If you have questions or require additional information, please do not hesitate to contact us at (919)

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1 2725 East Millbrook Road Suite 121 Raleigh, NC Tel: Fax: N.C. Engineering License No. C-1598 May 13, 2013 Mr. Billy Meyer State of North Carolina Department of Environment and Natural Resources Division of Waste Management, Superfund Section 1646 Mail Service Center Raleigh, North Carolina RE: Risk Management Plan Columbia Laundry Summit Shopping Center 920 East Bessemer Avenue Greensboro, Guilford County, North Carolina ATC Project No DSCA Site Identification No Dear Mr. Meyer: ATC Associates of North Carolina, P.C. (ATC) is pleased to submit the enclosed Risk Management Plan (RMP) for the above referenced site. The results of a previous Risk Assessment indicated that contaminant concentrations at the site do not pose an unacceptable risk. The primary purpose of this RMP is to ensure that the assumptions made during the risk assessment remain valid in the future. Based on the documentation outlined in this report, ATC recommends issuance of a No Further Action letter for the site. If you have questions or require additional information, please do not hesitate to contact us at (919) Sincerely, ATC Associates of North Carolina, P.C. Genna K. Olson, P.G. Program Manager

2 RISK MANAGEMENT PLAN COLUMBIA LAUNDRY SUMMIT SHOPPING CENTER 920 EAST BESSEMER AVENUE GREENSBORO, GUILFORD COUNTY, NORTH CAROLINA ATC PROJECT NO DSCA SITE IDENTIFICATION NO MAY 13, 2013

3 Risk Management Plan Columbia Laundry Summit Shopping Center 920 East Bessemer Avenue Greensboro, Guilford County, North Carolina ATC Project No DSCA Site Identification No Prepared By: Submitted To: North Carolina Department of Environment and Natural Resources Division of Waste Management Superfund Section DSCA Program 1646 Mail Service Center Raleigh, North Carolina Prepared By: ATC Associates of North Carolina, P.C. Genna K. Olson, P.G East Millbrook Road, Suite 121 Program Manager Raleigh, North Carolina N.C. Professional Geologist #1660 Phone: (919) Fax: (919) May 13, 2013

4 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # TABLE OF CONTENTS 1.0 Introduction Objectives of RMP Summary of Approved Risk Assessment Report RAP Components Summary of Prior Assessment and Interim Actions Remedial Action Data Collected During RMP Implementation Land-Use Controls Long-Term Stewardship Plan RMP Implementation Schedule Criteria for Demonstrating RMP Success Contingency Plan if RMP Fails Conclusions and Recommendations APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Documentation of Plume Stability Evaluation Level 1 Ecological Risk Assessment Checklists Notice of Dry-cleaning Solvent Remediation for Source Property Notices of Dry-cleaning Solvent Remediation for Three Downgradient Impacted Properties Example of Annual Certification of Land-Use Restrictions Example Documents Announcing the Public Comment Period

5 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # INTRODUCTION ATC Associates of North Carolina, P.C. (ATC) has prepared this Risk Management Plan (RMP) for the Columbia Laundry site (DSCA Site # ) (herein referred to as the site ) on behalf of the North Carolina Department of Environment and Natural Resources (NCDENR) Drycleaning Solvent Cleanup Act (DSCA) Program. Columbia Laundry was formerly located in the Summit Shopping Center at 920 East Bessemer Avenue in Greensboro, Guilford County, North Carolina. Site assessment activities have confirmed that soil and groundwater contamination associated with the site is confined to the source property and three downgradient properties. This RMP is intended to comply with the requirements of the DSCA (N.C.G.S A et seqs) and promulgated rules and follows the outline provided in the DSCA Program s risk-based corrective action (RBCA) guidance. Note that a separate dry-cleaning solvent release occurred at the nearby Everhart Cleaners site located at 1000 Summit Avenue. The plumes from the two sites are comingled, but the Everhart Cleaners release is being addressed separately by the DSCA Program as DSCA Site No This RMP and associated closure activities apply only to the Columbia Laundry site and do not apply to the Everhart Cleaners site. 2.0 OBJECTIVES OF RMP ATC completed assessment activities at the site which indicated that tetrachloroethylene (PCE) and 1,1,2,2-tetrachlorethane are present in soil above unrestricted land-use standards on the source property, and PCE, trichloroethylene (TCE), cis-1,2-dichloroethylene (cis-1,2-dce), vinyl chloride, 1,2-dichloroethane, and diisopropyl ether are present in groundwater above Title 15A NCAC 2L.0202 Groundwater Standards (2L Standards) on the source property and two downgradient properties. The first downgradient impacted property is a residential apartment property encompassing several city blocks, which is owned by CH 17, LLC (CH 17). The two additional downgradient impacted properties consist of two parcels, both owned by Summit Shopping Center Co., LLC (Summit), which contain one Wells Fargo Bank building at 926 East Bessemer Avenue. ATC completed a Risk Assessment for the site on August 15, The 1

