BF _CCB0052__2011.12.15

Blue Ridge Engineering PLLc
December 15, 2011
Mr. Martin Fridy
MPG Mooresville, LLC
1151 E. Washington Street, Suite 202
Greenville, SC 29601
Ref: Coal Ash Structural Fill
Port Village Business Park
Mooresville, NC
529 Main Street
North Wilkesboro, NC 28659
[phone]
P-0205
Purpose
The purpose of this report is to provide a summary of activities and identify potential environmental issues
associated with coal ash structural fill installed at the site.
Site Construction Activities
Duke Power Company submitted a notification to NCDENR of its intent to install coal combustion by-
products as structural fill at the site for use as a beneficial use. The CCR was generated at the Duke Energy
Marshall power plant on NC Hwy 150 approximately 6 miles west of the site. A Toxicity Characteristic
Leaching Procedure (TCLP) laboratory analysis report was included which reported a sample of
representative material to have metal concentrations below regulatory limits, including Mercury, Cadmium
and Arsenic. The notification included an Acknowledgement and Consent from Port Village Association,
listing B.V. Belk as Managing General Partner. NCDEHNR, now NCDENR, Solid Waste Management
Division, Solid Waste Section Chief, Dexter R. Mathews approved the installation of coal ash structural fill
at the site on April 10, 1996. On March 31, 1997 Duke Power Company reported to NCDENR that it was
the constructor of the coal ash fill project at Port Village Business Park which started in January 1997,
scheduled for completion in August 1997. On September 26, 1997 Duke Power Company informed Mr.
Tom Scott of Belk Investments, Inc. that the project would be completed October 3, 1997 and under the
terms of their agreement it was the responsibility of the owner to comply with NCDEHNR Solid Waste
Management Rules including deed recordation and certification of closure by a professional engineer. Duke
Power Company reported that 357,728 tons of ash was placed at the site including 325,662 tons of silo ash
and 32,066 tons of pond ash. On November 4, 1997 Ground Technology, Inc. provided a fill compaction
report to Duke Power Company which reported that all test results met or exceeded 95% of the standard
Proctor. A Lowe's home improvement warehouse retail store was constructed at the site in 1998. BRE
performed subsurface investigation within the project limits in October 2011. Coal ash was encountered
within all of the borings to depths ranging from approximately 12 to 47 feet below the ground surface.
Results of the investigation are included in a Geotechnical Report and Engineering Analysis of Subsurface
Exploration dated November 30, 2011.

Page 2 of 4
December 15, 2011
Evaluation by Others
A Phase I ESA report was issued by Ground Engineering Solution, Inc. on May 10, 2000. The report did
not reveal any recognized environmental condition of the subject property. On December 18, 2001 Ground
Engineering Solutions, Inc. provided results of a TCLP analysis performed on a sample of the ash fill taken
November 6, 2001. The report states the "test results did not indicate that any volatiles, semi-volatiles,
pesticides, herbicides, or metals leached from the ash waste in the TCLP test. The test indicates that the ash
waste can be classified as non -hazardous." On December 19, 2001 Ground Engineering Solutions, Inc.
issued a report of Technical Review of Coal Ash Structural Fill. This report indicates that the ash fill may
not meet some requirements of NCDEHNR regulations including: possible inadequate separation from the
groundwater table; inadequate cover soil; no record of closure certification; and no deed recordation.
North Carolina Department of Environment and Natural Resources (NCDENR) File
On December 23, 2009 an audit was performed by Mr. Charles T. Gerstell, NCDENR, Division of Waste
Management, Solid Waste Management Section, Environmental Senior Specialist. A Notice of Violation(s)
was issued to Lowes Home Centers, Inc. which requested that Lowes submit a closure certification signed
and sealed by a registered professional engineer and that Lowes file a statement of the volume and location
of coal combustion by-products with the Register of Deeds. On September 23, 2010 Lowe's Home Centers,
Inc. recorded a notification of structural fill facilities in Deed Book 2082, Page 2170 in the Iredell County
Registry which states the volume of ash placed on the property is approximately 397,728 tons. BRE
contacted Mr. Gerstell and requested an update on the status of the file. Mr. Gerstell reported it was his
understanding that the corporation that owned the property at the time the coal ash was placed on site had
been dissolved and that NCDENR may or may not require additional action since no closure certification
has been received. A formal response from NCDENR was not available at the time of this report. Use of
the property is subject to the conditions identified under NCAC Title 15A, Subchapter 13B, Section .1700
"Requirements for Beneficial Use of Coal Combustion By -Products".
United State Environmental Protection Agency (EPA)
On June 21, 2010 the United States Environmental Protection Agency (EPA) issued notice in the Federal
Register, Vol. 75, No. 118 (40 CFR Parts 257, 261, 264 et al.) that EPA was reevaluating its August 1993 and
May 2000 Regulatory Determinations regarding Coal Combustion Residuals (CCRs) generated at electric
utilities. In the May 2000 determination, EPA concluded that disposal of CCRs did not warrant regulation
under the Resource Conservation and Recovery Act (RCRA) subtitle C as a hazardous waste, but did
warrant federal regulation as a solid waste under subtitle D of RCRA. However, EPA never issued federal
regulations under subtitle D of RCRA for CCRs. Since 2000, EPA has evaluated 67 cases of alleged damage
from mismanagement of disposal of CCRs. EPA identified 40 cases as having potential damage to
groundwater or surface water. EPA concluded it has documented evidence of proven damage to
groundwater or surface water in 27 cases. EPA states that CCRs contain contaminants like Mercury,
Cadmium and Arsenic that, without proper protections, can leach into groundwater. EPA is proposing
national rules concerning management of disposal of coal ash. The fill at the subject property may be
considered a permitted "structural fill facility". However, NCDENR and/or EPA could consider the fill at
the subject property a non -compliant structural fill facility or an "unencapsulated solid waste landfill" or an

Page 3 of 4
December 15, 2011
"unencapsulated hazardous waste landfill" subject to regulation under RCRA or NCDENR rules. Proposed
EPA rules require liners, groundwater monitoring, and corrective action if there is any contamination
detected.
Summary of Findings
❖ No closure certification has been issued by a registered professional engineer for the coal ash fill
project. It is unclear whether NCDENR currently considers this site to be in violation of NCAC
Title 15A, Subchapter 13B, Section .1700. NCDENR has not "closed out" its file for this project
and may require additional action.
❖ EPA reports that CCRs contain contaminants and the agency has documented evidence of proven
damage to groundwater or surface water from 27 cases nationwide. EPA has proposed rules, which
are currently pending, which would require liners, groundwater monitoring, and corrective action if
any contamination detected.
❖ Test results provided by others for the coal ash at this particular site reported TCLP concentrations
below regulatory limits.
❖ No groundwater samples have been obtained at the site to confirm the presence or absence of
contaminants in the groundwater.
Recommendations
1. Request a closure certification be provided by the "constructor or operator" as required by
NCAC Title 15A, Subchapter 13B, Section .1706.
2. Request a letter from NCDENR stating there is "No Further Action" required concerning
possible violations of NCAC Title 15A, Subchapter 13B, Section .1700.
3. Submit to NCDENR a Brownfields application, as a prospective developer under the
Brownfields Property Reuse Act, demonstrating the property is underutilized due to possible or
perceived environmental contamination with potential of environmental cleanup liability.
4. Perform TCLP testing of coal ash samples taken from the site.
5. Install groundwater monitoring wells at the site and analyze groundwater samples to confirm the
presence or absence of groundwater contamination.
6. Monitor the EPA rule adoption process.

Page 4 of 4
December 15, 2011
Closing
Information provided in this report is based upon the review of available documents and information
provided by others. No environmental assessment can wholly eliminate uncertainty regarding the potential
for environmental issues associated with a property. Information and recommendations provided in this
report are intended to reduce, but not eliminate, uncertainty regarding environmental issues associated with
coal ash structural fill at this property.
For the Firm,
Blue Ridge Engineering PLLC
C. Neil Shepherd, PE, PLS
Principal
Attachments:
1. Notification of Coal Ash Structural Fill
2. NCDENR Approval of Proposed Coal Ash Structural Fill
3. Letter Referencing Duke Power Closure Certifications
4. Letter Requesting Closure Certification
5. Compaction Testing Report
6. Laboratory Analysis of Ash Fill
7. Technical Review by Ground Engineering Solutions
8. NCDENR Audit Report and Notice of Violation
9. Recordation of Structural Fill Facilities
10. NCAC, Title 15A, Chapter 13, Section .1700

Attachment 1
Notification of Proposed Coal Ash Structural Fill
Grading, Drainage and Erosion Control Plans
Laboratory Analysis Results
Acknowledgement and Consent of Landowner
Supplemental Information Letter
March 28,1996

Duke Poivo- Company
Electric System Support
I3339 Hagers Ferry Road
Hunlersville, NC28078-790
90DUKE POWER
March 28, 1996
William Hocutt
North Carolina Department of Environmental,
Health and Natural Resources
Solid Waste Section
401 Oberlin Road
Suite 150
Raleigh, NC 27605
SUBJECT: Structural Fill Notification
Port Village Business Park
B. V. Belk Investments
File: GS-707.02 (Fossil)
Mr. Hocutt:
In accordance with Section .1706 of the Solid Waste Management Rules (Requirements
For Beneficial Use Of Coal Combustion By -Products), please find attached the required
written notification for the referenced structural fill project. Please note that this project
utilizes greater than 10,000 cubic yards of coal combustion by-products, therefore
construction plans are included.
In addition, please note that the submittal of this notification is being done as a courtesy
to B. V. Belk Investments and compliance with all requirements of the applicable
regulations for this structural fill project is the responsibility of B. V. Belk
Investments. This assignment of responsibility for compliance is addressed in the
contract between B. V. Belk Investments and Duke Power Company.
Printed on recycled paper

If you have any questions concerning the notification, please contact me at 704-875-
5956.
L. D. Evans, Scientist
Environmental Protection - Waste Protection
LDE/E03967
Attachments
cc: Thomas W. Smith, President
B. V. Belk Investments. Inc.
4400 Park Road
Suite 300
Charlotte, NC 28209

Duke Power Company
Port Village Business Park
B. V. Belk Investments
The proposed project will utilize approximately 500,000 cubic yards of fly ash in a
structural fill application to develop the property for marketing. The property is located
on NC Highway 150 in Iredell County near the 1-77 intersection as indicated on the
attached USGS map (Mooresville Quadrangle, North Carolina - 7.5 minute series). The
project is scheduled to commence on May 1, 1996 and to be completed on December
31, 1996. The fly ash will be supplied from Duke Power's Marshall Steam Station
located on Highway 150 in eastern Catawba County at the following address:
Duke Power Company
Marshall Steam Station
PO Box 210
Terrell, NC 28682
Larry Evans will serve as the Generator Contact and can be contacted at:
Larry Evans
Duke Power Company
13339 Hagers Ferry Road (MG03A5)
Huntersville, NC 28078-7929
Phone: [phone]
The following documents are attached:
• Signed statement of acknowledgement and consent from property owner
• TCLP data and certification
• USGS topographic map showing location of project
• Construction Plans

