01003_Carolina Production Finishing_105 Fairview Rd_ NI for Amendment_PC Ready-combined

NOTICE OF INTENT TO AMEND
NOTICE of BROWNFIELDS PROPERTY and BROWNFIELDS AGREEMENT
Site Name: Carolina Production Finishing
Brownfields Project Number: 01003-97-011
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. This Notice of Intent to
Amend a Notice of Brownfields Property (Notice) and Brownfields Agreement (Agreement) has been
approved by the North Carolina Department of Environmental Quality ("DEQ") and by the party who
desires to amend the Notice and the Agreement (the current owner of the Brownfields Property). The
Notice of Intent provides, a proposed Amendment to Notice of Brownfields Property and Brownfields
Agreement (Amendment), which in turn includes a description of the proposed changes to the Notice and
to the Agreement, a description of the contaminants involved and their concentrations in the media of the
Brownfields Property, a legal description of the location of the brownfields property, a description of the
current and possible future use of the Brownfields Property, and a survey plat of the Brownfields Property.
The party who desires to amend the Notice and the Agreement (the current owner of the Brownfields
Property) must provide a copy of this Notice of Intent to all local governments having jurisdiction over the
Brownfields Property. The proposed Amendment is attached hereto and contains the other required
elements of this Notice of Intent. Written public comments may be submitted to DEQ within 30 days after
the latest of the following dates: the date the required summary of this Notice of Intent is (1) published in
a newspaper of general circulation serving the area in which the Brownfields Property is located, (2)
conspicuously posted at the Brownfields Property, and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written requests for a public meeting may be submitted to DEQ
within 21 days after the period for written public comments begins. Those periods will start no sooner
than August 5, 2021, and will end on the later of. a) 30 and 21 days, respectively, after that; or b) 30 and
21 days, respectively, after completion of the latest of the three (3) above -referenced dates. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
01003-97-011/ Carolina Production Finishing (PC ready 8-2-2021)
1

SUMMARY OF NOTICE OF INTENT TO AMEND A
NOTICE OF BROWNFIELDS PROPERTY
And
BROWNFIELDS AGREEMENT
Site Name: Carolina Production Finishing
Brownfields Project Number: 01003-97-011
Pursuant to NCGS § 130A-310.34, East West Fairview, LLC, as the Property Owner, has filed with the
North Carolina Department of Environmental Quality ("DEQ") a written request that the Notice of Brownfields
Property, recorded on October 27, 2005, in Book 4128, Pages 89-116 of the Buncombe County Registry
("Notice") pursuant to the Brownfields Property Reuse Act, N.C. Gen. Stat. §§ 130A-310.30, et. seq. (the "Act"),
and the Brownfields Agreement between DEQ and the original Prospective Developer, attached to said Notice
as its Exhibit A ("Agreement"), be amended to add high density residential, retail, hotel, amenity space, open
space, restaurant, warehousing, office, industrial, parking, and, subject to DEQ's prior written approval, other
commercial uses, as DEQ-approved uses. The Notice and Agreement concern the redevelopment of a Brownfields
Property ("Property") containing 7.364 acres, located at 105 Fairview Road, Asheville, Buncombe County, North
Carolina. Based on the results of environmental assessment conducted at the Property, the proposal to add the
aforementioned uses is acceptable to DEQ. In turn, DEQ has proposed to the owner of the Property that the Notice
and the Agreement be modified in order that both documents reflect the improved technical understanding (since
the time of the original agreement recordation on October 27, 2005) of the risks potentially posed by contaminants
known to exist at the Property and how to effectively mitigate such risks to ensure that the Property is fully
protective of public health and the environment. The proposed modifications are acceptable to the owner of the
Property. An Amendment to Notice of Brownfields Property and to Brownfields Agreement ("Amendment")
has been prepared and is acceptable to DEQ and to the owner of the Property. Environmental contamination exists
on the Brownfields Property in groundwater, soil, and surface water. DEQ has determined that the Amendment
and a revised Survey Plat of the Property must be publicly noticed. The full Notice of Intent to Amend the Notice
of Brownfields Property and Brownfields Agreement includes: (1) a proposed Amendment between DEQ and
the owner of the Property, which in turn includes (a) a description of the proposed changes to the Notice and to
the Agreement, (b) a description of the contaminants involved and their concentrations in the media of the
Brownfields Property, (c) a legal description of the location of the brownfields property, and (d) a description of
the current and possible future use of the Brownfields Property; and (2) a proposed revised Survey Plat prepared
in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Amend the Notice of Brownfields Property and Brownfields Agreement may
be reviewed online at the DEQ public record database, Laserfiche, by entering the project number 01003-97-011
into the search bar at the following web address:
https:Hedocs.deq.nc.,gov/WasteMana,gement/Welcome.aspx?dbid=0&repo=WasteMana eg ment
Written public comments may be submitted to DEQ within 30 days after the latest of the following dates:
the date this Summary Notice of Intent is (1) published in a newspaper of general circulation serving the area in
which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed
or delivered to each owner of property contiguous to the Brownfields Property. Written requests for a public
meeting may be submitted to DEQ within 21 days after the period for written public comments begins. Those
periods will start no sooner than August 5, 2021, and will end on the later of. a) 30 and 21 days, respectively,
after that; or b) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced dates.
All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
01003-97-011 /Carolina Production Finishing (PC ready 8-2-2021)

Prepared by NCDEQ. Return to:
Mr. Brian H. Nelson
East West Fairview, LLC
28 Schenck Pkwy Ste 200 Bldg 2B
Asheville, NC 28803-5088
Amendment recorded in Book , Page
Associated Amended Survey Plat recorded in Plat Book , Page
AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY
AND TO BROWNFIELDS AGREEMENT
Site Name: Carolina Production Finishing
Brownfields Project Number: 01003-97-011
This AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND
BROWNFIELDS AGREEMENT ("Amendment"), is entered into effective as of the day of
, 2021 by the North Carolina Department Environmental Quality ("DEQ" and
successor in function to the North Carolina Department of Environment and Natural Resources,
"DENR") and East West Fairview, LLC. ("Property Owner"), the owner of the Brownfields
Property. Capitalized terms used in this Amendment and not defined herein shall have the
meanings assigned to such terms in the Notice of Brownfields Property or Brownfields
Agreement, as applicable.
WHEREAS, on October 27, 2005, a Notice of Brownfields Property was recorded in
Book 4128, Pages 89-116, and the associated Brownfields Property Survey Plat recorded in Plat
Book 113, Page 91, at the Buncombe County Register of Deeds (the "Notice") pursuant to the
Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. seq. (the "Act"). A
Brownfields Agreement between DEQ and Prospective Developer (the "Brownfields
1
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC package

Agreement") was attached to and recorded with the Notice as Exhibit A, the Brownfields
Property Survey Plat was attached to the Notice as Exhibit B ("Plat") and a Legal Description of
the Brownfields Property was attached to the Notice as Exhibit C; and whereby use of the
Property was restricted to warehousing, office, and/or light manufacturing.
WHEREAS, the Property Owner has requested in writing that the Notice and the
Agreement be amended to delete light manufacturing from the list of DEQ-approved uses, and to
add high density residential, retail, hotel, amenity space, open space, restaurant, warehousing,
office, industrial, parking, and, subject to DEQ's prior written approval, other commercial uses,
as DEQ-approved uses at this property;
WHEREAS, the Property Owner has established through environmental sampling and
risk assessment conducted through the North Carolina Brownfields Program that high density
residential, retail, hotel, amenity space, open space, restaurant, warehousing, office, industrial,
parking, and, subject to DEQ's prior written approval, other commercial uses are acceptable to
DEQ;
WHEREAS, DEQ has agreed that the Notice and the Brownfields Agreement be so
amended, and the undersigned has been delegated the authority by the Secretary of DEQ to
execute this Amendment;
WHEREAS, DEQ seeks to otherwise modify the Notice and the Brownfields
Agreement in order that both documents reflect the improved technical understanding of the
risks potentially posed by contaminants known to exist at the Property and how to effectively
mitigate such risks; and
WHEREAS, the Brownfields Property subject to this Amendment shall be the parcel
associated with Buncombe County PIN Number 964799035900000, which is more specifically
defined in the Special Warranty Deed by which Property Owner became the owner of said
parcel, and which deed is recorded in Book 5595, Page 1216 at the Buncombe County Register
of Deeds;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth below, the receipt and sufficiency of which are hereby acknowledged by the parties hereto,
the parties hereto represent to each other and agree as follows:
The Notice, the Brownfields Agreement, and Exhibit A to the Notice recorded in Book 4128,
Pages 89-116, and the associated survey plat recorded in Plat Book 113, Page 91, at the
Buncombe County Register of Deeds are hereby amended as follows:
For the purposes of this Amendment the term "Recorded Brownfields Documents"
shall mean all of the following documents in their entirety:
a. The Notice of Brownfields Property was recorded in Book 4128, Pages 89-
116at the Buncombe County Register of Deeds (the "Notice") pursuant to the
2
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. seq. (the
"Act"
b. a Brownfields Agreement between DEQ and Prospective Developer (the
"Brownfields Agreement") was attached to the Notice as Exhibit A;
c. a Brownfields Property Survey Plat recorded in Plat Book 113, Page 91, at
the Buncombe County Register of Deeds and was attached to the Notice as
Exhibit B ("Plat"); and,
d. a Legal Description that was attached to the Notice as Exhibit C;
2. Any references to land uses or limitations on allowable uses of land in the aforementioned
Recorded Brownfields Documents are hereby deleted and replaced with the following land
use restriction which shall run with the land: "No use may be made of the Brownfields
Property other than for high density residential, retail, office, hotel, warehousing,
recreational, amenity space, open space, parking, restaurant, industrial, and, subject to DEQ's
prior written approval, other commercial uses."
3. Any references to contaminants or contaminant table(s) information in the aforementioned
Recorded Brownfields Documents is hereby deleted and replaced with Exhibit 2 attached
hereto.
4. Any references to the original Preamble and numbered Land Use Restrictions in the
Recorded Brownfields Documents are deleted in their entirety and amended as follows:
"NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current
and future use of the Brownfields Property that are necessary or useful to maintain the level of
protection appropriate for the designated current or future use of the Brownfields Property and
that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function. The
restrictions are hereby imposed on the Brownfields Property:
1. No use may be made of the Brownfields Property other than for high density
residential, retail, hotel, amenity space, open space, restaurant, warehousing, office, industrial,
parking, and, subject to DEQ's prior written approval, other commercial uses. For purposes of
this restriction, the following definitions apply:
a. "High Density Residential" defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. "Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance"
3
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