6 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # results of the Risk Assessment indicated that there are risks on the source property and three downgradient properties that do exceed target risk levels. However, the risks will be managed based on site-specific land-use conditions that have been selected as part of the evaluation and which require an RMP. Thus, the objective of the RMP is to ensure that those site-specific landuse conditions remain valid in the future. 3.0 SUMMARY OF APPROVED RISK ASSESSMENT REPORT Based on soil and groundwater impacts above unrestricted use levels, ATC completed a Risk Assessment report for the site on August 15, This section summarizes the final risk assessment, which resulted in the recommendation for no further action status. The first step in the risk assessment process consisted of development of an exposure model. Two exposure units were assigned, an On-Site Exposure Unit encompassing the source property where the former dry-cleaning facility was located, and Off-Site Exposure Unit #1 encompassing the area of the plume on the Summit and CH 17 properties. Complete exposure pathways identified for the On-Site Exposure Unit include indoor inhalation of vapor emissions, outdoor inhalation of vapor emissions, and surficial soil exposure by a current or future non-residential worker, future resident, or construction worker. The indoor inhalation pathway was evaluated using indoor air data collected in the former dry-cleaning space and the DSCA risk calculator. The remaining pathways were evaluated using soil and groundwater data and the Groundwater Services Inc. (GSI) risk software. The results of the risk assessment for the On-Site Exposure Unit indicated an exceedence of the allowable risk levels established by the DSCA Program for a resident, but no exceedences for a commercial worker or construction worker. To address the exceedence for residential use, ATC recommends a landuse restriction limiting land-use to commercial on the source property. The indoor inhalation pathway for the source property was evaluated using indoor air data and vapor intrusion characteristics could be variable for a newly constructed building. To address this risk, at the time of the prior Risk Assessment, ATC recommended a land-use restriction 2

7 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # specifying that no activities that cause or create a vapor intrusion risk may occur on the source property without prior approval of NCDENR (herein referred to as vapor control restriction ). As part of this RMP preparation, ATC also evaluated the risk based on sub-slab soil gas data in order to confirm whether the vapor control restriction is warranted. Calculation of cumulative risk using the previously collected sub-slab soil gas data and the DSCA Program s risk calculator indicated a cumulative carcinogenic risk of 2.77E-06 and hazard index of This hazard index is close to the unacceptable limit of 1 established by the DSCA Program. Therefore, ATC still recommends a vapor control restriction for the source property. Complete exposure pathways identified for Off-Site Exposure Unit #1 include indoor and outdoor inhalation of vapor emissions from groundwater by a current or future resident or future non-residential worker. The outdoor inhalation pathway was evaluated using groundwater data and the GSI software. Air samples were collected from the crawlspace of each apartment building to evaluate the indoor inhalation exposure pathway. (Note that no indoor air samples were collected in the bank building, but the apartment buildings overly the most highly impacted area of the plume and are therefore considered worst-case for this exposure unit.) All analytes were below detection levels for the air samples. Therefore, the indoor inhalation pathway is not considered a significant concern for the existing buildings. However, per the DSCA Program's current policy, if inhalation modeling is based solely on indoor air data, a vapor control restriction is needed to address the potential for alternate vapor intrusion characteristics for future constructed buildings. To evaluate whether a vapor control restriction is needed for the downgradient impacted properties, the indoor inhalation pathway was modeled using soil gas data collected in this exposure unit. The soil gas data were evaluated using the DSCA calculator. The results of the risk assessment for Off-Site Exposure Unit #1 indicated no exceedences for the most conservative residential scenario. Since the risk assessment passed based on soil gas data, which is not expected to vary for alternate building construction, a vapor control restriction does not appear to be warranted for Off-Site Exposure Unit #1. Furthermore, note that soil gas concentrations located off the source property do not exceed the DSCA Program s Tier 1 Residential Vapor Intrusion Screening Levels (VISLs) and no constituents of concern were 3

