but not. limited to the funding obligations 'related to the
Debtors' operations; the sale of.certain of the Debtors' assets; the use -of cash collateral, and the
access to the Debtors' facilities, is hereby. approved and is binding on all parties thereto; and it is
further
ORDERED that Jim McMiIlan is hereby. authorized- to execute on behalf of the Debtors
the Transaction Documents and all other .documents necessary to consummate the transaction
authorized in this Order, and it is further
ORDERED that so long.as he acts in accordance with the terms of this Order and in the
absence of gross negligence or winll misconduct, Jim McMillan (a) shall not be subject to any
personal liability for any claims arising . from his participation in the consummation of the
transaction authorized iri this Order, (b)'is.hereby released by the Debtors,.TBCC, the Committee
and the Purchaser from any such liability; and (c) no party may make a claim against Jim
McMillan for any act or. omission !arising in connection with his participation in the
consummation of the transaction authorized in this Order; and it is further
M1 l G828193vt15_ 17215.00011 : ` - .., ,�°.a• bkY�,b ,c4r o- t#o.<.
8

S`
4.'
W.
000183 :..::...:.. ..:...........: .
Q007 748 ..
ORDERED that within one business day of the entry of this Order, the Purchaser shall
pay $50,000 as a good faith deposit (the "Deposit"), such Deposit to be.treated in accordance
with Paragraph 6 of the LetterAgreement; and it is further
ORDERED that to the extent the .Purchaser identifies one or more of the Debtors'
" to be purchased and assigned
«Leases . a
executory contracts and/or unexpired leases (the ) P .
pursuant to the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement) and hereto, the • Debtors shall .promptly- file a motion pursuant to § 365 of the
Bankruptcy Code for authority to assume such Leases and.assign- them to the Purchaser, and the
Purchaser will be responsible for all.cure'costs associated therewith; and it is further
ORDERED that oa or before the closing of the sale: (the "Closing"), the Purchaser shall
pay to the -Debtors in cash, certified check, wire transfer, or .other immediately available funds
_ acceptable to the Debtors, -the Purchase Price (as defined below); -and it is further
ORDERED that the Debtors are authorized to sell to the Purchaser all of the Debtors'
remaining assets, except for those assets specifically identified in the Transaction Documents as
excluded therefrom, "AS IS,' WTMRE IS," without recourse and without any representations or
warranties (except as may be .set forth in this Order or the Transaction Documents), for the price
(the "Purchase Price"). of $1.3 million, subject to'a potential Purchase Price reduction not to
exceed $50,000, as identified in the Transaction Documents, and to consummate the transactions
contemplated in the Transaction Documents.(including, upon its execution, the Asset Purchase
Agreement) with the proceeds to be. paid by Purchaser at Closing to be deposited into the
Debtors' Account No. 001952624378 at First Citizens Bank; and it is further
ORDERED that the Debtors are, without any further corporate authorization, authorized
to execute and deliver, and empowered to perform under, consummate and implement, the
�r
4829193v05_ 37215.00011 9 ..

000183 000179
Transaction Documents (including, upon its execution, the, Asset Purchase Agreement), together
with all. additional instruments and documents that may be reasonably necessary or desirable to
implement the Transaction Documents (including, upon its execution, the Asset Purchase
Agreement),.an . d to take all further actions as may be necessary for the purpose of assigning,
transferring, granting, conveying and conferring to the Purchaser or reducing to the Purchaser's
possession, the Assets, or as may :be necessary or appropriate to the performance of the
obligations as contemplate . d by the Transaction Documents (including, upon its execution, the
Asset Purchase Agreement); and -it isfiarther
ORDERED that except.as expressly set forth in the Bulk Sale Motion, the Transaction
Documents (including, upon. its execution, the Asset Purchase Agreement) or this Order, the
Purchaser assumes no employee liabilitiesthat"arose prior to Closing, including any accrued but
unbilled liabilities; and it is flaher
ORDERED that the transfer of the Ags6ts to the Purchaser pursuant to, and subject to the
terms of, the Transaction Documents -(including, upon -its execution, the Asset Purchase
Agreement) shall constitute a legal, valid and effective transfer of the Assets, and shall, upon the
occurrence of the Closing; -vest in the. PurchaseryursWqlt to §.363(f) of the Bankruptcy Code all
right, title and interest of the - Debtors - in. and to the applicable Assets to be acquired -by such
Purchaser free and clear of all Liens, Claims and other interests of any kind or nature
whatsoever, with all such Liens, Cliaims.and other interests to attach to the Sale Proceeds in the
order of their priority, with the same validity, force and ef ect. which they now have as against
the Assets, subject to the terms of this Order and the.fights, claims, defenses, and objections, if
any, of the Debtors and all interested parties with respect to such Liens, Claims, and other
interests; and the holders of such Liens, Claims, and other interests shall be permanently
83
C-828193vO5_ 17215=0 11 10

00
000,780
enjoined from asserting such against the Assets or .the Purchaser and shall look solely to the
proceeds of sale; and it is further
ORDERED that this Order (a)' shall be effective as a determination that, on the Closing
date with respect to -any Assets, and subject to the occurrence of the Closing, all Liens, Claims
T Closing as to the Assets
n rtoth eCos
' tm s o exls
h atsoe ver g
natur
e w
and oth
er
r intere
sts of an
Y
ki
nd or .� P
transferred' -on such Closing date pursuant to the Transaction Documents (including but not
limited to any claims under any applicable revenue, pension, ERISA, tax, labor, environmental ..
or natural resource law, rule or regulation, or any -products ,liability law) have been
unconditionally released and terminated as to such..Assets, and that. the. conveyances'described
herein have been effected, and.(b) shall be binding upon and shall govern the acts of all entities,
including without limitation, .all filing: agents, fling officers; title agents, title companies,
recorders of mortgages, 'recorders. of 'deeds, registrars of deeds, administrative agencies,
governmental departments, secretaries of state, federal, ;state, and' local officials, and all other
persons and -entities who may be required by operation of -law, the ,duties of their office, or
contract, to accept, file, register or otherwise record or release any. documents or'instruments, or
who may be required to report or insure any title or state of title in or to any of the Assets; and it
is further
ORDERED that except as. expressly permitted: or otherwise. specifically provided for in
the .Transaction Documents (including; upon its. execution,. the Asset Purchase Agreement) or
this Order in respect of the Transaction Documents (including, upon its execution, the Asset
Purchase Agreement) or the Assets to be.transferred by the Debtors, the Purchaser shall have no
liability or responsibility for any liability or other obligation of the Debtors arising under or
related to such Assets and, to the extent allowed by law, the Purchaser (and its officers, managers
6829193v05 17215.00011 11

600183
0001781
and members) shall not .be liable for any other claims against the Debtors or any of their
predecessors or affiliates, and the Purchaser shall have no successor or vicarious liabilities of any
kind or character whether known or unknown as of -the Closing under. the .Transaction
Documents (including,• upon its execution, the Asset Purchase .Agreement), -now existing or
hereafter arising, whether fixed .or•contingent, with respect to the Debtors or any obligations of
the Debtors, other than the Assumed Liabilities, arising prior to the Closing under the
Transaction Documents .(including, -upon its execution, the Asset Purchase Agreement),
including, but not limited to, any liabilities under any revenue, pension, ERISA, tax, labor,
environmental or natural resource law,•iule or regulation; or any products liability. law, arising,
accruing, or payable under; out of in connection with, or ih any way relating to the -operation of
the Debtors' businesses prior to the Closing; and• it is further. -
ORDERED that this Court. retains and. shall have exclusive jurisdiction to endorse and
implement the terms and. provisions of this Order, the Transaction Documents, all amendments
thereto, any waivers and consents thereunder, and each of theagreements executed in connection
therewith in. all respects or the rights and duties of the parties hereunder or thereunder or any
issues relating to any .of the foregoing, and to- resolve any. dispute concerning any of the
foregoing, including, but not limited to, retaining jurisdiction 'to (a) interpret the terms,
conditions and provisions of any of the foregoing, (b) compel' delivery of the Assets to the
Purchaser or order the specific performance of any act to. be performed by the Debtors or any
other party to consummate the sale, and (c) compel .'delivery of the Purchase Price or
performance of other obligations owed to the Debtors by the Purchaser;:and it is further
ORDERED that subject to Closing and consummation of the - transaction, each and every
federal, state and local governmental agency, recording office or department and all other parties,
C•828UM5_ 17215.00011 12

600183
000782
person or entities is hereby directed to accept this Order for recordation as conclusive evidence
of the free and clear, unencumbered transfer of title to the Assets conveyed to the Purchaser; and
it is fiuther
ORDERED that subject to Closing and consummation of the transaction, the provisions
of this Order authorizing the sale of the Assets free and 'clear of Liens, Claims and interests (with
such Liens and Claims to attach to.the proceeds of the sale of the Assets as provided in this
Order) shall be self-executing, and• neither the Debtors, the Purchaser nor any other party shall be
required to execute or file releases, termination statements, assignments, cancellations, consents
or other instruments to effectuate, consummate and/or implement. the provisions .hereof with
respect to. the sale;.. rovid however, that this Paragraph shall not excuse such. parties from
performing any•and.ali of.the respective obligations under the Transaction Documents; and it is
... ..:•` ;::..
further
ORDERED that if any person :or entity that has filed financing statements, mortgage,
mechanic's liens, Us pendens, or other documents or agreements evidencing Liens or Claims
against or in the Assets shall not have. delivered to the -Debtors .prior to the Closing date, in
proper form for filing and executed by. the appropriateparties, releases; termination statements,
assignments, cancellations, consents, instruments of satisfaction, or such other instruments to?>
'
effectuate, consummate and/or implement the provisions hereof with respect to the sale with
regard to all Liens: and Claims that the person or entity has with respect to the Assets or
otherwise, the Debtors or the Purchaser are hereby authorized and directed at Closing to file with
any federal, state or local governmental agency, recording office or department and all other
parties, persons or entities this -Order as conclusive evidence of the free and clear, unencumbered
C-828193,,05_ 17215.00011 13
• r'. .. , . '

GoOJ83
000'783
transfer of title to the Assets conveyed to the Purchaser. to effectuate, consummate and/or
implement the provisions hereof with respect to the sale of the Assets; and it is further
ORDERED that consummation of the Transaction Documents (including, upon its
execution, the Asset Purchase Agreement) and the transactions contemplated therein and thereby
do not effect a de facto merger or consolidation of any, Debtor and the Purchaser or result in the
continuation of the Debtors' business under the Purchaser's control. The Purchaser is not the
alter ego of, a successor in interest -to, or a continuation. of:the Debtors, nor is the Purchaser
otherwise liable for the Debtors' debts and obligations, unless specifically provided for in the
Transaction Documents or pursuant to this Order,- and it is further
ORDERED that all entities that are presently, -or on the Closing date may. be, in
possession of'some or all of the Assets are hereby directed to surrender possession of the Assets
to the Purchaser on the Closing date for. such Assets; and it is further
ORDERED that. nothing contained in any. plan of reorganization (or .liquidation)
confirmed in these cases .or the order of confirmation confirming any such. plan shall conflict
with or derogate from the provisions. of the Transaction Documents (including, upon its
execution, the Asset Purchase Agreement) or the terms of this Order;. and it is further.
ORDERED that the reversal or modification on appeal of the authorization provided
any Assets shall not affect the validity of the sale of such
herein to consummate the sale of
Assets to the Purchaser, unless such authorization is duly stayed pending such appeal prior -to the
Closing date with -respect to such Assets; and it is further
ORDERED that notwithstanding anything herein to the contrary, nothing herein shall in
any way affect or diminish any rihts of the Debtors or any successor thereto (including any
g
chapter 11 or. chapter 7 trustee) with respect.to obligations of the Purchaser arising under the
GS28193v05_ 17215.00011 - 14

G:
Y C'�
. f.
i� i -
Transaction Documents (including, upon its execution, the Asset Purchase Agreement) or this
Order. The terms and provisions of the Transaction Documents (including, upon its execution,
the Asset Purchase Agreement) and this Order shall be binning in all respects upon, and shall
inure to the benefit oiy the Debtors, their estates, and their creditors, the Purchaser and their
respective affiliates successors and assigns and any affected third parties (including, but not
aims in the Assets to be sold to the Purchaser),
limited to, all persons asserting Liens or Cl
notwithstanding any subsequent appointment of .any trustee(p) under any chapter of the
Bankruptcy Code, as to which trustee(s) such -terms and provisions likewise shall be binding; and
it is further
ORDERED that -in furtherance of the. foregoing,. in the event of the -conversion of the
Debtors' cases, any Chapter'7 trustee(s)shall. be obligated to perform under the Transaction .
Documents (including, upon its execution, the Asset'Purchase Agreement) -to permit the Debtors'
estates to realize the full value. of the- sale toi-the Purchaser and to permit the Purchaser to
consummate the transactions provided -in -and. contemplated. by the Transaction Documents
(including, upon its execution, the Asset Purchase Agreement); and the Transaction Documents
(including, upon its execution, the Asset Purchase; Agreement) shall not be executory contracts
their res ective successors s is <.;'s'•<>':
that such trustee(s) can reject, and the.Purchaser and the Debtors, and p
shall be entitled to the remedy of specific performance so as to be permitted to consummate the
transactions provided in and contemplated by the Transaction Documents, as permitted under
applicable non -bankruptcy law; and it is further
ORDERED that the Transaction Documents (including, upon its execution, the Asset
Purchase Agreement) and -any related agreements, -documents or other instruments may be
modified, amended or supplemented by the parties in accordance with the terms thereof, without
'�:. •:fib 1: '>"•� `.i,;:+i',:f."r:�f
' - - �,-`f�:vrf r .4o.«tifi<•>ja'<4-�. iG ' - i;ta':•l
c saa1eaAs_ 17215.10011 15

