8801_CORR_20191219 Annual Closure LUR Letter

McGuireWoods LLP
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Phone: [phone]
Fax: [phone]
www.mcguirewoods.com
Samuel O. Lumpkin McGUIREWOODS
Direct: 704.343.2082
December 19, 2019
Via Email, Hard Copy to Follow By Certified Mail
Ed Mussler, P.E.
Permitting Branch Supervisor
Solid Waste Section, DWM
Department of Environmental Quality
1646 Mail Service Center
Raleigh, NC 27699-1646
RE: Annual Letter Report
Ecusta Mill, Ash/Brown #2 Landfill
Brevard, Transylvania County
Dear Mr. Mussler:
[e-mail]
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Land Use Restriction 21 in the Letter of Closure and Land Use Restrictions for the P.H.
Glatfelter Industrial Landfill, Ecusta Mill Site, recorded at Book 440, Page 612 of the
Transylvania County Register of Deeds office (the "Closure Letter") requires the current owner
of the property subject to the Closure Letter (the "Property") to submit a letter to the Solid Waste
Section confirming that the Closure Letter remains recorded with the Transylvania County
Register of Deeds office and that activities and conditions at the Property remain in compliance
with the Closure Letter's land use restrictions. On behalf of the current landowner of the
Property, Davidson River Village, LLC ("DRV"), I have enclosed an annual letter report for this
purpose. A hard copy of this letter and the letter report will follow.
As reflected in the letter report, DRV has confirmed compliance with the land use
restrictions where it could do so based on its own reasonable investigation and knowledge
regarding activities at the Property. DRV is not involved with and cannot reasonably investigate
the landfill Owner/Operator's closure, post -closure, or remediation activities, and thus DRV has
excluded those activities from its confirmations.
Please contact me with any questions.
Sincerely,
Sam Lumpkin
Atlanta I Austin I Baltimore I Brussels I Charlotte Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington, NC

2019 Annual Letter Report
Ash/Brown #2 Landfill
Former Ecusta Mill
Brevard, NC
Re: Letter of Closure and Land Use Restrictions for the P.H. Glatfelter Industrial Landfill,
Ecusta Mill Site, recorded at Book 440, Page 612 of the Transylvania County Register of
Deeds (the "Closure Letter")
Current Landowner: Davidson River Village, LLC
Landfill Owner/Operator: P.H. Glatfelter Com an
LUR 1: The real property shall not be developed or utilized for residential, commercial,
industrial, institutional, agricultural or recreational purposes.
X In compliance _ Out of compliance
Remarks: Davidson River Village, LLC ("DRY) makes this confirmation upon its best
information and belief after reasonable investigation. DRV has no knowledge of any violations
of this land use restriction.
LUR 2: There shall be no above- or below -ground construction or improvements on the
property, including, but not limited to, utilities, roads, parking lots and sidewalks, except for any
construction and improvements which are approved by the Solid Waste Section as part of an
approved closure, post -closure and/or remediation plan.
X In compliance
Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's (P.H. Glatfelter) closure, post -
closure, or remediation plans or any approvals it may have obtained from the Solid Waste
Section. DRV cannot reasonably investigate the landfill Owner/ erator's compliance with
such matters and thus cannot make any representations regarding its activities. Subject to that
limitation, upon its best information and belief after reasonable investigation, DRV has no
knowledge of any violations of this land use restriction.
LUR 3: No surface or subsurface native or fill earthen materials may be removed from
the property without the written permission of the Solid Waste Section or its successor in
function. There shall be no alteration, disturbance or removal of the existing soil, landscape and
contours, other than the approved erosion control measures, unless approved by the Solid Waste
Section as part of an approved closure, post -closure, or remediation plan.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure.. post -closure, or
remediation plans or any pprovals it may have obtained from the Solid Waste Section. DRV

cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of any
violations of this land use restriction.
LUR 4: The property shall not be used for animal grazing, kennels, animal shelters or
pens, riding clubs or trail rides.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 5: Hunting, fishing, and camping on the property are prohibited. Firing ranges
are prohibited.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 6: The property shall not be used for sporting activities of any kind, including, but
not limited to, golf, football, basketball, soccer, and baseball.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 7: On and off -road vehicular use on the property is prohibited, except in
connection with maintenance, monitoring, and remediation of the site as provided by this
Closure Letter and a landfill closure, post -closure and/or remediation plan which has been
approved by the Solid Waste Section.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure, post -closure, or
remediation plans or any approvals it may have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of any
violations of this land use restriction.
LUR 8: The property shall not be used for timber production or logging.
X In compliance — Out of compliance

Remarks: DRV makes this confirmation Won its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 9: The property shall not be used for mining, extraction of coal, oil, gas or any
other minerals or non -mineral substances.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 10: Any surface or underground water shall not be used for any purpose. The
installation of groundwater wells or other devices for access to groundwater for any purpose
other than monitoring groundwater quality or remediation of groundwater contamination in
accordance with a monitoring or remediation plan approved by the Solid Waste Section is
prohibited.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure, post-closureor
remediation plans or any approvals it ma have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation upon its
best information and belief after reasonable investigation, DRV has no knowledge of an
violations of this land use restriction.
LUR 11: Vehicles, mobile offices, and any other machinery or equipment shall not be
parked or stored on the property unless they are necessary to implement a closure, post -closure
and/or remediation plan approved by the Solid Waste Section.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure. post -closure, or
remediation plans or any approvals it may have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/ erator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of an
violations of this land use restriction.
LUR 12: Solid waste, junked vehicles, mobile homes, appliances and other materials,
including waste materials, recyclable materials and virgin materials, shall not be located,
disposed or stored on the property.
X In compliance — Out of compliance

Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction. However,
DRV makes no re.presentation regarding any location disposal, or stora e of the materials noted
above by the landfill Owner/Operator in connection with its activities under any closure, post -
closure and/or remediation 121an or a rovals from the Solid Waste Section pursuant to same.
LUR 13: Public access to the property shall be prevented. Gates, fences and/or any
other devices to prevent public access shall be maintained.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 14: There shall be no removal or disturbance of solid waste disposed in the
Landfill, unless specifically approved by the Solid Waste Section as part of an approved
remediation plan.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure, post -closure, or
remediation plans or any approvals it may have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of any
violations of this land use restriction.
LUR 15: Enhancement of the landfill cap is part of the approved Closure and
remediation plan. The landfill final cover shall be maintained and shall not be disturbed.
Mowing of grass by the Owner/Operator as required by this Closure Letter is allowed.
_ In compliance
Out of compliance
Remarks: DRV makes no representation regarding compliance with this land use restriction.
Maintenance of the landfill cap and the vegetative cover is the responsibility of the landfill
Owner/Operator under the Closure Letter.
LUR 16: The property may be used for any closure and post -closure care activities and
remedial investigation and remedial action activities required and approved by the Solid Waste
Section or its successor in function, including the activities required to be performed by the
Owner/Operator in accordance with Section II of this closure Letter.
In compliance — Out of compliance

Remarks: DRV makes no representation regarding this land use restriction. Closure andpost-
closure care activities and remedial investigation and remedial_ action activities are the
responsibility of the landfill Owner/Operator under the Closure Letter.
LUR 17: Activities necessary to maintain the security of the Site, prevent human
exposure to contaminated materials and water, to prevent erosion at the Site and to maintain the
structural stability of the landfill are permitted, if approved in writing in advance by the Solid
Waste Section or its successor in function.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure, post -closure. or
remediation plans or any approvals it ma have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of an
violations of this land use restriction.
LUR 18: All other uses and activities at the property are prohibited.
X In compliance _ Out of compliance
Remarks: DRV is not a party to the landfill Owner/Operator's closure, post -closure, or
remediation plans or any approvals it may have obtained from the Solid Waste Section. DRV
cannot reasonably investigate the landfill Owner/Operator's compliance with such matters and
thus cannot make any representations regarding its activities. Subject to that limitation, upon its
best information and belief after reasonable investigation, DRV has no knowledge of an
violations of this land use restriction.
LUR 19: Ecusta Real Estate 1, LLC and each successive owner of record and lessee of
the property shall protect access to the property for purposes of all closure, post -closure,
investigation and remediation activities, as approved by the Solid Waste Section, to be
performed by P.H. Glatfelter Company. Ecusta Real Estate 1, LLC, and each successive owner
and lessee of the property shall grant the Division of Waste Management or its successor in
function access to the property upon request for inspections and monitoring, including but not
limited to, sampling of groundwater and surface water.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
LUR 20: Ecusta Real Estate 1, LLC and each successive owner of record and lessee of
the property shall allow access to the property by any person who is conducting closure and post -
closure activities, environmental assessment activities, or remediation activities at the direction
of, or pursuant to a permit or order issued by, the Division of Waste Management, or its

successor in function. Ecusta Real Estate 1, LLC and each successive owner of record and lessee
of the property shall allow access to the property by any person who is involved in determining
compliance with applicable land use restrictions, for the purpose of conducting such activities.
X In compliance _ Out of compliance
Remarks: DRV makes this confirmation upon its best information and belief after reasonable
investigation. DRV has no knowledge of any violations of this land use restriction.
DRV also confirms that, to the best of its knowledge and belief after reasonable investigation,
the Closure Letter remains recorded at the Transylvania County Register of Deeds office.
Date:
Davidson River Village, LLC
By: Brownfield Development I LLC, its sole member
By:
--� ,I—, K7 t%61 FMB
Authorized Person
STATE OF O v.erS
m o le'e l .S CO)_ NTY
I, A4, 9-i i ,4- /�-. �)4 S, / VA a Notary Public of the county and state aforesaid, certify that
e, , 9 ,?/-erS personally came before me this day and acknowledged that he is an
Authorized Person of Brownfield Development I LLC, the sole member of Davidson River
Village, LLC, a Delaware limited liability company, and that by authority duly given and as an
act of the company, the foregoing Annual Letter Report was signed in its name by him.
WITNESS my hand and official stamp or seal, this "6 day of a2cP ,b e� , 2019.
a-A0,
Name typed or printed:
Notary Public
My Commission Expires: UA6��
[Stamp/Seal]
MARIA A DASILVA
["Notary Public, State Of New Jersey
My Commission Expires
March 22, 2023
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