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HomeMy WebLinkAboutNC0000078_Permit (Modification)_20080226NPDES DOCUMENT SCANNING COVER SHEET NPDES Permit: NC0000078 Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Plan of Action Speculative Limits Instream Assessment (67b) Environmental Assessment (EA) Permit History Document Date: February 26, 2008 Miss document its printed on reuse paper - ignore any content on the reYerrse *side v-ot I'-e m1 Mo Vowouhir Oa rry O0-44k-,7 BERNARD M KELLY FORMER ECUSTA MILL ONE ECUSTA ROAD BREVARD NC 28712 Dear Mr. Kelly: 4AA NCDENR Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins., Director Division of Water Quality February 26, 2008 Subject: NPDES Permit Modification - Ownership Change Permit NC0000078 Former Ecusta Mill Formerly: Mill in Pisgah Forest, North Carolina Transylvania County The Division of Water Quality (Division) received Davidson River Village, LLC request for change of name/ownership for the former Mill in Pisgah Forest facility on February 20, 2008. After consultation with NCDENR's General Counsel, the Division is forwarding the subject permit modification to you. This modification documents the change in ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. Please note that this permit expires on August 31, 2012. This permit modification reflects only the change in name/ownership. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and' the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated October 15, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits that may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Dr. Sergei Chernikov at 919-733-5083 ext. 594. Sincerely, foge-Coleen H. Sullins cc: Central Files Asheville Regional 0 ffice, Surface Water Protection Fran McPherson, NCDENR DWQ Budget I`1PDES Files NC0000078 N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center 1 800 623-7748 Permit NC0000078 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Davidson River Village, LLC is hereby authorized to discharge wastewater from a facility located at the Former Ecusta Mill One Ecusta Road Brevard Transylvania County to receiving waters designated as the French Broad River (outfall 001) and the Davidson River (outfalls 002 and 003). The receiving streams are class C waters in subbasin 04-03-01 of the French Broad River Basin. All discharges shall be in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 26, 2008. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day February 26, 2008. 961, fog- Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Latitude: Longitude: Quad tt; Stream Class: Receiving Stream: Permitted Flow: Facility Information 35° 15' 03" 5ub-Basin; 04--03-01 82° 41' 34" F 8 SW (Pisgah Forest) C French Broad River/ Davidson River 27.5 MGD North NC0000078 T:ansylvaniaCounty Permit NC0000078 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Davidson River Village, LLC, is hereby authorized to: 1. Continue the operation of an existi , astewater treatment facility (outfall 001) that includes the following components: • Grit chamber ' - • Bar screens • Influen) pumps •-- P�� riifi ±y clarifiers • berated stabilization basin .1 • Sludge dewatering he facility is located off Ecusta Road south of U.S. Highway 64/276 in Pisgah Forest, Transylvania County (see part III of this Permit), and 2. Discharge from said treatment works (outfall 001) at the location specified on the attached map into the French Broad River which is classified "C" waters in the French Broad River Basin, and 3. Discharge stormwater (outfall 002 and 003) into the Davidson River which is classified "C" waters in the French Broad River Basin. Permit NC0000078 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [13.0 MGD] During the period beginning on September 1, 2007 and lasting until the Division grants written authorization to increase the facility's flow limit, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locationl Flow 6 13.0 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C (April 1— October 31) 30.0 mglL 45.0 mglL 3/Week Composite Effluent BOD, 5-day, 20°C (November 1— March 31) 30.0 mg/L 45.0 mglL 3/Week Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 3/Week Composite Effluent NH3-N Monthly Composite Effluent Total Phosphorus (mg/L) Quarterly Composite Effluent Total Nitrogen (mg/L) Quarterly Composite Effluent Settleable Solids (mUL) Monthly Grab Effluent 2,3,7,8 Tetrachloro-dibenzo-p-Dioxin2 0.104 pg/L Semi -Annually Composite Effluent Chronic Toxicity3 Quarterly Grab Effluent Conductivity Monthly Grab Effluent Conductivity' Variable Grab U & D Dissolved Oxygen Daily avera e > 4.0 mg/L Daily Grab Effluent Dissolved 0xygen4 Variable Grab U & D Temperature (°C) Daily Grab Effluent Temperature4 (°C) Variable Grab U & D pH > 6.0 and < 9.0 star�dard-u Daily Grab Effluent Total Mercury5 v% 0.121 pg/L \ Quarterly Grab Effluent Notes: 1. U: upstream of the outfall near river mile 192 at Barnett Bridge. D: downstream of the outfall approximately 10.8 miles at river mile 180.8 at Etowah Bridge. 2. See condition A. (6). 3. Chronic Toxicity (Ceriodaphnia) P/F at 12%; January, April, July, October [see A. (5)]. 4. Upstream and downstream monitoring shall be conducted weekly from April through June, three times per week from July through October, and monthly from November through March. 5. Effluent samples must be analyzed by an EPA -approved (EPA-1631e) low level mercury analysis method. 6. When the most recent 12-month flow average is 95% of the permitted flow (> 12.35 MGD), the permittee may send a written request to the Division to operate under the 27.5 MGD permit effluent page [see A. (2)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0000078 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [27.5 MGD] During the period beginning after written authorization by the Division to increase effluent flow and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: LIMITS MONITORING REQUIREMENTS ;- PARAMETER Monthly . Average Daily Maximum Measurement Frequency , Sample Type Sample LocationL. Flow 6 27.5 MGD Continuous Recording Influent or Effluent BOD, 5-day, 20°C (April 1— October 31) 30.0 mg/L 45.0 mglL 3/Week Composite Effluent BOD, 5-day, 200C (November 1— March 31) 30.0 mglL 45.0 mglL 3iWeek Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mglL 31Week Composite Effluent NH3-N Monthly Composite Effluent Total Phosphorus (mg/L) Quarterly Composite Effluent Total Nitrogen (mg/L) Quarterly Composite Effluent Settleable Solids (mUL) 7 m Monthly Grab Effluent 2,3,7,8 Tetrachloro-dibenzo-p-Dioxin2 0.065 pglL Semi -Annually Composite Effluent Chronic Toxicity3 Quarterly Grab Effluent Conductivity Monthly Grab Effluent Conductivity; Variable Grab U & D Dissolved Oxygen Daily average > 4.0 mg/L Daily Grab Effluent Dissolved 0xygen4 Variable Grab U & D Temperature (°C) Daily Grab Effluent Temperatures; (°C) Variable Grab U & D pH > 6.0 and < 9.0 standard units Daily Grab _ Effluent Total Mercury5 I 0.055 ugfL Quarterly Grab Effluent Notes: 1. U: upstream of the outfall near river mile 192 at Barnett Bridge. D: downstream of the outfall approximately 10.8 miles at river mile 180.8 at Etowah Bridge. 