12009 DynaTech-Hawkins LOE 20081008

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

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet www.ncbrownfields.org
An Equal Opportunity / Affirmative Action Employer – Printed on Dual Purpose Recycled Paper
October 8, 2008

Sent Via E-mail and USPS

David J. Helfrich
CWLD Partners, LLC
200 Unionville-India Trail Road
Indian Trail, NC 28079
[e-mail]

Subject: Letter of Eligibility
DynaTech-Hawkins Street
2171 Hawkins Street
Charlotte, Mecklenburg County
Brownfields Project Number 12009-08-60

Dear Mr. Helrich:

The North Carolina Department of Environment and Natural Resources (DENR) has received and
reviewed your March 25, 2008 Brownfields Property Application (BPA)and October 3, 2008 additional
information letter; these letters have been submitted by Duncklee & Dunham, P.C. on behalf of CWLD Partners
LLC, as a Prospective Developer seeking a brownfields agreement regarding the subject site. Upon review of the
application with respect to the requirements of the Brownfields Property Reuse Act of 1997, DENR has
determined that this project is eligible for entry into the North Carolina Brownfields Program and for continued
evaluation for a Brownfields Agreement.

The next step in the process will involve a detailed review of available environmental and other relevant
data to determine what is currently known about contamination at the site, and what, if any, information gaps may
exist that may require additional assessment. We are in receipt of the following documents submitted with your
BPA:

Title Prepared by Date of Report
Phase I ESA 2171 Hawkins Street ERM December 20, 2005
Summary report, Phase I Philcron
Automotive Facility
Resolve Environmental Services December 29, 2005
Phase I 2171 Hawkins Street ECS Carolinas, LLC January 14, 2008
Phase I 2161 Hawkins Street ECS Carolinas, LLC January 14, 2008
Phase II 2161 Hawkins Street ECS Carolinas, LLC December 20, 2007

October 8, 2008
Page 2 of 2

Historical site information from the files of DENR’s Division of Waste Management will also be utilized during
the evaluation process. Please forward any additional information or data you may have or can acquire for our
evaluation. This should include reports from other DENR agencies or regional offices. We will contact you
regarding any additional assessment that may be necessary to establish that the property is or can be made suitable
for the intended reuse, as required by statute.

According to the BPA, the intended redevelopment for the site is residential use. Because risk
management decisions may vary depending on the nature of the redevelopment, it will be important that DENR
review the locations of the various elements. Please forward any maps or drawings indicating these details, even if
they are only preliminary or conceptual. Also: Pending execution of a Brownfields Agreement, eligibility is
provisional. You do not have the protections such an agreement offers unless and until it is executed. Thus, you
operate at the site pending conclusion of a Brownfields Agreement at the risk of jeopardizing your eligibility
and/or becoming a party responsible for the contamination at the site if an agreement is not finalized. This makes
it very much in your interest to consult closely with me regarding any planned site activities prior to agreement
finalization.

You should know that if a party other than the Prospective Developer owns the Brownfields property at
the conclusion of the brownfields process, we require signing of the final document (which gets recorded at the
Register of Deeds’ office) not only by the Prospective Developer but by that owner. Thus, if you are a party
buying the brownfields property after the conclusion of the brownfields process, or selling it before conclusion of
the process, failing to ensure, by the time Brownfields Agreement negotiations are complete, the willingness to
sign of the party who will own the property when the process concludes, and to provide us by that time the exact
name, e-mail address, telephone number and U.S. mail address of that party (along with signatory/ signatory’s title
in the case of an entity) will retard, and could prevent, the Brownfields Agreement taking effect.

You understand, of course, that if the party who submitted the Brownfields Property Application does not
actually buy the property, it loses its eligibility as a Prospective Developer. And that means the actual party, not
an affiliate or any other party.

I am excited about the potential for public benefit offered by the reuse of the former DynaTech facility on
Hawkins Street, and I look forward to working with you to advance this brownfields redevelopment project. If
you have questions about this correspondence or require additional information, please feel free to contact me by
phone at 704-661-0330, or by e-mail at [e-mail].

Sincerely,
Carolyn Minnich
Carolyn F. Minnich
Brownfields Project Manager
Division of Waste Management

cc: Project File
ec: Rob Gelblum, DOJ
Bruce Nicholson, DENR
Daphne Olszewski, D&D