b. "Retail" defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
C. "Hotel" defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
d. "Recreational" defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports -related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas
e. "Restaurant" defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
f. "Amenity Space" defined as a hardscaped and landscaped courtyard,
swimming pool, pool deck, courtyard, dog run, community gardens, fire pit, grilling station,
seating areas, and a common use interior clubhouse.
g. "Open Space" defined as land maintained in a natural or landscaped state
and used for natural resource protection, buffers, greenways, detention facilities for stormwater.
h. "Industrial" defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
i. "Office" defined as the provision of business or professional services.
I "Commercial" defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
k. "Parking" defined as the temporary accommodation of motor vehicles in
an area designed for same.
1. "Warehousing" defined as the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
2. Unless compliance with this Land Use Restriction is waived in writing by DEQ in
advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on the
Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DEQ deems necessary to
ensure the Brownfields Property will be suitable for the uses specified in subparagraph La above
while fully protecting public health and the environment. Prior sampling and analysis of
groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and
submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized
for the Brownfields Property, the groundwater -related activities proposed may only occur in
compliance with any written conditions DEQ imposes. Activities may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for
the uses specified in subparagraph 1. a above while fully protecting public health and the
environment.
4
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

3. No activity that disturbs soil on the Brownfields Property, may occur unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in subparagraph La., above while fully protecting public health
and the environment, except:
a. in connection with landscape planting to depths not exceeding 24 inches;
b. mowing and pruning of above -ground vegetation;
c. for repair of underground infrastructure, provided that DEQ shall be given
written notice at least seven days in advance of a scheduled repair (if only by email) of any such
repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken and;
d. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 4.
4. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan (`EMP") approved in
writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 to
the Brownfields Agreement;
c. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
5. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that the
final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner
of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
a. actions taken on the Brownfields Property in accordance with the Work to be
Performed Section of the Brownfields Agreement;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
d. stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater or other materials suspected or
confirmed to be contaminated with regulated substances; and
5
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

e. removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
6. No residential use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property on the plat component of the Notice, pursuant to a plan approved in
writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete
parking areas and driveways.
7. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined above.
8. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property, may be occupied until DEQ determines in writing that:
a. the building is or would be protective of the building's users, public health and
the environment from risk of vapor intrusion based on site assessment data or a site -specific risk
assessment approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ
that the building's users, public health and the environment will be protected from risk from
vapor intrusion related to said contamination; or
c. vapor intrusion mitigation measures are designed, installed, and implemented in
a manner that will fully protect public health to the satisfaction of a professional engineer
licensed in North Carolina, as evidenced by said engineer's professional seal on a report that
includes photographs and a description of the installation and performance of said measures, and
to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design
specifications shall include methodology(ies) for demonstrating performance of said measures.
9. Surface water at the Brownfields Property may not be used for any purpose, other
than in connection with legally compliant storm water collection and reuse techniques, without
the prior written approval of DEQ.
10. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 and as modified by DEQ in writing if additional
contaminants in excess of applicable standards are discovered at the Brownfields Property, may
be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids in vehicles;
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

iii. as constituents of products and materials customarily used and stored in high
density residential, retail, hotel, amenity space, open space, restaurant, warehousing, office,
industrial, and parking, environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws.
11. Unless compliance with this Land Use Restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on
the Brownfields Property depicted on the plat component of the Notice shall be in accordance
with applicable legal requirements, including without limitation those related to lead and
asbestos abatement that are administered by the Health Hazards Control Unit within the Division
of Public Health of the North Carolina Department of Health and Human Services.
12. Neither DEQ, nor any party conducting environmental assessment or remediation at
the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
13. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Buncombe County land records,
Book , Page ." A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every lease and rider is identical in form, the owner conveying an interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of
said leases, to the persons listed in Section XV.
14. During January of each year after the year in which the Notice is recorded, the owner
of any part of the Brownfields Property as of January 1 st of that year shall submit a notarized
Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and
environmental officials of Buncombe County, certifying that, as of said January 1 st, the Notice
of Brownfields Property containing these land use restrictions remains recorded at the Buncombe
County Register of Deeds office and that the land use restrictions are being complied with. The
submitted LURU shall state the following:
a. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or board or association submitting the LURU if said owner
acquired any part of the Brownfields Property during the previous calendar year;
b. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner transferred any part of the Brownfields Property
during the previous calendar year
7
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

c. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 8 above are performing as designed, and whether the uses of the ground floors of
any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so,
how.
d. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as
for each of the owners on whose behalf the joint LURU is submitted.
e. LURU's submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
£ A property owners' association or other entity may perform this LURU's duties,
on behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers,
and e-mail address of each owner on whose behalf the LURU is proposed to be submitted."
The Brownfields Agreement, attached to the Notice as Exhibit A and recorded with the Notice
in Book 4128, Pages 89-116, is hereby amended as follows:
1. Add the following to paragraph 3 as new subparagraph 3.g:
"In accordance with a Brownfields approved work plan, the Property Owner commissioned
additional assessment work including the Brownfields Assessment Report completed by The
EI Group, Inc., dated July 25, 2018. The work included the installation of ten (10) soil
borings and the collection and laboratory analysis of ten (10) soil samples, the installation of
six (6) temporary monitoring wells and the collection and laboratory analysis of six (6)
groundwater samples, and the collection and laboratory sampling of three (3) sub -slab soil
gas samples. Metals and volatile organic compounds in soil and groundwater were identified
above their applicable screening levels, the detections for which are included in Exhibit 2.";
2. In the first sentence of paragraph 4 of the Agreement, "3.b. — 3.f." shall be revised to "3.b. —
g. ,
3. Delete the information provided under "for DENR:" in subparagraph 26.a. of the NOTICES
AND SUBMISSIONS section and insert the following:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646"
All other components of the Notice, Survey Plat, Legal Description and Brownfields Agreement
remain unaltered and in full force and effect for the Brownfields Property.
Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Amendment shall be recorded in the
Buncombe County Registry and indexed on the grantor index in the name of the Property Owner,
8
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

and on the grantee index in the name "Secretary of Environmental Quality." Also pursuant to
N.C. Gen. Stat. § 130A-310.35(e), if practicable, a marginal entry shall be made on the Notice
showing the date of amendment and the book and page where this Amendment is recorded.
The undersigned has been delegated the authority by the Secretary of DEQ to execute this
Amendment.
[signatures on following page]
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day
and year first above written.
DEQ:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Name: Michael E. Scott
Title: Director, Division of Waste Management
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document:
Date: , 2021
(Official Seal)
Official Signature of Notary
Printed Name of Notary Public
[signatures continue on following page]
10
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day
and year first above written.
PROPERTY OWNER:
East West Fairview, LLC
A North Carolina limited liability company
Brian H. Nelson.
Managing Member of East West Fairview, LLC
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document:
Date: 2021
(Official Seal)
Official Signature of Notary
Printed Name of Notary Public
11
01003-97-11 Carolina Production Finishing (Amendment 8-2-2021)_PC Package

Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on February 16, 2018. The following tables set forth, for contaminants present
at the Property above unrestricted use standards or screening levels, the maximum concentration
found at each sample location, and the applicable standard or screening level. Screening levels
and groundwater and surface water standards are shown for reference only and are not set forth
as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard /L
Standard
(µg/L)
Chloromethane
GW-2
2/16/2018
4.3
3
GW-4
2/16/2018
4.6
GW-1
2/16/2018
4.7
Chromium
GP-3
6/6/1999
10*
10
B-2
6/13HI997
64*
Lead
B-2
6/13HI997
23
15
GW-4
2/16/2018
53.8
Mercury
B-2
6/13HI997
1.6
1
1-Methylnaphthalene
GW-5
2/16/2018
36.8 J
1**
2-Methylnaphthalene
GW-5
2/16/2018
47.7
30
Naphthalene
GW-5
2/16/2018
10
6
GW-5
2/16/2018
11.4
Tetrachloroethylene
GW-4
2/16/2018
1.2
0.7
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2 NS — Screening level or regulatory not established.
*Chromium values for these site groundwater samples, were not speciated for hexavalent chromium and
are compared to the chromium 2L standard (10 ug/L)
** If there was no established 2L Standard and the reported concentration exceeded the respective Interim
Maximum Allowable Concentration (IMACs) (April 6, 2018 version) then the IMAC was used in place
of the 2L Standard
BP#01003-97-01 1 /Carolina Production Finishing/PC ready