2. See condition A. (6). 3. Chronic Toxicity (Ceriodaphnia) P/F at 22%; January, April, July, October [see A. (5)]. 4. Upstream and downstream monitoring shall be conducted weekly from April through June, three times per week from July through October, and monthly from November through March. • 5. Effluent samples must be analyzed by an EPA -approved (EPA-1631 e) low level mercury analysis method. 6. When the most recent 12-month flow average is 95% of the permitted flow (? 12.35 MGD), the permittee may send a written request to the Division to operate under the 27.5 MGD permit effluent page [see A. (2)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0000078 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on September 1, 2007 and lasting until expiration, the Permittee is authorized to discharge from outfalls 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sam le Location Flow (MGD) Semi -Annually Estimate Effluent Temperature (°C) 1 Semi -Annually Grab Effluent Total Residual Chlorine2 Semi -Annually Grab Effluent Total Mercury3 Quarterly Grab Effluent pH > 6.0 and < 9.0 standard units Semi -Annually Grab Effluent Notes: 1. The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C and in no case cause the ambient water temperature to exceed 29.0 °C. 2. Total Residual Chlorine monitoring requirements only apply if chlorine is added to the cooling water. 3. Effluent samples must be analyzed by an EPA -approved (EPA-1631e) low level mercury analysis method. There shall be no chromium. zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (4) AMMONIA NITROGEN CONDITION This permit may be modified, or revoked and reissued to include NH3-N limitations and monitoring requirements in the event monitoring conducted on the effluent indicate that NH3-N concentrations are greater than 4.0 mg/L. Permit NC0000078 A. (5) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 12% at 13.0 MGD or 22% at 27.5 MGD. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0000078 A. (6) DIOXIN MONITORING Adequate sample volume shall be collected to perform the analysis. The total sample volume shall be collected and preserved in accordance with Part II, Section C Monitoring and Records. The sample shall be analyzed in accordance with the appropriate method of analysis specified in Analytical Procedures and Quality Assurance for Multimedia Analysis of Polychlorinated Dibenzo-para-dioxins and Polychlorinated Dibenzofurans by High Resolution Gas Chromatography/High Resolution Mass Spectrometry, EPA, 1987 (EPA Method 1613), or another equivalent analytical protocol approved by DWQ. A single sample may be analyzed to determine compliance with the daily maximum effluent limitation. Alternatively, a sample volume may be collected to enable the sample to be split (duplicate analysis). If the analysis of either split sample is below the detection limit, the quantity, for the purposes of compliance evaluation, is considered to be zero. If both splits are positive, the results of the two analyses shall be averaged to determine compliance with the daily maximum effluent limitation. If the measurement is below detection limits, the quantity for the purposes of compliance evaluation is considered to be zero. The detection limit using these methods for the purpose of compliance evaluation is considered to be 10 picograms per liter. The dioxin isomer to be monitored and limited by this permit is 2, 3, 7, 8, TCDD. Fish tissue analysis will be performed, as a minimum, at one station established upstream of the discharge and at two stations downstream in accordance with the Division's approved monitoring plan. The monitoring plan is an enforceable part of this permit. All dioxin data collected pursuant to this monitoring requirement will be reported within three months after collection. The Permittee shall perform fish tissue analyses for TCDD and TCDF tri-annually (once every 3 years). If the data from annual fish tissue analysis indicates there are no dioxin concerns, an alternative schedule may be granted. A. (7) MERCURY FISH TISSUE SAMPLING The Permittee shall conduct fish tissue sampling for Mercury on a tri-annual basis (once every 3 years). The Division's Environmental Sciences Section shall approve the fish -tissue sampling plan prior to commencement of sampling. A. (8) CHANGE OF OWNERSHIP a. Within sixty days after a change in ownership, the following shall be submitted to the Division: 1. proof of the change in ownership; 2. a request to transfer the permit to the Purchaser of the facility; 3. a completed and signed EPA Form 1; and 4. a statement indicating whether any physical alterations or additions to the permitted facility are planned which meet the notice requirements of Part II E.2 of this permit. [If no changes are planned, the Division shall transfer the permit to the Purchaser as a minor modification. If any physical alterations or additions to the permitted facility are planned which meet the notice requirements of Part II E.2, the Purchaser shall provide the following additional information:] 5. A new application for the modified discharge, completed and submitted by the new owner of the facility 6. A request for a major modification of permit NC0000078. 7. Fee payment for a major permit modification. 