B. V. Belk Investments, by contract, has the responsibility for compliance with all
applicable regulations for this structural fill project. Duke Power is responsible for
providing and transporting the coal ash to the site. Please mail a copy of the
acknowledgement letter to Larry Evans, above, and to:
Thomas W. Scott, President
B. V. Belk Investments, Inc.
440 Park Road
Suite 300
Charlotte, NC 20209

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"ELECT
SYSTEMEC
r uWastelSUPPORT
bbb Environmental Center * McGuire Nuclear Comp
* Building # 7405
a as
DUKEPOMRCOMPANY
New York Department of Health Laboratory Identification
# 11366
North Carolina Department of Environment, Health and Natural
Resources (DEHNR) Certification # 248
South Carolina Department of Health and Environmental Control (DHEC) Laboratory Identification # 99005
Field r.D.
e._..... ... .... _._......._._
MONEX SILO FLYASH
----------------
Station / Contact) MARSHALL
LARRY EVANS
Collectio
Date
sis
02114196 'LDa
e
03/18/96
Laborator y
Matrix
9602179-01
Solid
LD
Type
NA %Volume
NA Weight
(g)
;Laboratory ContaPenny Franklin
ct
[phone]
T. C. L. P.
Waste
Analytical
Anal e
T.C.L.P. Conc. Regulatory Limit
Code
Method
Silver (Ag)
✓ < 0.02 mg/L 5 mg/l
D011
7760
Barium (Ba)
✓ 0.26 mg/L 100 mg/l
D005
6010
Cadmium (Cd)
✓ 0.02 mg/L 1 mg/1
D006
6010
0
Chromium (Cr)
✓ 0.39 mg/L 5 mg/l
D007
a
6010
Lead (Pb)
✓< 0.09 mg/L 5 mg/1
D00800
6010
Arsenic (As)
✓< 0.06 mg/L 5 mg/1
D004
7740
Selenium (Se)
< 0.06 mg/L 1 mgll
D010
d
w
7740
Mercury (Hg)
✓< 0.001 mg/L 0.2 mg/I
D009
j
7471
Nickel (Ni)
134 mg/I
---
6010
Thallium (TI)
130 mg/l
---
6010
% Ash @ 5501 C
N/A
_ _ _
ASTM D297/D817
E830 @ 55T C
B.T.U.
N/A
- - -
ASTM D3286-91
Total Sulfur
N/A
- - -
ASTM D4239-85
Total Chlorine
N/A
- - -
EPA 9020
ignitibility
(Y/N)
- - -
ASTM D93
pH
< 2.0 or > 12.5
- - -
EPA 9045
% Water
N/A
- - -
ASTM D3792

I certify that the TCLP analysis is representative of the fly ash to be used for this
project.
Larry D. Evans

4
U J- I CI - y fj U Z r14 NRUNI i, 'V INV�' 1 IRL 1 r j
Pursuant to the provisions of G. S. 130A-294 and ISANCAC 123B.1703, we star that we are the
owners of the Mowing described property.
BEINCTALL that tract or parcel (if real estate situated on flae southern right-of-way of
State Road 150 near Interstate 77, near the City of Mooresi,iffie, Davidso Township,
fi-edel-1 County, North Carolina, more particularly described as follows: I
Beginning at an existing iron pin on the western edge of Roll"ling :Hill Road, comer to
Brown (Deed Book 683, page 330)-, thence leaving Brown imd running with the westeril
edge of Roffing Hill Road S 010 08'13" W 760,99 feet to a new iron pin placed for a
comer, said pin being a comer to Steiinle (Deed Book 697.lPage 946); the ace leaving
Rolling Hill Road and running with. Steirnte and Vinasu Ltd, (Deed Book ')97 Page 932)
with an old abandoned gravel road ben N 780 00'00" W 948.35 feet (pas ing iron pins per
li line at 400.5 feet, 499,91 feet and 699,93 feet) to an existirt,i; iron pin for d ' corner to
Howard (Deed Book 398 at Page 492 and Deed Book 3 74at Page, 114); hence running
xkith Howard and comlnuingwith ar old abandoned gravelroad bed N 70 13" 16" W
839.97 feet to an existing iron pin comer, being a comer to J, F. Martin S tbdivision (Plat
'Book 5 page 110); thence leaving Howard and running wiUils said Martin S ubdi-vision N
36o 41" 26" F 1006.78 feel (passing existing iron pins on Rae) to a point iii the center of
State Highway 150, a new iron pin placed on the right -of -,",,ay thereof at 72.88 fact;
thence leaving the Martin Subdivision and nuining with the center of Stat( Route ISO S
810 01'3I" E 328,00 feat to a point in the center of aforesaid State Route 150., comer to
Grocri (Dccdf3ook 678 Pagc 169); thence leaving Route 1'�;0 and numing with Green S
090 13' 22" W 226.55 feet (passing an iron pia placed on the right -of wa30 feet) to an
existing iron pin; thence continuing "ith Green S 80o 46' 318" E 151.09 fe t to an eistiiig
iron piss; thence continuing with Green N 090 I3'22 " E 22'j",20 feet (passing an iron pin
placed oil the right-of-way at 197.20 feet) to a point in the renter of State Route 150;
thence leaving Green and running with the center of State ft,oute 150 S 81 o 0 V3 1 " E.
50123 feet to a point in the center of Route 150, corner to Brown (Deed Book 683 Page
330); thence leaving Route 150 and runniulg with Brown S 01 ci 08' 13" W 216.35 foot
cot
(passing an iron pin placed on the right-of-way of State Ko,ato 150 at 50.00 feet) to an
u�i tin iron pin; thence continuing with Drown S 810 09' liT' E. 202,74 cut to tho poim
of beginning and containing 29,85 acres more or less, and tieing a portion of that real
estate owned by the Atwell Estate and of record in the lredi,,11 County Do d Regidyy in
Deed Book 80 at Page 140, all bearings being; with the deed north, as sui-eyed by Terra-
Tek, Inc,, of Charlotte Nortli Carolina under 1Ae supervision and directior of Mary A.
Fisher, Registered Land Surveyor, said surveybeing entitled "Plat of Bo i i ary i d Survey", a T�
Portion of the R- I Atwell, Estate Property for B. V. Belk 11-nveqtnients, a, c*, State Route
150 and 1-77, Davidson Tow-risbip, Trodetl County, N. C," and bearing d e of December
20, 1986, Scale 1 � 100',

1 !-� - - -1 H
We further acknowledge and consent to the use of coal combustion byproducts
on the above -described propQrty. The vole of ash placed ott this property is
yards. We agree to record this document in accordance with 15A 'NCAC 13B 17
/� 1-4
Signed this day of 1996.
I, a Notary Public iu aiid roi, said CoimLy and State Abresaid, do hereby certify tt
personally appeared before me this day and a cAn oNN?l edged i
of the foregoing instrument.
/ ep /2'/
WITNESS my hand and Notarial seal, this. -) day of '1996.
e My Corgmssioii ExTires:
el- /0 - -a 4
Notary
structural fill
)0.00- ctibic
Partner
'�'/ I�Tl //,_ L -7—
It
le due execution

Duke Power Company
Electric System Support
✓333911gers Ferry Road
✓✓intersville, NCM78­790
DUKEPOWER
April 9, 1996
William Hocutt
North Carolina Department of Environmental,
Health and Natural Resources
Solid Waste Section
401 Oberlin Road
Suite 150
Raleigh, NC 27605 u
1 za n
SUBJECT: Structural Fill Notification
Port Village Business Park
B. V. Belk Investments
File: GS-707.02 (Fossil)
Mr. Hocutt:
This letter is in response to our telephone conversation on April 8, 1996 concerning
your requested clarifications to the referenced structural fill notification. An additional
review of this project with the Requirements For Beneficial Use Of Coal Combustion
By -Products indicates that it is in compliance with all siting requirements in Section
.1704 and with all design, construction, and operation requirements in Section .1705.
In addition, a new section of pipe will be extended from the existing storm water line,
as indicated on the design drawing, to the sediment basin. A detail of the riser type
sediment basin is shown in the upper left corner of the drawing. The sediment basin
will be used during the construction phase and closed at the end of the project. These
items will be discussed with the project engineer and the design drawing will be
clarified as needed. If you require/desire a copy of the revised drawing, please contact
me at your convenience.
Printed on recycled paper

If you have any questions concerning the letter, please contact me at 704-875-5956.
AX7
L. D. Evans, Scientist
Environmental Protection - Waste Protection
cc: Thomas W. Smith, President
B. V. Belk Investments. Inc.
4400 Park Road
Suite 300
Charlotte, NC 28209

Attachment 2
NCDENR Approval of Proposed Coal Ash Structural Fill
April 10, 1996

State of North Carolina
Department of Environment,
Health and Natural Resources r41
Division of Solid Waste Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
April 10, 1996
Mr. Larry Evans, Scientist
Electric System Support Department
Duke Power Company
13339 Hagers Ferry Road
Huntersville, NC 28078-7929
Subject: Coal fly ash structural fill at B. V. Belk Investments' Port Village Business Park
property, located on NC Highway 150 near the I-77 intersection (Iredell County);
scheduled to begin approximately May 1, 1996.
Dear Mr Evans:
We are in receipt of your March 28, 1996 notification and the requested supplemental
information received April 9, 1996 for constructing the subject structural fill beginning on
approximately May 1, 1996 and with anticipated completion by approximately December 31,
1996. The information submitted satisfies the requirements for coal ash structural fill activities as
set forth in Solid Waste Management Rules 15A NCAC 13B Section .1700 concerning
beneficial use of coal combustion by-products.
As previously agreed to between Duke Power and the Solid Waste Management Division,
Duke Power is accepting the responsibility of informing the landowner(s) of their responsibility
should any groundwater contamination occur due to this structural fill activity.
Sine elf y,
Dexter R. at e s, Chief
Solid Waste Section
Solid Waste Management Division
cc: Julian Foscue
Anthony Foster
Bill Hocutt
Larry S. Harper
John P. Nerison
c: wp6doc/letter/evans.11
RO, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Attachment 3
Letter Referencing Duke Power Closure Certifications
March 31,1997

Duke Power Company
Electric System Support
13339 Hagers Ferri• Road
Huntersuille, NC28078-7929
3031, i
. Dig ' POWEP
/"P
March 31, 1997
0 1`� j
P.
.
William Hocutt
Q`��'i gt
North Carolina Department of Environment,
C31�
Health and Natural Resources
Solid Waste Section
P.O. Box 27687
Raleigh, NC 27611-7687
SUBJECT: Structural Fill Closure Requirement
Record Number: 006021
Mr. Hocutt:
In accordance with Section .1706(d) of the Solid Waste Management Rules for the
Beneficial Use of Coal Combustion By -Products, please find attached "Closure
Certifications" for all of the coal ash structural fill projects conducted by Duke Power
Company as listed on the NC Solid Waste Section's "List of All Coal Ash Structural
Fills". In addition, a copy of the "Recordation Statement" for each project is also
included. Please note that the "Recordation Statement" is a requirement of the land
owner and is being provided by Duke Power as a courtesy/service to the land owner.
The information attached will supersede the closure certifications previously submitted
on January 2, 1997. Therefore, the previously submitted closure information should be
deleted from your file(s) and replaced with the attached.
If you have any questions concerning these documents, please contact me at 704-875-
5956.
L. D. Evans, CHMM
Scientist
Environmental Division - Waste Management
LDE/E03972
Attachments
G1Printed on Tree Free Paper

Duke Project As Listed On The NC Solid Waste Section's List of All
Coal Ash Structural Fills:
Iredell; Port Village Business Park;
Duke Power; B. V. Belk; B. V. Belk;
June 1, 1996; December 31, 1996;
NOTE: Duke is the constructor on this project. The project started
January, 1997 and is scheduled to be completed in August,
1997. Therefore, no closure certification and recordation
documentation is available. Attached is an updated
construction plan (drawing) for the project.