J — Estimated value between method detection limit and reporting limit
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
July 2020 version):
Groundwater
Concentration
Residential
Non -
Contaminant with
Date of
Exceeding
VI Screening
Residential
Potential for
Sample Location
Sampling
Screening
Level 1
VI Screening
Vapor Intrusion
Levels
Level (µg/L)
(µg/L)
�
Mercury
B-2
I 6/13HI997
1 1.6
1 0.18
1 0.75
Chloroform
I B-2
1 6/13/1997
1 16.4
1 8.1
1 36
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
J — Estimated value between method detection limit and reporting limit
BP#01003-97-011/Carolina Production Finishing/PC ready
2

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2020 version):
Arsenic
B-1/S-2
5-7
6/12/1997
7.2
0.68
B-2/S-1
0-2
6/12/1997
1.63
B-3/S-3
8-10
6/12/1997
26.6
B-4/S-2
3-5
6/13/1997
2.83
BGS-12
0-5
1/26/2018
2.2
GP-10
0-5
1/25/2018
1.5
GP-11
0-5
1/25/2018
2.6 J
5-36
Surficial4
5/18/1988
9.8
5-46
Surficial4
5/18/1988
2.5
SS-3
Less than 1 ft
6/6/1999
0.82
SS-4
Less than 1 ft
6/6/1999
0.90
Chloroform
B-2/S-2
3-5
6/13/1997
16.4 J
0.34
B-1/S-2
5-7
6/12/1997
30.8
B-2/S-1
0-2
6/12/1997
356
B-3/S-3
8-10
6/12/1997
47.7
B-4/S-2
3-5
6/13/1997
13.9
Total
Chromium
BGS-12
0-5
1/26/2018
43.1
0.315
DSS-13
Less than 1 ft
6/16/1999
11
GP-106
0-5
1/25/2018
25.4
GP- 116
0-5
1/25/2018
25.7
5-12
Surficial4
5/18/1988
24
5-26
Surficial4
5/18/1988
170
5-36
Surficial4
5/18/1988
140
5-46
Surficial4
5/18/1988
200
SS-1
Less than 1 ft
6/6/1999
15
SS-2
Less than 1 ft
6/6/1999
11
SS-3
Less than 1 ft
6/6/1999
12
SS-4
Less than 1 ft
6/6/1999
14
Cyanide
5-26
Surficial4
5/18/1988
15
4.7
5-46
Surficial4
5/18/1988
11
Naphthalene
B-5/S-3
8-10
6/13/1997
4.44
4.1
B-5/S-3
8-10
6/13/1997
7.27
Nickel
B-2/S-I
0-2
6/12/1997
397
310
Thallium
B-I/S-2
5-7
6/12/1997
0.43
0.16
B-2/S-1
0-2
6/12/1997
0.173
B-3/S-3
8-10
6/12/1997
0.613
BP#01003-97-011/Carolina Production Finishing/PC ready

'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
'These soil samples were identified in respective reports as background soil samples
'Drainage Swale Sample (DSS) is a sediment sample
'The sample depth was described as "surficial" in the report. No discrete sample depth was provided in
the report.
s Total chromium values for site soil samples, although not speciated for hexavalent chromium, are
compared to the residential screening level for hexavalent chromium (0.31 mg/kg). Soil samples GP-10
and GP-11 were the only samples analyzed for hexavalent chromium. Subsequent laboratory analysis for
these soil samples indicate hexavalent chromium was not detected above the reporting limits: 5.7 and 5.4
mg/kg, respectively. These reporting limit concentrations (5.7 and 5.4 mg/kg) exceed the respective
residential screening level of .31 mg/kg; therefore, the total chromium detections for GP-10 and GP-11
are listed above.
6 Composite soil samples
J — Estimated value between method detection limit and reporting limit
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (November 1, 2019 version):
Surface Water
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard
(gg/L)
Standard
(µg/L)
Arsenic
LWWTP4
6/13/1997
6
10 t
Chromium
LWWTP4
6/13/1997
72
NE
6/ 16/ 1999
7.3
Cyanide
OF-13
2/20/2001
3
42
SW-16
6/16/1999
11
Lead
LWWTP4
6/13/1997
9
NE
Small WW Ponds
6/13/1997
2
Mercury
Small WW Ponds
6/13/1997
8
0.0121 t
LWWTP4
6/13/1997
33
25 t
Nickel
Small Waste Water Ponds
6/13/1997
25
25 t
Zinc
LWWTP4
6/13/1997
131
NE
Small WW Ponds
6/13/1997
98
' Title 15A of the North Carolina Administrative Code, Subchapter 2B, Aquatic Life & Secondary
Recreation Class C Freshwater
2 EPA National Recommended Water Quality Criteria for Aquatic Life & Human Health, Freshwater,
Class WS (I-V) Water Supply
BP#01003-97-01 1 /Carolina Production Finishing/PC ready
4

3 OF-1 is a stormwater drainage swale surface water sample collected from the primary stormwater inlet.
At the time of the sample event, storm water flowed to the inlet from paved and graveled parking areas
and grassed portions of the subject property. The water then flowed through a culvert to an
offsite location south of the subject property. Sediment samples were collected from this location and
submitted for laboratory analysis; subsequent detections of toluene and cyanide were detected at
concentrations below the residential soil screening levels.
a The large waste water treatment pond (LWWTP) was part of the wastewater treatment system located
near the southwest comer at the rear of the main building
s The small wastewater (WW) pond was a small holding pond containing water and was located on the
northwest side of the bulk above ground storage tanks.
(t) Based upon measurement of total recoverable metal. See 15A NCAC 02B .0211 for more information.
6 Stormwater (SW) sample
NE -No established standard
J — Estimated value between method detection limit and reporting limit
BP#01003-97-01 1 /Carolina Production Finishing/PC ready