0a0:.84)oo-iss
further order of the Court, provided that any such modification, amendment or supplement does
not have a material adverse effect on the Debtors' estates and is, if occurring prior to the Closing
date, approved by counsel for each of the Debtors, the Purchaser, the Committee and the Lender;
and it is further
ORDERED that all of the Debtors' interests in the Assets to be acquired by the Purchaser
shall be; as of the Closing date and upon the occurrence ofthe Closing, transferred to and vested
in the Purchaser. Upon the occurrence of the Closing, this. Order shall be considered and
constitute for any and. all purposes a full and complete -general assignment, conveyance and
transfer of the Assets acquired by the Purchaser at such Closing under the Transaction
Documents (including, upon its execution, the Asset Purchase Agreement) and/or a bill of sale or
assignment transferring ;good and marketable; indefeasible title and interest in the Assets
acquired by the Purchaser under the Transaction Documents. (including, upon its execution, the
Asset Purchase • Agreement) to the Purchaser; and it is.further.
ORDERED that as of the'Closing date, thePurchaser shall be hereby granted immediate
and unfettered access to the Assets acquired by the Purchaser; and it is further
ORDERED that if the Purchaser fails to pay the Deposit as set forth above, or breaches.
any other or further obligation hereunder, under 'the Letter Agreement, or, following its
execution, under the Asset Purchase: Agreement, (A) all rights of the Purchaser to the Assets
shall be immediately waived and/or .terminated, and.(B) the Debtors may sell by private sale or
public auction; at their discretion, the Assets to another purchaser or purchasers pursuant to the
terms and conditions of the Expedited .Sale Order (as defined in the Bulk Sale Motion) or any
further or other order of this Court; and'it is further
G828193v05_ 17215.00011 16

Is.
()00183
000786
Op consummation of the sale, the Purchaser shall assume,
ORDERE
D that immediately upon
all liabilities and obligations in and relating to the Assets purchased by it hereunder (except for
the Liens, Claims, and other interests that are transferred and released by the terms hereof), and. .
those liabilities explicitly identified in the Transaction.Documents, (including, upon its execution,
the Debtors shall have no other or
eement) as assumed liabilities, and
the Asset Purchase Agr
:j
further obligations or liabilities related thereto; and it is further
ORDERED that the provision in Bankruptcy. rule 6004(g) staying an order authorizing
the use, sale, or lease of property until the e:kpiratiori.of ,.10 days afterentryof such order is
hereby waived; and it is -further
ORDERED that pursuant to § 1146(c) of the Bankruptcy Code, the. making delivery,
related transfer documents and (ii) any and all
filing, or recording 0 (i) any deed, assignment Or
hereunder, arid'under� the Transaction Documents
other instruments of conveyance OF transfer.he -
orn d - shall: not be taxed under any Federal,
(collectively. "Conveyances"), are :exempt ft an..
p tax, transfer tax, or similar tax, including,
State,%or local law imposing -a recording,tax;'stalrk
without limitation, transfer and recordation taxes applicable to deedsand assignments of leases,
including.wit . hout limitation the any real estate transfer tax and any real property transfer tax
authorized and
d.. recording. officers are hereby
(collectively "Transfer Taxes"). All filing an
or filing, and record or file *immediately upon presentation
directed to accept for recording il
thereof, the Conveyances, without the payment of any such Transfer Taxes and without the
requirement or presentation of any affidavit or form with respect to any Transfer Tax regarding
rnmental authorities or -taxing authorities shall be permanently
the Conveyances. All gove
enjoined from commencing or -maintaining any action to collect from the Purchaser, the, Debtors,
from the transfers to be effectuated under the
or the Assets any Transfer Taxes arising
17
=9193A5 17215-00011

000787
Transaction Documents, and this Court retains jurisdiction to enforce the foregoing direction, by
contempt or otherwise; and it is further
ORDERED that .the. Debtors .be, and hereby are, authorized to consummate the sale
contemplated hereunder without the necessity of complying with any state or local bulk transfer
requirements; and it is further
ORDERED that the failure specifically to include any particular provisions of the
on its execution; the Asset Purchase Agreement) in this
Transaction Documents (including, up
Order. shall not diminish or impair the efficacy of such prd-visions, it being the intent of the Court
that such documents are approved in their entirety.
Dated: Charlotte, North Carolina
June 2003
(Dated &s of date Ordered) •
Chief United States Bankittptc . Judge

D Mike Cody
RFS Ecusta, Inc.
PO Box 200
Pisgah Forest, NC
Subject: NPDES COC # NCG120014
RFS Ecusta Inc.(1 Ecusta)
Compliance Schedule Correction
Transylvania
Dear D Mike Cody:
huu 11 LUVV
It recently came to the Division's attention that the compliance schedule in the NCG120000 permit is
incorrect. The compliance refers to requiring a Stormwater Pollution Prevention Plan which is not a
requirement of this permit. The corrected compliance language that should go under Part III, Section A: 1. is
shown below. We have also attached a new page reflecting this change for your permit file (Part III page 1 of
11). This new page should replace the current page in your permit.
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with the permit in accordance with the following schedule:
Existing Facilities: Upon the effective date of the Certificate of Coverage the permittee shall comply
with all of the conditions detailed in Part II, Section A: Final Limitations and Controls for Stormwater
Discharges.
New Facilities: Upon the beginning of discharges from the operation of the industrial activity the
permittee shall comply with all conditions detailed in Part II, Section A: Final Limitations and Controls
for Stormwater Discharges.
If you have any questions concerning this matter please contact Aisha Lau at
[phone], ext. 578.
cc: Stormwater and General Permits Unit
Asheville Regional Office
Central Files
NCDENR
Customer Service
1 800 623-7748
Sincerely,
f"Alan W. Klimek, P.E.
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

�O Gv
r_
b al ~i
Michael F. Easley
Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
- -_Division of Water Quality
July 31, 2003 :1
Will Sagar
Transylvania County AUG 4 J 2Qo3� r
500 Howell Road
1Brevard, NC 28712
Subject: NPDES COC # NCG120076' _
Transylvania County Landfill
Compliance Schedule Correction
Transylvania
Dear Will Sagar:
It recently came to the Division's attention that the compliance schedule in the NCG120000 permit is
incorrect. The compliance refers to requiring a Stormwater Pollution Prevention Plan which is not a
requirement of this permit. The corrected compliance language that should go under Part III, Section A: 1. is
shown below. We have also attached a new page reflecting this change for your permit file (Part III page 1 of
11). This new page should replace the current page in your permit.
SECTION A: COMPLIANCE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with the permit in accordance with the following schedule:
Existing Facilities: Upon the effective date of the Certificate of Coverage the permittee shall comply
with all of the conditions detailed in Part II, Section A: Final Limitations and Controls for Stormwater
Discharges.
New Facilities: Upon the beginning of discharges from the operation of the industrial activity the
permittee shall comply with all conditions detailed in Part II, Section A: Final Limitations and Controls
for Stormwater Discharges.
If you have any questions concerning this matter please contact Aisha Lau at
[phone], ext. 578.
cc: Stormwater and General Permits Unit
Asheville Regional Office
Central Files
NCDENR
Customer Service
1 800 623-7748
Sincerely,
/ �
f"Alan W. Klimek, P.E.
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

Fax
Iro;
Fax:. F
Phone:
Ro:
C'.omin
Requested
57a p.i
E usta Business Development Center
Environmental Operations
William J. Ashbroo&
Becker 5rom: Director, Envirorirncnt2tl Operations
Tel. 828 / 884-5544
Fax [phone]
c-mail: "w.ic hbrookg)ecusta,com'I
51-6452 Numbor3 including this one
Pages
Gate: 9/18/2003
CC.,
�I
Sorry it took s� long; when we moved a lot of Stull• go . misplaced.
P1CaSe. Note,; The information coutuined in this facsimile message is privileged and c:onfidential and is
intended only for the use of the individual or entity named above and others who have been specifically
authorized to receive it_ Tf you are not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received the
COMMUnicatiob in error, or if any problems occur with transmission, please notify us inunediately by
telephone. Tha ik you

Sep 18 03 11:57a
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael . Easley, Governor
William _ Doss Jr., Secretary
Gregory . Thorpe, Ph.D.,Acting Director
April 23, 2002
1). Mike ody
RFS Ecus a, Inc. (NC 1533)
PO Box 2 )0
Pisgah Fo est. NC 28768
,IT
1
.WFMh%q WOW%
NCDENR
NORTH CAR01,INA DEPARTMENT OF
ENviRONMENT AND NATURAL RCSOURCC$
Subject: Acknowledgement of Rescission Reyuo-tit
RFS Ecusta, Inc. (NC 1533)
NPDE.S Permit No. NCG120015
Transylvania County
Deity Mr. ¢ody:
This i , to acknowledge receipt of your request that NPDES Permit No. NCG12UU15
be rescinded-- Your request indicated that this permit is no longer needed.
By copy of this letter, 1 am requesting confirmation From our Asheville Regional
Office thai this permit is no longer needed. After verification by the Regional Office that
the permit is no longer, needed!, NPDES Permit No. NCG 120015 will be rescinded.
If the c is a need for any additional information or clarification, please do not hesitate
to contact ohcrt. Farmer at [phone], ext. 531.
Sincerely,
ikl E. Shannon Langley, Supervisor
Point Source Compliance/ Enforcement Unit
cc: Ashc illc Water Quality Regional Supervisor - Wattachments
Paint 3ourco Branch - Bradley Bennett - w/attachments
Point 3ource Branch - Robert Farmer - Wattachments
Central Files- w/aWichments
1617 Mail Serviceponter, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal pp"unity Affirmative Action Employer 50% rocycled/ 10% post-consumor paper

M
r & TOU
'rTON
PERMIT COVERAGE
�SUSSION REQUEST FORM
I National I'c)Ililtant Uisebarge Elimin:itjon .System
ytormwatelr General Perilk NCG120000
RFS IiC:US`['A, INC. (NC 15 33)
OX NllIII her NCU 120015
Transylvania County
The following ;s the
carefully and make
izillonnalion currently in our datahnso for your facility. Please rcv;ew this inRtnnation
corrections
i n ibrrrl:It ion.
-'ill as ncccssar,Y in llle sparse provided to the richl of• the current
For OlRe Urn
F;1Gilily Name:
1tFS li(:[ISTA.INC. (NO 1Si3)
0.1❑
Mailing Address*:
M BOX 2m
PISOAH 14OR +S-r, N(' 2R708
l,0catiot) Address;
N UI' N(' 1533 ANt) L' OF 1.51
❑
YISGA111 ORUS'I', NC 23761 _ __.. _ —
❑
Farilily C.'.()n1�tcl:
I)MIKY.CODY
Phonc Number:
7048772347 —
❑
°ax Nutnhcr:
No panther on file
❑
I', -;hail addrem,
No address on IIlc y"' —
dN��.�c s�cl►�.C�,
❑
❑
*This is Ilu: address
to which all I)ornlit e:orresp()ttdencc will he mailed
Rca%,)Il for rm:ission
r(:clttc:st: — t?G.[�1. �� A+*e'.
axg
REQUEST AND ciamvicAroN
I, as an authorized re
Permit NCGi 1200M for
rescmativc, ttarcby requcsl i-mcission of covur,•lge under NPT)I;S Stormwalcr Ocneral
tite slrh act L•lcillly. T aln familiar will) the infortttation CUntl)ned in
lu the heq of my a<:nn
Ilus request and that
vI'd"c stld h,: lief ouch ; ft tl )rnullu)n is rruc, cotnnit,fc and accur:He,
Signtlturc
-- —. 1)aIC3
Print or ty
C rlalne ol'person si��f�ih; above Title
Please return this
rOscissseal rcquesl and arty relevant documentation 10:
General Permit (:ovcra�e ltescissieru
Attn: Valc•ry Stephrn,,;
Stctr•rtml(c:r and G?oncral Pernlits till;(
1617 Mail Service C enit:r
Raleigh, North Carolina 27699- 1617
FQr Oflirn Il.^,a Qnl
Rcwh;;R J4 I M
kryucxt I>ulc ❑
p.3

tate Vf �qvr (Earnfin x
err of $Iwrk
ROY COOPER Suite 300 Western Office
ANorneyGeneral 124 College Street Phone: [phone]
Asheville, NC 28801 Fax: [phone]
FACSIMILE TRANSMISSION COVER SHEET
Note: The information contained in this facsimile message is confidential information Intended only for the use
of the individual or entity named below. If the reader of this message Is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have
received this telecopy In error, please Immediately notify us bytelephone and return the original message to us
at the address above via United States Postal Service. Thank you.
DATE: July 26, 2003
TO: Forrest R. Westall
Division of Water Quality
Asheville Regional Office
FAX NUMBER: 251.6452
FROM: Sueanna P. Sumpter
Assistant Attorney General
Attorney General's Western Office
SUBJECT: Ecusta, Operating Costs Estimates
NUMBER OF PAGES INCLUDING COVER SHEET:" 10
COMMENTS: Forrest, attached are the last couple pages ofyour 20 March 2003
affidavit, filed in DENR's adversary proceeding (related to Ecusta°s bankruptcy
action), along with Exhibit F, spreadsheets provided by Mike Cody.
Sueanna
10
l0'd SV:qL COOZ GZ Inf 8CC9-19Z-8Z2 xed 391AA0 M N39 11U

well as the terms and conditions of the permits issued to
DWQ and the Division of Waste Managw►ent f- fail to properly n.....�...,.�
manage, and maintain the wastewater collection' a4d treatment.
systems on site; fail to provide continuous sources .of electrical
power; fail to provide qualified. staff to operate and monitor the
systems; fail to properly remove and dispose of hazardous wastes on
site; or fail to properly de*water the new ash landfill; there is -
a reasonable probability .of imminent harm to the waters of the
State of North *Carolina, a.nd ' isimtinent' .dazzger to the public health,
safety, and welfare.
33. I. have reviewed the debtor's fixings in this Court,
ixicludi'ng their Motion for an Order Authorizing Funds for Full
Compliance With Environmental Regulations and Permits (Dooket No.
-156) and exhibits thereto,. I have also reviewed. cost estimates
provided to this agency thin month by -defendants' eavironmental
staff at the mill. sate. Copies of spreadsheets provided to the
agency by defendants' staff are. attached; marked as "Exhibit E,"
and incorporated by reference herein. Eased upon that review -and
fey own knowledge of the site and. wastewater collection and ..
treatment systems, and amakizig reasoned assumptions where data was
not available or had not yet'been developed,'X have estimated the
costs-aasociated with operation and maintenance of the. wastewater
collectionand treatment systems on the site.
'-14- .
ZO'd SV:VL £OOZ 9Z Inf 8££9-L9Z-HO:xei 301AA0 A NIS 11V

These cost estimates do not include expenses associated
wizen ar,osur'e ofl the island o& new ash' ],dfills, or management and
disposal of hazardous wastes now located on the mill site, or.
removal and proper disposal of radioactive materials on -the site,
or other activities required to achieve compliance with those
environmental programs administered and enforced by agencies within
DUNR other than the DWQ'. Purther, these estimates do not include.
costs necessary to deal with protection or xemediation of surface
and groundwaters in the event of an unauthorized discharge to those
waters of conts=ination from building roofs, construction
materials, or solid or hazardous wastes.
55. Assuming the mill site does not resume production, the
total tirst,�year costs aegociated'with temporary stabilization and
operation of the wastewater collection and treatment, systems.'are
estimated to ,be $6,285,072..60. Perpetual costs for properly
collecting, treating, and disposing of wastewater on the mill Mite
are estimated to be 41,264,598.10. annuallSr. These eati3mates' are
,subject to --revision upon development of more definite data.
Further affiant saith not.
-15-
88'd 9V:U1 800Z 8Z Inf 9H9-19Z-8Z8:X6d 301Jd0 A N39 liV

