10010 Dixie Trucking LOE 20060522

North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity / Affirmative Action Employer – Printed on Dual Purpose Recycled Paper
May 22, 2006

Sent Via E-mail and USPS

M.H.O.C, LLC
c/o Thomas N. Griffin
Parker, Poe, Adams & Bernstein, LLP
Three Wachovia Center
401 South Tryon Street, Suite 3000
Charlotte, NC 28210

Subject: Letter of Eligibility
Former Dixie Trucking Site
3606 North Graham Street
Charlotte, Mecklenburg County
Brownfields Project Number 10010-06-60

Dear Mr. Griffin:

The North Carolina Department of Environment and Natural Resources (DENR) has received and
reviewed your March 24, 2006 Letter of Intent (LOI) submitted on behalf of the M.H.O.C, LLC, as a
Prospective Developer (PD) seeking a brownfields agreement regarding the subject site. Upon review of the
letters with respect to the requirements of the Brownfields Property Reuse Act of 1997, DENR has determined
that this project is eligible for entry into the North Carolina brownfields program and for continued evaluation
for a brownfields agreement.

The next step in the process will involve a detailed review of available environmental and other relevant
data to determine what is currently known about contamination at the site, and what, if any, information gaps
may exist that may require additional assessment. Historical site information from the files of DENR’s
Division of Waste Management will also be utilized during the evaluation process. Please forward any
additional information or data you may have or can acquire for our evaluation. This should include reports
from other DENR agencies or regional offices. We will contact you regarding any additional assessment that
may be necessary to establish that the property is or can be made safe for the intended reuse, as required by
statute.

According to the LOI, the intended redevelopment for the site is commercial as a trucking terminal.
Because risk management decisions may vary depending on the nature of the redevelopment, it will be
important that DENR review the locations of the various elements. Please forward any maps or drawings
indicating these details, even if they are only preliminary or conceptual.

May 22, 2006
Page 2 of 2

Please apprise me within thirty (30) days whether M.H.O.C., LLC anticipates becoming the owner of the
property before or after conclusion of the brownfields process. If after, we need from M.H.O.C., LLC within
thirty (30) days the name, e-mail address and U.S. mail address of the current owner, so we may e-mail a
request for acknowledgment regarding recordation of the Notice of Brownfields Property (NBP) by M.H.O.C.,
LLC while that party still owns the property, add to M.H.O.C., LLC’s signature block in the NBP a signature
block for that party, and, at the conclusion of the process, mail the NBP to that party for signing.

I am enthusiastic about the potential for public benefit offered by the safe reuse of the former Dixie
Trucking site, and I look forward to working with you to advance this brownfields redevelopment project. If
you have questions about this correspondence or require additional information, please feel free to contact
Carolyn Minnich by phone at [phone], or by e-mail at [e-mail].

Sincerely,

Carolyn Minnich

Carolyn F. Minnich
Brownfields Project Manager

cc: Project File

ec: Rob Gelblum, DOJ
Bruce Nicholson, DENR