BP#01003-97-01 1 /Carolina Production Finishing/PC ready

LINE TABLE
LINE
BEARING
DISTANCE
L 1
S 77°29'02" E
70.53'
L2
5 65°53'02" E
50.00'
L3
N 08°09'02" W
12, 16'
L4
N O5°27'58" E
10.00'
L5
5 75°33'02" E
277.1 7'
LG
5 78°02'02" E
9.65'
L7
5 78°O 1 '02" E
20.60
LS
S 60°32'02" E
99.54'
L9
S 62°36'02" E
26.5C
L I O
S 48°45'02" E
11.36
L I I
5 76°50'02" E
50.00'
L 12
5 89°2715" E
62.03'
L 13
5 26°005 I " W
33.28'
L 14
5 19°28'38" W
6.74'
N 68° 14'50" W 75. 1 G' (T)
03/4" IRON PIPE,
FL.
w
14 w
/ I �X
FAIRVIEW ROAD
(PUBLIC - ASPHALT)
MAINTAINED BY
CITY OF ASHEVILLE
/3,g /
C'Sw Z r dy
G
. �8 J ��
As
U
W" MARK CHISELED
`h
r4?98 ��
AS
°
ryG
IN SIDEWALK
"MAG" NAIL
\
a
\
13
SPC REAL ESTATE, LLC
�cp
'3PIN:
9647-89-1 795
0.2% ANNUAL CHANCE
S
DB 5556 Pg 742
FLOOD HAZARD LINE
p
(SEE NOTE # 1)
����2
N 60°58' 19" W 13 1, 51 '
h
#5 REBAR, FL.
SURVEY NOTES:
1
N 5 I °51 '09" W 158.31 '
1 A PORTION OF THIS PROPERTY IS LOCATED WITHIN THE 0.2% ANNUAL
)
CMU/S.BLOCK
EASE. REC'D IN DB 5357 Pg 903
APPLIES TO THIS LINE d
ASSOCIATED POLES
9 — '
S
O
A
A
h
o h
F 9
G !\
\ T
�S�O�-� o'PiLF
CHANCE FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL PET. WALL °�G 110,
S <�
EMERGENCY MANAGEMENT AGENCY PEP F.1,R.M.#3700964700J, DATED �y o
1106120 1 O. THE REMAINDER OF THE PROPERTY IS LOCATED IN ZONE 'X" / � ,
e
R R
(MINIMAL RISK). THE LIMITS OF THE 0.2% ANNUAL CHANCE FLOOD HAZARD Oy Ts �R
AREA ARE SHOWN HEREON PER DIGITAL FIRM DATA. RBS S0 s
2) PROPERTY SUBJECT TO ALL RIGHTS -OF -WAY AND EASEMENTS OF (PERPETUATING LOCATION �T�a
RECORD, INCLUDING, BUT NOT LIMITED TO, THOSE SHOWN HEREON. OF HEAVILY DISTURBED fl73/4"IRON o
PIPE FOUND, +/- 1.28' FROM RBS) ��
11
3) BUILDINGS, SURFACE AND SUBSURFACE IMPROVEMENTS ADJACENT TO
0/5" VCP-_,,_//
THE SITE ARE NOT NECESSARILY SHOWN. SUBSURFACE AND
ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR CONSIDERED AS
PART OF THIS SURVEY. NO EVIDENCE OR STATEMENT IS MADE
APPX DIR.
CONCERNING THE EXISTENCE OF UNDERGROUND CONDITIONS, CONTAINERS,
(UNABLE TO VERIFY
OR FACILITIES THAT MAY AFFECT THE USE OR DEVELOPMENT OF THIS
OTHER
LOCATION END
D OF PIPE)
PROPERTY.
4) AREA BY COORDINATE COMPUTATION.
LEGEND 8 ABBREVIATIONS
5) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES AND ARE US
SURVEY FEET MEASUREMENTS. THE COMBINED GRID FACTOR FOR THIS
PB= PLAT BOOK
SURVEY 15 0,99979505,
DB= DEED BOOK
PG= PAGE
6 A RECORDED RIGHT OF WAY WIDTH OVER FAIRVIEW ROAD WAS NOT
)
RN✓= RIGHT OF WAY
RECOVERED BY THE SURVEYOR. IT IS ADVISED THAT A CITY OF ASHEVILLE
PIN= PARCEL IDENTIFICATION NUMBER
MAINTENANCE LIMITS BASED RIGHT OF WAY LIKELY APPLIES TO THI5 ROAD.
A MAINTENANCE LIMITS RIGHT OF WAY 15 GENERALLY CONSIDERED TO BE
OCALCULATED POINT
DITCH LINE TO ROAD SHOULDER AND IS MORE SPECIFICALLY DEFINED AS
(NOT MARKED IN FIELD)
THE AREA REQUIRED FOR MAINTENANCE OF THE ROADWAY.
RECOVERED BOUNDARY MONUMENT
NOTES REGARDING THE RIGHT OF WAY OVER FAIRVIEW ROAD
(SIZE AND TYPE AS NOTED)
- PLAT BOOK 20 PAGE 122 APPEARS TO ILLUSTRATE A RIGHT OF
BOUNDARY MONUMENT SET BY MCABEE
WAY WIDTH OVER FAIRVIEW ROAD; HOWEVER THIS RIGHT OF
(SIZE AND TYPE AS NOTED)
WAY IS NOT DIMENSIONED, AND FURTHER, THE SAID ROAD WAS
RE -ALIGNED / STRAIGHTENED AT SOME POINT AFTER THE
BOUNDARY LINE (FIELD SURVEYED)
PLATTING OF BOOK 20 PAGE 122.
— BOUNDARY LINE (COMPOSITE, PLOTTED
- THE EXHIBITS INCLUDED AS A PART OF THE SIDEWALK EASEMENT
FROM RECORD DESCRIPTIONS)
CONVEYANCE TO THE CITY OF ASHEVILLE (RECORDED IN DEED
A.G. = ABOVE ADJACENT GRADE
BOOK 4197 PAGE 540) DO NOT INDICATE A FORMAL RIGHT OF
APPX. = APPROXIMATE
WAY WIDTH. THIS FURTHER CONFIRMS A MAINTENANCE LIMITS
`AREA LIGHT
BASED RIGHT OF WAY LIKELY APPLIES TO THIS ROADWAY.
O BOLLARD
7) THE 200' TOTAL WIDTH (100'/ SIDE) NORFOLK SOUTHERN RAILROAD
C*G= CONCRETE CURB AND GUTTER
RIGHT OF WAY SHOWN HEREON IS INDICATED PER THE WIDTH SHOWN AND
J®� CATCH BASIN
DIMENSIONED ON THE FOLLOWING PLATS: BOOK 20 PAGE 122, BOOK 85
OO CLEAN -OUT
PAGE 109 4 BOOK 113 PAGE 91, THIS 1E FURTHER CONFIRMED PER
CMU= CONCRETE MASONRY UNIT
CHARTER OF THE WESTERN NORTH CAROLINA RAILROAD COMPANY FOUND
CONC, = CONCRETE
IN PUBLIC LAWS OF THE STATE OF NORTH CAROLINA, SESSION OF
COV. = COVERED
1854- 1555, CHAPTER 225, SECTION 29, BY PRESUMED GRANT IN THE
CSW= CONCRETE SIDEWALK
ABSENCE OF A CONTRACT, AS DESCRIBED THEREIN.
Li CURB INLET
8) THERE EXISTS A DEED GAP AREA ALONG A PORTION OF THE NORTHERN
DIR. = DIRECTION
LINE OF THE SUBJECT PROPERTY (AS SHOWN). IT IS THE SURVEYOR'S
EASE. = EASEMENT
OPINION THAT THIS GAP AREA IS THE RESULT OF AN ERRONEOUS RECORD
EC= EDGE OF CONCRETE
BEARING CALLING ON THIS LINE. THIS I5 SUBSTANTIATED BY THE
rf FH= FIRE HYDRANT
FOLLOWING FINDINGS AND FACTS:
F/L= FENCE LINE (TYPE AS NOTED)
- THE RECORD DISTANCE CALLING OF THIS LINE (561.48) FALLS IN
FL. = FLUSH WITH ADJACENT
THE CENTER OF THE RAILROAD WHEN THE SAID BEARING IS
GA5 * GAS LINE
CORRECTED AND CORRELATED TO THE EXISTING RECORD
O GM= GAS SERVICE METER
MONUMENT LOCATED AT THE TERMINUS OF THE 14th CALL OF
0 GTE= GAS TEST STATION
THE RECORD DESCRIPTION (AS NOTED HEREON).
(- GUY WIRE
HOPE= HIGH DENSITY POLY. PIPE
- THE RECORD BEARING, WHEN USED WITH THE RECORD DISTANCE,
®HVAC UNIT
DOES NOT TERMINATE AT THE CENTER OF THE RAILROAD (AS
SHOWN). THE CENTER OF THE RAILROAD IS CALLED FOR AS THE
H.W. = HEADWALL
TERMINUS OF THIS LINE IN THE RECORD DESCRIPTION.
o"u OVERHEAD UTILITY LINE
P05= POINT OF BEGINNING
- THE SURVEYED BOUNDARIES OF THE SUBJECT PROPERTY SHOWN IN
PVC= POLYVINYL CHLORIDE PIPE
PLAT BOOK 1 13 PAGE 91 AND PLAT BOOK 85 PAGE 109 ALSO
RBS= #4 REBAR WITH "MCABEE" 10 CAP SET
INDICATE THE SAID RECORD BEARING AS BEING IN ERROR.
RCP= REINFORCED CONCRETE PIPE
9) THE BOUNDARY SURVEY SHOWN AND REPRESENTED HEREON IS BASED
REC'D= RECORDED
UPON THE FIELD SURVEY PERFORMED BY MCABEE * ASSOCIATES, PA, SAID
RET. = RETAINING WALL
SURVEY BEING DATED 8/08/2017. A CURRENT CONDITIONS FIELD UPDATE/
S.BLOCK= SEGMENTAL BLOCK
VERIFICATION SURVEY HAS NOT BEEN PERFORMED AS PART OF THI5 PLAT
s SANITARY SEWER LINE
PREPARATION AND I5 NOT REFLECTED OR INTENDED TO BE IMPLIED
&S SANITARY SEWER MANHOLE
HEREON.
- SIGN
3MN-9= SURVEY MARKER NAIL SET
10) THE SUBJECT PROPERTY IS ZONED "URBAN VILLAGE - UV" PER THE CITY
D STORM DRAINAGE MANHOLE
OF ASHEVILLE UNIFIED DEVELOPMENT ORDINANCE. REFER TO THIS
ORDINANCE FOR REGULATIONS APPLICABLE TO THE SUBJECT PROPERTY.
STORM DRAINAGE PIPE
(T)= TOTAL DISTANCE
1 I) THE SAMPLE SITE LOCATIONS SHOWN HEREON WERE NOT FIELD
TERM. = TERMINUS
SURVEYED. THEY HAVE BEEN SHOWN HEREON PER THE SCALING OF THE
UDO= UNIFIED DEVELOPMENT ORDINANCE
FOLLOWING SOURCES:
X UTILITY PAINT MARKING / SIGN MARKER
- PREVIOUS 13ROWNFIELDS PLAT RECORDED PLAT BOOK 1 13 PAGE 91
/0 UTILITY POLE
- SAMPLE SITE LOCATION PLAN INCLUDED AS A PART OF THE
BROWNFIEL05 ASSESSMENT REPORT PREPARED BY THE El
VCP= VITRIFIED CLAY PIPE
GROUP, INC. (El GROUP PROJECT NUMBER: ENCH 1700I 2.01)
— w — * WATER LINE
NOTE: THE LOCATION OF FORMER SITES / FEATURES LWWTP AND WW
© WM= WATER METER
ARE UNKNOWN AND UNABLE TO BE SHOWN HEREON.
" WATER VALVE
MYARD INLET
12) THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT
* - DENOTES THAT INDICATED UTILITY IS
THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO
PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIEL05 AGREEMENT FOR
BURIED AND HAS BEEN SHOWN PER
THIS PROPERTY.
MARKINGS FOUND IN THE FIELD
STATEMENT OF ENCROACHMENTS:
(A) MAIN BUILDING ENCROACHES INTO RAILROAD RIGHT OF WAY 0. 5'
© CHAIN LINK FENCING ENCROACHES INTO SUBJECT PROPERTY 2.7' unres
© CHAIN LINK FENCING ENCROACHES INTO SUBJECT PROPERTY 5.O' Admir
REFERENCES: I
- DB 5595 PG 1216
- DB 2064 Pg 107
- DB 2010 Pg 444
- DB 4 197 Pg 640
- DB 4 128 Pg 69
- DB 838 Pg 299
- DB 1246 Pg 719
- DB 1377 Pg 199
- DB 5 126 Pg 1455
- DB 5387 Pg 903
- PB 20 Pg 122
-PB II3Pg91
- P13,55 Pg 109
- PB 143 Pg 53
- TITLE COMMITMENT PREPARED BY CHICAGO TITLE
INSURANCE COMPANY BEARING # 1 7-12596CH
AND BEING DATED 612712017
I Title
C Fres
GLOBAL POSITIONING SYSTEM CERTIFICATION
2 EP
I-V
1, J. 13ARRY WE5T, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
3 OF-
55PERVI3ION FROM AN ACTUAL GPS SURVEY MADE UNDER MY
time o
SUPERVISION AND THE FOLLOWING INFORMATION WAS USED TO PERFORM
portion
THE SURVEY:
offsite
I) CLASS OF SURVEY: CLA55 A SURVEY
Tabora
2) POSITIONAL ACCURACY (95% CONFIDENCE): 0. 04'HORIZONTAL
reside
0.08' VERTICAL
4 The
3) TYPE OF GP5 FIELD PROCEDURE: RTK NETWORK SOLUTIONS
south
USING A SPECTRA PROMARK 700
5 The
DUAL FREQUENCY RECEIVER
side o
DATES OF SURVEY: 02 TH U O 201 4) R 8/ R 8/ 4/ 7
O
5) DATUM / EPOCH: NA063 / EPOCH 201 I
6 Sto
6 PUBLISHED FIXED CONTROL USED: NIA - VRS RTN
/ /
NE -No
7) GEOID MODEL: 2012A
J-Es
8) COMBINED GRID FACTOR: 0.99979505
9) UNITS: US SURVEY FEET
SCALE: I " = 60'
1,50'
GO, 30' 0' 60, 120,
F/L (CHAIN
LINK
)
TEMPORARY PERMANENT SIDEWALK
EASEMENT AREA EASEMENT AREA
(PER DB 4197 Pg 540) (PER DB 4197 Pg 540)
AREA: 573 FTz AREA: 10,300 FT2
HATCH PATTERN: ® HATCH PATTERN: ® POINT OF BEGINNING
#4 REBAR, FL. ("PCELS')
- TERM. 18th CALL OB 2064 Pg 107
- POB DB 201 O Pg 444
LS L7 J - NC GRID COORO. (NA083-201 1):
N= 679, 766.03' E= 945, 940.41 '
L8