..Regional..Water 'Quality supervisor
Division o� Water Quality.
Sworn -to and s'ybsori ed before, me,
this the ''day of March, 2 03.
otary P l�.c
My' CoExpire.-
(SEAL).
-16-
VO 'd
9V:Ul 600Z 9Z InP
8s E9-19�-8Z8:Xe� 3OI JO � NIO lld

Item
Conamons montmy
Electricity
$20,000.00
Chemicals & Equipment
$1,400.00
Maintenance
$465,75
Generators °°
$36,000.00
Security
$141000.00 .
Site Personal Environmental
$15,000.00
Repair
$0,000.00
Office Supplies, Pagers;
$250.00
Crab Testing
$2,167,00•
Total .
$95,282.75.
90'd 9V:VL EOOZ 9Z Inf
EXHIBIT F
8E89-19Z-8Z8��e� 301AJ0 A NIO 11V

CLOSURE COSTS SUMMARY
Site. Closure Costs
Ash Landfill $730,370 (See Ash Landfill worksheet)
Process Landfill $1,374,215 (See Process Landfill worksheet)
Sludge Landfill $4,399,040 (See Sludge Landfill worksheet)
$6,503,625
Note;
Closure costs do not include long term monitoring and maintenance
F XHIBIT C
90"d 9V:V[ EOOZ 8Z Inf 8889-19Z-8Z8:Xe3 3013JO A N39 11U

Ecusts Lgndfill.Cia$ure
3/20/03 S6eo & Maher Engineers, Inc.
/A`.d IV:VL unz nz InP GU9-19Z-H9:Xe9 391JA0 M N39 liV

TASK
UNITS
QUANTITY
UNIT COST
PRICE
1
MOBILIZATION '
LS
1
$
10,000.00
$
10,000.00
.2
EROSION CONTROL
LS
1
$
5,000.00
$
5,00.0.00
3
SILT FENCING
LF
2,000
$
3.50
$
7,000.00
4
REGRADE WASTE
DAYS
12
$
1,200.00
$
14.400,04
5
LIGHTWEIGH-T FILL. PLACEMENT (4-)
CY
100,000
$
10,00
$
11000,000,00
(Off -site Source)
6
GEOGAID
5F
663,400
$
1.00
$
653,400.00
.7
50-MIL GEOMEMBRANE .
SF
663,400
$
1.00
$
553,400.00
8
DRAINAGI: LAYER (12" - #78M)
CY
24,200
$
20.00
$
484,000.00
9
PLACE 18" COMPACTED SOIL.
CY
36,300
$
10.00
$
363,000.00
(from off -site source)
10
PLACE 6" VEG6TATIVE SOIL
CY
92,100
$
14.00
$
169,400A0
(from off-3he source)
11
LANDFILL PIPING 12"
LF '
.4,000
$
38.00
$
140,000.00
12
' LANDFILL PIPING 6"
LF
10,000
$
20.00
$
200,000.00
13
SEED,MULCH,LIME & PERT
UNIT
670
$
40.00
$
26,800.00
TOTA
3,725,400.00
10% CONTINGENCY
$
372,646.00
ENGINEERING DESIGN & BID
$
150,000.00
ENGINEERING OVERSIGHT AND RA/QC
$
150,000.00
ENGINEERS ESTIMATE
$
.4,399,040.00'
Note: Assumes 4' lightweight fill with geogrid over Waste, 60-mil geomembrane, 124nOhes #78M stone, 18-inches
of Compacted Common Borrow and 6-inches of vegetative layer.
Piping System placed within lightweight fill and #78 stone is HOPE of 6 and 12-Inch diameter SDR 11 pipe.
All quantities are In place measure.
Ecusta Landfill Closure
3/20/03
80"d LV:Vl OOOZ SZ InP
Sevee & Mahar Engineers, Inc.
8OE9-19Z-8Z8 Xe3 301330 A N30 IiV

TASK
UN T9
L QUANTITY
UNIT COST
I
PRICE
1
MOBILIZATION
LS
1
$
10,000.00
$
10,000.00
2
EROSION CONTROL/SEDIMENT TRAP
LS
1
$
5,000.00
$
. 61000.00
3 "
SILT FENCING
LF
6,000
$
3.50
$
21,000.00
4
EROSION CONTROL BLANKET
SY
3,000
$
2.00
$
6,000.00
5
REMOVE EXISTING TOPSOIL (6")
CY
18,760.
$
5.80
$ ,
108,760.00
6 .
REGRADE WASTE
DAYS
12
$
1,200;00
$
14,400,00
7
PLACE 18" COMPACTED SOIL
CY
55,250'
$
10.00
$
582,500.00
(from aff-site source)
.8
PLACE 6" VEGETATIVE SOIL
CY
18,750.
$
14.00
$
262,600,00
(from off -site source)
9 '
ROADWAY FABRIC
SY
51500
$
2.00
$
11,000.00
10
ROADWAY SUBBASE
CY
2,000..
$
20.00
$.
40,000.00
11
ROADWAY BABE
CY
2,100
$
25.00
$
52,600.00
12
SEED,MULCH,LIME & PERT
UNIT
11050.
$
40.00•
$
421000,00
TOTALS
1,135,650.00
10% CONTINGENCY
$
113,665.00
ENGINEERING DESIGN & BID
$
25,000.00
ENGINEERING OVERSIGHT AND QAIQC
$
100,000.00
ENGINEERS ESTIMATE
$
. 1,374,216.00
Note; Assumes. all waste fill .areas capped with 18" Barrier Soil and 6" Vegetative Layer, -Seeded and Mulched
All quantities are in place measure..
Ecusta Landfill Closure
3l20/03
60 'd LV: V l EOOZ 8Z I n r
Sevee & Maher Engineers, Inc.
8889-15Z-$ZB:xed 3OIdd0 A N30 IiV

TASK
UNITS
QUANTITY
UNIT COST
PRICE'
1.
MOBILIZATION
LS
1'
$
10,000.00
$
10,000.00
2
EROSION CONTROL
LS
1
$
2.000.00
$
2,000.00
3
REMOVE EXISTING TOPSOIL
CY
11,000
$
5.80
$
63,800,00
(from existing cover)
4
REGRADE WASTE
DAYS
12
$
1,200.00
$
14,400,00
5
PLACE 18" COVER SOIL
CY
33,750
$
10.00
$
337,500.00
(from off -site source)
6
PLACE 6"VEGETATIVE SOIL
CY
1.1,260
$
12.00
$
136,000.00
(from off -site source)
:7
SEED,MULCN,LIME &'FERT
UNIT
600
$
40.00
$
24.000.00
TOTALS
586,700.00.
10% CONTINGENCY
$
58,670.00
ENGINEERING DESIGN & BID
$
25,000;00
ENGINEERING•QV.ERSIGHT• AND QA100
$
$0;000.00
ENGINEERS ESTIMATE.
$
730,370.00•
Nate. Assumes all ash fill areas capped with 18" Barrier Soil end 6" Vegetative Layer, Seeded and Mulched
All quantities are in place measure.
Ecusta Landfill Closure
W20103
0I'd 9V:Vl 600Z 8Z Inf
Sevee & Maher Engineers, Inc.
9H9-I.H-8Z8:xed 301dd0 A N39 11U

State of North Carolina
ROY COOPER Department o(Justice,
ATrORNEY CE"WRAL R 0. Box 629
RALEIGH
Phone; .919/716-6600
Fax- 919/716-6767
X C 0 V I E I I S I E -E T-
TO: D
n, n I e-. y.1 qe4l"",
FROM: W--, - I L C'Ec,
DATE: —3 QS
RE: rA A,4,::�—
NUMBER OF PAGES (Including transmittal sheet)- 13
CON -FIRM RECEIPT OF DOCUMENT(S) IF MARKER HERE-
3 200'

ROY COOPER
ATTORNEY GPENERAL
State of North Carolina
Department of Justice
R O. BOX 629
RA[ SIGH
27602-0629
September 3; 2003
Williarn W. Toole, Esq.
Robinson Bradshaw & Hinson
101 North Tryon Street, Suite 420
Charlotte, North Carolina 28246
REPLY TO, James C. Gulick
Environmentaf Division
jgulick@mail_jus_state.nc.us
Telephone: 919171 "600
Fakc 919R16.6767
Via e-mail and facsimile to 704.373.3973
Markus R. Mueller, Esq.
Corporate Counsel and Secretary
P-H. Glatfelter Company
96 South George Street, Suite 500
York, PA 17401
Via e-mail and facsimile to,717.846.2419
Re: "Ecusta Site" (the "Site")
Pisgah Forest, North Carolina
Dear Bill and Markus:
Prior to the closing of the purchase of the mill by Ecusta Business Development
Center and its affiliates, we had what I thought were some fairly useful meetings to
discuss how the various environmental issues at the site might be addressed. Both of
your clients (through you) expressed willingness to perform certain work, and/or pay
money, in relation to the site's environmental challenges, and for that we are
appreciative. Unfortunately, since the purchase both your clients appear to have taken
a harder line with one another. In our view, global resolution is in the interest of all
concerned; Glatfelter, so it oan limit its liability, ESDC; so the requisite permits and
approvals can be garnered and a Brownfieids Agreement signed, and the State, so the
environment can be protected.
.We believe it essential that negotiations be resumed at once with the purpose of
negotiating a division of responsibility for work to be performed at the site. We would
like negotiations to resume no later than next week and to be concluded by October 1,
2003. In our (the States) ideal world, your clients could make that division without us.
However, recognizing that is unlikely, we are prepared to be an active participant, along
with your clients and their environmental consultants of choice, in the negotiations. We

ad to make available necessary staff and offices for meetings in Raleigh for
Pe.
Here are the topics we view as needing to be addressed in this manner:
• closure, post -closure care and ground- and surface -water monitoring of the
process island landfill;
.• closure, post -closure care and ground- and surface -water monitoring of the ash
and sludge landfills, including collection and treatment of the ash landfill leachate,
whether or not the pulping operation is resumed;
• closure of the ASB, including post -closure care and ground- and surface -water
monitoring if needed;.
assessment, and remediation if any is necessary, of the caustic, mercury and
any other non -landfill contamination resulting from releases and/or disposal at the site;
storage, handling and disposal of hazardous materials remaining on -site from
prior operations.
Please respond to this letter by Tuesday, September 9, 2003..Thank you.
Sincerely,
V IV
es C. Gulick
for Deputy Attorney General
cc: Daniel C. Oakley
Dexter Matthews
Bruce Nicholson
Forrest Westall
Robert Gelblum
Bonnie Sawyer

ROBINSON BRADSI-HAW & HINSON
WILLIAM W. TOOLE
CHARLOTTE OFFICE
August 21, 2003
Via Overnight Mail
Markus R. Mueller
P.H. Glatfelter Company
96 South George Street
Suite 500
York, PA 17401-1434
DIRECT DIAL: 704.377,a373
DIRECT FAX: [phone]
[e-mail]
Re: Demand for Environmental Response at former P.H. Glatfelter Company ("Glatfelter")
Site located in Pisgah Forest, North Carolina
Dear Mr. Mueller:
As you know, this firm represents New Tech Environmental, Inc. ("New Tech") .and
Ecusta Business Development Center, LLC ("EBDC"). On August 8, 2003, EBDC purchased
out of bankruptcy certain assets of RFS Ecusta Inc. and RFS US Inc., including the former P-H.
Glatfelter manufacturing and disposal facility located in Pisgah Forest, North Carolina (the
"Site"). Glatfelter used the Site for the disposal of large quantities of wastes containing
hazardous substances at three separate and significant locations. New Tech's environmental
investigation, which New Tech shared with you and your team on June 20, also -identified
additional caustic and mercury contamination above applicable standards and for which
Glatfelter is liable. The United States Environmental Protection Agency, the United States
Department of Justice, the North Carolina Department of Environment and Natural Resources
("DENR"), and the North Carolina Attorney General, as well as the North Carolina Governor's
Office, have also taken direct action to investigate and respond to these areas.
New Tech has incurred significant costs to respond to Glatfelter's disposals, releases, and
threats of releases. The response costs incurred include: $150,000 to investigate the Site; over
$490,000 to operate environmental systems necessary to control releases and threats of releases
at the Site; and. legal fees to respond to the environmental conditions for which Glatfelter is liable
under federal, state and common law. EBDC will continue to incur costs of .response after
August 8, 2003, including costs to: cover. the three landfills located on the Site; control and treat
ash landfill leachate; investigate and respond to caustic and mercury contamination-, and conduct
additional investigation as the federal and state agencies may deem appropriate.
New Tech and EBDC have made concerted efforts to engage Glatfelter in a reasonable
resolution to environmental problems that have attracted national attention as well as intense
C-832014v03 17/215.000II
Attorneys at Law _
Charinrre Office: 101 North Trvon Sr-. Suite 1900. Charlorre- NC. 24246 Ph- 7n4 ,77 ?S,f, 12 - 704 ;7a Annn