8. A complete flow justification for the proposed discharge and an Engineering Alternatives Analysis (EAA). Permit NC0000078 When all of the above actions are completed, the Division shall provide a modified permit appropriate for the proposed discharge or set of discharges. b. During the next permit renewal, the Permittee shall submit a complete flow justification for the proposed discharge and an Engineering Alternatives Analysis (EAA). A. (9) DAM INTEGRITY The Permittee shall inspect the ASB dam annually. The permittee shall provide proper maintenance of the ASB Dam to assure its integrity. David A. Franchina 704.331.7543 Fax: 704.353.3243 dfranchina@kennedycovington.com X„,„46„.4,74. ATTORNEYS AT LAW FEB 2 0 2008 '•:R . WATER Qum). ENCLOSURE MEMO VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FROM: David A. Franchina, Esq. DATE: February 19, 2008 RE: NCDENR - DWQ - Surface Water Protection Section Permit Name/Ownership Change Form 4 Please find for filing, the enclosed Permit Name/Ownership Change form pertaining to the change in ownership of the facility permitted under NPDES Permit NC0000078. Should there be any questions or concerns regarding this filing, please contact me directly at (704) 331-7543. Sincerely, David A. Franchina For the Firm Enclosures cc: Bernard Kelly (w/enclosures) KENNEDY COVINGTON LOBDELL & HICKMAN, L.L.P. temw.kennedycovington.com CHARLOTTE COLUMBIA RALEIGH RESEARCH TRIANGLE PARK ROCK HILL leletrhone704.331.7400 CHARLOTTE, NORTH CAROLINA 28202 4833-2572-4674.01 HEARST TOWER, 4 7 1 h FLOOR 2 1 4 NORTH TRYON STREET JANi 22; 20J8/TUE 04 : 04 Phi P. 003 Michael F. Easley. GOVemor Willlmn G. Roan 1r., Secretary North Carolina Department ofEovirooment and Natural Resource: Aka W. b4iaxk, P.E. Dircusor thviaion of Water ()milky ][ Please enter the permit number for which the change is requested. NPDES Permit 0 (o 0 !0 10 )7 a I1. Permit status prior to status change. a. Permit iasucd to company name): b. person legally responsible for permit: (or) CertWcate of Coverage Ecusta Business Development Center, LLC William J. Ashbrook Fuss t u1 / Lan Environmental Affairs Tide P.O. Box 1119 Permit Holder Meiling A adze.: Pisgah Forest, NC 287'68 (828 J 884-5644 X231 P lotw Fax City State zip (828 )884-9766 a. Facility name (discharge): MITI in Pisgah Forest d. Facility address: One Ecusta Road e. Facility contact person: I11. Please pro -vide the following for the Revised 7/2005 Addrts Brevard , NC 28712 City state zip William J. Ashbrook (§28 )884-5544X231 Ftsst / 1,{f 1 Lan Phr,.e requested change (revised permit). a• Rcqu t for change is a Tcsult of; Chatrsc in ownership of the facility ❑ Name change of the facility or owner If other please explain: . b. Permit issued to (company name): c. peson legally responsible for permit: d. Facility name (discharge): e. Facility address: f. Facility contact person: Davidson River Villains. LLC Bernard M, Kelly First 1 Nil / Cart Business Manager Tide P.O.Box 880 Permit HaidttMailing Addreat Pisgah Forest , NC 28758 City (828 )884-5544 X231 none Former Ecusta Mill One Ecusta Road State Zip bmke Ilyp renovapartners.cam E-mail Address Address Brovard NC 28712 Clty Bernard M. Kelly Ste. Zip Virg ! MI r Lost (828) 884-5544 X231 bmkelly@renovapartnere.com Phone E•mailAddress JAN/22/ 2008/TUE 04:04 PSI FAX No. P. 004 MRNLTT NAME/OWNERSHIP CHANOB FORM Page 2 of2 IV. Permit contact information: (if different from the person legally responsible for the permit) ?ermit contact Pint / MI 1 Last Mtn Lfsilin8 Address City State Zip Pane E.as3il Addxeei V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Q Yes Industrial activites at the permitted facility have ceased, proposed permittee plans to redevelop the prop O No (please explain) VI. Required Items: THISAPI"LIC,AT!ON RILL BE RETURNED UNPROCESSED IFMUMS ARE INCOMISET OR MASSING: a This completed application is squired for both name change and/or ownership chaagc =quests. R Legal decumentation of the t eessfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is nworshnwd for an ownership change request Article8 of incorporation are not euataient for an ownership change. The ecrti6catioua below must be completed and signed by b_ the permit holder prior to the change, and the now applicant in he Calla of en ownership chew aequeet. For a name change request, the signed Applicant's Certification is suffeieet PERNJIITEE CERTIFICATION (Permit holder prior to ownership change): 4 — J. Roger Petit attest that this application for a name/ownership change hers been reviewed and is accurate and complete to the best of my knowledge. I understand that if ell required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. ___79._e1-4..e___,:.it/.7:, sigaanve APPLICANT CERTIFICATION: I, John Hanselman change h par% appli Sevircd 7/200i reviewed and is so 'cation are not co January 21, 2008 Duo Est diet this application for a namelownarship complete to the best of ray knowledge. t understand that if all required d and that if all required supporting information is not included, this mplete. January 21. 2008 Dstc PLEASE SEND TEE COMPLETE APPLICATION PACKAGE TO: Divisior&of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 • F E B 2 0 2008 2008000464 - TRANSYLVANIA CO, NC FEE $20.00 NO TAXABLE CONSIDERATION - PRESENTED 6 RECORDED: 01-25-2008 02:58:39 PM CINDY M OWNBEY REGISTER OF DEEDS BY: CINDY M OWNBEY REGISTER BK:DOC 444 PG:527-529 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $ 0.00 Recording Time, Book and Page Tax Lot No.: Out of 8596-69-9440-000 Parcel Identifier No.: Verified by by Mail after recording to: Grantee This instrument was prepared by: Kennedy Covington Lobdell & Hickman, L.L.P. (ADP) Alm County on the a-'\ day of \Gt ,v� ,2008 Brief description for the Index: Ecusta Real Estate 1 Tract THIS DEED made as of this5th day of January, 2008, by and between GRANTOR ECUSTA REAL ESTATE 1, LLC, a North Carolina limited liability company c/o Ecusta Business Development Center PO Box 1119 Pisgah Forest, North Carolina 28768 GRANTEE DAVIDSON RIVER VILLAGE, LLC, a Delaware limited liability company c/o Renova Partners LLC 36 Washington Street, Suite 250 Wellesley, Massachusetts 02116 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Brevard Township, Transylvania County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument(s) recorded in Book 183 at Page 742 in the Transylvania County, North Carolina, Public Registry (the "Registry"). TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. This conveyance of the property herein described is made subject to any and all easements, conditions, restrictions and other matters of record as they may lawfully affect title to the property described herein, and real estate taxes and assessments not yet due and payable. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed and delivered as of the day and year first above written. ECUSTA REAL ESTATE 1, LLC, a North Carolina limited liability company By: ECUSTA BUSINESS DEVELOPMENT CENTER LLC, a North Carolina limited liability company, its sole member and manager By: (. ii Name: . Ray( 'Pe Title: rY1 anatter STATE OF NORTH CAROLINA COUNTY OFTMa 4V000l I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Rac ec ; -t Date: January 114 , 2008 Q. (.)J.we Official Siture of Notary Public Elizabeth A. kA i 5e.. Notary printed or typed name My commission expires: 55 -r9 OOR Exhibit A Tract 1-2: Beginning on a point in the eastern margin of Davidson River Road; said point being the Southwest corner of the Fred W. and Patricia A. Wilson property as described in deed book 13 page 684; thence from the beginning point thus established South 84°26'49" East a distance of 7.43 feet to an existing concrete monument; thence South 84°27'30" East a distance of 1226.53 feet to a 5/8" rebar set; thence North 19°03'40" East a distance of 496.93 feet to an existing concrete monument; thence North 19°06'52" East a distance of 16.96 feet to an existing concrete monument; thence North 19°04'54" East a distance of 855.64 feet to an existing concrete monument; thence North 73°33'42" East a distance of 840.08 feet to an existing concrete monument; thence South 15°20' 11" East a distance of 106.63 feet to an existing concrete monument; thence North 74°44'38" East a distance of 16.52 feet to an existing concrete monument; thence South 07°00'33" West a distance of 688.64 feet to an existing concrete monument; thence South 82°27'44" East a distance of 495.73 feet to a point; thence South 34°30'58" East a distance of 9.99 feet to an existing concrete point; thence South 34°31'36" East a distance of 976.60 feet to an existing concrete monument; thence South 17°43'16" East a distance of 455.63 feet to an existing concrete monument; thence South 24°01'06" West a distance of 2,127.98 feet to an existing concrete monument; thence South 24°04'47" West a distance of 47.83 feet to a point; thence South 72°45'59" East a distance of 350.58 feet to a point; thence South 15°04' 15" West a distance of 76.13 feet; thence South 14°58'32" West a distance of 1,042.39 feet to an existing concrete monument; thence South 15°00'27" West a distance of 75.00 feet to a point; thence North 65°54'00" West a distance of 200.00 feet to a point; thence North 57°07' 10" West a distance of 300.00 feet to a point; thence North 54°47'32" West a distance of 200.00 feet to a point; thence North 59°37'00" West a distance of 200.00 feet to a point; thence North 70°39'58" West a distance of 200.00 feet to a point; thence North 89°51' 11" West a distance of 320.00 feet to a point; thence North 70°19'57" West a distance of 100.00 feet to a point; thence North 53°20'32" West a distance of 100.00 feet to a point; thence North 28°33'O1" West a distance of 100.00 feet to a point; thence North 12°50'47" West a distance of 200.00 feet to a point; thence North 21°37'29" West a distance of 100.00 feet to a point; thence North 35°35'37" West a distance of 60.00 feet to a point; thence North 48°05'28" West a distance of 80.00 feet to a point; thence North 60°09'08" West a distance of 100.00 feet to a point; thence North 73°53'32" West 50.00 feet to a point; thence South 89°48'41" West a distance of 70.00 feet to a point; thence South 65°41'06" West a distance of 60.00 feet to a point; thence South 56°14'08" West a distance 68.00 feet to a point; thence North 72°22'37" West a distance of 219.41 feet to an existing concrete monument; thence North 74°43'23" West a distance of 108.88 feet to an existing concrete monument; thence South 71°43'57" West a distance of 121.54 feet to an existing concrete monument; thence North 57°46'02" West a distance of 473.82 to an existing concrete monument; thence North 31 °46'31" West a distance of 495.85 feet to an existing concrete monument; thence North 31°51'06" West a distance of 30.00 feet to a point in the centerline of Old Hendersonville Road; thence with the centerline of Old Hendersonville Road the following three courses; North 58°50'19" East a distance of 150.41 feet to a point; thence North 64°23'19" East a distance of 225.73 feet to a point and North 61°57'20" East a distance of 102.43 feet to a point; thence leaving Old Hendersonville Road North 44°21'39" West a distance of 309.43 feet to a point; thence North 32°14'02" West a distance of 165.00 feet to a point; thence North 08°47'06" West a distance of 428.99 feet to a point; thence North 83°31'49" West a distance of 33.00 feet to a point in Davidson River, thence with Davidson River North 18°47'40" West a distance of 264.38 feet to a point; said point being the Southeast comer of Tract 2; thence with the eastern boundary of Tract 2 the following five courses; North 12°30'06" East a distance of 80.00 feet to a point; North 31 °15'52" East a distance of 200.00 feet to a point; North 39° 43'17" East a distance of 240.00 feet to a point; North 22°03'33" East a distance of 80.00 feet to a point and North 14°26' 11" East a distance of 80.38 feet; thence North 18°27'39" East a distance of 253.37 feet to the point and place of the beginning containing 285.6 acres as shown on plat of survey by Robert C. Brown, P.L.S. with Ed Holmes and Associates Land Surveyors Dated 9/18/06. 2008000463 TRANSYLVANIA CO, NC FEE $29.00 STATE OF NC REAL ESTATE EXTX $31700.00 PRESC TCD & RECORDED: 01-25-2008 02:58:38 PM CINDY M OWNBEY REGISTER OF DEEDS BY: CINDY M OWNBEY REGISTER BK:DOC 444 PG:521-526 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $ 31,700.00 Recording Time, Book and Page Tax Lot No.: 8596-49-6377-000; 8596-49-7911-000; 8596-49-7990-000; 8596-49-8754-000; 8596-49-8865-000; 8596-49-9829-000; 8596-59-2857-000; 8596-59-3846-000; 8596-59-4854; 8596-59-4908-000; 8596-59-5927-000; 8596-59-6966-000; 8596-59-7804-000; 8596-59-7927-000; 8596-59-7975-000; 8596-59-8954-000; 8597-31-8577- 000; 8597-32-8849-000; 8957-40-5038-000; 8597-40-6036-000; 8597-50-1093-000; 8597-50-3042-000; and out of 8596-69-9440-000 Parcel Identifier No.: Verified by County on the a day by Mail after recording to: Grantee This instrument was prepared by: Kennedy Covington Lobdell & Hickman, L.L.P. (ADP) Brief description for the Index: Ecusta Business Development Center Tract THIS DEED made as of this;th day of January, 2008, by and between GRANTOR ECUSTA BUSINESS DEVELOPMENT CENTER, LLC, a North Carolina limited liability company PO Box 1119 Pisgah Forest, North Carolina 28768 GRANTEE DAVIDSON RIVER VILLAGE, LLC, a Delaware limited liability company c/o Renova Partners LLC 36 Washington Street, Suite 250 Wellesley, Massachusetts 02116 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Brevard Township, Transylvania County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. 0031736.00001 4831-0584-8834.01 The property hereinabove described was acquired by Grantor by instrument(s) recorded in Book 183 at Page 713 in the Transylvania County, North Carolina, Public Registry (the "Registry"). The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Transylvania County land records, Book 256, Page 104. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. This conveyance of the property herein described is made subject to any and all easements, conditions, restrictions and other matters of record as they may lawfully affect title to the property described herein, and real estate taxes and assessments not yet due and payable. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed and delivered as of the day and year first above written. ECUSTA BUSINESS DEVELOPMENT CENTER, LLC, a North Carolina limited liability company By: Name: ef.( Qe� Title: Marnost STATE OF NORTH CAROLINA - COUNTY OF 1- C'ans4ickc'j► c� I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: U. %off Date. January tL , 2008 a.L)Ltile_ Official Siature of Notary Public El zrabe. t.) ism Notary printed or typed name My commission expires: - S-aoo g Exhibit A Tract 1-1: Being in the Brevard Township, Transylvania County, North Carolina and described as follows: Beginning at a concrete monument in the eastern line of tract 9 and at the western margin of Ecusta Road (SR 1512) said monument standing South 05°55'03" West at a distance of 760.49 feet from North Carolina Geodetic Survey Monument "Olin" having coordinates of North 572877.403 feet and East 894079.146 feet (established by OPUS solution); thence from the beginning point established and with the Eastern line of Tract 9 North 05°41' 18" East a distance of 1123.12 feet to a point at the Northeast comer of Tract 9; thence leaving Tract 9 and running with the Richard Jenning Jr., Macon Bank, Inc. and Morgan Legacy, LLC the following six courses North 05° 17' 12" West a distance of 147.30 feet to an iron pin; with a curve to the left having a radius of 3700.04 feet a chord bearing of North 01°54'30" East a chord distance of 414.96 to a point; thence North 01°18'23" West a distance of 386.13 feet to an iron pin; thence North 01°56'38" West a distance 200.08 feet to an iron pin and North 43°45'00" West a distance of 75.98 feet to an iron pin; thence South 47° 16' 59" West a distance of 191.47 feet to an existing concrete monument; thence South 45°41' 11" West a distance of 161.68 feet to a point; thence on a curve to the right having a radius of 5257.25 feet a chord bearing of South 48°21'40" West and a chord distance of 490.68 to a point; thence South 51°02' 10" West a distance of 163.20 to a point; thence South 53°37'52" West a distance of 210.13 feet to a point; thence South 56°46'05" West a distance of 82.81 feet to a point; thence North 35°44'28" West a distance of 28.49 feet to a point within US Hwy 64/276; thence North 50°49'22" East a distance of 235.45 feet to a point; thence North 42°49'22" East a distance of 651.86 feet to a point; thence North 49°05'25" West a distance of 25.01 feet to an existing concrete monument; thence North 45°34'25" East a distance of 852.68 feet to a point; thence North 57°09'49" West a distance of 348.49 feet to a point; thence North 07°55'16" East a distance of 199.32 feet to an existing concrete monument; thence South 52°45'41" East a distance of 154.29 feet to an iron pin; thence South 55°26'25" East a distance of 182.24 feet to an existing concrete monument; thence South 69°34'30" East a distance of 143.29 feet to an existing concrete monument; thence South 69°30'38" East a distance of 38.87 feet to a point; thence South 84°15'39" East a distance of 177.74 feet to an existing concrete monument; thence South 19°23'51" East a distance of 377.36 feet to an iron pin; thence South 27°07'47" East a distance of 69.29 feet to an iron pin; thence South 34°06'08" East a distance 216.05 feet to an iron pin; thence South 36°26' 11" East a distance of 203.50 feet to an iron pin; thence South 38°24'35" East a distance 186.80 feet to an iron pin; thence South 28°42'47" East a distance of 114.80 feet to an iron pin; thence South 25°30'22" East a distance of 264.06 feet to an iron pin; thence South 26° 18' 51" East a distance of 186.85 feet to an iron pin; thence South 37°34'53" East a distance of 72.96 feet to an iron pin; thence South 34°20'42" East a distance 116.35 to an iron pin; thence South 52°24'09" East a distance of 88.19 feet to an iron pin; thence North 52°26'50" East a distance of 91.32 feet to an iron pin; thence North 49°21'28" East a distance of 300.72 feet to an iron pin; thence South 61°02'28" East a distance of 160.42 to an existing concrete monument; thence South 13°13'30" West a distance of 311.95 feet to a 30" poplar tree; thence South 12°45'12" East a distance of 100.12 feet to an existing iron pin; thence South 37°29'21" East a distance of 202.90 feet to an existing concrete monument near the eastern margin of Davidson River Road; thence with Davidson River Road the following eleven courses South 02°34'02" West a distance of 484.13 feet to an existing concrete monument; South 01°24'35" West a distance of 110.44 feet to a mag nail; South 43°09'07" East a distance of 25.83 feet to a mag nail; South 12°30'22" East a distance of 226.16 feet to an iron pin; South 06°22'07" West a distance of 638.94 feet to an existing concrete monument; South 20°57'51" East a distance of 217.01 feet to an existing iron pin; South 32°17'32" East a distance of 245.36 feet to an existing iron pin; North 87° 12' II" West a distance 29.05 feet to an existing concrete monument; South 13°37'45" East a distance of 72.64 feet to a point; South 04°22'38" East a distance of 70.54 feet to an existing concrete monument; South 02°07'40" East a distance of 447.29 feet to a point; thence leaving Davidson River Road South 18°27'39" West a distance of 253.37 feet to point thence North 84°00'02" West a distance of 560.03 feet to a point; thence North 84°05'40" West a distance of 61.49 feet to a point; thence North 83°58'37" West a distance of 283.73 feet to a concrete monument at the Northwest corner of Tract 3; thence North 84°11'27" West a distance of 76.34 feet to an iron pin at the Northeast corner of Tract 4; thence with the Northern line of Tract 4 North 83°44'58" West a distance of 82.38 feet to an existing concrete monument at the Northwest corner of Tract 4; thence North 84°00'09" West a distance of 463.55 feet to a concrete monument at the Northeast corner of Tract 5; thence North 83°47'09" West a distance of 34.93 feet to an existing concrete monument; thence North 05°53'26" East a distance of 79.98 feet to an existing concrete monument; thence North 83°51'34" West a distance of 500.12 feet to an existing concrete monument; thence South 33°47' 18" East a distance of 125.11 feet to an existing concrete monument; thence South 08°47'31" West a distance of 50.80 feet to a point; thence North 32°36'03" West a distance of 201.25 feet to a point; thence North 27°25'O1" West a distance of 133.65 feet to a point; thence North 21°46'05" West a distance of 137.67 feet to a point; thence North 16°16'31" West a distance of 130.97 feet to a point; thence North 06°39' 13" West a distance of 364.31 feet to a point; thence North 03°58'24" East a distance of 176.09 feet to a point; thence North 05°44'49" East a distance of 137.78 feet to a point; thence North 06°09'28" East a distance of 149.51 feet to a