D 30" CdG
L9 �
/ 6„ CONC. CURB '�`,y
1 0 p
u Ga L / / \\AF
ohm O W c 6" CONC. CURB
S.BLOCK O �h�H _
RET. WALL hL\ �Nb — — L 12
u n��5
0% CONC. S
\`, oryL APRON
o WATER VAULT
(, % 'I-
O 03/4" IRON PIPE, DISTURBED
\ hL (NOT HELD, 0.7T EA5T OF LINE)
�G 0% \ O 5 00°0143 " W 89, 66'
%
s °hL #3 REBAR, 0.8' A.G.
GW- I °hL TERM. 1 7th CALL DB 2064 P 107
�G 9
5 / \ \ -TERM. 5th CALL DB 201 O Pg 444
?Z O / °hG
7✓
B-4 0 -1 0%
hG
8-5 '�c / � \
0%
___ 0 / X 0%
V 0Z�
5 Z \
0
1 h
Q RAMP it 5 G
S
o ° / . ,
01
Z
C)
Q)
W
N
0
•_
LAND USE RESTRICTIONS:
NCGS 13OA-3 10.35(a) requires recordation of a Notice of Brownfields Property ("Notice")
that identifies any restrictions on the current and future use of a Brownfields Property that are
necessary or useful to maintain the level of protection appropriate for the designated current
or future use of the property and that are designated m a Brownfields Agreement pertaining to
the property. The survey plat, recorded on October 7, 2005,_constitutes one
of three exhibits to the Notice pertaining to the Brownfields Property depicted on the_plat
and recorded at the Buncombe County Register of Deeds' office m Plat Book 1 13, Page 9 I,
The exhibits to the Notice are: the Brownfields Agreement for the subject property,
which is attached as Exhibit A to the Notice; a reduced version of this survey plat, which
is attached as Exhibit B to the Notice; and a legal description for the subject property,
Z which is attached as Exhibit C to the Notice. This Amendment to the Notice of Brownfields
C) Property and Brownfields Agreement constitutes an amendment to the Notice and exhibits to
i the Notice. The following Land Use Restrictions, excerpted verbatim from
Z the amended Notice, are hereby imposed on the Brownfields Property and shall remain m force
m perpetuity unless canceled by the Secretary of the North Carolina Department of
Environmental Quality (or its successor in function), or his/her designee, after the hazards have
been eliminated, pursuant to NCGS § 13OA-3I0.35(e):
1. No use may be made of the Brownfields Property other than for high density residential,
retail, hotel, amenity space, open space, restaurant, warehousing, office, industrial, parking,
and, subject to DEQ's prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
a. "High Density Residential" defined as permanent dwellings where residential units are
attached to each other with common walls, such as condommia, apartments, group
homes, dormitories or boarding houses, and any property outside the dwelling
structures is usable by all residents and not privately owned as part of a particular
unit (e.g., privately -owned courtyards are prohibited), and may include related
amenities, such as pools, clubhouses, courtyards, common areas, recreation areas
and parking garages. "Single family homes are prohibited; townhomes, duplexes or
other units with yards are prohibited unless approved m writing by DEQ in advance"
b. "Retail" defined as the sale of goods or services, products, or merchandise directly
to the consumer or businesses and Includes showrooms, personal service, and the
sales of food and beverage products.
c. "Hotel" defined as the provision of overnight lodging to paying customers, and to
associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, mana ement and reception services.
p Y, P 9
d. "Recreational" defined as Indoor and outdoor exercise -related physically focused
•pY Y ,
or leisure -related activities whether active or passive,and the facilities for same
including, but not limited to, studios, swimming pools, sports -related courts and
fields, open space, greenways, parks, playgrounds, walking paths, and picnic and
public gathering areas
e. "Restaurant" defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
f. "Amenity Space" defined as a hardscaped and landscaped courtyard, swimming pool,
pool deck courtyard, do run community ardens fire it n1lin station seatin
p , Y , 9 , Y9 p• 9 9 9
areas and a common use interior clubhouse.
g. "Open Space" defined as land maintained in a natural or landscaped state and used
for natural resource protection, buffers, greenways, detention facilities for
stormwater.
h. "Industrial" defined as the assembly,fabrication rccessinwarehousin or
, p 9• 9
distribution of goods or materials.
I. "Office" defined as the provision of business or professional services.
j. "Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
k. "Parkin " defined as the temporary accommodation of motor vehicles in an area
9 G r7'
designed for same.
I. "Warehousing" defined as the use of a commercial budding for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among
LAND USE RESTRICTIONS - CONTINUED:
2. Unless compliance with this Land Use Restriction is waived m writing by DEQ in advance In
regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified
In subparagraph 1 .a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ m any areas
proposed for such activities, and submittal of the analytical results to DEQ is required. If
such results reflect contaminant concentrations that exceed the standards and screening
levels applicable to the uses authorized for the Brownfields Property, the
groundwater -related activities proposed may only occur m compliance with any written
conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified
m subparagraph I, a above while fully protecting public health and the environment.
3. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ
states In writing, m advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will
be suitable for the uses specified m subparagraph I .a., above while fully protecting public
health and the environment, except:
a, in connection with landscape planting to depths not exceeding 24 inches;
b. mowing and pruning of above -ground vegetation;
c. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days m advance of a scheduled repair (if only by email) of any
such repair, or m emergency circumstances no later than the next business day, and
that any related assessment and remedial measures required by DEQ shall be taken
and;
d. m connection to work conducted In accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined m subparagraph 4.
4. Physical redevelopment of the Brownfields Property may not occur other than in accord,
as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing
by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of
redevelopment phases, and addresses health, safety and environmental issues that may
arise from use of the Brownfields Property dune construction or redevelopment m an
P Y 9 p Y
other form, including without limitation: a. soil and water management issues, including
without limitation those resulting from contamination identified m the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 to the
Brownfields Agreement;
c, contingency plans for addresseg, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination
(e.g., USTs, tanks, drums, septic dram fields, oil -water separators, soil
contamination); and
d. plans for the proper characterization of and as necessary, disposal of
I' p p r7', p
contaminated sods excavated during redevelopment;
5. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that
the final deadline shall fall 90 days after the conclusion of physical redevelopment), the
Y 1' Y G )�
then owner of the Brownfields Property shall provide DEQ a report subject to
written DEQ approval on environment -related activities since the last report, with a
summary and drawings, that describes:
a. actions taken on the Brownfields Property In accordance with the Work to be
Performed Section of the Brownfields Agreement;
b. sod grading and cut and fill actions;
c, methodolo ies employed for field screenin sam lin and laboratory analysis of
9Y( )9• 1' 9 Y Y
environmental media;
O O � O
LAND USE RESTRICTIONS - CONTINUED:
O N M m
11
10. None of the contaminants known to be present in the environmental media at the
O - -
N
Brownfields Property, as described m Exhibit 2 and as modified by DEQ In writing if
=
O
additional contaminants m excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the
prior written approval of DEQ, except:
I. m de min== quantities for cleaning and other routine housekeeping and maintenance
activities;
n. m fluids m vehicles;
Q
� CO m
N. as constituents of products and materials customarily used and stored in high
.. 2 Z J
density residential, retail, hotel, amenity space, open space, restaurant, warehousing,
�- O U
office, industrial, and parking, environments, provided such products and materials
p p p
are stored m original retail packaging and used and disposed of m accordance with
p
applicable laws.
1 I. Unless compliance with this Land Use Restriction is waived m writing m advance by
�
DEQ In relation to particular buildings, demolition and/or renovation of any or all buildings
2
on the Brownfields Property depicted on the plat component of the Notice shall be m
rY
accordance with applicable legal requirements, including without limitation those related to