Mr. Markus R. Mueller
August 21, 2003
Page 2
federal and state interest. Glatfelter has yet to offer a reasonable long-term solution. -New Tech
and EBDC are coming to the unpleasant conclusion that Glatfelter prefers to delay addressing its
environmental obligations, following an established pattern of ignoring environmental
obligations that dates to at least 1990.
New Tech and EBDC set out below one last effort to involve Glatfelter in a resolution of
these issues. They also set out the essential features of Glatfelter's liability so that there will be
no doubt as to their intent if a resolution to these matters cannot be, found. We trust that
Glatfelter will not misinterpret as weakness efforts by EBDC and New Tech to find cost-
effective, mutually acceptable resolutions to the environmental problems at the Site.
I. New Tech and EBDC have no liability for the existing environmental conditions at
the Site_
New Tech has no liability under the Comprehensive Environmental Compensation and
Liability Act ("CERCLA') because it never owned or operated the Site. EBDC has no liability
under CERCLA because it is a bona fide prospective purchaser. 42 U.S.C. § 9607(r)(1); 42
U.-S.C. § 9601(40). EBDC has made all appropriate inquiries into the previous ownership and
uses of the facility and shared those results with. Glatfelter. This investigation determined that
disposals of hazardous substances at the facility occurred before the acquisition by EBDC.
As required by law, EBDC must exercise appropriate care with respect to the hazardous
substances found at the facility. 42 U.S.C. § 9601(40)(D). EPA has issued a letter outlining the
minimum care that is appropriate at this site. See Correspondence from Winston A Smith,.
Director, Waste Management Division, EPA Region IV to William W. Toole dated July 24, 2003
("Due Care Letter"). "Appropriate care" does not require EBDC to remove contaminated soil or
treat contaminated groundwater. "Interim Guidance Regarding Criteria Landowners Must Meet
in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or
Innocent Landowner Limitations on CERCLA Liability,"'. pp. 9-10. EBDC's costs to perform
this minimum level of care are recoverable costs of response. Because neither EBDC nor New
Tech have any liability under CERCLA, both are entitled to recover their costs of response_,.
jointly and severally under § 9607 from Glatfelter or any other previous owner- and operator of
the Site. See Axel Johnson, Inc. v Carroll Carolina Oil Co., Inc., 191 F.3 d 409 (4th Cir. 1999).
II. Glatfelter is liable to investigate and cleanup the environmental problems at the
Site, and to reimburse all costs — past, present and future - incurred by New Tech
and EBDC to investigate and respond to -environmental. problems at the Site.
Glatfelter is obligated under the Resource Conservation and Recovery Act ("RCRA') to
properly investigate and cleanup the environmental problems at the Site, including immediate
closures of the three landfills, at its sole expense. 42 U.S.C. § 6972(a). Glatfelter contributed to
the disposal of solid waste that presents animminent and substantial endangerment to health or
C-8320I4v03 17715.00011

Mr: Markus R. Mueller
August 21, 2003
Page 3
the environment. An endangerment is a "reasonable cause for concern that someone or
something may be exposed to a risk of harm if remedial action is not taken." Adams v. tVT/R
Homes, Inc., 135 F_Supp.2d 675, 688 (D.Md. 2001), quoting Foster v. U.S., 922 F.Supp. 642,
661 (D.D.C.1996). EBDC need only show there is "a risk of harm, a more lenient standard than
the traditional requirement of threatened irreparable harm." U.S. v. Waste Industries, Inc., 734
F.2d 159, 165 (4th Cir. 1984) (interpreting same provision in 42 U.S.C. § 6973).
EBDC is entitled to recover from Glatfelter its costs of litigation, including attorneys' and
expert witness fees. 42 U.S.C. § 6972(e). See, e.g;, Dague v. City of Burlington, 732 F.Supp.
458, 472 (D.Vt. 1989) (ordering landfill closure where leachate collection system
"approximately 90% effective"; ordering payment of attorney and expert witness fees to
plaintiffs). Glatfelter is also at risk for civil penalties of up to $25,000 per day. 42 U.S.C. §§
6928(g), 6972(a).. If it must do so, EBDC will force Glatfelter to take the actions necessary to
deal with environmental problems on the Site.
New Tech and EBDC are also entitled to collect all costs of response — past, present and
future they have incurred in this matter. New Tech has spent more than $640,000 to .conduct
necessary environmental investigation and maintain essential environmental operations at the
Site since May 19, 2003. "[A]ny person who at the time of disposal of any hazardous substance
owned or operated any facility at which such hazardous substances were disposed of ... shall be
liable for ... all other necessary costs of response incurred by any other person consistent with
the national contingency plan." 42 U.S.C. § 9607(a)(2),(4)(B). Glatfelter was an owner and -
operator of the Site at the time that hazardous substances were disposed in the three landfills, �on
the ground and in the groundwater at the Site. "Disposal" includes migration and leaking
through soil and groundwater as well as the initial deposit of a hazardous substance. Nurad, Inc.
v. William E. Hooper & Sons Co., 966 F.2d 837, 845-46 (4th Cir.), cent. denied 113 S.Ct. 377
(1992). New Tech need not show that Glatfelter's waste particularly caused the contamination
addressed by their response costs. U.S. v. Monsanto Co., 858 F.2d 160, 169-70 (4th Cir. 1988).
The concentration of those hazardous substances is irrelevant; any, amount is sufficient to
establish Glatfelter's liability for response costs. U.S. v. Alcan Aluminum Corp., 990 F.2d 711,
720-21 (2nd Cir. 1993). New Tech's environmental investigation costs, expenses incurred to
control and treat leachate migration, and prevent public access to the Site, as well as to enforce a
response from Glatfelter and others, are recoverable response costs. 42 U.S.C. § 9601(25).
EBDC and New Tech also have claims against Glatfelter under the North Carolina Oil
Pollution and Hazardous Substances Control Act, 15A N.C. Gen. Stat. § 143-215.83 et seq., as
well as at common law. The time and money that would be spent on such litigation, however, is
better spent focusing on solutions to the environmental conditions at the Site.
C-83201403 17215.00011

Mr. Markus R. Mueller
August 21, 2003
Page 4
III. New Tech and EBDC are willing to negotiate a reasonable resolution to this matter.
New Tech and EBDC are willing to negotiate a reasonable resolution of Glatfelter's
liability in this matter. Their proposal, by area of concern, is as follows.
A. Glatfelter must close and monitor the process island landfill.
Glatfelter must immediately close and monitor the process island landfill because
Glatfelter was an owner and operator at the time of disposal. EBDC is prepared to provide
.logistical support on a contract basis to be negotiated, if desired by Glatfelter.
B. Glatfelter guarantees to North Carolina the proper closure of the ash and
sludge landfills.
Glatfelter, as an owner and operator at the time of disposal, is responsible for the closure
of the ash and sludge landfills. These landfills, like the process island landfills, contain
hazardous substances. Glatfelter is liable for closing these landfills now. If Glatfelter prefers to
defer these costs, and perhaps avoid them altogether, EBDC is prepared to market the pulp
operation, ash and sludge landfills as a going concern. Marketing the pulp operation as a going
concern will require Glatfelter to guarantee to North Carolina the proper closure of these
landfills. If Glatfelter prefers to close the ash and sludge landfills immediately, then EBDC
would convey them to.Glatfelter upon terms and conditions to be discussed.
C. Glatfelter must respond to the caustic and mercury contamination to the
satisfaction of state and federal authorities.
The caustic spill occurred prior to Glatfelter's sale to RFS Ecusta. By letter dated June
12, 2003, DENR stated that further investigation of the caustic spill is necessary. The obligation
to investigate and respond to this caustic spill is Glatfelter's, and EBDC expects Glatfelter to
conduct the investigation and cleanup required by DENR.
Glatfelter has similar responsibility for the mercury contamination assaciated with the
electrochem building and also found in the nearby drainage ditches. EBDC expects Glatfelter to
conduct the investigation and cleanup required by federal and state agencies to address this
identified contamination. EBDC is willing to place institutional controls over the area of
contamination and so attempt to limit agency demands for further investigation or cleanup..
r
C-832014v03 17215.00011

Mr. Markus R. Mueller
.August 21, 2003
Page 5
D. Glatfelter must reimburse New Tech for the response costs that New Tech
has incurred to date.
New Tech has incurred over $150,000 to conduct environmental investigation at the Site,
and over $490,000 for costs to maintain environmental operations at the Site. In addition, New
Tech has incurred substantial attorney fees to investigate and enforce this matter. New Tech will
agree to offset these amounts, however, with the amount that New Tech owes Glatfelter under
the Environmental Cost Sharing Agreement between Glatfelter and New Tech dated May 16,
2003, and the Amendment to Environmental Cost Sharing Agreement between Glatfelter and
New Tech dated June 16, 2003.
E. GIatfelter must pay for the costs of collecting and treating the ash landfill
leachate.
Glatfelter designed and installed in 2000 a system to collect and treat Ieachate from the
ash landfill. This system must be maintained on an ongoing basis and is a cost of response for
which Glatfelter is liable. EBDC expects Glatfelter to either undertake directly the operation and
maintenance of this system or reimburse EBDC for operating and maintaining the system.
F. Glatfelter is responsible for additional investigation and response, if needed,
as required by environmental agencies.
To the extent that state or federal agencies require additional investigation or response,
EBDC will look to Glatfelter to conduce the additional investigation and response.
In the interest of promoting a settlement, New Tech and EBDC are making no claim at
this time for response costs associated with managing the hazardous materials, including
hazardous wastes,. that Glatfelter left on site when it sold the facility to RFS Ecusta. EBDC has
not made any claim, at this time, for the costs associated with preventing the release or threat of
release of asbestos containing materials or maintaining radioactive wastes and materials. Each of
these costs, as set out in the Due Care Letter from EPA, are costs of response under CERCLA
recoverable from Glatfelter. If no settlement can be arranged, EBDC will seek these costs from
Glatfelter as well.
Glatfelter cannot escape its obligations under federal and state law; it must respond to
environmental matters at the Site in a responsible manner. To find a mutually satisfactory
resolution of this matter, New Tech and EBDC are willing to forgo some of their claims.
Neither, however, is willing to accept Glatfelter's environmental obligations. New Tech and
EBDC strongly urge Glatfelter to adopt a cooperative approach that allows the parties to jointly
address the environmental problems at the Site.
C-832O14vO3 17215.GOO11

Mr. Markus R. Mueller
August 21, 2003
Page 6
In recognition of the time that will be involved to prepare a satisfactory written
agreement memorializing settlement, I attach a tolling agreement providing forty-five days to
enter a final written settlement agreement. If you find everything in order, please execute where
indicated and return the executed original to me. Best personal regards.
Sincerely,
ROBINSON, BRADSHAW & HINSON, P.A.
, 'i/
William W. Toole
cc: New Tech Environmental, Inc.
Ecusta Business Develoent Center, LLC
Mr. James C. Gulick
Blake W. Thomas
C-832014vo3 17215.00011

TOLLING AGREEMENT
THIS TOLLING AGREEMENT ("Agreement") is entered into as of the 22nd day of
August, 2003, by and between New Tech Environmental, Inc. ("New Tech") and Ecusta
Business Development Center, LLC ("EBDC"), on the one hand, and P.H. Glatfelter Company
("Glatfelter"), on the other hand. Hereinafter, New Tech, EBDC and Glatfelter shall be
collectively referred to as the "Parties." In consideration of the mutual covenants and promises
contained herein, the Parties agree as follows:
1. The Parties each agree to toll, from August 22, 2003 until the earlier of (a) the
effective date of termination pursuant to notice as provided in paragraph 4 below or (b) October
6, 2003, inclusive (the "Tolling Period" ), the running of any statute of limitations or repose,
lathes or other time -related defenses or arguments (such statutes, lathes, defenses or arguments,
collectively, hereinafter "Time -Based Defenses") with respect to any causes of action, lawsuits
or claims that any Party or Parties may have against any other Party or its subsidiaries, affiliates,
parent corporations, employees, agents, officers or directors (such causes of action, lawsuits or
claims, hereinafter "Claims"). Each Party agrees that the Tolling Period shall not be considered
for purposes of any computation with respect to any Time -Based Defenses to any Claims.
2. Each Party expressly waives and agrees not to assert any Time -Based Defenses to
any Claims to the extent such Time -Based Defenses are based on delaying to assert Claims or
commence suit during the Tolling Period.
3. Each Party agrees to forbear commencing any lawsuit or taking any legal action
against another Party or its subsidiaries, affiliates, parent corporations, employees, agents,
officers or directors until the termination of the Tolling Period.
4. Any Party may terminate the Tolling Period by giving prior written notice to the
other party to this Agreement by certified or registered mail of its intention to do so, with the
termination of the Tolling Period being effective 5 days after successful delivery of such written
notice. Any such notice shall be mailed to:
For New Tech or EBDC:
William W. Toole
Robinson, Bradshaw & Hinson, P.A.
101 North Tryon St., Suite 1900
Charlotte, North Carolina 28246
For Glatfelter:
Markus R. Mueller .
P.H. Glatfelter Company
96 South George Street
Suite 500
York, PA 17401-1434
5. Nothing contained herein shall be construed as a release of any rights, claims,
crossclaims, or counterclaims of any Party, it being the Parties' intent to preserve all such rights
and claims.
6. It is understood and agreed by the signatories that this Agreement:
(a) Does not constitute and shall not be construed as an admission against or
as a waiver of any position presently available to any signatory hereto; and
— .1- —1. n1 1Tf<1V1/111

(b) Shall not be used as support for an argument, whether legal or factual, or
as evidence in any action or proceeding for any purpose other than the enforcement of the
terms hereof.
7. This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their successors and assigns.
8. This Agreement may be modified by mutual consent in writing, signed on behalf
of all Parties.
9. This Agreement constitutes the entire agreement between the Parties regarding the
tolling of Time -Based Defenses.
10. This Agreement may be executed. in counterparts, each of which shall be deemed
an original, and all of which, when taken together, shall constitute a single agreement. Faxed
signatures shall have the same effect as originals.
WHEREFORE, the parties hereto hereby execute this Agreement as of the day and year
indicated above.
NEW TECH ENVIRONMENTAL, INC.
Printed Name:
Title:
ECUSTA BUSINESS DEVELOPMENT
CENTER, LLC
Printed Name:
Title:
P.H. GLATFELTER COMPANY
Printed Name:
Title:
C-837491,01 17215.00011 '� -•

STATE OF NORTH CAROLINA INI
COUNTY OF TRANSYLVANIA,
STATE OF NORTH CAROLINA, )
ex rel., WILLIAM G. ROSS, JR., )
SECRETARY, NORTH CAROLINA )
DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Plaintiff, )
V. )
RFS ECUSTA, INC., a Delaware )
Corporation, and RFS US, Inc., )
a Delaware Corporation, )
Defendants. )
MAY 2 0 �UO3
JUDGMENT
.i•
THIS MATTER COMING ON TO BE HEARD and being heard before the
undersigned Judge Presiding over the 19 May 2003 civil session of
the Superior Court for Transylvania County, North Carolina, upon
the plaintiff's motion for default judgment and it appearing to the
Court as follows:
1.. The plaintiff, State of North Carolina, ex rel. William
G. Ross, Secretary of the North Carolina Department of Environment
and Natural Resources ("DENR"), commenced this action on 21 October
2002 by filing of a verified complaint and issuance of civil
summons.
2. This action is for injunctive relief and has been brought
pursuant to N.C.G.S. H 130A-18, 130A-294, 143-215.6C, and 143B-
279.1. The plaintiff has sought both preliminary and permanent
injunctive relief requiring the defendants to comply with those
statutes and rules of the State of North Carolina enacted and
promulgated for protection of the environment of this State, all as
described in the, plaintiff's verified complaint filed in this
matter.