Attachment 4
Letter Requesting Closure Certification
September 26,1997

Duke Duke Energy Corporation
Wachovia Center
Pdrllnergy- P.O. Box 1007
Charlotte, NC 28201-1007
September 26, 1997
Mr. Tom Scott
Port Village Project
Belk Investments, Inc.
4400 Park Road, Suite 100
Charlotte, NC 28209 -
Re: Closure Requirements for Port Village Engineered Ash Fill Project:
Certificate of Compliance and Deed Recordation
Tom:
Per our contract agreement, page 5, Section 4.2, third paragraph, the Owner agrees to
provide evidence to Duke of compliance with NCDEHNR Solid Waste Management
Rules 15A NCAC 13B Sections .1706 entitled "Closure of Structural Fill Facilities" and
.1707 entitled "Recordation of Structural Fill. Facilities". Pertinent sections are
highlighted on enclosed copies. It is important to note that compliance with these
sections of the State regulations is the responsibility of the Owner (regardless of
potential impending sale). This letter serves to notify and assist you with this
responsibility. Duke has complied with all other rules of Section .1700. The State is
hereby notified of your responsibility by copy of this letter without attachments).
Section .1706 requires a certification of compliance signed and sealed by a registered
Professional Engineer. This must be completed within 30 days of application of the final
cover. Duke com fetes the final cover effective October 3, 1997. I have copies of all
density reports for ash and soil cover if needed. Enclosed is a sample Certification of
Closure letter for the Owner's P.E. to complete and send to the State.
I, -
Section. 1707 requires deed recordation of 357,728 total tons of ash placed at the site
location as specified on Acknowledgment and Consent Form (copy attached) within 90
days of project completion. The project is completed including seeding effective October
3, 1997. This total volume includes 325,662 tons of silo ash and 37,066 tons of pond ash ' t
but deducts 5,000 tons of pond ash placed on adjoining Floyd Green's property.
„Notarization is required.
Please advise if I can assist further with the above requirements. Please copy me on all
compliance documents sent to the State. Final billing for cover soil and seeding is
forthcoming. Duke Energy would again like to thank you for your participation in a very
successful project. Please keep us in mind for your future property development needs.

Sincerely,
Jeffrey W. Newell, P.G.
Project Manager
Duke Energy
382-8991
382-3034 fax
517-9931 mobile
Attachments:
1. Sample Certificate of Compliance letter.
2. Copy of Acknowledgment and Consent form (as reference information for
deed and volume recordation).
3. Section .1700 Requirements for Beneficial Use of Coal Ash Combustion By -
Products.
4. Contract: Conditioned Pond Ash Usage Agreement, Performance Standards,
Amendment and Amendment 2.
CC: (cover letter only without attachments):
Mr. Bill Hocutt, NCDEHNR-DWM, Raleigh, NC
Tom Mitchell
Larry Harper
Joe White
Garry Rice
Larry Evans
Project file

Attachment 5
Compaction Testing Report
November 4,1997

TECHNOLOGY, INC.
/llllllllillllllll//lllllll! /
November 4, 1997
Mr. Jeff Newell
Duke Power
400 South Tryon Street
Mail Code WC-27A
PO Box 1007
Charlotte, NC 28201-1007
RE: Port Village
Highway 150
Mooresville,
GTI-70104
Dear Mr. Newell,
North Carolina
Per your request, Ground Technology Inc. (GTI) has performed part-
time construction quality control services for the referenced
project. These services consisted of Standard Proctor compaction
and field density testing at the referenced site for the period
December 31, 1996 thru September 2, 1997.
Previous fill control had been performed at the referenced site
under contract with B.V. Belk Development. We understand that grade
revisions required the addition of structural fill and relocation
of existing storm drainage. Tests performed on this phase of
structural fill had been reported to B.V. Belk Development.
Prior to the placement of fly ash structural fill the referenced
site was stripped of the grass cover and surficial soils and these
materials stockpiled for later use as a soil cap. On a part-time
basis a total of one hundred thirty-two (132) field density tests
were performed during placement of the fly ash and nineteen (19)
field density tests were performed during installation of the soil
cap. All tests utilized the Shelby Tube Method (ASTM D-2937). All
tests or retests indicated densities either meeting or exceeding
the project compaction criteria of 950 of Standard Proctor Moisture
Density Relationship (ASTM D-698) at the depths and locations
indicated on the attachments. All tests were limited to the areas
indicated.
P.O. Box 1077 ® Denver, NC 28037 ® 704-483-4812

GTI appreciates the opportunity to provide these services to you.
If_ you should have any questions, please call us at your
convenience.
Sincerely,
Ground --,Technology, Inc.
chter P.
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
FIELD
DRY
MOIST./DEN_
1997
TEST
MOIST. DENSITY
RELATIONSHIP
DATE
NO_
(0
(pcf)
NO.
12/31
1
33.3
85.9
1
01/04
2
28.2
82.0
1
01/06
3
33.3
74.3
1
01/08
4
31.6
75.3
1
01/10
5
29.9
76.3
1
01/15
6
29.9
77.4
1
01/15
7
29.9
78.6
1
01/20
8
29.0
77.9
1
01/20
9
29.9
76.3
1
01/24
10
28.2
77.3
1
01/24
11
27.4
79.0
1
02/05
12
26.6
80.6
1
02/05
13
27.4
81.3
1
02/05
.14
26.6
80.6
1
02/05
15
27.4
81.3
1
02/05
16
28.2
82.0
1
02/05
17
29.0
81.5
1
02/07
18
28.2
84.3
1
02/07
19
27.4
81.3
1
02/07
20
28.2
79.6
1
MOIST./DEN.
MAXIMUM DRY
OPTIMUM
RELATIONSHIP DENSITY
MOISTURE
NO.
(pcf )
( o )
1
80.6
27.4
APPROX_ DIS_
BELOW FIN.
COMPACT_
SUBGRADE
o
LOCATION
95.6e
6.0
SEE
PLAN
100+
7.0
SEE
PLAN
92.1
10.0
SEE
PLAN
93.5
6.0
SEE
PLAN
95.0
4.0
SEE
PLAN
96.1
6.0
RETEST 4
97.6
10.0
RETEST 3
96.8
10.0
SEE
PLAN
95.0
12.0
SEE
PLAN
96.0
10.0
SEE
PLAN
98.1
8.0
SEE
PLAN
100+
8.0
SEE
PLAN
100+
8.0
SEE
PLAN
100+
8.0
SEE
PLAN
100+
8.0
SEE
PLAN
10•_0+
8.0
SEE
PLAN
100+
8.0
SEE
PLAN
100+
10.0
SEE
PLAN
100+
10.0
SEE
PLAN
98.7
10.0
SEE
PLAN
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
APPROX. DIS.
FIELD
DRY
MOIST_/DEN.
BELOW FIN_
1997
TEST
MOIST. DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO-
( o )
(pcf )
NO.
o
(ft.)
LOCATION
02/10
21
--------------------------------------
28.2
82.0
1
100+
7.0
SEE
PLAN
02/10
22
30.7
80.5
1
98.3
7.0
SEE
PLAN
02/13
23
25.0
79.3
1
98.4
5.0
SEE
PLAN
02/13
24
27.4
80.1
1
99.4
5.0
SEE
PLAN
02/19
25
27.4
80.1
1
99.4
4.0
SEE
PLAN
02/19
26
29.0
79.1
1
98.1
4.0
SEE
PLAN
02/24
27
27.4
77.8
1
96.5
4.0
SEE
PLAN
02/24
28
25.0
86.5
1
100+
4.0
SEE
PLAN
02/24
29
29.0
79.1
1
98.1
3.0
SEE
PLAN
02/24
30
26.6
79.5
1
98.6
4.0
SEE
PLAN
02/24
31
25.0
80.7
1•
100+
3,0
SEE
PLAN
03/03
32
28.2
78.5
1
97.4
2..0
SEE
PLAN
03/03
33
26.6
79.5
1
98.6
1.0
SEE
PLAN
03/03
34
30.7
78.1
1
96.9
1.0
SEE
PLAN
03/03
35
29.0
77.8
1
96.5
1.0
SEE
PLAN
03/03
36
32.4
77.1
1
95.7
1.0
SEE
PLAN
03/03
37
33.3
76.6
1
95.0
1.0
SEE
PLAN
03/11
38
27.4
80.1
1
99.5
3.0
SEE
PLAN
03/11
39
29.0
79.1
1
98.3
3.0
SEE
PLAN
03/11
40
25.0
81.7
1
100+
3.0
SEE
PLAN
MOIST_/DEN_
MAXIMUM!
DRY
OPTIMUM
RELATIONSHIP
DENSITY
MOISTURE
NO.
(pcf )
( o )
1
80.6
27.4
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY, INC.

PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
APPROX. DIS_
FIELD
DRY
MOIST_/DEN.
BELOW FIN.
1997
TEST
MOIST. DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO.
MO.)
(pc f )
NO.
o
(ft.)
LOCATION
03/11
-------------------------------------------------------------____-_
41
30.7
79.3
1
98.5
3.0
SEE
PLAN
03/11
4.2
30.7
79.3
1
98.5
3.0
SEE
PLAN
03/11
43
25.0
81.7
1
100+
3.0
SEE
PLAN
03/17
44
29.8
77.5
1
96.3
3.0
SEE
PLAN
03/17
45
31.5
77.6
1
96.4
3.0
SEE
PLAN
03/17
46
31.5
76.5
1
95.0
3.0
SEE
PLAN
03/21
47
26.6
79.4
1
98.6
25.0
SEE
PLAN
03/21
48
25.0
81.7
1
100+
25.0
SEE
PLAN
03/21
49
29.9
79.7
1
99.0
25.0
SEE
PLAN
03/21
50
25.0
81.7
1
100+
25.0
SEE
PLAN
03/25
51
29.9
77.4
1
96.0
20.0
SEE
PLAN
03/25
52
26.6
81.8
1
100+
20.0
SEE
PLAN
03/25
53
26.6
80.6
1
100+
20.0
SEE
PLAN
03/25
54
27.4
80.1
1
99.0
20.0
SEE
PLAN
03/25
55
25.0
80.4
1
100+
20.0
SEE
PLAN
03/27
56
26.6
78.3
1
97.3
30.0
SEE
PLAN
03/27
57
25.0
79.3
1
98.5
30.0
SEE
PLAN
03/27
58
24.2
81.0
1
100+
30.0
SEE
PLAN
03/27
59
26.6
78.3
1
97.3
30.0
SEE
PLAN
03/31
60
27.4
77.8
1
96.6
15.0
SEE
PLAN
MOIST./DEN.
MAXIMUM
DRY
OPTIMUM
RELATIONSHIP
DENSITY
MOISTURE
NO.
(pcf)
(.)
1
80.6
27.4
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
APPROX. DIS.
FIELD
DRY
MOIST./DEN.
BELOW FIN.
1997
TEST
MOIST. DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO-
( o )
(pc f )
NO.
o
( f t . )
-----------------------------------------------------------------
------------------------------------------------------------------
03/31
61
29.0
78.0
1
96.9
15.0
03/31
62
27.4
77.8
1
96.6
15.0
04/03
63
27.4
77.8
1
96.6
15.0
04/03
64
25.0
80.5
1
100+
15.0
04/03
65
26.6
79.5
1
98.8
15.0
04/10
66
22.7
82.0
1
100+
15.0
04/10
67
25.0
79.3
1
98.5
15.0
04/10
68
24.2
79.8
1
99.1
15.0
04/10
69
25.0
81.7
1
100+
15.0.
04/10
70
24.2
81.0
1
100+
15.0
04/10
71
25.8
81.2
1
100+
15.0
04/14
72
27.4
76.6
1
95.2
15.0
04/14
73
26.6
78.3
1
97.3
15.0
04/14
74
28.2
80.8
1
100+
15.0
04/14
75
25.0
79.3
1
98.5
15.0
04/21
76
21.2
80.5
1
95.2
15.0
04/21
77
26.6
78.3
1
97.3
15.0
04/21
78
29.0
78.0
1
100+
15.0
04/21
79
25.0
78.1
1
98.5
15:0
04/21
80
28.2
77.3
1
95.2
15.0
MOIST./DEN.
MAXIMUM
DRY
OPTIMUM
RELATIONSHIP
DENSITY
MOISTURE
NO.
(pcf)
(o)
------------------------------------
-----------------------------------
1
80.6
27.4
NOTE:
1. Tests performed in accordance with ASTM D-2922781
LOCATION
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
SEE PLAN
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
APPROX. DIS.
FIELD DRY
MOIST./DEN.
BELOW FIN.
1997
TEST
MOIST.
DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO.
(o)
(pcf)
NO.
o
(ft.)
LOCATION
04 2 5
�_/��
8,
��
25.0
79.3
1
- 97:3
15:0
SEE
-PLAN
04/25
82
25.0
80.4
1
100+
1,5.0
SEE
PLAN
04/25
83
27.4
86.1
1
98.5
15.0
SEE
PLAN
04/25
84
25.8
77.8
1
98.5
15.0
SEE
PLAN
05/07
85
29.0
79.1
1
98.3
12.0
SEE
PLAN
05/07
86
27.4
77.8
1
96.6
12.0
SEE
PLAN
05/07
87
27.4
77.8
1
96.6
12.0
SEE
PLAN
05/07
88
26.6
78.3
1
96.6
12.0
SEE
PLAN
05/07
89
27.4
77.8
1
96.6
12.0
SEE
PLAN
05/07
90
28.2
77.3
1
96.0
2.0
SEE
PLAN
05/07
91
26.6
77.1
1
95.8
2.0
SEE
PLAN
05/07
92
25.8
77.6
1
96.4
14.0
SEE
PLAN
05/07
93
27.4
77.8
1
96.6
14.0
SEE
PLAN
05/14
94
26.6
76.0
1
95.0
5.0
SEE
PLAN
05/14
95
27.4
77.8
1
96.6
5.0
SEE
PLAN
05/14
96
28.2
77.8
1
96.6
5.0
SEE
PLAN
05/14
97
30.7
77.0
1
95.7
5.0
SEE
PLAN
05/14
98
27.4
77.8
1
96.6
5.0
SEE
PLAN
05/19
99
26.6
78.3
1
97.3
5.0
SEE
PLAN
05/19
100
24.2
78.6
1
97.6
5.0
SEE
PLAN
MOIST./DEN.
MAXIMUM DRY
OPTIMUM '
RELATIONSHIP
DENSITY
MOISTURE
NO.
(pcf)
(o)
1
80.6
27.4---
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO. GTI-70104
FIELD DRY
MOIST./DEN.
1997
TEST
MOIST. DENSITY
RELATIONSHIP
COMPACT.
DATE
NO.
( o )
(pc f )
NO.
o
----------------------------
05/19
101
26.6
78.3
1
97.3
05/19
102
25.0
79.3
1
98.5
05/31
103
25.0
79.3
1
98.5
05/31
104
27.4
77.8
1
96.6
05/31
105
26.6
78.3
1
97.3
05/31
106
27.4
76.6
1
95.2
05/31
107
26.6
77.1
1
95.8
05/31
108
25.0
80.5
1
100+
05/31
109
25.0
79.3
1
98.5
05/31
110
24.2
81.0
1
100+
06/10
111
26.6
78.3
1
97.3
06/10
112
25.0
79.3
1
98.5
06/10
113
26.6
79.5-
1
98.8
06/10
114
24.2
81.0
1
100+
06/20
115
25.0
79.3
1
98.5
06/20
116
25.0
79.3
1
98.5
06/20.
117
26.6
77.1
1
95_9
06/20
118
26.6
77.5
1
95.9
06/20
119
24.2
79.8
1
99.1
07/02
120
23.4
79.0
1
98.0
MOIST./DEN.
MAXIMUM DRY
OPTIMUM
RELATIONSHIP
DENSITY
MOISTURE
NO.
(pcf)
(.)
1
------------
80.6
27.4
APPROX. DIS.
BELOW FIN.
SUBGRADE
(ft.)
LOCATION
5.0
SEE
PLAN
5.0
SEE
PLAN
6.0
SEE
PLAN
6.0
SEE
PLAN
6.0
SEE
PLAN
6.0
SEE
PLAN
2.0
SEE
PLAN
2.0
SEE
PLAN
2.0
SEE
PLAN
2.0
SEE
PLAN
5.0
SEE
PLAN
5.0
SEE
PLAN
5.0
SEE
PLAN
5.0
SEE
PLAN
4.0
SEE
PLAN
4.0
SEE
PLAN
4.0
SEE
PLAN
4.0
SEE
PLAN
4.0
SEE
PLAN
2.0
SEE
PLAN
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY INC.

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO_ GTI-70104
APPROX_ DIS.
FIELD
DRY
MOIST_/DEN.
BELOW FIN.
1997
TEST
MOIST.
DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO.
(o)
(pcf)
NO.
o
(ft.)
LOCATION
07/02
121
24.2
79.7
1
99.0
2.0
SEE
PLAN
07/02
122
24.2
79.7
1
99.0
2.0
SEE
PLAN
07/02
123
22.7
81.5
1
100+
0.0
SEE
PLAN
07/02
124
25.0
78.0
1
97.0
0.0
SEE
PLAN
07/02
125
22.7
81.5
1
100+
0.0
SEE
PLAN
07/15
126
26.6
77.1
1
95.8
1.0
SEE
PLAN
07/15
127
25.0
79.3
1
98.5
1.0
SEE
PLAN
07/15
128
25.8
78.8
1
97.9
1.0
SEE
PLAN
07/15
129
26.6
78.3
1
97.3
1.0
SEE
PLAN
08/04
130
29.0
76.8
1
95.4
0.0
SEE
PLAN
08/04
131
27.6
77.7
1
96.5
0.0
SEE
PLAN
08/04
132
26.6
77.1
1
95.8
0.0
SEE
PLAN
Uo//-1.
.L-5j
GU.S
y4.'/
2
100+
0.5-_ --
SEE
PLAN
08/21
134
25.0
92.5
2
100+
0.5
SEE
PLAN
08/21
135
23.5
92.4
2
100+
0.5
SEE
PLAN
08/21
136
22.7
95.4
2
100+
0.5
SEE
PLAN
08/22
137
22.0
94.8
2
100+
0.5
SEE
PLAN
08/22
138
25.8
96.7
2
98.1
0.5
SEE
PLAN
08/22
139
25.0
92.5
2
100+
0.5
SEE
PLAN
08/25
140
27.4
90.7
2
98.1
0.5
SEE
PLAN
MOIST./DEN. MAXIMUM DRY OPTIMUM
RELATIONSHIP DENSITY MOISTURE TCS� *_411- AtM 47-4e gf2�
NO. (pcf) (0)
-gym' GO vex- t
1 80.6 27.4
2 92.5 27.8 V`��Si't5 cc s
NOTE:
1. Tests performed in accordance with ASTM D-2922-81
GROUND
TECHNOLOGY INC_

REPORT OF IN -PLACE FIELD DENSITY TEST
PROJECT: PORT VILLAGE
MOORESVILLE, NC
PROJECT NO_ GTI-70104
APPROX. DIS_
FIELD
DRY
MOIST./DEN.
BELOW FIN.
1997
TEST
MOIST.
DENSITY
RELATIONSHIP
COMPACT.
SUBGRADE
DATE
NO-
(5.0
( pcf )
NO.
o
(ft.)
LOCATION
08/25
141
22.7
93.'0
2
99.2
0.5
SEE
PLAN
08/26
142
25.0
92.5
2
100+
0*0
SEE
PLAN
08/26
143
23.5
92.4
2
100+
0.0
SEE
.PLAN
08/26
144
23.5
92.4
.2
100+
0.0
SEE
PLAN
08/26
145
26.6
91.3
2
98.7
0.0
SEE
PLAN
08/27
146
24.2
93.1
2
100+
0.0
SEE
PLAN
08/27
147
25.0
92.5
2
100+
0.0
SEE
PLAN
08/27
148
22.7
93.0
2
100+
0.0
SEE
PLAN
09/02
149
20.5
92.2
2
99.7
0.0
SEE
PLAN
09/02
150
21.2
92.9
2
100+
0.0
SEE
PLAN
09/02
151
22.0
92.3
2
99.8
0.0
SEE
PLAN
MOIST./DEN. MAXIMUM DRY OPTIMUM
RELATIONSHIP DENSITY MOISTURE
NO. (pcf) (0
1 80.6 27 4---
2 92.5 27.8
CLA 4- &A_P�
k-e_AStcS a5`7
NOTE:
1. Tests performed in accordance with ASTM D-2922781
GROUND'
TECHNOLOGY INC.