O
lead and asbestos abatement that are administered by the Health Hazards Control Unit
IY
within the Division of Public Health of the North Carolina Department of Health and Human
Z
Services.
Z
12. Neither DEQ, nor any party conducting environmental assessment or remediation at
O
the Brownfields Property at the direction of, or pursuant to a permit, order or agreement
W
issued or entered into by DEQ, may be denied access to the Brownfields Property for
E
purposes of conducting such assessment or remediation, which is to be conducted using
�
reasonable efforts to minimize interference with authorized uses of the Brownfields
U
Property.
13, Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded In the Buncombe
County land records, Book , Page . " A copy of any such instrument shall be sent
to the persons listed m Section XV (Notices and Submissions), though financial figures and
other confidential Information related to the conveyance may be redacted to the extentsaid
U
redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. The owner may use the followin mechanisms to comply with
Y pY 9
the obli ations of this ara ra h: i If eve lease and rider is identical m form the owner
9 1' 9 p () 1Y
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, m lieu of sending copies of actual, executed leases, to the
�_)
persons listed in Section XV Notice and Submissions • or n The owner conve m an
p ( ), (J Y 9
interest may provide abstracts of leases, rather than full copies of said leases, to the
f'\
persons listed in Section XV.
14. During January of each year after the year in which the Notice is recorded, the
F-
owner of any part of the Brownfields Property as of January 1 st of that year shall submit a
Q
notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health
J
(L
and environmental officials of Buncombe County, certifymg that, as of said January 1 st, the
�_
�
U
Notice of Brownfields Property containing these land use restrictions remains recorded at
LQ
u Z U
�1 Z,
the Buncombe Count Re ester of Deeds office and that the land use restrictions are bem
Y 9 9
�
_
= J=
complied with. The submitted LURU shall state the following:
�
� n -i Z
3
a, the name, mailing address, telephone and facsimile numbers, and contact person's
I
Z W
OR
e-mail address of the owner or board or association submitting the LURU if said
�
a OU
P4
owner acquired any part of the Brownfields Property during the previous calendar
U � J W
year,
lLJ
O = In
b. the transferee's name mailm address telephone and facsimile numbers and contact
9 p
U
U W
�=O
�
persons e-mail address, if said owner transferred any part of the Brownfields
�
�
� U
U
Q Q z
Property during the previous calendar year
r\
r - � 0 Q
I
c. whether any vapor barrier and/or mitigation systems installed pursuant to
C)
_^ � a_
subparagraph 8 above are performing as designed, and whether the uses of the
W
O
ground floors of any buildings containing such vapor barrier and/or mitigation systems
Z
Z
have changed, and, if so, how.
Z.
W J
d. A joint LURU may be submitted for multiple owners by a duly constituted board or
t d 1, It Id th 1 dd tl h df I
O
,,/
�^ O
c 1 O D/
V1 W
L associa ion an s a Inc u e e name, mat ing a ress, e ep one an acsimi e Q
/ / C� > others, and also refers to the storage of goods and materials for a specific d. stock ilin , containerizin , decontaminatin , treatm , handlin , laboratory analysis m � U - O
COV. / F p g g g g g Y numbers, and contact person's e-mail address of the entity submitting the joint LURU - Q
© r CONC. commercial establishment of a group of establishments m a particular type of and ultimate disposition of an sod, roundwater or other materials suspected or Li -
ENTRY ENTRY / ° // RAMPS // oh I' Y 9 p as well as for each of the owners on whose behalf the joint LURU is submitted. O
GW 2 L industry or commercial activity. U
� s confirmed to be contaminated with regulated substances; and O LU
80 / \ e. LURU's submitted for any portion of the Brownfields Property that contains rental W
e 4 O,y e. removal of any contaminated sod, water or other contaminated materials (for units shall include a list of tenants and their addresses. U Q W
0.2% ANNUAL CHANCE \ o / o Z
g titi s, \Q example, concrete, demolition debris) from the Brownfields Property (copies of all � O �
FLOOD HAZARD LINE G 0 � � ,�� \ �' f. A property owners' association or other entity may perform this LURU's duties, on F- m �
(5EE NOTE # 1) CONC. y o h legally required manifests shall be included). O � U U Q
hL behalf of some or all owners of the Brownfields Property, if said association or Z a- W �
6. No residential use of the Brownfields Property may occur until the then owner of the entity has accepted responsibility for such performance pursuant to a notarized W C] O - O O
5 co � Brownfields Property conducts representative final grade soil sampling of any area within instrument satisfactory to DEQ that includes at a minimum, the name, mailing � Z 0 Q _ m
Lo
Igg' r L � \ the Brownfields Property on the plat component of the Notice, pursuant to a plan address, telephone and facsimile numbers, and e-mail address of each owner on �%� Q CCL_Z O
G I �S'9'�°ef vs O, STORM DRAW approved m writing by DEQ that is not covered by budding foundations, sidewalks, or whose behalf the LURU is proposed to be submitted. " O v U (L
CATCH BASIN asphaltic or concrete parking areas and driveways. ~ W CC) (� (I �
f�73/4"IRON PIPE, G 2, CONC. �� Z 02 �
GM 9 (DETENTION) m U U
0, 3' A.G. (3) G�OeGSp4' RAMPS ti� B-I J '\ � 7. Sod may not be removed from, or brought onto, the Brownfields Property without prior � � Z Z p �
�P , tiFs " l/ �° s O sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless r -, Q p�
JCS INVESTMENTS, LLC 'J.. s r c 6 m W
PIN: 9647-89-5588 \ SHED 22 �o�b Q J F�j conducted m accordance with an approved EMP as outlined above. _ � Z
DB 4633 Pg 809 \ �o°( � °� \ A- O4, 8. No enclosed building may be constructed on the Brownfields Property and no existing W
GP-I0 �y 'IN N O S
PB 143 Pg 53
�; --o", �co 2SF �
N 39°05' 12" W 1 12.96' '2. zs,
J ell,
¢
Q `s, � (R �
6 � 9G
budding, defined as those depicted on the plat component of the Notice of Brownfields
Property, be DEQ determines that:
,p ti�
\ 90
(,
�G
may occupied until in writing
��ti
�� %
Opp �9`9,71 �1
�S
a, the building is or would be protective of the building's users, public health and the
__
F/L (CHAIN \
\h 01
\
F� F �F
environment from risk of vapor intrusion based on site assessment data or a
S
LINK) \
COV.
88\\, G
°h
R 1<_
site -specific risk assessment approved m writing by DEQ; or
10
\
I F
LSD
DOCK
,o`er CONC.
c
G\
c��
b. the building is or would be sufficiently distant from the Brownfields Property's
q
\
\ HEXAGONAL IRON GW-3
O
O
groundwater and/or sod contamination based on assessment data approved m writing
\ \
PIN, 0.G' A.G. CONC. \
c
hL
by DEQ that the buddrng's users, public health and the environment will be protected
Fairview Rd rn
\ A`
\ � PAD
SS-3
\
APPX. DIR.
(UNABLE TO VERIFY \
from risk from vapor intrusion related to said contamination; or
m
ZONE "AE"
\
\ -� CONC.
4 05
LOCATION OF OTHER o
END OF PIPE) �
c. vapor intrusion mite anon measures are deli red, installed, and Implemented Ina
p g g p
THIS I
FLOOD HAZARD LINE
\ \
"IRON
PAD
ti c
2,9
manner that will fully protect public health to the satisfaction of a professional
SURVEY y
(SEE NOTE # I)
\ QJ 1 PIPE,
\ 0.5' A.G.
G.
\ 'h G, 6! SO
\ 55-4 yl, fps !o ti�
SS-2
\ 0
engineer licensed m North Carolina, as evidenced by said engineer's professional seal
cb
Qb
S
meet
\
O 40
1-F s ti
+
on a report that includes hoto ra hs and a descri tion of the Installation and
P 1' 9 I' P
U
�L S en
N 270561 5" E 43.36'
Sw 1
s 8 roc
\
performance of said measures, and to DEQ. Any design specification for vapor
�
hTLj tree
\ \ CONC. H.W.
e
®
`moo
S 8, '92
APPX. DIR. "�
intrusion mitigation measures shall be approved m writing by DEQ in advance of
<S, �d
J
\ \ � 024" RCP GW-4
I
\
(UNABLE TO VERIFY T\
!/S
installation and/or implementation of said measures. The design specifications shall
� 06" PVC
l
LOCATION OF OTHER
°!\ eb-2
include methodology(ies) for demonstrating performance of said measures.
!
NAIL IN CENTERLINE --
Is
l
END OF PIPE) T
'I'y
9. Surface water at the Brownfields Property may not be used for an other than
�h
TRACKS D55- I
- TERM. 7th CALL DB 2064 Pg 107 ` \
/, APE DIR.
P16'
VCP
® -,,
GW-5 +
GP-3
purpose,
1' Y Y Y p p
m connection with legally compliant storm water collection and reuse techniques, without
qOo
P
n
l (UNABLE VERIFY
\
\+
the prior written approval of DEQ.
\
S.East CORNER 3.14 ACRE TR.1-1
SHOWN IN PB 143 Pg 53 \ \
LOCATIONO
OO�IOTHER
\
0SS-I
VICINITY MAP
\
\
\
NOT TO SCALE
\
\ 0112" IRON PIPE, 0.5' A.G
\ (NOT HELD, N 36°03'35" E _
\
FIBER OPTIC
\
\
4.45' FROM 0I " IRON PIPE)
\ APPX. DIR.
\ \
\ \
XMARKER
QO
\
\ (UNABLE TO VERIFY
LOCATION OF OTHER
\ \
\
BF SAMPLE LOCATION LEGEND : \ END OF PIPE) \ P FOR THE PURPOSES OF N.C. G.S. 13OA-310.35
N 64°20'07" W 253.8T \ err cl 1
GROUNDWATER SAMPLE = 0GW # \ \ \ N6 ° \ HEXAGONAL IRON PIN, 0.5' A.G.