-2-
3. The defendants were duly served with the summons and
complaint on October 22, 2002.
4. The Court entered a Preliminary Injunction by Consent on
9 December 2002.
5. The defendants have failed to plead in response to the
plaintiff's complaint and their default was entered by the Clerk of
Superior Court for Transylvania County on 19 March 2003.
6. Defendants. are not infants, incompetent persons, or
otherwise under disability.
7. The plaintiff's motion for entry of default judgment and
notice of hearing for same were duly served upon the defendants on
28 March 2003.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Court makes the
following CONCLUSIONS OF LAW:
1. By failing to answer the plaintiff's verified complaint,
the defendants have admitted the material allegations contained
therein.
2. The plaintiff's complaint states a good cause of action
for injunctive relief.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED as follows:
1. Defendants shall immediately take any and all measures
necessary to prevent an unlawful discharge of wastewater to the
waters of the State or deposit of wastewater onto the land surface,
and to fully comply with all permits issued by the Division of
Water Quality ("DWQ") authorizing operation of wastewater treatment
facilities and discharges from certain of those facilities; to
ensure the structural stability of the ash landfill, to fully
comply with permits issued by the Division of Waste Management
("DWM") for the ash and island landfills, and to protect ground and
surface water quality from the migration of contaminants from said.
landfills; to protect public health. and the environment from the
risks of fire, explosion or release of hazardous waste and
substances; including but not limited to the following as required
to comply with environmental lawsor permits:

-3-
A. continuously maintain electrical service sufficient to
properly operate any and all systems and equipment on
site associated with wastewater (including stormwater)
collection, treatment, and monitoring. This shall
include all systems and equipment associated with
drainage, landfill dewatering, and pumping and treating
of landfill leachate and groundwaters at the new ash
landfill;
B. continuously maintain sampling and laboratory analysis
required by the water quality permits ,held by the
defendant RFS Ecusta;
C. provide viable back-up power sources sufficient to
provide adequate standby power for proper operation of
any and all systems and equipment on site associated with
wastewater (including stormwater) collection, treatment,
and monitoring. This shall include all systems and
equipment associated with drainage, landfill dewatering,
and pumping and treating of landfill leachate and
groundwaters at the new ash landfill;
D. maintain laboratory and other environmental services,
such as collection and analysis of effluent discharged
into the waters of the State;
E. timely file the self -monitoring reports required by the
DWQ permits;
F. maintain all records required by the water quality
permits and make such continuously available to the
plaintiff for inspection;
G. maintain sufficient, qualified staff on site, or retain
qualified outside consultants or engineers, to ensure
proper operation and maintenance of all environmental
systems, and timely reporting and communications to the
DWQ regarding wastewater treatment issues;
H. properly operate and maintain all components of the
wastewater treatment systems in compliance with the water
quality permits held by the defendant RFS Ecusta, and
further maintain the dike of the ASB in compliance with

1XIM
the Dam Safety Act and implementing rules so as to
prevent any unlawful release of wastewaters into the
waters of the State;
I. timely sample ground and surface water at the Ash, and
Island landfills on a semi-annual basis, timely submit
laboratory analytical data to the Division of Waste
Management, and undertake groundwater assessment and
corrective action as may be required at each of the
landfills;
J. install final cover on the island landfill, as required
by 15A NCAC 13B § .0500, installation to begin.within 30
days of entry of this injunction and to be completed,
graded, and seeded with native grasses within 60 days;
K. maintain a source of water sufficient to ensure that the
mechanical, water -fed seals on process chemical tanks do
not fail;
L. in the event the defendants do not either resume
manufacturing operations at the Ecusta mill site or sell
the facility to a buyer with plans to resume
manufacturing operations at the facility:
1. Within thirty (30) working days after the
defendants have knowledge _ that. manufacturing
operations will not be resumed at the facility,
they shall submit to the DENR for its approval a
proposed plan for closure of all permitted
wastewater facilities and all components thereof,
and shall thereafter complete closure of these
facilities in accordance with an approved plan and
within a reasonable time to be established by the
DENR;
2. close the new ash and island landfills within the
time provided by the rules adminstered by Division
of Waste Management and in accordance with closure
plans approved by the Division of Waste Management
in accordance. 15A N.C. Administrative Code 13B
.0505. Closure is to begin within thirty (30) days

-5-
after defendants have knowledge that manufacturing
will not be resumed at the facility.
M. comply with all applicable rules governing the
management of hazardous waste at the site. Specifically,
RFS Ecusta must to the extent required by environmental
laws or permits:
1. perform, in accordance with the method set out in
40 CFR 262.11, waste determinations on all solid
wastes to determine if any such wastes are
hazardous wastes;
2. manage all hazardous waste being accumulated at the
site in containers and tanks, and manage such waste
in accordance with all applicable regulations as
specified in 40 CFR 262.34.
3. maintain and operate the facility so as to minimize
the possibility of a fire, explosion or any
unplanned sudden or non -sudden release of hazardous
waste or hazardous waste constituents to air, soil,
or surface water which could threaten human health
or the environment.
4. maintain the facility so as to ensure the continued
operation and effectiveness of all alarms,
sprinklers and other fire suppression devices.
5. retain qualified personnel, trained in accordance
with the requirements of 40 CFR 265.161, to ensure
compliance with the Hazardous Waste Rules and the
Courts Orders.
6. ensure that all materials and/or wastes are removed
from product or raw material tanks, vessels,
pipelines, or process units prior to any
interruption of electrical power or prior to
ambient air temperatures reaching temperatures
which will affect the integrity of such tanks,
vessels, pipelines or units. Conduct daily
inspections of all product or raw material tanks,
vessels, pipelines, or process units.

7. provide a complete list of all materials and
chemicals remaining at the facility.
8. perform waste determinations, in accordance with
the method set out in 40 CFR 262.11; on all wastes
remaining in product or raw material storage tanks,
transport vehicles or vessels, or in pipelines,
manufacturing units or associated non -wastewater -
treatment -manufacturing units, when such wastes
exit.. the unit, within a reasonable time to be
determined by the DENR and manage all solid wastes
determined to be hazardous wastes 'in accordance
with the requirements of 40 CFR 262.34(a), adopted
by reference at 15A N.C. Admin. Code 13A .0107.
9. RFS Ecusta shall provide written documentation
sufficient to support any claim that certain
materials are unused and unadulterated raw
materials or products, which will be used in
manufacturing processes at the Ecusta Mill, or will
be sold for beneficial use by a third party or
returned to vendors for resale. RFS Ecusta shall
provide written documentation sufficient to support
any claim that certain materials, including
materials remaining in pipelines and manufacturing
units, are being used or reused, and are capable of
being used or reused, in an on -going manufacturing
process at the Ecusta Mill. RFS Ecusta must
support its claim that such materials can and will
be recycled in a manner that will exclude the
materials from the definition of solid waste
pursuant to 40 CFR 261.2 (c) , (d) and (e) .
10. within the time allowed in 40 CFR 262.34, arrange
for the removal, transport and delivery of all
hazardous waste at the site to a permitted
hazardous waste storage, treatment or disposal
facility, and submit to DWM copies of all manifests
associated with such removal, transport and
delivery.

-7-
11. maintain all records required to be retained by 40
CFR 262.40 and 15A N.C.A.C. 13A .0107(d), and make
such documents continuously available to the
plaintiff for inspection.
2. The Court will retain jurisdiction of this case after
entry of this Permanent Injunction to enforce compliance with its
terms and conditions, resolve disputes, and take any action
necessary or appropriate for its interpretation, construction,
execution, or modification. During 'the term of this Injunction,
any party may apply to the Court for any relief necessary to
construe or enforce it.
3. Nothing in this Permanent Injunction shall relieve
Defendants of their obligation to comply with all applicable
federal, state and local laws and regulations. Nothing contained
in this Injunction shall ,be construed to prevent, alter or limit
the State's rights to seek or obtain other remedies or sanctions
available under federal, state or local environmental statutes or
regulations, by virtue of Defendants' violation of this Injunction
or of the statutes and regulations upon which it is based, or for
Defendants' violations of any applicable provision of law.
4. This Permanent Injunction shall' be enforceable by and
through the contempt powers this Court, pursuant to Chapter 5A
of the North Cr lina General tutes.
This the day of May, 20�3..
1
HONO E DEN IS J. WINNER
SUPERIO COUR°I':JUDGE PRESIDING

RFS ECUSTA, INC et. al.
Sales Approved 4-4-03
Buver
Description
Price
SCHWEITZER-MAUDUIT INTERNATIONAL, INC.
BLACK CLAWSON WINDER (PRINTING PRESS #6)
$ 5,000.00
(1) GOEBEL SC1350 OPTIMA (1996) MICROPROCESSOR
CARTIERA DEL MAGLIO S.P.A.
CONTROLLED SIMPLEX CENTER SURFACE SLITTER
REWINDER (#6) - 53" MAX. WEB 1,500 METERS/MINUTE
MAX SPEED, HYDRAULIC DRIVE
(1) GOEBEL SC1350 OPTIMA (1995) MICROPROCESSOR
CONTROLLED SIMPLEX CENTER SURFACE SLITTER
REWINDER (#6) - 53" MAX. WEB 1,500 METERS/MINUTE
MAX SPEED, HYDRAULIC DRIVE
(1) GOCKEL G50WSP MICROPROCESSOR CONTROLLED
$ 410,000.00
SLITTER MASTER KNIFE GRINDER
METRO AUTO SALES, INC
"92" FORD AEROSTAR VAN
$ 300.00
METRO AUTO SALES, INC
"92" CHEVY STATION WAGON
$ 500.00
METRO AUTO SALES, INC
SULLAIR TOWABLE AIR COMPRESSOR MODEL
$ 500.00
185DP02WJD
METRO AUTO SALES, INC
"85" FORD F-800 FLATBED W/ CRANE
$ 7,000.00
METRO AUTO SALES, INC
"88" INTERNATIONAL MODEL 1654
$ 1,000.00
METRO AUTO SALES, INC
"97" FORD LN800 FLATBED
$ 8,000.00
METRO AUTO SALES, INC
GMC "84" MODEL 2500 VAN
$ 150.00
METRO AUTO SALES, INC
"87" DODGE MODEL 150 PICKUP
$ 150.00
METRO AUTO SALES, INC
"68" CHEVY MODEL 100 VAN
$ 150.00
METRO AUTO SALES, INC
"81" FORD E150 VAN
$ 150.00
METRO AUTO SALES, INC
"86" GREAT DANE TRAILER
$ 300.00
METRO AUTO SALES, INC
"86" GREAT DANE TRAILER
$ 300.00
METRO AUTO SALES, INC
CONTENTS GARDENING/LANDSCAPE SHOP (1) SNOW
$ 200.00
BLOWER, (1) PWR BRUSH, ASSORTED HAND TOOLS
No p�`i � -' ,
TINSLEY'S SAW
MISC. GENERAL EQUIPMENT IN UPPER END MAINT SHOP
$ 4,000.00
INCL DRILL PRESS
Page t of 3
RFS ECUSTA,INC RFS US INC RF & SON
INVENTORY M&E IP
$ 5,000.00
$ 410,000.00
$ 300.00
$ 500.00
$ 500.00
$ 7,000.00
$ 1,000.00
$ 8,000.00
$ 150.00
$ 150.00
$ 150.00
$ 150.00
$ 300.00
$ 300.00
$ 200.00
$ 4,000.00

p ask 4VL 141B
74 /� s -e
G S 7
� J JCS %/J % (I � iJ l � �G�.w YZ� / ��� � •� I L � �t 'C �i � �! � (J� l/r L�Cr�� —/ tic �P J
(/0� -� a� �� a�e Picvac-tea a�,�- GJa, /C
C4.4°'/ / keZ 6 /`l� i✓ �Ivv�- //"l L v✓cc f/. i V
RFS ECUSTA, INC et. al.
Additional Bids Not Yet Presented To Court RFS ECUSTA,INC RFS US INC RF & SON
Description Price INVENTORY M&E IP
ROBINSON MTN, BBQ MICROWAVE, SS TABLE, ASSORTED POTS AND PANS,
SLICER, CHOPPER, CART $ 1,200.00 $ 1,200.00 '�c
SILVERS BROTHERS (1) TOYOTA FORKLIFT TRUCK b�3 $ 2,000.00 $ k-e &
2,000.00
LAUGHTER ORCHARDS (1) TOYOTA FORKLIFT TRUCK 17b $ 2,500.00 $ 2,500.00 Z(?,VV 1
LAUGHTER ORCHARDS (I) TOYOTA FORKLIFT TRUCK $ 2,500.00 $ 2,500.00
ROGERS MASONARY (1) TOYOTA FORKLIFT TRUCK/ ll Z $ 3,500.00 $ 3,500.00
CAFETERIA EQUIPMENT & FURNITURE C/O BLUE
CHAIRS', MIXER, -FRYER, STEAM COOKER, HOT HOOD,
ANCHOR BAPTIST GRILL, TOASTERS, BREAD WARMER, (2) $ 1,500.00 $ 1,500.00
REFRIGERATORS, SINKS, (2) WARMERS, (2) WALK IN
BOXES, PICNIC TABLES, TABLES, ETC
ANCHOR BAPTIST KOMATSU FORKLIFT TRUCK S 9 $ 4,500.00 $ 4,500.00
(1) WIDE WEB ELECTROSTATIC PERFORATOR W/
,--TANN PAPER, LTD. ELECTRODE CARRIER W/ DRAWINGS $ 8,000.00 $ 8,000.00
TANN PAPER, LTD. (1) TRIAL SIZE PRESS IN R&D ROOM $ 2,500.00 $ 2,500.00
ANN PAPER, LTD. (1) BOBBIN REWINDER W/ CORE FLUSHER $ 2,500.00
Q $ 2,500.00
bMCCCALL FORKLIFT (1) NISSAN FORKLIFT TRUCK 0 0 �S 1 $ 5,000.00 $ 5,000.00
—,,d4tcCALL FORKLIFT (2) METAL BINS $ 200.00 $ 200.00
19CCALL FORKLIFT (1) TENANT SWEEPER S 1,500.00 $ 1,500.00
"��VV//,MUNDET, INC. CIGARETTE PAPER (APPROX. 78,000 LBS; $ 20,000.00 $ 20,000.00
a --ATLANTIC PAPER & FOIL CORP (1) NASH VACUUM PUMP ON PM#r $ 5,000.00 $ 5,000.00
ATLANTIC PAPER & FOIL CORP (1) KOMAT
q r" SU FORLIFTS W/ FORK; $ 5,000.00 $ 5,000.00
G ATLANTIC PAPER & FOIL CORP (2) SWECO SIFTERS (�(k f s4V C L �j� p n� $ 6,000.00 $ 6,000.00
ANTIC PAPER & FOIL CORP (2) CARTS $ 2,000.00 $ 2,000.00
V ANTIC PAPER & FOIL CORP (1) VERTICAL PRESS $ 500.00
$ 500.00
NEWSTECH NY (1) JAGENBERG WINDER/SLITTER $ 25,000.00 $ 25,000.00
NEWSTECH NY (1) SONOCO CORE CUTTER WX; C EQUIPMENT BY
PM'S# 10 & 11 y�% e C( (y / S 5,000.00 $ 5,000.00
U�A G' �d Y ✓rt! : C 1 41�C (/LQ L- Page 1 of