8 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # detected in air samples collected in the crawlspace of the downgradient apartments, which provides further assurance that a vapor control restriction does not appear to be warranted for Off-Site Exposure Unit #1. ATC also evaluated the protection of groundwater use pathway assuming a point-of-exposure (POE) at the downgradient boundary of the apartment complex property, approximately 640 feet southeast of the source area. Note that modeling under this scenario assumes that land-use controls restricting the installation of water supply wells will be implemented for the source property and three downgradient impacted properties. Also note that contaminated groundwater is present on additional nearby properties, but this contamination is attributed to releases at the nearby former Everhart Cleaners site and is therefore not covered in this risk assessment. The modeling results for the protection of groundwater use evaluation indicated no exceedences of Site Specific Target Levels (SSTLs) for source soil. PCE and vinyl chloride concentrations in the source groundwater area exceeded the SSTLs. However, plume stability monitoring has confirmed that the plume from Columbia Laundry is stable and the downgradient extent does not reach the POE. As such, the model results appear overly conservative and the protection of groundwater pathway is not considered a significant concern for the purposes of this risk assessment. Lastly, ATC evaluated the protection of surface water pathway assuming a POE at the nearest surface water body, an unnamed tributary to Muddy Creek, located approximately 1,240 feet to the east of the source area. No exceedences of SSTLs were identified for the protection of surface water pathway. Note that surface water sampling data has confirmed exceedences of Title 15A 2B Surface Water Standards (2B Standards) in Muddy Creek; however, the surface water impact is attributed to releases from the Everhart Cleaners site. The Risk Assessment concluded that the risks associated with the contamination could be managed through implementation of land-use controls for the source property and three downgradient properties, as detailed in this RMP. Therefore, the Risk Assessment dated August 15, 2012 recommended risk-based closure for the site. 4

9 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # Note that ATC re-evaluated the protection of groundwater use pathway using an increased infiltration rate, per the DSCA Program s latest guidance. The purpose of the evaluation was to determine whether a surface cover restriction is warranted in the soil source area to prevent increased infiltration. The results of the evaluation indicated no exceedences of SSTLs for source soil for the protection of groundwater use pathway, even using a conservative infiltration rate of 25% of precipitation. Therefore, the conclusions of the prior risk assessment do not change and a surface cover land-use restriction does not appear to be warranted for the site. The results of the infiltration evaluation were documented in a Risk Assessment Update dated April 13, RAP COMPONENTS 4.1 Summary of Prior Assessment and Interim Actions The Columbia Laundry dry-cleaning facility was operational from 1955 through Little is known about the operations of the dry-cleaning facility. The site was discovered during assessment work for the nearby Everhart Cleaners site (DSCA Site No ). A direct-push investigation conducted in July 2007 to assess the extent of groundwater impact associated with the Everhart Cleaners site revealed a potential secondary source. A review of historic records identified the former Columbia Laundry as the secondary source. On August 27, 2007, the property owner submitted a petition for certification of the site into the DSCA Program. The site was subsequently certified into the program on August 31, Between 2007 and 2009, ATC continued concurrent assessment of the Everhart Cleaners and Columbia Laundry sites. As part of these investigations, soil borings were advanced to characterize the extent of impacted soil associated with the Columbia Laundry site. The results of the soil assessment indicated generally low levels of impacted soil behind the former Columbia Laundry facility. The extent of impacted groundwater was initially assessed via a direct-push survey, followed by installation of permanent monitoring wells. The results of the groundwater assessment indicated a large plume of impacted groundwater originating at the Everhart Cleaners site and a smaller plume of impacted groundwater originating at the Columbia Laundry site. The two plumes comingled downgradient. Based on an evaluation of groundwater 5

10 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # data, ATC concluded that the portion of the plume associated with the Columbia Laundry site was confined to the Columbia Laundry source property and three downgradient properties, as previously discussed. Surface water samples collected from the downgradient Muddy Creek indicated impacts exceeding 2B Standards, but the impacts appeared to be associated with the Everhart Cleaners site rather than the Columbia Laundry site. The results of the assessment activities were documented in two Assessment Reports dated December 11, 2008, and October 2, Vapor intrusion sampling was initiated for the site in February 2010 in accordance with the DSCA Program s September 2009 Policy to Evaluate Indoor Air Quality at PCE DSCA Sites (Contractor Bulletin #30). Initially, sub-slab soil gas and indoor air samples were collected in the former Columbia Laundry tenant space (occupied by Payless Shoe Store at that time). The results of the sampling indicated no exceedences of the risk levels considered acceptable by the DSCA Program in indoor air. Refer to the risk assessment discussion in Section 3.0 for additional discussion of vapor intrusion risk evaluation. The results of the sampling were documented in a Soil Gas and Air Sampling Report dated May 14, Two quarterly groundwater monitoring events were completed in July and October 2010 to evaluate whether the groundwater plume is stable. These two events combined with the initial two sampling events performed during the assessment activities comprise the four events required by the 15A NCAC 2S for plume stability evaluation. Based on the results of the sampling events, ATC concluded that the plume associated with the Columbia Laundry site was stable. The results of the sampling were documented in an Annual Groundwater Monitoring Report dated January 5, Additional vapor intrusion sampling for off-source properties was initiated in September 2011 following reductions in the Tier 1 VISLs used by the DSCA Program. Initially, eight soil gas monitoring points were installed at strategic locations in road right-of-ways across the plume. Soil gas samples were initially screened using a ppb-rae photoionization detector (PID). Based on the PID screening, three samples were selected for laboratory analysis. The results of the laboratory analyses indicated exceedences of DSCA Tier 1 Residential VISLs in one soil gas 6

