05010 ABC Engravers Vapor LUR 20220107

January 7, 2022

Sent Via E-mail

Mr. David Schrum
ATM Distribution, LLC
227 W 4th Street, Suite 111
Charlotte, NC 28202
[e-mail]

Subject: Approval for Amendment Land Use Restriction No. 9
ABC Engravers Brownfields Project
Charlotte, Mecklenburg County
Brownfields Project Number 05010-01-060

Dear Mr. David Schrum:
This letter is to document compliance with the Land Use Restriction (“LUR”) Number 9 in the
Amendment to Notice of Brownfields Property and Brownfields Agreement (“Amendment”). The
Notice of Brownfields Property was recorded at the Mecklenburg County Register of Deeds Office in
Book 18245, Pages 645-678 on January 14, 2005, and the associated Brownfields Property Survey Plat
was recorded on October 16, 2015 in Plat Book 58, Pages 454-455. The Amendment was recorded at
the Mecklenburg County Register of Deeds Office in Book 36944 Pages 751-760 and associated Plat
Book 70 Page 23 on January 6, 2022. LUR 9 states the following:

9. No enclosed building may be constructed on the Brownfields Property, and no existing
buildings, defined as those depicted on the previously recorded Plat, may be occupied until
DEQ determines in writing that:
a. the building is or would be protective of the building’s users and public health from
the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
b. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in accordance with
the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National
Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that said design shall fully protect
public health to the satisfaction of a professional engineer licensed in North
Carolina, as evidenced by said engineer’s professional seal, and shall include

a performance monitoring plan detailing methodologies and schedule, both of
which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval that
includes details on any deviations from the system design, as-built diagrams,
photographs, and a description of the installation with said engineer’s
professional seal confirming that the system was installed per the DEQ-
approved design and will be protective of public health.

Based on the sampling information to date, no additional vapor assessment is required at this time.
DEQ Brownfields agrees that the existing structures on the Brownfields Property as of the date of
this letter are protective of the building’s users and public health from the risk of vapor intrusion in
accordance with LUR 9. As a result, DEQ is not requesting additional measures, mitigation or
monitoring for occupancy in the existing structures on the Brownfields Property and DEQ approves
of occupancy of the existing structures pursuant to LUR 9.

Please continue to submit the annual LUR Update certifications to remain compliant with the
recorded Notice. Should you have additional concerns or questions regarding the information in
this approval letter, please contact me at 704/661-0330 or [e-mail].

Sincerely,

Carolyn F Minnich
Brownfields Project Manager
Division of Waste Management

ec: Laura Truesdale [e-mail]
Ramsay Schrum [e-mail]
Chris Walker [e-mail]
BFPropertyManagement [e-mail]