1HNJ EUUSTA, INC et. al.
Additional Bids Not Yet Presented To Court
Buyer
Description
RFS ECUSTA,INC
Price
INVENTORY
/L PHARMACEUTICAL
(55) BOBBINS 29646 PLUG WRAP 27.5MM X 650(
$
557.70
$
E PHARMACEUTICAL
557.70
,/LE/�
(35) BOBBINS 29646 PLUG WRAP 27.OMM X 600(
$
321.65
$ 321.65
qj JIM NEWAN r
V
(1) NISSAN FORKLIFT TRUCK 6 2 3.� I
$
2,000.00
�/I
�GLE SHEET, INC. j0J
BEARINGS IN STORE INVENTORY PURCHASED AS IS IN
BULK
$
16,000.00
CZ� RRY VIDEX(( 4VL f l Z
(3) BLACK CLAWSON
~20,000.00
HYDRAULIC ROLL SPLITTERI
$
u - PERRY VIDEX
(1) HORIZONTAL BAILING PRESS
$
9,000.00
1/0
y„u'
+� �RE Y VIDEX
(1) JAGENBERG SLITTEWREWINDER
$
20,000.00
PERRY VIDEX
—PERRY
(2) KROFTA SAVEALL;
$
20,000.00
VIDEX
(1) BLACK CLAWSON PRESSURE SCREEN
$
8,000.00
PERRY VIDEX
(1) BLACK CLAWSON ULTRA II PRESSURE SCREEN
$
I1,000.00
r \til CAN -AM MACHINERY -
0—
(2) TRIPPLE BANK DSM SCREEN:
$
8,000.00
CAN -AM MACHINERY
(1) SINGLE BANK DSM SCREEN
9
$
2,000.00
�j --CAN-AM MACHINERY
(1) BLACK CLAWSON PRESSURE SCREEN4I V
L
$
8,500.00
/R'JIF-PACKAGING
(5) RECLAIM MACHINES
$
7,500.00
R PACKAGING
CORE
(10) FLUSHERS
$
1,500.00
_LANTIC PAPER & FOIL CORP
(1) BELOIT JONES DD4000 REFINER PM#I
$
15,000.00
ATLANTIC PAPER & FOIL CORP
(3) GOULDS MODEL 3175 PUMPS
$
6,750.00
ATLANTIC PAPER & FOIL CORP
LOT OF LABORATORY EQUIPMENT
$
17,500.00
-ANALYTICAL LAB (R&D'
FISHER SCIENTIFIC BALANCE
(2) ELECTRONIC BALANCES
FISHER SCIENTIFIC INCUBATOR
-PAPER STRUCTURE L A,B (R&D)
FISHER SCIENTIFIC BALANCE
ELECTRONIC SCALE
BLUE M INCUBATOR
METTLER BALANCE H-E
-PHYSICAL TESTING LAB (R&D.
(2) MACBETH LIGHT BOXES
Page 2 of 4
RFS US INC RF & SON
M&E TP
$ 2,000.00
$ 16,000.00
$ 20,000.00
$ 9,000.00
$ 20,000.00
$ 20,000.00
$ 8,000.00
$ 11,000.00
$ 8,000.00
$ 2,000.00
$ 8,500,00
$ 7,500.00
$ 1,500.00
$ 15,000.00
$ 6,750.00
$ 17,500.00

RFS ECUSTA, INC et. al.
Additional Bids Not Yet Presented To Court
Buyer
Description
(2) STRIP CUTTERS
FISHER SCIENTIFIC BALANCE
HUNTER LAB OPTICAL SENSOR
HERCULES SIZING TESTER
THWING ALBERT TEAR TESTER
-PHYSICAL TESTING LAB (MILL
EMVICO MICROGAUGE W/PC & PRINTER
HERCULES SIZING TESTER
2-INSTRON TENSILE TESTERS
THWING ALBERT TENSILE TESTER
ELMENDORF TEAR TESTER
MULLEN TESTER
PHOTOVOLT REFLECTION METER
TMI MODEL 549 MICROMETER
(3) STRIP CUTTERS
I� PERRY VIDEX
(2) STARCH COOKERS
PERRY VIDEX
.L
(3) BJ 3000 REFINERS"K L D I
PERRY VIDEX
(9) BJ RE) INERS (OLD SIDE)
PERRY VIDEX
(4) BJ REFINERS W/4160 VOLT MOTORS
PERRY VIDEX
(1) SPARE MOTOR
3 CAN -AM MACHINERY, INC.
(1) BJ 3000 REFINER (PM#12)
­LB'Drake & Associates
LOT CONTENTS OF PRINT SHOP C/C
BAUMFOLDAR PAPER FOLDEF
KROY DESK -TOP LETTERING SYSTEM
SOUTHWORK FOOT OPERATED PAPER PUNCH
CHANDLER & PRICE LETTER PRESSES (2)
PEERLESS HOT FOIL STAMPER
DAVIDSON DUPLICATOR MODEL 50(
DAVIDSON DUPLICATOR MODEL 501
MULTIGRAPHICS DUPLICATOF
MIEHLE 1- COLOR OFFSET PRESS
LAWSON PAPER DRILI
CHALLENGE PAPER CUTTER
CHAMPION WIRE STRETCHER
MISC EQUIPMENT
_"i-c—Drake & Associates
(3) PAPER CUTTERS C/O
POLAR-MOHR HYDRAULIC PAPER CUTTER-61'
SAYBOLD HYDRO-CUTTER-85'
SAYBOLD SABER IV-65'
Page 3 of 4
Price
RFS ECUSTA,INC RFS US INC RF & SON
INVENTORY M&E IP
$ 1,000.00
$
1,000.00
$ 15,000.00
$
15,000,00
$ 63,000.00
$
63,000.00
$ 66,000.00
$
66,000.00
$ 500.00
$
500.00
$ 5,500.00
$
5,500.00
$ 10,000.00
$
10,000.00
$ 40,000.00
$ 40,000.00

RFS ECUSTA, INC et. al.
Additional Bids Not Yet Presented To Court
RFS ECUSTA,INC
RFS US INC RF & SON
Bu .er
INTERNATIONAL, INC
Description
Titanium Dioxide (Approx. 75,000 lbs.)
$
Price
16,077.00
INVENTORY
M&E IP
/11�HWEITZER-MAUDUIT
$ 16,077.00
` CAN -AM Machinery, Inc.
(3) Nash Vac Pumps (2-4001, 1-6001 Calcium Carbonate)
$
14,500.00
$
-AM Machinery, Inc.
Reel w/ reel spools (On PM#8)
5,000.00
14,500.60
$ 5,000.00
V— CAN -AM Machinery, Inc.
Hydropurge Screen
12,500.00
$ 12,500.00
CAN -AM Machinery, Inc.
Nash 2000 Vac Pump (In Shop by PM#9)
2,000.00
$ 2,000.00
/2""an & Co. Inc.
111.86 Tons Excess Broke, CPO & Pulp Sub
$
10,626.70
$ 10,626.70
man & Co. Inc
Fork Lift Usage
$
1,300.00
$
ore Paper Company
Printing/Specialty Paper (Approx. 614.527 Tons)
$
230,140.36
$ 230,140.36
1,300.00
ore Paper Company
Bowne Paper Inventory (Approx. 955.589 Tons)
$
357,868.08
$ 357,868.08
$
1,130,541.49
$ 635 591.49
$ 494 950.00 $
Page 4 of 4

C
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
r.` SUPERIOR COURT DIVISION
COUNTY OF TRANSYLVANIA FILE NO. 03 CVS 098
STATE OF NORTH CAROLINA, )_
ex-rel., WILLIAM G. ROSS-; JR: )
SECRETARY, NORTH CAROLINA )
DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Plaintiff, )
V. )
ANCEFIN LTD, a corporation of )
the United Kingdom, )
Defendant. )
PRELIMINARY INJUNCTION
i
THIS MATTER CAME ON TO BE HEARD at the 7 March 2003 Session -
of the Superior Court for Transylvania County, North.Carolina,
upon the plaintiff's motion for preliminary injunction. The
plaintiff was present and represented by its counsel`. The
defendant was properly served with notice of this hearing, but
did not appear. Upon consideration of the plaintiff's verified
complaint, the affidavit of Jesse Wells filed therewith,
testimony of the plaintiff's witnesses, and the arguments of
counsel, the Court finds and concludes that there is reasonable
cause to suppose the plaintiff will be able to prevail on the
merits of this action, there is reasonable apprehension of
irreparable harm to the public health, safety and welfare unless
interlocutory injunctive relief is granted, and the plaintiff's
motion should be and is hereby allowed.
IT IS THEREFORE ORDERED that, during the pendency of this
action, the defendant, upon -taking title to, or exercising
dominion or control over all or any part of the Ecus.ta mill,
regardless of whether the property acquired is real, personal, or
mixed in nature:
1. Shall fully comply with all statutory. and regulatory
requirements described in the plaintiff's complaint and shall not
by act of omission or commission cause any violation of such to
occur; shall immediately, unless another time is noted below,
take any and all measures necessary to prevent an unlawful
discharge of wastewater to the waters of the State or deposit of

wastewater onto the land surface, and to fully comply with all
permits issued to its predecessor in title by the Division of
Water Quality ("DWQ") authorizing operation of wastewater
treatment facilities and discharges from certain of those
facilities; to ensure the structural stability of the a-sh
landfill, to fully comply with permits issued its predecessor(s)
in title by the Division of Waste Management ("DWM") for the ash
and island landfills, and to protect ground and surface water
quality from the migration of contaminants from said landfills;
and to take all measures necessary to ensure compliance with the
laws and rules governing the management of hazardous waste in
order to prevent a release of hazardous waste, and to minimize
the potential for harm to human health or the environment while
hazardous waste is being managed on site. The measures hereby
required of Ancefin Ltd. shall include but not be limited to the
following:
A. continuously maintain electrical service
sufficient to properly operate any and all systems
and equipment on site associated with wastewater
collection, treatment, and monitoring, including
systems and equipment associated with drainage,
dewatering, and pumping of contaminated
groundwater at the new ash landfill;
B. continuously maintain electrical service to the
facilities presently leased on the Ecusta site by
Environmental Testing Solutions, which company
presently supplies sampling and laboratory
analysis required by the water quality permits
held by the defendant RFS Ecusta;
C. provide portable electric generators sufficient to
provide adequate standby power for proper
operation of any and all systems and equipment on
site associated with wastewater collection,
treatment, and monitoring, including systems and
equipment associated with drainage, dewatering,
and pumping of contaminated groundwater at the new
ash landfill;
D. maintain laboratory and other environmental
services, such as collection and analysis of
effluent discharged into the waters of.the State;
-2-

IV
E. timely file the self -monitoring reports required by
the DWQ permits issued to defendant's predecessor
in title;
F. maintain all records required by the water quality.
permits issued to the defendant's predecessor in
title and make such continuously available to the
plaintiff for inspection;
G. maintain sufficient, qualified staff on site to
ensure proper operation and maintenance'of all
environmental systems, and timely reporting and
communications to the DWQ regarding wastewater
treatment issues;
H. properly operate and maintain all components of
the wastewater treatment systems in compliance
with the water quality permits issued to the
defendant's predecessor in title and further
maintain the dike of the ASB in compliance with
the Dam Safety Act and implementing rules so as to
prevent any unlawful release of wastewaters into
the waters of the State;
I. timely sample ground and surface water at the Ash
and Island landfills, timely submit laboratory
analytical data to the Division of Waste
Management;
J. maintain a source of water and electricity
sufficient to ensure that the mechanical and water
fed seals on p rocess chemical tanks or units,
product or raw material storage tanks, vessels and
pipelines do not fail;
K. ensure that all liquid materials, which are not
required to be managed as hazardous waste, are
removed from product or raw material tanks,
vessels, pipelines, or process units prior to any
interruption of electrical power and prior to any
interruption of a water supply to water -fed seals;
L. comply with all applicable rules governing the
management of hazardous waste at the site.
Specifically, Ancefin Ltd. must:
-3-

11
1. complete EPA Form 8700-12 to notify of all
hazardous waste activities at the facility
and identify the type and volume of waste
that will be handled by defendant at the
facility, and submit the completed form to
the DWM;
2. perform, in accordance with the method set
out in 40 CFR 262.11, adopted by reference in
15A N.C. Admin. Code 13A .0107, waste
determinations on all solid wastes, which
have not been previously characterized, to
determine if any such wastes are hazardous
wastes;
3. within thirty (30) days of the date of this
Preliminary Injunction, remove all hazardous
waste from product or raw material tanks,
vessels, pipelines, or process units;
4. if defendant contends that any of the
chemicals and materials remaining at the
facility, including, but not limited those
chemicals and materials listed in Exhibits C
and D to the Affidavit of Jesse Watson Wells,
do not constitute a solid waste or are
conditionally exempt from regulation,
defendant must submit to the DWM within thirty
(30) days of the date of this Preliminary
Injunction, and in accordance with 40 CFR
261.2(f), adopted by' -reference in 15A N.C.
Admin. Code 13A .0106, written documentation
sufficient to support such a contention. In
the event defendant fails `to submit writt en
documentation, submits incomplete
documentation, or in the event DWM determines
consistent with Section 261.2(f) that the
information submitted is not sufficient to
support a claim that chemicals and materials
do not constitute waste or are otherwise
exempt from regulation, defendant must
immediately manage all such chemicals and
materials as hazardous waste in accordance
-4-