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------
--------------.-----------

Attachment 6
Laboratory Analysis of Ash Fill
December 18, 2001

(N)Ground Engineering Solutions, Inc.
35.34 Rutherford Rd. Taylors, S. C. 29687 Ph 864-292-2901 Fax [phone]
December 18, 2001
Mr. Bill Misiaveg
Carolina Holdings, Inc.
PO Box 25909
Greenville, SC 29616
Subject: Testing of Ash Fill
Proposed Retail Development
Rolling Hills Road
Mooresville, North Carolina
GES File No. CHI 084.11
Dear Mr. Misiaveg:
Attached, please find the results of the TCLP test made on a sample of ash/slag taken from the
above referenced project site.
The sample was obtained on November 6, 2001. The area was discovered because it was noticed
that no vegetation was growing on the area. The area is about 120 feet east of the Lowe's side
parking lot and was 144 feet wide (east to west) and about 250 feet long.
The attached test results did not indicate that any volatiles, semi-volatiles, pesticides, herbicides
or metals leached from the ash waste in the TCLP test. This test indicates that the ash waste can
be classified as non -hazardous.
If you have any questions concerning this letter or if we may be of further assistance, please
contact our office at 864-292-2901.
Sincerely,
GROUND ENGINEERING SOLUTIONS, INC.
�-- , Arc
ames G. Kahle, P.E.
Senior Engineer
Attachment(s):
- Laboratory Results
- Chain of Custody
1xv.t tlArti,
..•`��Q oFEsslpZ
SEAL�� =
023247
Rex T. Brown, P.E. T'•••• `g(j�`
Reviewer / Senior Geotecluif& } MN�

SHEALY ENVIRONMENTAL SERVICES, INC.
Scientists and Consultants
Report of Analysis
Ground Engineering Solutions, Inc.
3534 Rutherford Road
Taylors, SC 29687
Attention: Andy Hayes
Project Name : CHI 084
Lot Number : CK07037
Date Completed: 11/26/2001
Ji1ferj)rr
Project Manager
Total number of pages in report : 3
This report has been prepared and reviewed in accordance with Shealy's Quality Assurance Management Plan. Any data qualifiers associated with
sample analysis are footnoted on the analytical results page(s). This report shall not be reproduced, except in its entirety, without the written approval
of Shealy Environmental Services, Inc.
The following non -paginated documents are considered part of this report: Chain Of Custody Record and Sample Receipt Checklist.

SHEALY ENVIRONMENTAL SERVICES, INC.
Report of Analysis
SC DHEC No. 32010 NC DEHNR No. 329
Client:
Ground Engineering Solutions, Inc.
3534 Rutherford Road
Taylors, SC
29687
Attention :
Andy Hayes
Project Name:
CHI 084
Description SS-1
Date Sampled
11/07/2001
1740
Lot Number CK07037-001
Matrix
Solid
Date Received 11/07/2001
Prep
Analytical
Parameter
Method
Method
Result Q
PQL
Units
Prep Date
Analysis Date Analyst
Inorganic non-metals
% Solids
160.3
90.7
%
11/08/2001
2030
ADH
TCLP Volatiles
Benzene
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
2-Butanone (MEK)
1311/5030B
8260B
ND
0.10
mg/L
11/14/2001
1558
RED
Carbon tetrachloride
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
Chlorobenzene
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
Chloroform
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
1,2-Dichloroethane
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
1,1-Dichloroethene
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
Tetrachloroethene
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
Trichloroethene
1311/5030B
8260B
ND
0.050
mg/L
11/14/2001
1558
RED
Vinyl chloride
1311/5030B
8260B
ND
0.10
mg/L
11/14/2001
1558
RED
Surrogates
1,2-Dichloroethane-d4
1311/5030B
8260B
111
70-130
%
/o
11/14/2001
1558
RED
Bromofluorobenzene
1311/5030B
8260E
87
70-130
%
11/14/2001
1558
RED
Toluene-d8
1311/5030B
8260E
100
70-130
%
11/14/2001
1558
RED
TCLP Semivolatiles
1,4-Dichlorobenzene
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
2,4-Dinitrotoluene
1311/3520C
8270C
ND
0.10
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Hexachlorobenzene
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Hexachlorobutadiene
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Hexachloroethane
131113520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
2-Methylphenol
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
3 & 4-Methylphenol
1311/3520C
8270C
ND
0.10
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Nitrobenzene
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Pentachlorophenol
1311/3520C
8270C
ND
0.25
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
PQL = Practical quantitation limit
B
= Detected in the method blank
E = Quantitation of compound exceeded the calibration
range
ND = Not detected at or above the PQL
J =
Estimated result less
than the PQL
Soils reported on a dry weight basis unless flagged with a "W"
SHEALY ENVIRONMENTAL SERVICES, INC.
106 Vantage Point Drive, Cayce, South Carolina
29033 (803)
791-9700 Fax (803)
791-9111 www.shealyenvironmental.com
Page
1 of 2

Description SS-1
Date Sampled
11 /07/2001
1740
Lot Number CK07037-001
Matrix
Solid
Client Ground Engineering Solutions, Inc.
Date Received 11/07/2001
Prep
Analytical
Parameter
Method
Method
Result Q
PQL
Units
Prep Date
Analysis Date Analyst
TCLP Semivolatiles
Pyridine
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
2,4,5-Trichlorophenol
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
2,4,6-Trichlorophenol
1311/3520C
8270C
ND
0.050
mg/L
11/14/2001 1620
11/16/2001
1514
MWK
Surrogates
2,4,6-Tribromophenol
1311/3520C
8270C
73
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
2-Fluorobiphenyl
1311/3520C
8270C
65
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
2-Fluorophenol
1311/3520C
8270C
61
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
Nitrobenzene-d5
1311/3520C
8270C
69
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
Phenol-d5
1311/3520C
8270C
56
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
Terphenyl-d14
1311/3520C
8270C
78
30-130
%
11/14/2001 1620
11/16/2001
1514
MWK
TCLP Pesticides
gamma-BHC (Lindane)
131113520C
8081A
ND
0.00050
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Chlordane
1311/3520C
8081A
ND
0.0010
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Endrin
1311/3520C
8081A
ND
0.00050
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Heptachlor
1311/3520C
8081A
ND
0.00050
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Heptachlor epoxide
1311/3520C
8081A
ND
0.00050
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Methoxychlor
1311/3520C
8081A
ND
0.0020
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Toxaphene
1311/3520C
8081A
ND
0.0050
mg/L
11/14/2001 1620
11/16/2001
1548
MTR
Surrogates
Decachlorobiphenyl
1311/3520C
8081A
50
50-130
%
11/14/2001 1620
11/16/2001
1548
MTR
Tetrachloro-m-xylene
1311/3520C
8081A
84
50-130
%
11/14/2001 1620
11/16/2001
1548
MTR
TCLP Herbicides
2,4-D
1311/8151A
8151A
ND
0.020
mg/L
11/20/2001 1340
11/26/2001
1036
MTR
2,4,5-TP (Silvex)
1311/8151A
8151A
ND
0.0050
mg/L
11/20/2001 1340
11/26/2001
1036
MTR
Surrogates
DCAA
1311/8151A
8151A
97
50-130
%
11/20/2001 1340
11/26/2001
1036
MTR
TCLP Metals
Arsenic
1311/3010A
6010E
ND
0.050
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Barium
1311/3010A
6010B
ND
0.25
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Cadmium
1311/3010A
6010B
ND
0.020
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Chromium
1311/3010A
6010B
ND
0.050
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Lead
1311/3010A
6010E
ND
0.030
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Mercury
1311/7470A
7470A
ND
0.0010
mg/L
11/15/2001 1110
11/15/2001
1458
NGG
Selenium
1311/3010A
6010B
ND
0.050
mg/L
11/14/2001 1442
11/15/2001
1837
FTS
Silver
1311/3010A
6010B
ND
0.050
mg/L
11/14/2001 1442
11/16/2001
1136
FTS
PQL = Practical quantitation limit
B =
Detected in the method blank
E = Quantitation of compound exceeded the calibration range
ND = Not detected at or above the PQL
J =
Estimated result less
than the PQL
Soils reported on a dry weight basis unless flagged with a "W"
SHEALY ENVIRONMENTAL SERVICES, INC.
106 Vantage Point Drive, Cayce, South Carolina
29033 (803)
791-9700 Fax [phone] www.shealyenvironmental.com
Page
2 of 2

Sample Receipt Checklist
Client: 6>r,50A-J �� 70
Cooler received by/date l � Lot number:
Means of receipt:
EnESI
❑ Client ❑ UPS ❑ FedEx ❑ DirectX ❑ Other
Cooler temperature upon receipt___3 °C
Method: ❑ Temperature Blank . '' Against Bottles
Method of coolant: Z Wet Ice ❑ Blue Ice ❑ Dry Ice ❑ None
Yes
❑
I No
❑
NA
E
1. Is the shipper's packing slip attached to this form? (if applicable)
Yes
I No
❑
NA
❑
2. Was a chain of custody provided with the samples?
Yes
I No
❑
I NA
❑
3. Were proper custody procedures followed?
Yes
No
❑
NA
❑
4. Was the client name listed?
Yes
No
❑
NA
❑
5. Were sample IDs listed?
yeS'Z
I No
I NA
❑
1 6. Was collection date & time listed?
Ye
No
I NA
❑
1 7. Were the tests to be performed listed on either the C of C orquote?
Yes
Z
I No
❑
NA
❑
8. Did all samples arrive in the proper containers for each test?
Yes
2r
I No
❑
NA
❑
9. Did all bottle labels agree with custody papers?
11
Yes
No
❑
NA
❑
10. Did all containers arrive in good condition (unbroken)?
Yes
No
❑
NA
M
11. Was adequate sample volume available?
Yes
No
❑
NA ❑
12. Were all samples received within'/2 the holding time or 48 hours, whichever
comes first?
Yes
❑
No
NA
❑
13. Were any samples containers missing?
Yes
❑
No
NA
❑
14. Were there any excess samples not listed on C of C?
Yes
❑
No
NA
15. Were air bubbles >6 mm in any VOA vials if applicable)?
Yes
❑
No
❑
NA
16. Were all Metals; Oil & Grease; Nutrient samples received at a pH of <2?
Yes
❑
No
❑
NA
17. Were all Cyanide; Sulfide samples received at a pH >12?
Yes ❑
No
❑
NA
18. Were all NH3; TKN; Cyanide; BNA; PEST; PCB; HERB; Toxicity samples
free of residual chlorine? (< 0.1 m /L)
Yes ❑
No ❑
NA f[�J'
/
19. For North Carolina samples, were collection temperatures documented on
the chain of custody?
Sample Preservation (Must
be completed for any sample(s) incorrectly preserved.)
Sample(s) were received incorrectly preserved and were
adjusted accordingly in sample receiving.
Sample(s)
unable to be analyzed.
were received incorrectly preserved and were
Sample(s)
were received with bubble >6 mm in diameter
Toxicity sample(s)
analyzed by method 330.5.
were received with TRC > 0.1 mg/L and were
Corrective Action taken, if necessary:
Was client notified: Yes ❑ No ❑
Did client respond: ` Yes ❑ No ❑
Date of response:
SESI employee:
Client instructions / Comments:
SESI QAMP
Section: 9
Revision: F
Effective Date: 03/08/01
Replaces Date: 06/01/00