point; thence North 07°06'48" East a distance of 387.26 feet to a point; thence North 85°31'39" West a distance of 33.00 feet to a point; thence North 07°17'49" East a distance of 270.60 feet to a point; thence North 80°58'24" West a distance of 15.42 feet to the point in place of the beginning containing 190.0 acres as shown on plat of survey by Robert C. Brown, PLS excepting herewith tract conveyed to Noah's Ark Inc. in deed book 336 page 131 and Lowe's Home Center Inc. deed book 286 page 504. Tract 2: Beginning on a point at the Northeast comer of David Crosby Reeves property as described in deed book 281 page 679; thence South 82°34'03" West a distance of 56.23 feet to a concrete monument; thence South 82°44'38" West a distance of 125.69 feet to a point; thence North 58°06'48" West a distance of 154.47 feet to a point; thence North 58°06'48" West a distance of 39.12 feet to a point in the Eastern line of tract 7; thence with the Eastern line of tract 7 the following three courses; North 13°30'22" East a distance of 216.20 feet to a point; thence North 07°44' 15" East a distance of 89.50 feet to a point; thence North 07°12'O1" East a distance of 245.02 feet to a point; thence leaving tract 7 South 84°00'02" East a distance of 560.03 feet to a point; thence South 14°26' 11" West a distance of 80.38 feet to a point; thence South 22°03'23" West a distance of 80.00 feet to a point; thence South 39°43' 17" West a distance of 210.00 feet to a point; thence South 31 ° 15'52" West a distance of 200.00 feet to a point; thence South 12°30'06" West a distance of 80.00 feet to the point and place of the beginning containing 6.20 acres as shown on plat by Robert C. Brown, P.L.S. with Ed Holmes and Associates dated 9/18/06. Tract 3: Beginning on an existing concrete monument at the Northeast corner of the Robert Wesley Hooper property, said monument standing South 84°11'27" East a distance of 76.34 feet from the Northeast corner of tract 4; thence from the beginning point thus established South 83°58'37' East a distance of 283.73 feet to a point; thence South 05°42'50" East a distance of 71.68 feet to a point; thence North 86°20'35" West a distance of 298.16 feet to an existing concrete monument; thence North 05°44'29" East a distance of 82.49 feet to the point and place of beginning containing 0.51 acres as shown on Plat of Survey by Robert C. Brown, P.L.S. with Ed Holmes and Associates Land Surveyors, PA Dated 09/18/2006. Tract 4: Beginning on a existing concrete monument at the northwest comer of tract # 4, said monument standing north 84° 00' 09" west a distance of 463.55 feet from an existing concrete monument at the northwest comer of the Solid Rock Baptist Church property; thence from the beginning point thus established South 83° 44' 58" East a distance of 82.38 feet to an iron pin; thence South 05° 24' 28" West a distance of 85.13 feet to an iron pin; thence North 86° 22' 58" West a distance of 82.77 feet to an iron pin; thence North 05° 38' 35" East a distance of 88.93 feet to the point place of beginning containing 0.16 acres, and shown on Plat of Survey by Robert C. Brown P.L.S. with Ed Holmes and Associates Land Surveyors, PA Dated 09/18/2006. Tract 5: Beginning on an existing concrete monument in the Northern line of tract 5 and being the Southeast corner of The Glenn Allen Rose property as described in deed book 289 at page 205; thence from the beginning point thus established South 83°47'09" East a distance of 34.93 feet to an existing concrete monument thence South 06°05'58" West a distance of 107.94 feet to an existing concrete monument; thence North 86°20' 16" West a distance of 99.51 feet to a PK nail; thence north 64°00'02" West a distance of 100.33 feet to an iron pin; thence South 84°37'03" West a distance of 14.68 feet to an existing concrete monument; thence North 30°16'52" West a distance of 33.69 feet to an existing concrete monument; thence North 03°48'02" West a distance of 54.39 feet to an existing concrete monument; thence South 83°59'23" East a distance of 202.55 feet to the point and place of beginning containing 0.52 acres and shown on Plat of Survey by Robert C. Brown, P.L.S. with Ed Holmes and Associates land Surveyors, PA dated 09/18/2006. Tract 6: Beginning at a concrete monument at the Northwest comer of tract 6; said monument standing South 00 °09'52" East a distance of 24.05 feet from the Southeast corner of tract number 5 of the Ecusta Plant and Property, thence from the beginning point thus established South 86° 20'59" East a distance of 171.63 feet to an existing concrete monument; thence South 05°07'45" West a distance of 91.11 feet to an iron pin; thence South 84°22'30" East a distance of 55.94 feet to a rebar; thence North 05°09'06" East a distance of 93.02 feet to an existing concrete monument; thence South 86°14'02" East a distance of 55.35 feet to an existing concrete monument; thence South 00°09'45" West a distance of 158.15 feet to an existing concrete monument; thence South 84°21'25" East a distance of 176.11 feet to an existing concrete monument; thence North 05°38'52" East a distance of 164.10 feet to an existing concrete monument; thence South 86°19'39" East a distance of 341.57 feet to a point; thence South 36°39'05' East a distance of 49.91 feet to an existing concrete monument; thence South 06°54'52" West a distance of 139.06 to and existing concrete monument; thence North 84°20'53" West a distance of 98.30 feet to an iron pin; thence South 06°00'14" West a distance of 99.14 feet to a concrete nail; thence South 84°20'36" East a distance of 74.99 feet to a point; thence South 19°12'57" West a distance of 30.86 feet to an existing concrete monument; thence South 35°56'46" West a distance of 166.04 feet to a point; thence North 78°39'23" West a distance of 42.09 feet to an existing concrete monument; thence North 78°49'09" West a distance of 214.39 feet to an existing concrete monument; thence North 78°15'34" West a distance of 169.58 feet to an existing concrete monument; thence North 03°16'56" East a distance of 89.24 feet to an existing concrete monument; thence North 87°01'48" West a distance of 132.20 feet to an existing concrete monument; thence North 41°12'40" West a distance of 66.05 feet to an existing concrete monument; thence North 33°02'06" West a distance of 35.88 feet to an existing concrete monument; thence South 57°55'57" West a distance of 193.12 feet to an existing concrete monument; thence North 35°41' 15" West a distance of 73.86 feet to an existing concrete monument; thence North 57°06'09" East a distance of 196.39 feet to an existing concrete monument; thence North 33°08'05" West a distance of 17.83 feet to an existing concrete monument; thence North 