FV
with all applicable regulations and this
Preliminary Injunction.
5. manage all hazardous waste being accumulated
at the site in accordance with all applicable
regulations as specified in 40 CFR 262.34,
.adopted by reference in 15A N.C. Admin. Code
13A .0107;
6. maintain and operate the facility so as to
minimize the possibility of a fire, explosion
or any unplanned sudden or non -sudden release
of hazardous waste or hazardous waste
constituents to air, soil, or surface water
which could threaten human health or the
environment;
7. maintain the facility, and provide for a
source of uninterrupted electrical power and
water supply, so as to ensure the continued
operation and effectiveness of all alarms,
sprinklers and other fire suppression
devices;
8. retain qualified personnel, trained in
accordance with the requirements of 40 CFR
265.16, adopted by reference in 15A N.C.
Admin. Code 13A .0110, including an emergency
coordinator as referenced in 40 CFR 265.55,
adopted by reference in 15A N.C. Admin. Code
13A .0110, to ensure compliance with the.
Hazardous Waste Rules and the Court's Orders;
9. within the time allowed in 40 CFR 262.34,
adopted by reference in 15A N.C. Admin. Code
13A .0107, arrange for the removal, transport
and delivery of all hazardous waste to a
permitted hazardous waste storage, treatment
or disposal facility, and submit to the DWM
copies of all manifests associated with such
removal, transport and delivery; and
10. maintain all records required to be retained
by 15A N.C. Admin. Code.13A .0107(d), and 40
CFR 262.40, adopted by reference in 15A N.C.,
-5-

C
Admin. Code 13A .0107, including all records
at the facility which were. required to be
retained by RFS Ecusta, Inc., and make such
documents continuously available to the
plaintiff for inspection.
2. The defendant shall immediately notify the plaintiff of
the pendency of any transaction whereby it intends to, or will
acquire title to or exercise dominion or control over all or any
part of the Ecusta mill, whether the property to be acquired is
real, personal, or mixed in nature. The defendant shall serve
upon the plaintiff's counsel copies of all motions, other
pleadings, and proposed orders filed by it in the pending
bankruptcy cases of the Ecusta Corporations (In re: RFS Ecusta
Inc. and RFS US, Inc., (Bankr. D. Del., Cases Nos. 02-13110 and
02-13111 (PJW)) .
3. The defendant shall not modify any of the permitted
environmental treatment or storage systems now present on the
Ecusta mill site without prior approval from DWQ and DWM, and
shall not remove any environmental equipment or materials from
the site without prior written approval from the appropriate DENR
Agency. The defendant shall provide five days written notice
before it remove any process equipment, supplies or products, and
shall not remove such items in a manner that could result in
violations of law or rules.
4. The Court retains jurisdiction of this case after entry
of this Preliminary Injunction to enforce compliance with the
terms and conditions of this Injunction, resolve disputes, and
take any action necessary or appropriate for its interpretation,
construction, execution, or modification'. During the term of
this Injunction, either party may apply to the Court for any
relief necessary to construe or enforce it.
5. Nothing in this Preliminary Injunction shall relieve
the defendant of its obligation to comply with all applicable
federal, state, or local laws and regulations. Nothing contained
in this Injunction shall be construed to prevent, alter, or limit
the State's rights to seek or obtain other remedies or sanctions
available under federal, state, or local environmental laws or
regulations, by virtue of defendant's violation of this
injunction or of the statutes and regulations upon which it is
based, or for defendant's violation of any applicable provision
of law.
-6-

IV
6. Nothing in this Preliminary Injunction shall preclude the
plaintiff from pursuing any remedies available to it by law against
RFS Ecusta, Inc. and RFS US, Inc. including, but not limited to,
enforcement of injunctive relief obtained against those
corporations in Transylvania County file no. 02 CvS 469.
7. This Preliminary Injunction shall be enforceable by and through the contempt powers of this Court, pursuant to Chapter 5A
of the North Carolina General Statutes.
This the
Judge
day of Mar
-7-
. GiJI E, JR.
Superior Court

RFS ECUSTA, INC et. al.
Sales Approved 4-4-03
Buyer
Description
Price
WOODWORKING SHOP MACHINERY C/O PLANER,
CLIFF BELL, JR
JOINTER, DRILL PRESS, SAW, (3) SAWS, TILTING SAW, $
4,000.00
SAW, DUST COLLECTOR, ASSTD TOOLS, CABINETS, &
OFFICE FURNITURE
CLIFF BELL, JR
ASSORTED MACHINERY & EQUIPMENT NEW SIDE $
1,500.00
MAINT SHOP
CLIFF BELL, JR
ASSORTED MACHINERY & EQUIPMENT LOCATED IN $
1,500.00
OLD SIDE MAINTENANCE SHOP
CLIFF BELL, JR
ASSORTED TOOLS & ACCESSORIES LOCATED IN PET $
1,000.00
SHOP
CLIFFORD E. BELL JR.
ASSSORTED MACHINERY & EQUIPMENT LOCATED IN $
1,500.00
PULP MILL MAINT.
CLIFF BELL, JR
ASSORTED MACHINERY & EQUIPMENT LOCATED IN $
1,500.00
EMERGENCY MAINT. ,
CLIFF BELL, JR
B&S GRINDER $
400.00
ATLANTIC PAPER & FOIL CORP.
(1) NASH VACUUM PUMP - PM#7 $
5,000.00
ATLANTIC PAPER & FOIL CORP.
(1) TOYOTA FORKLIFT W/ CLAMP (F-10) $
6,000.00
ATLANTIC PAPER & FOIL CORP.
(1) TOYOTA FORKLIFT W/ CLAMP (00-02) $
6,000.00
ATLANTIC PAPER & FOIL CORP.
(1) TOYOTA FORKLIFT W/ CLAMP (S-07) $
6,000.00
MACHINERY & EQUIPMENT LOCATED IN MECHANICS
PETITS PAINT & BODY SHOP
SHOP C/O GRINDER, AUTO LIFT, HOISTS, DRILL PRESS, $
4,000.00
ASSORTED TOOLS & PARTS
LARRY TRITT
ASSORTED COIL OF ROPE $
10.00
KENNETH BAYNARD
TOYOTA FORKLIFT TRUCK $
2,500.00
ASSORTED GENERAL PLANT & MILL EQUIPMENT
LOCATED IN REBUILDING SHOP C/O GRINDER,
HYDRAULIC PRESS, ELECTRIC HOIST, SHREDER, PUMP
SINGLE SHEET, INC
TESTER, (2) WELDERS, SHAPER, THREADER, (2) BAND $
10,000.00
SAWS, MANUAL BLADE, DRILL PRESS, FINGER BRAKE,
FORMER, SHAPER, (3) BENDERS, MISC. TOOLS &
ACCESSORIES
Page 2 of 3
RFS ECUSTA,INC
RFS US INC RF & SON
INVENTORY
M&E IP
$
4,000.00
$
1,500.00
$
1,500.00
$
1,000.00
$
1,500.00
$
1,500.00
$
400.00
$
5,000.00
$
6,000.00
$
6,000.00
$
6,000.00
$
4,000.00
$
10.00
$
2,500.00
$ 10,000.00

RFS ECUSTA, INC et. al.
Sales Approved 4-4-03
Buyer
Description
Price
ASSORTED GENERAL PARTS & MILL EQUIPMENT
SINGLE SHEET, INC
LOCATED IN PROJECT SHOP C/O (3) WELDERS, HOISTS, $
2,500.00
MISC TOOLS & ACCESSORIES
(1) GOEBEL SC1350 OPTIMA (1994) MICROPROCESSOR
GLATZ FINE PAPER GMBH
CONTROLLED SIMPLEX CENTER SURFACE SLITTER $
150,000.00
REWINDER (#8) - 53" MAX. WEB, 1,500 METERS/MINUTE
MAX. SPEED, HYDRAULIC DRIVE
(1) GOEBEL RAPID -DI SIMPLEX SLITTER REWINDER (#61)
GLATZ FINE PAPER GMBH
- 45" MAX. WEB, 49.2" MAX DIA. UNWIND, 31.5" MAX. $
75,000.00
DIA. REWIND,800 METERS/MINUTE MAX. SPEED
(1) GOEBEL RAPID-D1 SIMPLEX SLITTER REWINDER (#62)
GLATZ FINE PAPER GMBH
- 45" MAX. WEB, 49.2" MAX DIA. UNWIND, 31.5" MAX. $
75,000.00
DIA. REWIND,800 METERS/MINUTE MAX. SPEED
$ 791,110.00
Page 3 of 3
RFS ECUSTA,INC RFS US INC RF & SON
INVENTORY M&E IP
$ 2,500.00
$ 150,000.00
$ 75,000.00
$ 75,000.00
$ $ 791,110.00 $

<44103
{DRAFT
4 7/03}
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF NORTH CAROLINA
In re:
RFS ECUSTA INC. and
RFS US INC.,
Debtors.
Chapter 11
Case No.: <Oz 1311, 0 (Q?ia»>{03-10360}
Case No.: <02 13111 (PJW)>{03-10358}
Jointly Administered
THIRD ORDER AUTHORIZING <0*>THE SALE OF CERTAIN OF
THE DEBTORS' ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS,
ENCUMBRANCES, AND OTHER INTERESTS AND EXEMPT FROM STAMP
OR SIMILAR TAXES, AND <(2)->THE CONSUMMATION OF ALL TRANSACTIONS
RELATED <'°' TH ^ T 0- E>{THERETO}, PURSUANT TO BANKRUPTCY CODE
SECTIONS 105, 363, AND 1146 AND BANKRUPTCY RULES 2002, 6004, AND 6006
The above -captioned debtors and debtors -in -possession (collectively, the
"Debtors"), having filed their motion (the "Sale Motion"), dated March 19, 2003 [Dkt. No. _],
pursuant to sections 105 and 363 of Title 11 of the United States Code (the "Bankruptcy Code")
for an order authorizing the sales of certain of the Debtors' assets, free and clear of all liens,
claims, encumbrances, and other interests, authorizing the Debtors to consummate all
transactions related to the above, and granting such other relief as is fair and equitable; and a
hearing (the "First Sale Hearing") on the Sale Motion having been held by the United States
Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court") on March 28,
2003; and upon the proceedings had at the First Sale Hearing and after considering all objections
(the "Objections") to the Sale Motion, the Delaware Bankruptcy Court having (i) entered an
order (the "Second Sale Order") dated March 28, 2003 [Dkt. No. ] authorizing the sale of
certain of the Debtors' assets specified in the Sale Motion and of the intellectual property of RF

& Son Inc., (ii) deferred ruling on the Sale Motion, with respect to the remaining assets of.the
Debtors the sale of which was requested by the Sale Motion-4ic:—" s , and
(iii) entered an order transferring venue of the Debtors' chapter 11 cases to the United States
Bankruptcy Court for the Western District of North Carolina (this "Court"); and a hearing (the
"Second Sale Hearing," and together with the First Sale Hearing, the "Sale Hearings") having
been held by this Court on April4, 2003 to consider the Sale Motion and the sale of <the
"e, ain nb ^ ^6e*s>{such remaining assets}; and due and proper notice of the Sale Motion and
the Sale Hearings having been given pursuant to, among other things, the Delaware Bankruptcy
Court's order {[Docket No. 1 }(the "Original Sale Order"), <[DoNe.--_�mm, >authorizing,
among other things, the sale of the Debtors' assets on 5 days' notice; and this Court having
considered <4w>fa11J statements {in support of, and all objections to, the Sale Motion )filed
or stated on the record at the Second Sale Hearing< in suppei4 of the Sale Mation and in firvar- 0
the sale of the Remaining Assets . fhefeunary and all objections to the Sale Motion having been
overruled, withdrawn or otherwise resolved{ regarding that portion of the remaining assets
of the Debtors to be sold in accordance with the Sale Motion which are specified on
Exhibit A heretol ftb.c "Renaipie g &ssets�; and after due deliberation and sufficient cause
appearing therefor,
IT IS HEREBY FOUND AND DETERMINED THAT:
A. This Court has jurisdiction to hear and determine the Sale Motion and all
related matters pursuant to 28 U.S.C. §§ 1334 and 157. Venue of this proceeding in this district
is proper pursuant to 28 U.S.C. § 1409. The Sale Motion and Sale Hearing constitute core
proceedings pursuant to 28 U.S.C. § 157(b)(2)(A), (B), (N), and (0)
B. Proper, timely, and sufficient notice of the Sale. Motion and the Sale
Hearings was provided pursuant to Bankruptcy Rules 2002, 6004, and 6006 and the Original
2
«4-4-14-2-7-.e4>

MEMO' RI'l
Sale Order. No other or further notice of the Sale Motion, the Sale Hearings, or the entry of this
Order is necessary. A reasonable opportunity to object, respond, or to otherwise be heard
regarding the relief requested in the Sale Motion has been afforded to all interested parties.
C. The Debtors are owners of all the Remaining Assetsi and the Remaining
Assets, pending the <rl sin-g (as define be! {consummation of the sales hereunder),
constitute property of the Debtors' estates pursuant to Section 541(a) of the Bankruptcy Code.
D. The Debtors have shown sound and sufficient business justification, and it
is a reasonable exercise of their business judgment, to: (i) sell all of their right, title, and interest
in and to the Remaining Assets upon the terms and conditions set forth herein; and
(ii) consummate all transactions contemplated herein and in any related documents (the
"Transaction Documents").
E. The provisions of Sections 363(b), 363(f), 363(m), and 363(o) of the
Bankruptcy Code have been complied with and are applicable as to the Remaining Assets.
F. Consummation of the sale of the Remaining Assets as contemplated herein
and in the Transaction Documents is in the best interests of the Debtors, their estates, creditors,
equity security holders, and other parties in interest.
G. The sale of the Remaining Assets is properly authorized under the
Original Sale Order and all applicable provisions of the Bankruptcy Code, including without
limitation, Sections 105, 363, and 1146 of the Bankruptcy Code and previously ordered by this
Court.
H. The sale of the Remaining Assets contemplated herein represents the
highest or otherwise best offers received for the Remaining Assets following the conduct of an
open and complete sale process (including a public auction) reasonably calculated to yield the
highest or otherwise best offers for the Remaining Assets.
3 <21-11 -2-7 ea>