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Attachment 7
Technical Review by Ground Engineering Solutions
December 19, 2001

A)Ground Engineering Solutions, Inc.
3534 Rutherford Rd. Taylors, S. C. 29687 Ph 864-292-2901 Fax [phone]
December 19, 2001
Mr. Bill Misiaveg
Carolina Holdings, Inc.
PO Box 25909
Greenville, SC 29616
Subject: Technical Review of Coal Ash Structural Fill
Lowe's Outparcel (Port Village Business Park)
Hwy. 150 & I-77 / Mooresville, North Carolina
GES File No. CHI 084.11
Dear Mr. Misiaveg:
Ground Engineering Solutions, Inc. (GES) has completed the following tasks:
1. Reviewed the file for Port Village Business Park Coal Ash Structural Fill at the NC
Department of Environmental Health and Natural Resources (NCDEHNR), Solid
Waste Division.
2. Met with Mr. Larry Harper of Duke Energy to obtain pertinent records (density tests,
stormwater permit, Duke Power Performance Standards).
3. Made a visual site inspection of the subject site.
4. Performed nine (9) soil test borings and prepared a Preliminary Geotechnical Report,
dated December 12, 2001.
5. Interviewed the following individuals by telephone:
• Mr. Carleton Burton, P.E. — President, Burton Engineering Association and
designer of Ash Fill Plan.
• Mr. Gary L. Gechter, P.G. — Ground Technology, company that performed
density testing.
Based on this review, it is our opinion that the ash fill may not meet some requirements of
NCDEHNR regulations Section .1700 — Requirements for Beneficial Use of Coal Combustion
By -Products (see attached regulation).
A. The topography shown on the engineering plans by Burton, indicate a valley bottom
elevation of 814.6 feet. The existing retention pond has a riser pipe elevation that
appears to be 817. It is likely that this elevation would raise groundwater to at least
elevation 817. If ash were put in at 814.6, the ash would likely be below the
groundwater table, which would be a violation of Regulation .1704 (a) (3).
B. The borings and visual observations indicate that some areas have no cover soil over
the ash. This would be a violation of Regulation .1704 (il.

Technical Review of Coal Ash Structural Fill
Proposed Retail Development
Mooresville, NC
December 19, 2001
Page 2 of 2
C. We found no record of closure certification by a P.E. Mr. Burton, the engineer of
record, indicated by phone on December 17, 2001, that he did not prepare the closure
certification because he was not retained to make site observations during filling. No
Closure Certification was found in NCDEHNR Solid Waste Division file. Larry
Harper of Duke Energy did not have a Closure Certification. This would be a
violation of Regulation .1706 (d).
D. According to your attorney, Mr. Marion Goodyear, there is no deed recordation that
the property contained coal combustion by-products. This would be a violation of
Regulation .1707 (a) (b) (c) (d). The Duke Energy file did contain an exhibit to the
contract between Duke and B.V. Belk that B.V. Belk agreed to record the ash
notification statement on the deed.
E. We found no report concerning the proper removal of the 66-inch diameter CMP that
was indicated on the site per the Burton plan. If this pipe were still in -place, it would
pose a problem for collapse and settlement.
F. We found no description of the construction of the proposed storm drainage pipe
shown on the Burton plan. There is no report with regards to the as -built condition of
the proposed storm drainage pipe.
G. We found no record of proofrolling or inspecting the subgrade strength and valley
bottom before filling with ash. If soft compressible deposits were left in -place, they
could lead to long term settlement due to the weight of the ash fill.
It may well be that satisfactory data exists to resolve the above issues. It is our recommendation
that these issues be resolved before Carolina Holdings purchases this property.
This report has been prepared in accordance with generally accepted geotechnical and
environmental engineering standards and practices for the specific application to this project.
The conclusions and recommendations contained in this report were based on the applicable
standards of our profession at the time this report was prepared. No other warranty, expressed or
implied, is made.
We appreciate the opportunity to provide the geotechnical engineering services for this project.
Should any questions arise regarding information presented in this report or when we may be of
further assistance, please contact our office at 864-292-2901.
This report is intended for the use of Carolina Holdings, Inc. Reliance on this report b�,V&fSi
will be at the sole risk of the user.
Sincerely,
GROUND ENGINEERING SOLUTIONS, INC.
,�c c -- >< ff ..�.
James G. Kahle, P.E.
Senior Engineer
XN .GgRp
SEAL
023247
i F N61 NE�Q.
Rex T. Brown, P.E. 4DD8Rd
Reviewer / Senior Geotechnical Avihw:
�� lZ�19 f o�
Attachment(s):
- NCDEHNR Regulation Section .1700 — Requirements for Beneficial Use of Coal Combustion By -Products

Attachment 8
NCDENR Audit Report and Notice of Violation
December 23, 2009

ALTD-KAA
NCDENR
NORM CAROLINA t�EPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE: Structural Fill/CCB
Structural
X
Active
Certified
N
COUNTY: I R E D E L L
Fill
Closure
PERMIT NO.: CCB0052
Permitted
N
Inactive
Site Y/N
FILE TYPE: COMPLIANCE
Notified
Y
Recorded
N
Site Y/N
Y/N
Date of Audit: December 23, 2009 Date of Last Audit: N/A
FACILITY NAME AND ADDRESS:
Port Village
507 River Hwy, Mooresville, NC, near I-77 Intersection
GPS COORDINATES: N: 35.593063 W: 80.865287
CURRENT PROPERTY OWNER:
Lowes Home Center Inc.
PO Box 1000
Mooresville, NC 28115
FACILITY CONTACT ADDRESS:
Corporation Service Company, Registered Agent
Lowes Home Centers, Inc.
327 Hillsborough Street
Raleigh, North Carolina 27603
WASTE GENERATOR/SOURCE:
Duke Power Company
AUDIT PARTICIPANTS:
Charles Gerstell-NCDENR, Solid Waste Section
Bill Wagner-NCDENR, Solid Waste Section
STATUS OF NOTIFICATION/SITE:
Inactive
PURPOSE OF AUDIT:
Comprehensive
NOTICE OF VIOLATION(S):
15A North Carolina Administrative Code 13B .1706(d) states: The constructor or operator shall submit a
certification to the Division signed and sealed by a registered professional engineer or signed by the Secretary of the
Department of Transportation or his designee certifying that all requirements in the Rules of this Section have been
met. The report shall be submitted within 30 days of application of the final cover.
A certification was never submitted to the Division for this structural fill facility. Therefore, Lowes Home Centers,
Inc. is in violation of 15A NCAC 13B .1706(d).
To achieve compliance, Lowes Home Centers, Inc. must submit a certification to the Division signed and sealed by a
registered professional engineer within 60 days of receipt of this audit report with Notice of Violation(s).

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 4
15A North Carolina Administrative Code 13B .1707 (a) states: The owners of land where coal combustion by-
products have been utilized in volumes of more than 1,000 cubic yards shall file a statement of the volume and
locations of the coal combustion by-products with the Register of Deeds in the county or counties where the property
is located. The statement shall identify the parcel of land according to the complete legal description on the recorded
deed, either by metes and bounds, or by reference to a recorded plat map. The statement shall be signed and
acknowledged by the landowner(s) in the form prescribed by G.S. 47-38 through 47-43.
15A North Carolina Administrative Code 13B .1707(b) states: Recordation shall be required within 90 days after
completion of coal combustion by-product fill project
15A North Carolina Administrative Code 13B .1707(c) states: The Register of Deeds in accordance with G.S.
161-14 shall record the notarized statement and index it in the Grantor Index under the name of the owner(s) of the
land. The original notarized statement with the Register's seal and the date, book and page number of recording shall
be returned to the Division after recording.
Lowes Home Centers, Inc. is in violation of 15A NCAC 13B .1707(a) through .1707(c) in that the structural fill
facility was never recorded on the deed for the property.
To achieve compliance, within 60 days of receipt of this audit report with Notice of Violation(s), Lowes Home
Centers, Inc. must file a statement of the volume and locations of the coal combustion by-products with the Register
of Deeds in the county where the property is located. The statement shall identify the parcel of land according to the
complete legal description on the recorded deed, either by metes and bounds, or by reference to a recorded plat map.
The statement shall be signed and acknowledged by the landowner(s) in the form prescribed by G.S. 47-38 through
47-43.
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day may be assessed
for each violation of the Solid Waste Statute or Regulations. For the violation(s) noted here, you may be subject to enforcement
actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and
any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and
Rules.
AREAS OF CONCERN AND COMMENTS:
1. Historical Information
a. Estimated Fill Volume = 500,000 cubic yards
b. Proposed End Use:
c. Facility Information: Note in file indicated Duke requested property owner to comply with
notification requirements.
2. Location Description/Directions

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 4
Google Earth 12/17/09
3. Current Use: A Lowe's has been located on the property with associated asphalt parking.
4. Waste Limit Siting Requirements:
Requirements
Comments
50 feet from surface water
Unable to determine. This information must be provided
with certification.
2-feet above seasonal groundwater
Unable to determine. This information must be provided
with certification.
100 feet from drinking water
Unable to determine surrounding drinking water sources.
sources
This information must be provided with certification.
w/in 100 year flood plain
Site is not located within a 100-year flood lain.
25 feet from property line
Unable to verify property boundaries in field. This
information must be provided with certification.
5. Discussion of Closure Requirements:
Requirements
Comments
Minimize erosion of cover
materials/cap
Site has been stabilized with vegetation, asphalt and
structures.
Minimize infiltration and ponding
No ponding was observed.
Other erosion control measures
Site is inactive. No longer applicable.
No migration of CCB off -site
No migration of CCB was observed.
6. Construction, Design, and Operation Requirements:
Requirements
Comments
Discharge to surface water
No discharge of CCB to surface waters was observed.
Surface water diversion from
Site is no longer active. No longer applicable.
active fill areas
Dust control measures
Site is no longer active. No longer applicable.
18" soil cover on inactive fill areas
Unable to determine. This information must be provided
with certification.
Maximum slope 3:1
Majority of property has been graded to match elevation
of surrounding areas. Unable to determine limits of
CCB.