62°19'52" West a distance of 44.23 feet to an existing concrete monument; thence North 05°28' 11" East a distance of 130.98 feet to the point and place of beginning containing 6.04 acres as shown on Plat of Survey by Robert C. Brown, P.L.S. with Ed Holmes and Associates Land Surveyors, PA dated 09/18/2006. Tract 7: Beginning on a point at the Northwest comer of the David Crosby Reeves property as described in deed book 281 page 679 thence from the beginning point thus established South 13°38'33 West a distance of 730.27 feet to a point; thence South 19°05'52" West a distance of 68.02 feet to a point; thence South 32°08'22" West a distance of 94.90 feet to a point; thence South 41 °50' 53" West a distance of 90.70 feet to a point; thence South 64° 16' 00" West a distance of 83.07 feet to a point; thence South 80°45'04" West a distance 97.02 feet to a point; thence South 09°15'02" West a distance of 15.00 feet to a point; thence North 71°57'43" East a distance of 88.96 feet to a point; thence North 64°16'00 East a distance of 77.74 feet to a point; thence North 41°50'55" East a distance of 82.21 feet to a point; thence North 32°08'18" East a distance of 88.92 feet to a point; thence North 19°05'54" East a distance of 63.16 feet to a point; thence North 13°38'33" East a distance of 729.30 feet to a point; thence North 13°30'21" East a distance of 214.15 feet to a point; thence North 07°44'14" East a distance of 87.85 feet to a point; thence North 07°12'O1" East a distance of 97.81 feet to a point; thence North 04°08'35" West a distance of 77.33 feet to a point; thence North 05°53'52 West a distance 71.73 feet to a point; thence South 84°05'40" East a distance of 61.49 feet to a point; thence South 7 12'O1" West a distance of 245.02 feet to a point; thence South 07°44' 15" West a distance of 89.50 feet to a point; thence South 13°30'22" West a distance of 216.20 feet to the point and place of the beginning containing 1.2 acres as shown on plat of survey by Robert C. Brown, P.L.S. of Ed Holmes and Associates Surveyors dated 9/18/06. Tract 8: Beginning on concrete monument at the Southwestern corner of Excelsior Apartments Ltd. as shown in deed book 408 page 606 thence from the beginning point thus established South 80°49' 19" East a distance of 154.70 feet to an iron pin; thence South 07°24'50" West a distance of 155.62 feet to a concrete monument; thence North 81°30'09" West a distance of 155.00 feet to a concrete monument; thence North 07°32'22" East a distance of 157.45 feet to the point and place of the beginning containing 0.56 acres as shown on plat of survey by Robert C. Brown, P.L.S. of Ed Holmes and Associates dated 9/18/06. Tract 9: Being in the Brevard Township, Transylvania County, North Carolina and described as follows: Beginning at a concrete monument in the eastern line of tract 9 and at the western margin of Ecusta Road (SR 1512) said monument standing South 05°55'03" West at a distance of 760.49 feet from North Carolina Geodetic Survey Monument "Olin" having coordinates of North 572877.403 feet and East 894079.146 feet (established by OPUS solution); thence from the Beginning point thus established South 05°45'49" West a distance of 88.22 feet to an iron pin; thence North 79°02'30" West a distance of 127.71 feet to an existing concrete monument; thence North 11 °22'28" East a distance of 83.97 feet to an existing concrete monument; thence North 80°57' 15" West a distance of 315.45 feet to a 5/8" rebar set; thence North 06°52'12" East a distance of 658.12 feet to an existing concrete monument; thence North 06°56'35" East a distance of 34.82 feet to an iron pin set; thence North 38°41'48" West a distance of 400.11 feet to an existing concrete monument; thence North 58°59'23" West a distance 99.97 feet to a point; thence North 38°29'24" West a distance of 209.93 feet to a point; thence North 24°59'23" West a distance of 149.95 feet to a point; thence North 35°44'23" West a distance of 71.48 feet to a point at the southern right of way of US Hwy 64/276; thence with the southern right of way of Hwy 64/276 North 56°46'05" East a distance of 82.81 feet to a point; thence leaving the right of way South 27°00'40" East a distance of 209.92 feet to an existing concrete monument; thence South 26°51' 10" East a distance of 93.25 feet to a point; thence with a curve to the left having a radius of 209.96 feet a chord bearing of South 56°31'55" East and a chord distance of 206.44 feet to an existing iron pin; thence North 85°50'29" West a distance of 418.79 feet to a rebar; thence North 85°50'29" West a distance of 206.85 feet to an iron pin; thence on a curve to the left having a radius of 25.00 feet a chord bearing of North 48°29'09" East a chord length of 35.06 feet to an iron pin; thence South 05°41' 18" West a distance of 1123.12 feet to the point in place of beginning containing 12.99 acres; as shown on plat of survey by Robert C. Brown, PLS of Ed Holmes and Associates Land Surveyors, PA dated 9/18/2006. 3.90 Acre Tract: Beginning at a point in the center of US Hwy 64 said point standing North 66°30'46" West a distance of 64.78 feet from a point which is the Northeast corner of the Ecusta Real Estate 2, LLC property as described in deed book 183 page 765; thence from the beginning point thus established South 20°20'09" West a distance of 38.46 feet to a point; thence South 76°15'32" West a distance of 196.32 feet to a point; thence North 89°11'56" West a distance of 110.63 feet to a point; thence North 37°10'45" West a distance of 20.44 feet to a point; thence North 52°32'56" West a distance of 150.79 feet to a point; thence North 51°11'26" West a distance of 66.65 feet to a point; thence North 55°33' 17" West a distance of 130.64 feet to a point; thence North 71°56'52" West a distance of 76.34 feet to a point; thence North 88°14' 19" West a distance of 55.91 feet to a point; thence South 78°25'27" West a distance of 96.42 feet to a point; thence North 87°01'38" West a distance of 87.37 feet to a point; thence North 71°32'48" West a distance of 51.30 feet to a point; thence North 78°27'04" West a distance of 48.97 to a point; thence North 55°10' 11" West a distance of 49.20 feet to a point; thence North 12°29'13" East a distance of 55.99 feet to a point; thence South 55°06'03" East a distance of 57.87 feet to a point; thence South 81°46'47" East a distance of 55.77 feet to a point; thence South 78°21'31" East a distance of 54.54 feet to a point; thence North 28°51'53" East a distance of 126.84 feet to a point; thence North 28°47'44" East a distance of 75.12 feet to a point in the centerline of US Hwy 64 having a 150' right of way as per agreement 2/7/1956; thence with the centerline South 66°30'46" East a distance of 1089.56 feet to the point and place of the beginning containing 3.90 acres as shown on plat of survey by Robert C. Brown, PLS with Ed Holmes and Associates Land Surveyors Dated 9/18/06. 