1
I. The sales, conveyances, and assignments of the Remaining Assets
pursuant hereto and to the Transaction Documents shall be free and clear of all liens, claims,
encumbrances, and other interests, including, without limitation, mortgages, security interests,
pledges, liens, replacement liens, judgments, demands, encumbrances, or charges of any kind or
nature, if any, including, but not limited to, any restriction on the transfer, receipt of income or
other exercise of any attributes of ownership (the foregoing collectively referred to as "Liens"
herein), and all debts arising in any way in connection with any acts of the Debtors, claims
(including but not limited to "claims" as that term is defined in the Bankruptcy Code),
obligations, demands, guaranties, interests, and matters of any kind and nature, whether arising
prior to or subsequent to the commencement of these Chapter I I cases, and whether imposed by
agreement, understanding, law, equity, or otherwise (the foregoing collectively referred to as
"Claims" herein), with all such Liens and Claims, and any and all other interests <relea-se�,
tested, and d ehar-ge r as to>{to attach to the proceeds of sale of, and with the same
force, effect and priority as such Liens, Claims and other interest had against.} the
Remaining Assets, and holders thereof shall be permanently enjoined from asserting such against
the Remaining Assets and the Purchasers (as defined below) and shall look solely to the proceeds
of sale.
J. The Purchasers are good faith purchasers pursuant to Section 363(m) of
the Bankruptcy Code and entitled to the protections thereunder. Neither the Debtors nor the
Purchasers have engaged in any conduct that would cause or permit the Transaction Documents
or any transfers, assignments, or conveyances hereunder or thereunder to be avoided under
Section 363(n) of the Bankruptcy Code.
K. The Purchasers shall not by virtue of this Order or the Transaction
Documents or the transactions contemplated hereunder or thereunder, be deemed to have
4 <.2..14.1_4.27:04>
<I¢-c�1->

pro/vAmomI
"successor" liability or responsibility for claims against or obligations of Debtors arising prior to
or as a result of the <Qssi-ng>{purchase and sale of the Remaining Assets hereunder}.
L. The sale of the Remaining Assets to the purchasers (the "Purchasers")
identified on Exhibit A hereto will maximize the value of the Debtors' estates and is in
contemplation of the implementation of a plan of liquidation and necessary: to the confirmation
and consummation of any such plan. Accordingly, the sale of the Remaining Assets shall be
deemed a sale "under a plan" within the meaning of Bankruptcy Code Section 1146(c) and shall
be exempt from any and all stamp taxes, recording taxes, and similar taxes, including without
limitation any real estate transfer tax and any realty property transfer tax, although such sales do
not constitute a sub rosa plan of reorganization.
M. The relief requested in the Sale Motion is reasonable and in the best
interests of the Debtors' estates and creditors.
N. The sale of the Remaining Assets has been conducted in good faith and in
accordance with the procedures and requirements of the Bankruptcy Code, the Bankruptcy
Rules, ,and the Original Sale Order.
NOW, THEREFORE, IT IS HEREBY:
ORDERED that the Sale Motion is granted as follows; and it is further
ORDERED that all objections to the Sale Motion filed in theses cases or raised in
Court at the Sale Hearing are hereby over -ruled, except as explicitly stated herein; and it is
=11 T41
ORDERED that the Debtors are authorized to sell to the Purchasers set forth
<>{on} Exhibit A hereto the Remaining Assets identified opposite such Purchaser's name on
Exhibit A hereto for the purchase price (individually and in the aggregate, the "Purchase Price")
identified thereon; and it is further

ORDERED that, pursuant to section 363(f) of the Bankruptcy Code, the
Remaining {Assets } are hereby deemed to be sold to the relevant Purchaser free and clear of all
Liens, Claims, and other interests and any Liens, Claims, and other interests thereon shall attach
to the net proceeds of the sale of such Remaining Assets with the same force< -and>{,} effect
{and priority }as such Liens, Claims, and other interests had against such Remaining Assets,
subject to the {terms of this Order and the )rights, claims, defenses, and objections, if any, of
the Debtors and all interested parties with respect to such Liens, Claims, and other interests; and
the holders of such Liens, Claims, and other interests shall be permanently enjoined from
asserting such against the Remaining Assets and Purchasers and shall look solely to the proceeds
of sale{, provided that nothing in this Order shall be construed to absolve any Purchaser
for negligent or intentional violations of Federal and North Carolina State environmental
or workplace safety laws resulting from action taken by a Purchaser during the course of
removal from the Debtors' facility of any Remaining Assets}; and it is further
ORDERED that, in addition to the 25% good faith deposit (the "Good Faith
Deposit") previously made, within one business day of receiving from Daley-Hodkin
Corporation ("Daley-Hodkin") a conformed copy of this Order, each Purchaser shall pay the
remaining balance of its Purchase Price by cash, certified check, wire transfer, or other
immediately available funds acceptable to Daley-Hodkin; and it is further
ORDERED that, in addition to the Purchase Price, within one business day of
receiving from Daley-Hodkin a conformed copy of this Order, each Purchaser shall immediately
pay to Daley-Hodkin the Buyer's Premium equal to 7% of the aggregate Purchase Price paid by
such Purchaser; and it is further
ORDERED that if any Purchaser fails to consummate the purchase of the
respective Remaining Assets as set forth above< -(the "Gloss„rt > within one business day of

111140 N MRIMMVI MOCK M VIIIle► IN MT.1 9 DILI]:1 M 11910
PYRILISM-M,
receiving from Daley-Hodkin a conformed copy of this Order, as provided above, (A) the
aggregate Good Faith Deposit by such Purchaser will be forfeited to the Debtors, which may also
seek all available damages from the relevant Purchaser, (B) all rights of the relevant Purchaser to
the relevant Remaining Assets (the "Defaulted Assets") shall be immediately waived and/or
terminated, and (C) Daley-Hodkin may sell by private sale or public auction, at its discretion, the
Defaulted Assets to another purchaser or purchasers pursuant to the terms and conditions of the
Original Sale Order or any further or other order of this Court; and it is further
ORDERED that the Debtors and the Purchasers are each authorized and directed
to take all actions and execute all documents reasonably necessary or appropriate to effectuate
the sale of the Remaining Assets to the Purchasers approved hereunder; and it is further
ORDERED that immediately upon <C esi*g>{consummation of each
purchase}, the <P,,. i-s>{applicable Purchaser) shall assume all liabilities and obligations
in and relating to the Remaining Assets {purchased by it hereunder }(except for the Liens,
Claims, and other interests that are transferred and released by the terms hereof), and the Debtors
shall have no other or further obligations or liabilities related thereto; and it is further
ORDERED that all Remaining Assets shall be removed from the Debtors'
premises by April <{24,>{24 12003, and that all such property not removed by such date shall
be immediately deemed abandoned and forfeited to the Debtors; and it is further
ORDERED that the default by one Purchaser hereunder shall not effect the rights
and/or obligations of the other Purchaser; and it is further
ORDERED that the provision in Bankruptcy Rule 6004(g) staying an ' order
authorizing the use, sale, or lease of property until the expiration of 10 days after entry of such
order is hereby waived; and it is further
7 <244142-7,94>
<UB-crl->

► � � ��r;�.�y�►titi� x�� _ .. ; w•ir r i r;�y�rr�er���z�z�
ORDERED that pursuant to Section 1146(c) of the Bankruptcy Code, the making
delivery, filing, or recording of. (i) the deed and related transfer documents, (ii) assignment and
related transfer documents, and (iii) any and all other instruments of conveyance or transfer
hereunder and under the Transaction Documents (collectively the "Conveyances"), are exempt
from and shall not be taxed under any Federal, State, or local law imposing a recording tax,
stamp tax, transfer tax, or similar tax, including, without limitation, transfer and recordation
taxes applicable to deeds and assignments of leases, including without limitation the any real
estate transfer tax and any real property transfer tax (collectively "Transfer Taxes"). All filing
and recording officers are hereby authorized and directed to accept for recording or filing, and to
record or file immediately upon presentation thereof, the Conveyances, without the payment of
any such Transfer Taxes and without the requirement or presentation of any affidavit or form
with respect to any Transfer Tax regarding the Conveyances. All governmental authorities or
taxing authorities shall be permanently enjoined from commencing or maintaining any action to
collect from the Purchasers, the Debtors, or the Remaining Assets any Transfer Taxes arising
from the transfers to be effectuated under the Transaction Documents, and this Court retains
jurisdiction to enforce the foregoing direction, by contempt or otherwise; and it is further
ORDERED that the Debtors be, and hereby are, authorized to consummate the
sales contemplated hereunder without the necessity of complying with any state or local bulk
transfer requirements; and it is further
E htar
an
att�}t-tl�E31,-10, -
rcp1aE=fi$ e t-&f—. :E- �:E:t i - E i 1Er'rs-tc ; k�'rr£Ptr-.=.`�Elki tvE %E3- -sw z?FsiE E i 3u £iiE £ is-x: s
8 «t 4-}27, 4>

I � `
:'�-�1-'r`'.--r�"��51✓Ei6-1a�--i�-1''----."3=Eli �,—ci@�i�--?-"ia-��'i-g��.r7-�3��---T--"�3s'q��`%$}'s4i$--��-i�$E3:��-�:z���1-$1�--�E�'r?�i�ii�-�-�'-- -� ��=
pa"$ j~i�',�.�'-� �=i�-�$;%^--1�}-- . ±=-��-�z�-i�-:'.-s-del#�-��-�.,°-t#mil?-r�;:it?r�� s �i�-is1-'t•-�,sE-1-}�?-§^-� ��-!"�'--E"s.:'a='�-s"-�-�,-�'�f�<?>-i�i`-?
and "r+c-1s ful413�G-F>
ORDERED that the claim of Transamerica Business Capital Corporation
("TBCC") against the Debtors for repayment of amounts funded by TBCC under the terms of the
Final Order Authorizing Secured And Superpriority Postpetition Financing dated February 5,
2003 [Dkt. No. 2401, for the period March 31, 2003 through April 30, 2003 (<i->{the "New
Funding"}) { i}in accordance with the approved <budged>{budget} filed with this Court
[Dkt. No. 406] for the period of April 6, 2003 through April 12, 2003, and (ii) in accordance with
an agreed budget (the "Budget") for the period April 13, 2003 through April 30, 2003, shall be
senior and prior to all liens, claims and encumbrances of all parties in interest, including State,
Federal and <1oea4>{Transylvania County} authorities represented at the Sale Hearings, and
the proceeds of any sale of the Remaining Assets shall reimburse <stteh fundi„b 4 >TBCC { for
the New Funding} immediately upon receipt thereof by Daley-Hodkin, without prejudice to the
rights of the State of North Carolina with respect to <thei-r>{its} Motion for Preliminary
Injunctive Relief (the "Injunction Motion") {4 and any similar claims made by or on behalf of
the United States Environmental Protection Agency.} regarding all other funding provided to
the Debtors by TBCC and the right" of TBCC to oppose the Injunction Motion for similar
claims of the United States Environmental Protection Agency )on any basis{; and it is
further}
{ORDERED that, after reimbursement to TBCC of all New Funding}__tY}
Debtors shall set aside {from the roceeds of sales authorized by the Second Sale Order or
this Order}, imlil ot-herwise ordered by the .COLLITor agreed to by Trag.svltaijia Cticsul,1g_�#�s�"
I7aviner7i c>f prclota�es asSF Itcl 1a� the Traz"15y11a:nir� C"oul�t` t authc�riv fc� il�� 2f)(}_,
9 <2-(142.r t4>

W 1 1 g►.. M W.11 I. KW 111 1140
rNmAxam 1.72 Wk1!RJ1
2002_aiid 2003. to y�c�t �_ {the amount of } � 550 000 (which ��r7ic��€� t sl�.al] be .
replacement -- =---_
aml ;not in a dilio,r to. ,aniourzts Mq . ti _o be set aside for _o vin nt oftaxes c.rrrder the Second
alc Order ,2ni i_tl�e ri 1�t�> of ransylvat�i�., Col , axi l� aud,,cgKity a p<��JIIIea t_O SLIC3�
tr sort crf srrc J_zi�rrci_s_sl� i si�rel _tl C e��tiv_Ilcreoi,._-s icl ci{that}_rzo l��rly-sball_be deciiied
to -have waived riny ci 1111 to challen e or egiiiest{, or to assert any defense to such challenge or
contest.}_ i,Lt, assessed aga;rest_the Debtors; on a iiy basis or the - riority of apy liep ot) assels
of'the Debtor se�L�ring_such taxes, acid _r othi _, herein shall release aTiv {Purchaser} f'ror11 its
csbl_ig dons wvitll resncct tc� tl_ �t)(}3_ Sr��t crt ! t xc ti ceic ing_froyn the date of {purchase}; and it
is further
ORDERED that a hearing shall be held before this Court on the Injunction
Motion on April 23, 2003 at <-> _.m. (the "April 23 Hearing"); and it is further
<0RT11m D thateaunsel iDeehert shall, e - 1,efe.-e Apftl 11, g,
eiretilate te all par -ties in interest a dfaft agenda for- the Apfil 23 Hearing; and it is >
ORDERED that the Debtors, TBCC, the Committee of Unsecured Creditors
appointed in the RFS Ecusta Inc. chapter 11 case (the "Committee"), the State of North Carolina
and the U.S. Environmental Protection Agency shall negotiate in good faith a revised Budget for
the period April 13, 2003 through April 30, 2003; and it is further
ORDERED that{, upon reasonable notice to the Debtors,} the State of North
Carolina and the <U-.S-.>{United States} Environmental Protection Agency shall have
{reasonable }access to the premises of the Debtors and the{ reasonable} cooperation of the
Debtors and Daley-Hodkin to inspect the Debtors' assets and property to determine in good faith
in consultation with the Debtors, the Committee and TBCC which property is necessary to
maintain environmental systems and cannot be sold{, and to mark such property with a
clearly identifiable mark or tag; and it is further}
{ORDERED that any prospective bulk purchaser of the Debtors' assets,
including the prospective bulk purchaser represented at the Second Sale Hearing by Bruce
Roberts of the Carolina Financial Group, shall have reasonable access to the Debtors'
10 <244 P-7-04>

► 1 :► / a.►. � . .1 1:1 : 11
I �
remises, and the Debtors' and Daley-Hodkin shall provide reasonable cooperation so that
such potential bulk purchaser may conduct appropriate due diligence}; and it is further
ORDERED that the failure specifically to include any particular provisions of the
Transaction Documents in this Order shall not diminish or impair the efficacy of such provisions,
it being the intent of the Court that the Transaction Documents are approved in their entirety; and
it is further
ORDERED that the provisions, rights, and obligations of each party hereunder
shall survive conversion of these cases to cases under Chapter 7 of the Bankruptcy Code.
Dated: Charlotte, North Carolina
April _, 2003
Chief United States Bankruptcy Judge
1 1 «-141-1-27-04>
<w--P—.'G1•I—>

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Document 1 file://M:\Wpdoc\TRANSAM\ECUSTA\Bankruptcy\Third Sale
Order-v2.doc
Document 2 file://M:\Wpdoc\TRANSAM\ECUSTA\Bankruptcy\Third Sale
Order.doc
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<Tl'r�e e+ion->
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Insertions
48
Deletions
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7
Moved to
7
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0
Total changes
96