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 4
7. Final comments/photos:
a. Site is no longer active and has been developed with a Lowe's and associated asphalt parking.
b. Iredell County Property Data indicates that a stream exists on the property which has apparently been
altered. Documentation verifying approval of stream disturbance must be submitted to the Division
within 60 days.
c. Please ensure that certification to be submitted to the Division verifies compliance with all the rules
pertaining to Section .1700 of North Carolina Administrative Code 13B.
Please contact me if you have any questions or concerns regarding this audit report.
Phone: -[phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative
Delivered on : 1/8/10 by
Hand delivery
US Mail
X
Certified No. f 7008 1140 0002
2716 4849 1
cc: Mark Poindexter, Field Operations Branch Supervisor
Deb Aja, Western District Supervisor

Attachment 9
Recordation of Structural Fill Facilities
September 23, 2010

(Page 1 of 4)
a Prepared by and Return to:
Angela D. Marshall
1000 Lowe's Blvd.
Mooresville, NC 28117
STATE OF NORTH CAROLINA
COUNTY OF IREDELL
Il1141111111111111111111111�11111111111111111111111111111Illillllllllilllllllll
Doc ID: 013102640004 TVPe: CRP
Recorded: 09/23/2010 at 09:20:20 AM
Fee Amt: $23,00 Page i of 4
Iredell County, NC
Brenda D. Bell Register of Deeds
BK2082PG2170-2173
RECORDATION OF STRUCTURAL FILL FACILITIES
Lowe's Home Centers, Inc., the owner of the property described on Exhibit A attached
hereto and incorporated herein by reference (the "Property"), hereby acknowledges the use of
coal combustion by products as structural fill on the Property. Lowe's Home Centers, Inc. was J J
not the owner of the Property at the time of the use of the coal combustion products as structural
fill on the Property, however, to the best of the actual knowledge of Lowe's Home Centers, Inc.
and based on information provided to Lowe's Home Centers, Inc., the volume of ash placed on
the Property is approximately 397,728 tons.
LOWE'S HOME CENTERS, INC.
q�
fill III:1
STATE Alo,,14-, Cie E �
COUNTY W,' t 1u--/
I, /Vt4f,: sse-- (d-- cAA A/ A i a Notary Public of the County and State
aforesaid, certify that W `,- _ , as a , Z P,- r 3: A e .-�
of W ry L 1-6►-r,t- U ,4-. r, .; ^ c- properties, personally appeared before me this day
and acknowledged the execution of the foregoing instrument on behalf of the company.
Witness my hand and official stamp or seal this theday ofs+°�"010
Notary Public
My Commission Expires: al a.o i a o 1 aII.- pAEL15SA RICHARDSON ,
Notary Public, North Carolina
Wilkes County
February 20 20 i2 s
Book: 2082 Page: 2170 Page 1 of 4
Book 2082. Paae 2170. File Number

(Page 2 of 4)
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taoth"A li" Of om+ Bt+ag hatcciatianr Inc. Borth 81 degr"t is
stinutsa 49 seecuds S4gt 30,51 feet to a 518" I rCM rebar get)
thanau Bah 44 degEta
s hI Migntes 12 sawiaAt wont 213'es fcot to
6 *if' Iron rebAr Rthe aaUt waastern Jim at Ozlo htcg
jhv su�cutlmr Inc, Ca Nita MIS veltez'u state of 4Me stop
LfsocittiaA, i � Barth bf dames 07 jdsvt4al 43 aatacsndr tact
70.40 feat to' a S/v #.ram rsb4r last 14 the !WQvtern iiae of 4Ae
atop s aat*ciatloa, YVOO cud thO 442RU694 lire of Fleur E. Iiraeu
0"d otaak 460 pave 9600 31at Root 22 ftffo 12S); tbeaee Worth gl
degmar 52MiAutaea 13 i b=44a vast 221.01 felt to a slog Oran .
febUf' toot "Uth"Staarn "Set of Gteaanei thbAca VLth the traattin
line of amgne Barth 01 degree& 53 it.ge 93 agg"do x4ot 31,O.84
.feet to a $too iraa mbar lst in thl amtbara Igo fact rlant••nt-
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Page Two of Three
,�a �5rttid 8WY 150; cke ae .North 07
grew 51 zfttte `47 abc 'fftst 45.41 test tc a P-1-wall in
the centerlim of said highwal Chance with avJA ceaterline' firth
e2 degre+as 05 minutes 1a seconds west 260.42 feet to a 1-9 fail
oet, the northoutera comer of xiahael Z.. Reiaen (Deed Rook 751
Page 160; Plat kook 27 Page 19)1 thttfe 16SV.a9 laid .kighWay
douth JS d es4 17, dtstlte8 00 ss ds ' set. $6.82 feet to a 51V
iron rebar *at in the sonthera SUVI t of Paid highvap in the line
of itsi"a; .thcnoa Rath 35 degrool 05 Xinu1*vn 05. vecands 'heat
S44.13 lest to an exiatirq 1* Jron pipet tha acuthowatarp corner
at Ricbartd a. Martin (fta4 Book 190 Fagre 273," Plat nook 5 Mys
lit )l theure South 35 daVees .33 ALUM 02 sect u de Wast 443.48
feet to an exittih} S" ix" pike, is the lia+s of 'Smith-sch"ider
Fropertleasr Inc, (aced Abair 447 Pap 11181 Lot 3 of Crasslike
Iezd+.tatxial Park, Flab loam 26 ftvo 87 ); t.hecce vitt the nortbern
11ne of Lot 3 aad t. .7. Sill GbW*n (need Book 993 Fags 265; Lot
4 of Crcaalaks tuftstriAl Parks' Plat Book 26 page 99) Routh 00
dngrooz 2D minutes 20 seconds Beret 268.90 fret tc as axfstiVO
#i2` 3raa rixd, thr ucrtlnrcutt ► ert=Ot Of P040k* Raa.Vg sett ,
Zuc. (Deed sbok 96f Page'2427; Lot 5 of crostla m Industrial
park,, Plitt Rook 26 Page 08)1 thaAca South 50 degreaa I9 minutes
s7 safondA lest 225.02 feet to an exi,eting 112'-Uon rod, the
ilazt%svearorn corner of Pgaskm aecftig avutbr Inc, (Lot 6 of
Cr ooslake indUstrlal Park. Plat 2WX 26 Pap 88)1 theace ftUtb 80
dttzroas 22 mitmtes 52 secotfd+e last MAI feet to An existing 1-
1/2 0 i.rDA p4P8 ,lea the fine of MOM Rtoiag 904th, IAS . 006d
Back 970 r4ge 1519; Lot r brad Let 6 bf Lak+ 4148 Park, Ple.t 800k
19 pap 19). thence with the line - of reask.6 Racing sortb 09
deStxaeu 4[+ minutes 55 Bat oz& east 75.09 feet to an eUg ng 5f 8
moss rtbarl thl zon +vitb they 'northern 1#ae of venske Racing Routh
78 dt7rees 59 mjnnt,es 21 saearAa last 342.87 feet to an existing
VGO iron z4bar, the nortiwssteru corner of aoasb t prsp�orts,
Ite. (ussd Baal JQQa ga a $2$; Lots 3 and 4 of takealde Parks
Plat Saok .ls Page MI thOACb with the liar of R Msh saatb 70
deffre0v 03 miaatiee 35 cecnmdx East ,20fl.25 feet to At OXiStUg
Vin iron Mar# and facth 11-degreaa 00 minutes 06 seconds Meet
75.94 feet 'to on exi6tin-9 I- J%-** pin,; the rcrthveeterh corner of
Ualtp, Yttc. 0 Jaspar angittea (Reed Book 270 POP' 2549, Late 3
and d of Lakeside 9arko Plat Rook 19 Page I9); -thence With the
northern 11" of Realty, Inc. and sua%x 1. Bteimle Daed Book 85°l
Page 80x( PlAt -Book IS Page 19) Sow 7§ degrees 64 minatea 33
oecon4o East 400.32 feet to an exietiag 1/20 mbar its the vestern
maitVia of Rolling sill Road t0snd 'took 902 pate 71941 Flat Book it
Page ID); thence with Wd am in forth 00 degrees 03 minlatas 57
teca test atov73 feet to a-5/B' Iran rebar met, in said margin,
in c=== eta or vitk scattTruat xs4l{ thence the iailoxtzets%w
(a) courses ra dieefns with the fins of 8flathhftast Bank# (1)
61.01 test along a tum to the rlght'of radius 41.62 fact,
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Page "no' of U"s
4 ctoxd boarUg and diatam'of north 38 degraas 80 miaxtt" ip
56COnda West M71 feet t* A gciatj (t) tdem IWU gQ degi"ses
41 minutes 33 +wCczde $eat 78.61 feet to x poistz (3) tbeaev
39.72 raot along a a8rve td W left of radiva 2a.74 feet
a ehard bwMing and distAace of V'art� to dogrese f6 a4sutee 33
se=mdff WOO a7,44 font to 4 Vatatj (41 thelam- UQtt-h 81. dogrws
52 mllwtes 03 setcdtas woot 144.01 f"t to a SO* im rem oett
0) thmxpo 9drth 61 aA 83 Mantse Of,seca�s !Oast 07,94
fadt td a S18' iron � Sep (6)'thsnoe 16440 teat ol+W a
vtwvo fQ the rf At of VoUtts 440.46 feat +e chord bearing w d
idiiat tte at Rartk 16 derees 43 Zismtoe 44 nwads !.east 16.00
fast to an aati:t xg Iten Taber) (7) tbenas ]RwrO 17 derma s
xL eutes 49 serandar cast 0.18 fact tv as exiatlaq 519.8 itvn
rabax 8j thence 9941 tcurie act a to the left of radios
70.64 feet a e#atd buriz4 and caswift of v=th Li A*Vr4Ab% 00
'tai'Watft 34'16OM'Aft gnat 69.4. feat tv eb sx$2tiaq 318" xrQ4 mbar
44 t.%e oauthora r1fit- cf-vaw ia' a No C. poop: Is41 alld (8 )
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minutes 16 hoeaeds Rut 202.60 fesL to e. Sfo* Ir o rebe►r Set,
the POINT Dig SZOMM oDz*A L#g f6.118aams (i.d94.-Ito sq"re
feot), fro or Use acordinq t9 Ott Cartain survey, by 7okk6rt -jr.
iPi1D¢ins Rogi9t+e"d Z644 Rt� r, �,-13p3, +da+�e3 ifi aciobor �
2997 7118No.. 67(113) to s4Zraf urea Is w&Qo for a 4=9
t�
d6sd doxcripti941,
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Book 2082. Paae 2170. File Number

Attachment 10
North Carolina Administrative Code
Title 15A — Environment and Natural Resources
Chapter 13 — Solid Waste Management
Section .1700 — Requirements for Use of Coal Combustion By -Products
January 4,1994