2008000465 TRANSYLVANIA CO, NC FEE $20.00 KO TAXABLE CONSIDERATION mmm PRESENTED & RECORDED: 01-25-2008 02:58:40 PM CINDY 1K OWNBEY REGISTER OF DEEDS BY: CINDY ld OWNBEY REGISTER BK : DOC 444 PG:530-532 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $ 0.00 Recording Time, Book and Page Tax Lot No.: Out of 8596-69-9440-000 Parcel Identifier No.: Verified by by Mail after recording to: Grantee This instrument was prepared by: Kennedy Covington Lobdell & Hickman, L.L.P. (ADP) County on the ay day of ,2008 Brief description for the Index: Ecusta Real Estate 2 Tract THIS DEED made as of thislIth day of January, 2008, by and between GRANTOR ECUSTA REAL ESTATE 2, LLC, a North Carolina limited liability company c/o Ecusta Business Development Center PO Box 1119 Pisgah Forest, North Carolina 28768 GRANTEE DAVIDSON RIVER VILLAGE, LLC, a Delaware limited liability company c/o Renova Partners LLC 36 Washington Street, Suite 250 Wellesley, Massachusetts 02116 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Brevard Township, Transylvania County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument(s) recorded in Book 183 at Page 765 in the Transylvania County, North Carolina, Public Registry (the "Registry"). TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. This conveyance of the property herein described is made subject to any and all easements, conditions, restrictions and other matters of record as they may lawfully affect title to the property described herein, and real estate taxes and assessments not yet due and payable. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed and delivered as of the day and year first above written. ECUSTA REAL ESTATE 2, LLC, a North Carolina limited liability company By: ECUSTA BUSINESS DEVELOPMENT CENTER LLC, a North Carolina limited liability company, its sole member and manager By: Name: . Roger 'Pe4;-� Title: fY1�t nocpc STATE OF NORTH CAROLINA COUNTY OF —ThQY)551vain j a..� I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Boer pt; t Date: January I # , 2008 �l,�t;!i1i�lJll f� [O E L �i �•:'°UBLIG JCV=- 0.1k14( Official mature of Notary Public E.1,ZQbetk A. U Se. Notary printed or typed name My commission expires: 9 ,25- 2,50 g Exhibit A 39.44 Acre Tract: Being in the Brevard Township, Transylvania County, North Carolina and described as follows: Beginning at a concrete monument in the eastern line of tract 9 and at the western margin of Ecusta Road (SR 1512) said monument standing South West at a distance of feet from North Carolina Geodetic Survey Monument "Olin" having coordinates of North 572877.403 feet and East 894079.146 feet (established by OPUS solution); beginning at a concrete monument at the Southwest comer of the James and Judith Mudrey property as described in deed book 367 PG 861; thence North 80°00'45" East a distance of 234.94 feet to an existing concrete monument; thence South 79°21' 10" East a distance of 139.68 feet to an existing concrete monument; thence South 62°57'54" East a distance of 350.16 feet to an existing concrete monument; thence South 63°05'19" East a distance of 189.87 feet to an existing concrete monument; thence South 61°36'S1" East a distance of 230.89 feet to an existing iron pipe; thence South 61°46'13" East a distance of 54.01 feet to a point; thence South 12°36'20" West a distance of 45.34 feet to a point; thence South 12°29'13" West a distance of 55.99 feet to a point; thence South 55° 10' 11" East a distance of 49.20 feet to a point; thence South 81 °52' 18" East a distance of 66.18 feet to point; thence South 78°27'04" East a distance of 48.97 feet to a point; thence South 71°32'48" East a distance of 51.30 feet to a point; thence South 87°01'38" East a distance of 87.37 feet to a point; thence North 78°25'27" East a distance of 96.42 feet to a point; thence South 88° 14' 19" East a distance of 55.91 feet to a point; thence South 81°47'03" East a distance of 87.22 feet to a point; thence South 71°56'52" East a distance of 76.34 feet to a point; thence South 55°33'17" East a distance of 130.64 feet to a point; thence South 51°11'26" East a distance of 66.65 feet to a point; thence South 52°32'56" East a distance of 150.79 feet to a point; thence South 37°10'45" East a distance of 20.44 feet to a point; thence South 89°11'56" East a distance of 110.63 feet to a point; thence North 76°15'32" East a distance of 196.32 to a point; thence North 20°20'09" East a distance of 38.46 feet to a point; thence South 66°30'46" East a distance of 64.78 feet to a point; thence leaving the centerline South 48°20'02" West a distance of 90.00 feet to an existing concrete monument; thence South 76° 19' 19" West a distance of 196.51 feet to an existing concrete monument; thence South 25°40'59" East a distance of 42.15 feet to an existing concrete monument; thence South 01°00'53" West a distance of 172.60 feet to an existing concrete monument; thence South 23°46'31" West a distance of 152.35 feet to an existing concrete monument; thence South 41°30'55" West a distance of 74.07 feet to an existing concrete monument; thence South 66°54'41" West a distance of 67.06 feet to a point; thence South 85°25'02" West a distance of 49.54 feet to an iron pin; thence South 75°18'56" West a distance of 56.74 feet to an iron pin; thence South 70°°19'28" West a distance of 376.61 feet to a concrete monument; thence South 61 °23' 19" West a distance of 93.15 feet to a concrete monument; thence North 61°02'28 West a distance of 160.42 feet to an iron pin; thence South 49°21'28" West a distance of 300.72 feet to an iron pin; thence South 52°26'50" West a distance of 91.32 feet to an iron pin; thence North 52°24'09' West a distance of 88.19 feet to an iron pin; thence North 34°20'42" West a distance of 116.35 feet to an iron pin; thence North 37°34'53" West a distance of 72.96 to an iron pin; thence North 26°18'51" West a distance of 186.85 feet to an iron pin; thence North 25°30'22" West a distance of 264.06 feet to an iron pin; thence North 28°42'47" West a distance of 114.80 feet to an iron pin; thence North 38°24'35" West a distance of 186.80 feet to an iron pin; thence North 36°26' 11" West a distance of 203.50 feet to an iron pin; thence North 34°06'08" West a distance of 216.05 feet to an iron pin; thence North 27°07'47" West a distance of 69.29 feet to an iron pin; thence North 19°23'51" West a distance of 377.36 feet to the point and place of the beginning containing 39.44 acres as shown on plat of survey by Robert C. 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