08022_Reeves LURU Sampling 2006_04_26

North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director Division of Waste Management
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
April 25, 2006

Ms. Lynda Wolfe
409 Venus Court
Wilmington, NC 28405
Fax: [phone]

Mr. Paul Ferrigan
Matthews, NC 28105
[e-mail]

Sent Via Facsimile, Electronic-mail and US Mail

Subject: Annual Sampling Required by Land Use Restriction
Former Reeves Property
8900 Research Drive
Charlotte, Mecklenburg County
Brownfields Project Number 08022-04-60

Dear Ms Wolfe and Mr. Ferrigan

The North Carolina Department of Environment and Natural Resources (DENR) Brownfields
Program has recently reviewed the February 1, 21006 Land Use Restriction Update (LURU) for the above
referenced site. It has come to our attention that an annual groundwater sampling event and report was
due in January 2006 and should have been provided with the LURU. The sampling and reporting
requirements are stated in the Notice of Brownfields Property’s (Notice) Land Use Restriction 11 and 12
and in the Notice’s Exhibit A (the Brownfields Agreement) Paragraph 17.k. and 17.l. These requirements
state the following:

Section X.17.k. Beginning in January following the year in which the Notice of
Brownfields Property referenced below in paragraph 22 is recorded, and in every other January
unless and until DENR determines in writing, after a minimum of five (5) sampling events, that
protection of public health and the environment no longer requires such sampling, the owner(s)
of the Property shall effect sampling of monitoring wells MW-5B, MW-5C, MW-6, and MW-7
and sampling of the adjacent stream in accordance with the most current version of the
Guidelines of the Inactive Hazardous Sites Branch of DENR's Superfund Section. The
groundwater and stream samples collected shall be analyzed by EPA Method 8260 or by another
method approved in advance, in writing, by DENR or its successor in function.

Section X 17. l. During January of each year after this Agreement becomes effective, the
then current owner of any part of the Property shall submit a notarized Land Use Restrictions
Update to DENR or its successor in function certifying that the Notice of Brownfields Property
containing these land use restrictions remains recorded at the Mecklenburg County Register of
Deeds office, and that the land use restrictions are being complied with. In years when sampling
is required by the preceding land use restriction, a report setting forth the procedures and
results of the sampling shall accompany the Land Use Restrictions Update.

Notwithstanding the non-substantive issues regarding signatures and recordation, the effective
date of the Brownfields Agreement is June 10, 2005. Please complete the sampling requirement and
submit the report to our office by May 26, 2006.” If you have any questions regarding this letter, please
feel free to contact me at [phone], or via e-mail at [e-mail].

Sincerely,

Carolyn Minnich

Carolyn F. Minnich
Brownfields Project Manager
Division of Waste Management

cc: Central Files

ec: Bruce Nicholson, NCDENR
Rob Gelblum, NC Atty. General’s Office