Page 1 of 5
SECTION .1700 - REQUIREMENTS FOR BENEFICIAL USE OF COAL
COMBUSTION BY-PRODUCTS
15A NCAC 13B .1701 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) 'Beneficial and beneficial use" means projects promoting public health and environmental protection,
offering equivalent success relative to other alternatives, and preserving natural resources.
(2) "Coal combustion by-products" means residuals, including fly ash, bottom ash, boiler slag and flue gas
desulfurization residue produced by coal fired electrical or steam generation units.
(3) "Jurisdictional wetland" means those areas that meet the criteria established by the United States
Environmental Protection Agency for delineating wetlands and are considered by the Division to be waters
of the United States.
(4) "Structural fill' means an engineered fill with a projected beneficial end use constructed using coal
combustion by-products properly placed and compacted.
(5) "Use or reuse of coal combustion by-products" means the procedure whereby coal combustion by-products
are directly used as follows:
(a) As an ingredient in an industrial process to make a product, unless distinct components of the coal
combustion by-products are recovered as separate end products; or
(b) In a function or application as an effective substitute for a commercial product or natural resource.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1702 GENERAL PROVISIONS FOR STRUCTURAL FILL FACILITIES
The provisions of this Section shall apply to the siting, design, construction, operation, closure and recordation of projects
which utilize coal combustion by-products as structural fill material or as specified in Item (4) of Rule .1708 of this Section
and shall apply to structural fills other than those which received written approval from the Division prior to the effective date
of this Section. A solid waste management permit is not required for coal combustion by-products structural fills which meet
the requirements listed in this Section.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1703 NOTIFICATION FOR STRUCTURAL FILL FACILITIES
(a) A minimum of 30 days before using coal combustion by-products in structural fill projects, the person proposing the use
shall submit a written notice to the Division. The notice shall contain, at a minimum:
(1) A description of the nature, purpose and location of the project, including the name of the United States
Geological Survey seven and one-half minute map on which the project is located and a Department of
Transportation map or an eight and one-half by 11 inch topographic map showing the project.
(2) The estimated start and completion dates for the project.
(3) An estimate of the volume of coal combustion by-products to be used for the project.
(4) A Toxicity Characteristic Leaching Procedure (TCLP) analysis from a representative sample of each
different coal combustion by-product source to be used in the project. The TCLP analysis shall be
conducted and certified by the generator to be representative of each coal combustion by-product source
used in the project. A TCLP analysis shall be conducted at least annually. A minimum analysis shall
include: arsenic, barium, cadmium, lead, chromium, mercury, selenium and silver.
(5) A signed and dated statement by the owner(s) of the land on which the structural fill is to be placed,
acknowledging and consenting to the use of coal combustion by-products as structural fill and agreeing to
record the fill in accordance with Rule .1707 of this Section.
(6) The notification shall include:
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(A) Name of coal combustion by-products generator;
(B) Physical location of the generating facility;
(C) Address of generator;
(D) Name of contact for generator;
(E) Telephone number of generator; and
(F) Changes that occur will require subsequent notification of the Division of Solid Waste
Management.
(b) In addition to the notification requirements under Paragraph (a) of this Rule, at least 30 days before using coal combustion
by-products as a structural fill in projects with a volume of more than 10,000 cubic yards, the person proposing the use shall
submit a written notice to the Division containing construction plans for the structural fill facility, including a stability analysis
when necessary, which shall be prepared, signed and sealed by a registered professional engineer in accordance with sound
engineering practices. The Department of Transportation is not required to submit construction plans with the written notice.
The Department of Transportation shall maintain a complete set of construction plans and shall notify the Division where the
construction plans are located.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1704 SITING FOR STRUCTURAL FILL FACILITIES
(a) Coal combustion by-products used as a structural fill shall not be placed:
(1) Within 50 horizontal feet of a jurisdictional wetland unless after consideration of the chemical and physical
impact on the wetland, the U.S. Corps of Engineers issues a permit or waiver for the fill;
(2) Within 50 horizontal feet of the top of the bank of a perennial stream or other surface water body;
(3) Within two feet of the seasonal high ground -water table;
(4) Within 100 horizontal feet of any source of drinking water, such as a well, spring or other groundwater
source of drinking water;
(5) Within an area subject to a one -hundred year flood, unless it can be demonstrated to the Division that the
facility will be protected from inundation, and washout, and the flow of water is not restricted and the
storage volume of the flood plain will not be significantly reduced;
(6) Within 25 feet of any property boundary; and
(7) Within 25 feet of a bedrock outcrop.
(b) The Division and the Department of Transportation may agree on specific structural fill siting criteria that may be used on
Department of Transportation projects.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1705 DESIGN, CONSTRUCTION, AND OPERATION FOR STRUCTURAL FILL FACILITIES
(a) The structural fill facility must be designed, constructed, operated, closed, and maintained in such a manner as to minimize
the potential for harmful release of constituents of coal combustion by-products to the environment or create a nuisance to the
public.
(b) Coal combustion by-products shall be collected and transported in a manner that will prevent nuisances and hazards to
public health and safety. Coal combustion by-products shall be moisture conditioned, as necessary, and transported in
covered trucks to prevent dusting.
(c) Coal combustion by-products shall be placed uniformly and compacted in lifts not exceeding one foot in thickness and
shall be compacted to standards, including in -situ density, compaction effort and relative density, specified by a registered
professional engineer for a specific end use purpose.
(d) Equipment shall be provided which is capable of placing and compacting the coal combustion by-products and handling
the earthwork required during the periods that coal combustion by-products are received at the fill area.
(e) The coal combustion by-product structural fill facility shall be effectively maintained and operated as a non -discharge
system to prevent discharge to surface water resulting from the operation of the facility.
(f) The coal combustion by-product structural fill facility shall be effectively maintained and operated to ensure no violations
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of ground water standards, 15A NCAC 2L.
(g) Surface waters resulting from precipitation shall be diverted away from the active coal combustion by-product placement
area during filling and construction activity.
(h) Site development shall comply with the North Carolina Sedimentation Pollution Control Act of 1973, as amended.
(i) The structural fill project must be operated with sufficient dust control measures to minimize airborne emissions and to
prevent dust from creating a nuisance or safety hazard and must not violate applicable air quality regulations.
0) All structural fills shall be covered with a minimum of 12 inches compacted earth, and an additional surface six inches of
soil capable of supporting native plant growth.
(k) Compliance with these standards does not insulate any of the owners or operators from claims for damages to surface
waters, ground -water or air resulting from the operation of the structural fill facility. If the facility fails to comply with the
requirements of this Section, the constructor, generator, owner or operator shall notify the Division and shall take such
immediate corrective action as may be required by the Department.
(1) Coal combustion by-products utilized on an exterior slope of a structural fill shall not be placed with a slope greater than
3.0 horizontal to 1.0 vertical.
(m) The Division and the Department of Transportation may agree on specific design, construction, and operation criteria that
may apply to the Department of Transportation projects.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1706 CLOSURE OF STRUCTURAL FILL FACILITIES
(a) No later than 30 working days or 60 calendar days, whichever is less after coal combustion by-product placement has
ceased, the final cover shall be applied over the coal combustion by-product placement area.
(b) The final surface of the structural fill shall be graded and provided with drainage systems that:
(1) Minimize erosion of cover materials; and
(2) Promote drainage of area precipitation, minimize infiltration and prevent ponding of surface water on the
structural fill.
(c) Other erosion control measures, such as temporary mulching, seeding, or silt barriers shall be installed to ensure no visible
coal combustion by-product migration to adjacent properties until the beneficial end use of the project is realized.
(d) The constructor or operator shall submit a certification to the Division signed and sealed by a registered professional
engineer or signed by the Secretary of the Department of Transportation or his designee certifying that all requirements in the
Rules of this Section have been met. The report shall be submitted within 30 days of application of the final cover.
(e) The Division and the Department of Transportation shall agree on specific closure criteria that apply to Department of
Transportation projects.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1707 RECORDATION OF STRUCTURAL FILL FACILITIES
(a) The owners of land where coal combustion by-products have been utilized in volumes of more than 1,000 cubic yards
shall file a statement of the volume and locations of the coal combustion by-products with the Register of Deeds in the county
or counties where the property is located. The statement shall identify the parcel of land according to the complete legal
description on the recorded deed, either by metes and bounds, or by reference to a recorded plat map. The statement shall be
signed and acknowledged by the landowners(s) in the form prescribed by G.S. 47-38 through 47-43.
(b) Recordation shall be required within 90 days after completion of coal combustion by-product fill project.
(c) The Register of Deeds in accordance with G.S. 161-14 shall record the notarized statement and index it in the Grantor
Index under the name of the owner(s) of the land. The original notarized statement with the Register's seal and the date, book
and page number of recording shall be returned to the Division after recording.
(d) When property with more than 1,000 cubic yards of coal combustion by-products is sold, leased, conveyed or transferred
in any manner, the deed or other instrument of transfer shall contain in the description section in no smaller type than used in
the body of the deed or instrument a statement that coal combustion by-products have been used as fill material on the
property.
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History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1708 OTHER USES FOR COAL COMBUSTION BY-PRODUCTS
Coal combustion by-products may be beneficially used on one or more of the following applications or when handled,
processed, transported or stockpiled for such beneficial use applications and do not require a solid waste permit provided the
uses are consistent with the requirements identified below:
(1) Coal combustion by-products used as soil nutrient additives or other agricultural purposes under the
authority of the North Carolina Department of Agriculture;
(2) Coal combustion bottom ash or boiler slag used as a traction control material or road surface material if the
use is approved by the North Carolina Department of Transportation;
(3) Coal combustion by-products used as material in the manufacturing of another product, including, but not
limited to concrete products, lightweight aggregate, roofing materials, plastics, paint, flowable fill and roller
compacted concrete or as a substitute for a product or material resource, including but not limited to, blasting
grit, roofing granules, filter cloth precoat for sludge dewatering and pipe bedding;
(4) Coal combustion by-products used as a structural fill for the base, sub -base, under a structure or the
footprint of a paved road, a parking lot, sidewalk, walkway or similar structure;
(5) Coal combustion by-products used for the extraction or recovery of materials and compounds contained
within the coal combustion by-products. Residuals from the processing operations shall remain solid waste
and be subject to this Section and Section .1600 of this Subchapter; and
(6) Coal combustion by-products processed with a cementitious binder to produce a stabilized structural fill
product which is spread and compacted for the construction of a project with a planned end use.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1709 STORAGE AND CONTAINMENT OF COAL COMBUSTION BY-PRODUCTS
(a) Coal combustion by-products may not be stored or speculatively accumulated at the immediate area where they will be
put to beneficial use for a longer period of time than necessary to complete the project. Coal combustion by-products are not
being speculatively accumulated when a minimum of 75 percent of the coal combustion by-products are removed from the
facility and beneficially used annually.
(b) Compliance with this Section does not exempt the owner or operator of the structural fill facility from applicable North
Carolina Water Pollution Control Regulations (15A NCAC 2H), the North Carolina Air Pollution Control Regulations (15A
NCAC 2D) and all other federal, state and local laws and regulations.
History Note: Authority G.S. 130A-294;
Eff. January 4, 1994.
15A NCAC 13B .1710 ANNUAL REPORTING
By October 1 of each year, the generators of coal combustion by-products shall submit an annual summary to the Division.
The annual summary shall be for the period July 1 through June 31 and shall include:
(1) Volume of coal combustion by-products produced;
(2) Volume of coal combustion by-products disposed;
(3) Volume of coal combustion by-products used in structural fill facilities; and
(4) Volume of coal combustion by-products used for other uses as described in Rule .1708 of this Section.
History Note: Authority G.S. 130A-294;
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Eff. January 4, 1994.
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