SURFACE WATER SAMPLE =)8(WW-#, LWWTP-# \ B 3 O \ \_ \ gs9S8„ \ - TERM. 4th CALLD62 010 P2064 P44O7
SOIL SAMPLE = 0 \ OIT 11 \ � 9 Q // g MICHAEL E. 5COTT, DIRECTOR DATE
B-#, BGS-#, D55-#, q \ 98 !G�� DIVISION OF WASTE MANAGEMENT
GP-#, 55-# �' � � 9'
SEE SURVEY NOTE # 1 1 REGARDING \ \ 0� \ �ti��l TOTAL AREA \ STATE OF NORTH CAROLINA
SAMPLE LOCATIONS SHOWN SOIL \ ,0 0 00 TRACKS NAIL IN CENTERLINE \ N06 SG0 �� OF SU(�VEY: WAKE COUNTY
` 3"ry G 7.364 ACRES _ \
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the \ \ \ /0068/ — \
screening levels for which are derived from the Preliminary Industrial Health- Based Sod \ " \
Remediation Goals of the Inactive Hazardous Sites Branch of OEQ's Superfund Section (July 11 \ _ _
NAIL IN CENTERLINE \
2020 version): TRACKS \ — —
11
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion), the
tricted use standards for which are contained in Title 15A of the North Carolina
nistrative Code, Subchapter 2B, Rule .0208 (November 1, 2019 version):
urface Water
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard
�r
Standard
(µg+T.)
Arsenic
LR'W'IP4
45/13,1997
6
l0 t
Chromium
LWWTPt
6/13,1997
72
NE
6116JI999
7-3
CyEME&
OF-13
212OJ2001
3
42
SW-16
&16J1999
11
Lead
LWV��
6/13/1997
9
NE
Small WW Pond`
6113JI997
Mercury
Small WW Pond'
45/13JI997
8
0-0121 (t)
LWW-TP4
6/13J1997
33
25 t
Nickel
Small. Waste Water Pond'
6/13J1997
25
25 (t)
LW%VTPa
6/13J1997
131
Zinc
Small WWPond'
6/13/1997
98
NE
15A of the North Carolina Administrative Code, Subchapter 2B, Aquatic Life & Secondary Recreation Class
hwater
A National Recommended Water Quality Criteria for Aquatic Life & Human Health, Freshwater, Class WS
Water Supply
I is a stormwater drainage swale surface water sample collected from the primary stormwater inlet. At the
f the sample event, storm water flowed to the inlet from paved and graveled parking areas and grassed
s of the subject property. The water then flowed through a culvert to an
location south of the subject property. Sediment samples were collected from this location and submitted for
to analysis, subsequent detections of toluene and cyanide were detected at concentrations below the
rS' Y , 9 Y
ntial soil screening levels.
large waste water treatment pond (LWWTP) was part of the wastewater treatment system located near the
west comer at the rear of the main building
small wastewater (WW) pond was a small holding pond containing water and was located on the northwest
f the bulk above ground storage tanks.
Based upon measurement of total recoverable metal. See 15A NCAC 02B .0211 formore information.
rmwater
(SW) sample
established standard
imated value between method detection limit and reporting limit
B-PS-2
5-7
6.11211997
72
B-21S-1
0-2
61I2A997
1.63
B-31S-3
B-10
61I211997
26-6
B-4/S-2
3-5
6/13.1997
2.83
BGS-12
0-5
1/26/2018
2.2
Arsenio
OP-10
0-5
1/25/2019
1-5
0 b8
GP-ll
0-5
1/25/2018
2.6 J
S-36
Surficia14
51i8/1988
9-8
S-46
Surficial1
5/18/1988
2.5
SS-3
Less than i ft
616,11999
0.82
SS-4
Less than I ft
&611999
0.90
Chloroform
B-21S-2
3-5
6/13/1997
16.4 7
034
B-11S-2
5-7
6/12/1997
30-B
B-21S-1
0-2
6/12/1997
356
B-31S-3
9-10
6/124997
47-7
B-VS-2
3-5
6/13/1997
13.9
BGS-12
0-5
1/26/2019
43-1
DSS-13
Less than 1 ft
6/16/1999
11
GP-10
0-5
1/25/2019
254
Total
GP-116
0-5
1/25/2019
25.7
Chromium
S-12
Surficiala
5/18/1988
24
0.31-
S-26
SurfidaI4
5/18/1988
170
S-36
Surficiai°
5/18/1988
140
S-46
Surficial,
5/18/1989
200
SS-1
Less than 1 ft
6/6/1999
15
SS-2
Less than i R
b1611999
11
SS-3
Less than 1 ft
6/6/1999
12
SS-4
Less than I ft
6/6/1999
14
S-26
Surficiald
5I18./1988
15
Cyanide
S-46
Stu&c ,
5/19/1988
I1
4.7
B-51S-3
8-10
6/13/1997
4-44
iQaphthalPryP
B-51S-3
8-10
6/13/1997
7.21
4.1
Nickel
B-NS-1
0-2
6/12/1997
397
310
B-FS-2
5-7
6/12/1997
0.43
Thallium
B-2r'S-1
0-2
6/121997
0.173
0.16
B-3/S-3
9-10
6/12/1997
0.613
I Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2.
Screening levels displayed for carcinogens are for a 1 .OE-6 lifetime incremental cancer
risk.
2 These sod samples were identified in respective reports as background sod samples
3Dramage Swale Sample (055) is a sediment sample
4The sample depth was described as "surficial" in the report. No discrete sample depth was
provided in the report.
5 Total chromium values for site sod samples, although not spectated for hexavalent chromium,
are compared to the residential screening level for hexavalent chromium (0.31 mg/kg). Soil
samples GP-10 and GP- I 1 were the only samples analyzed for hexavalent chromium.
Subsequent laboratory analysis for these sod samples indicate hexavalent chromium was not
detected above the reporting limits: 5.7 and 5.4 mg/kg, respectively. These reporting limit
concentrations (5.7 and 5.4 mg/kg) exceed the respective residential screening level of .3 I
mg/kg; therefore, the total chromium detections for GP-10 and GP- I 1 are listed above.
6Composite sod samples
J - Estimated value between method detection limit and reporting limit
\ _
\ f \ W ,0340S„ N74 5950„W (LIN�PERODB 55951 PG8121 — _
\ \ \ \ W /0049 95'.46' DB 2064 Pg 107 $ DB 2010 Pg 444)
\ NAIL IN TRACKS ENTERLINE ORFOLK SOLIT- 5 70°10'45" E 561.48' APPARENT DEED GAP \
\ _ — \ \ RN RAILROAD (LINE PER CURRENT SURVEY AREA (SEE NOTE #8) \
AS SHOWN IN PB 85 Pg 109
\ . NAIL IN CENTERLINE N 82 49'OS" 4 PB 1 13 Pg ,9 I)
\ \TRACKS _ N 79°/923" W 100.66' (SEE NOTE #8) \
\ — _ — _ — O' 07'-
\ NAIL IN CENTERLINE
-NAIL IN CENTER IL NE —
\ TRACKS _ —
V A\ N 84 °OS'
\ \ _ 54'W 35/.32' �L14-TIE
NAIL IN CENTERLINE TRACKS
BOUNDARY RUNS WITH THE
GROUNDWATER \ TERM. 14th CALL DB 2064 Pg 107,
CENTER OF THE RAILROAD PER �
Groundwater contaminants m micrograms per liter (the equivalent of parts per billion), the \ __ DB 2064 Pg 107 \ \ _ I I __ — \ — _ _ _ _ �RB5 IN
standards for which are contained in Title 15A of the North Carolina Administrative Code, � _ \ — — -CENTERLINE TRACKS
Subchapter 2L (20, Rule .0202, (April I, 20I 3 version): — — — I \ — — — — — — _ — — — —
ater
Coniam`Vmant
Sample Location
Bate of
Sampling
Concentration
Exceeding
Standard (µg/1.)
Standard
Chloromethaue
GW-2
2.l16I2018
43
3
GW4
2/16/201 B
4 6
GW-1
2/16/2018
4-7
Chromium
GP-3
616i1999
to*
10
B-2
6113i11997
64:
Lead
g-2
&13f11997
23
15
GV9-4
2/16/2019
53 8
Mercury
B-2
6113.r11997
1.6
1
1-Methy1naphthalene
GW-5
2/16/2018
36:8 J
1:
2-Methylnaphthalene
GW-5
2/16l2018
47-7
30
Naphthalene
GW-5
2116.f2018
10
b
GW-5
1 2/16/2018
1 11.4
3'etraeMoroethylene
I GW-4
2/16/2018
1 1-2
1 0.7
I Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2,
Screening levels displayed for carcinogens are for a 1 .OE-5 lifetime incremental cancer risk.
2 NS - Screening level or regulatory not established.
*Chromium values for these site groundwater samples, were not spectated for hexavalent
chromium and are compared to the chromium 2L standard (10 ug/L)
** If there was no established 2L Standard and the reported concentration exceeded the
respective Interim Maximum Allowable Concentration (IMACs) (April 6, 20I5 version) then the
IMAC was used in place of the 2L Standard
J - Estimated value between method detection limit and reporting limit
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor Intrusion (VI) In micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management July
2020 version):
Groundwater
Concentration
Residential
Non
Container»nt with
Date of
Exceeding
-
VI Screening
Residential
potential for
Sample Location
Sampling
Screenin g
Level'
VI Screening
Vapo:Intrusion
Level (µgl)
(µg/L)
Level'
Mercury
B72
61131/1997
1.6
0.18
0.75
Chloroform
B-2
6/13/1997
16.4
8.1
36
I Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5lifetime incremental cancer risk.
J- Estimated value between method detection limit and reporting limit
1, J. 13APPYWEST, CERTIFY THE FOLLOWING:
THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND
DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
SURVEY PERFORMED UNDER MY SUPERVISION; DEED DESCRIPTION
l I i I I II11j///
0 ION
RECORDEDACALCULATED
\\��\tl
'(N°°Cq°h'O ,/xii
BY LATITUDES AND DEPARTURES IS 1: I 95RFOR
SURVEYING GLOBAL
\� I
TRADITIONAL METHODS; THAT THE POSITIONING
Q�°°°, /p °°`� '�
A ^, o 2
'V
Q-
SYSTEM (GP5) OBSERVATIONS WERE PERFORMED TO THE GEOSPATIAL
POSITIONING ACCURACY STANDARDS, PART 2: STANDARDS FOR
° -I..-7
Q �
_ e < g _
GEODETIC NETWORKS AT THE 0.04' HOR. * 0.08' VERT. ACCURACY
o SEAL e _
CLASSIFICATION (95% CONFIDENCE) USING RTK NETWORK SOLUTIONS;
o o L-4693 o =
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47 30
-
% °°! Q'o �
(F)(1 1)(C 1) AS AMENDED. WITNESS MY ORIGINAL SIGNATURE AND SEAL
THIS THE 4th DAY OF JANUARY, 2020.
ry �.�
°`Lo
'.
_
v SUR*Ooo*'�
,,/// eq°°°°o°o��5��-'
RRYI
DRAFT — EDK KEVI EW
/// / I i 1 i t �\\\
L-4693
m m
0
U
z
O �
�- z LL_
(S) O
= IL ~
z
O_ U �
q5 w O
U
CZ U
a-
21
C)
D_
Z)
Q O
N
O c
z
O
� M
Z
N N
>_
w
>
I I It
rn
00 00 N N rA
C0 (0
C:)—
'If
�� MU
00 N
U)
N ,
rT�t_
ru Z
M c - .- Z
W
l _J
LL O 0
L U i N
J
�J
2LL]LiU c
� U) ,L:-,J
Z
J O
OO
� Z E
5 LL
T�
(vi
>
// rA� w
C 1 tL
a)
L LL O
O
U
ll
— N
V i
J 2
J N ~ =
N a- M O tv
-0 U > -0 �
Q j a co
U
U 3: c CC
G E
U M
W �

EXHIBIT C
LEGAL DESCRIPTION
Carolina Production Finishing
Brownfields Project Number: 01003-97-011
Being located within the City of Asheville, Buncombe County, North Carolina and being the property
recorded and described in Deed Book 2064 Page 107 (Buncombe County, North Carolina Registry) and
being more particularly described as follows:
Beginning at a #4 Rebar Found with "PCELS" ID Cap (Flush with Adjacent Grade) on the Southern Margin
of Fairview Road and in the Western Line of the Property of Robertson's Daughters, LLC (said property
recorded in Deed Book 2010 Page 444); said Rebar further bearing NC State Plane Grid Coordinates
(NAD83 - Epoch 2011) of: Northing= 679,766.03' and Easting= 948,940.41% thence from said Point of
Beginning and running along and with the said Western Boundary Line of Robertson's Daughters, LLC
the following Three Courses and Distances: 1) South 00°01'43" West 89.66 feet to a #3 Rebar (0.8'
Above Adjacent Grade), 2) South 46°30'00" East 744.28 feet to a Hexagonal Iron Pin (0.5' Above
Adjacent Grade) and finally 3) South 70°10'45" East 561.48 feet to a #4 Rebar with McAbee ID Cap Set in
the Center of the Norfolk Southern Railroad Tracks; thence Turning and Running with the Center of the
Railroad the following Eight Courses and Distances: 1) North 84°05'54" West 351.32 feet to a Nail in
Center of Railroad, 2) North 82°49'05" West 100.66 feet to a Nail in Center of Railroad, 3) North
79°19'23" West 100.07 feet to a Nail in Center of Railroad 4) North 74°59'50" West 99.46 feet to a Nail
in Center of Railroad, 5) North 70°34'05" West 100.49 feet to a Nail in Center of Railroad, 6) North
66°56'03" West 100.68 feet to a Nail in Center of Railroad, 7) North 64°59'58" West 99.89 feet to a Nail
in Center of Railroad and finally 8) North 64°20'07" West 253.87 feet to a Nail in Center of Railroad;
thence Turning and Running with the Eastern & Northern Boundaries of the Property of JCS
Investments, LLC (said property recorded in Deed Book 4633 Page 809 & Plat Book 143 Page 53) the
following Seven Courses and Distances: 1) North 27°58'15" East 43.36 feet to a 1" Diameter Iron Pipe
(0.5' Above Adjacent Grade), 2) North 41°50'24" West 77.33 feet to a Hexagonal Iron Pin (0.6' Above
Adjacent Grade), 3) North 39°05'12" West 112.96 feet to a 3/" Iron Pipe (0.3' Above Adjacent Grade), 4)
North 34°50'41" West 278.53 feet to a #4 Rebar with McAbee ID Cap Set, 5) North 51°51'09" West
158.31 feet to a #5 Rebar (Flush with Adjacent Grade), 6) North 60°58'19" West 131.81 feet to a %" Iron
Pipe (Flush with Adjacent Grade) and finally 7) North 68°14'50" West 42.98 feet to an "X" Mark Chiseled
in a Sidewalk; thence with the Northern Line of the Property of SPC Real Estate, LLC (said property
recorded in Deed Book 5556 Page 742) North 68°14'50" West 35.18 feet to a Survey Marker Nail Set
within the Margin of Fairview Road; thence turning and running the following Twelve Courses and
Distances within the Margin of Fairview Road and as outlined in the Line Table (1-1-1-12) on the survey
plat: 1) South 77°29'02" East 70.53 feet to a calculated point, 2) South 65°53'02" East 50.00 feet to a
calculated point, 3) North 08°09'02" West 12.16 feet to a calculated point, 4) North 08°27'58" East 10.00
feet to a calculated point, 5) South 75°33'02" East 277.17 feet to a calculated point, 6) South 78°02'02"
East 9.65 feet to a calculated point, 7) South 78°01'02" East 20.66 feet to a calculated point, 8) South
80°32'02" East 99.54 feet to a calculated point, 9) South 82°36'02" East 26.86 feet to a calculated point,
10) South 48°45'02" East 11.38 feet to a calculated point, 11) South 76°50'02" East 50.00 feet to a
calculated point and finally 12) South 89°27'15" East 62.03 feet to the Point and Place of Beginning.
Containing 7.364 Acres.