11 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # sample (SGMP-7). Based on this exceedence, indoor air sampling was subsequently completed in the apartment complex buildings. However, it should be noted that the impacts in sample SGMP-7 appeared to be related to the Everhart Cleaners release rather than the Columbia Laundry release. In December 2011, air samples were collected in the crawl spaces of 29 of the downgradient apartment buildings. The results of the indoor air sampling indicated detectable concentrations of PCE in five of the easternmost apartment buildings. However, the detections appeared to be related to the Everhart Cleaners site rather than the Columbia Laundry site. The detections did not exceed the risk levels considered acceptable by the DSCA Program. The results of the sampling were documented in a Vapor Intrusion Assessment Report dated April 19, ATC completed a Risk Assessment for the site on August 15, As discussed in Section 3.0, the Risk Assessment concluded that the contamination associated with the site does not present a significant risk. The purpose of this RMP is to ensure that the assumptions made in the risk assessment remain valid in the future. 4.2 Remedial Action According to the DSCA Program s RBCA guidance, no remedial action is necessary if four site conditions are met. Each of these conditions and their applicability to the subject site are addressed below. Condition 1: The dissolved plume is stable or decreasing. Based on a review of contaminant distribution and groundwater flow data, ATC has concluded that the extent of impacted groundwater associated with the Columbia Laundry site is limited to monitoring wells MW-6S, MW-6D, MW-7, MW-16S, and MW-22BR. Impacted groundwater in additional monitoring wells located further to the east is believed to be associated with releases at the nearby Everhart Cleaners. Constituents of concern (COCs) detected above 2L Standards in the monitoring wells associated with the Columbia Laundry site include PCE, TCE, cis-1,2-dce, vinyl chloride, benzene, 7

12 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # naphthalene, diisopropyl ether, and 1,2-dichloroethane. Benzene, naphthalene, and diisopropyl ether are not typical dry-cleaning solvents constituents and appear to be related to separate petroleum release incidents. Of the remaining compounds, PCE is the most widespread and present at the highest concentrations. Based on these data, ATC focused on the compound PCE for evaluation of plume stability. Four groundwater sampling events were completed between February 2008 and October 2010 to evaluate whether the plume is stable in preparation for possible site closure. The results of sampling events indicated PCE concentrations ranging from 1.3 milligrams per liter (mg/l) to less than mg/l. ATC prepared concentration versus time graphs for sampling events conducted at the site for PCE. The concentration versus time graphs show overall decreasing or stable trends in PCE concentrations. ATC typically would also prepare concentration versus distance graphs to evaluate plume stability. However, this was not considered feasible for this site since impacts in the downgradient wells are attributed to releases at the Everhart Cleaners site. Regardless, based on stable concentration in the source area and the estimated date of release (prior to dry-cleaning operation shutdown in 1964), ATC considers the available data sufficient to conclude the plume associated with the Columbia Laundry site is stable. Documentation of the plume stability evaluation, including PCE concentration versus time graphs, a table showing historical groundwater analytical data, and a figure showing monitoring well locations and the estimated PCE plume extent, are included in Appendix A. Refer to the Groundwater Monitoring Report dated January 5, 2011 for additional details regarding the plume stability evaluation. Condition 2: The maximum concentration within the exposure domain for every complete exposure pathway of any COC is less than ten times the representative concentration of that COC. ATC evaluated the representative concentrations calculated during the Risk Assessment and found that this condition has been met for all COCs and exposure pathways. 8

13 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # Condition 3: Adequate assurance is provided that the land-use assumptions used in the DSCA Program s RBCA process are not violated for current or future conditions. Land-use controls will be implemented for the source property and three downgradient properties to ensure the assumptions made in the Risk Assessment remain valid in the future. Refer to Section 6.0 for additional details regarding the proposed land-use controls for the site. Condition 4: There are no ecological concerns at the site. ATC completed a Level 1 Ecological Risk Assessment for the site in accordance with the DSCA Program s RBCA guidance. The results of the evaluation indicate that the release does not pose an unacceptable ecological risk. The completed Level 1 Ecological Risk Assessment Checklists A and B and associated attachments are included in Appendix B. The site s compliance with the four above referenced conditions confirms that the contaminant concentrations are not likely to pose an unacceptable risk either at present or in the future. The plume is expected to naturally attenuate over time and the appropriate remedial action is to implement land-use controls for the properties overlying the plume. 5.0 DATA COLLECTED DURING RMP IMPLEMENTATION No further sampling or other data collection activities are proposed for the site, assuming the assumptions detailed in this RMP remain valid. As such, this section is not applicable. 6.0 LAND-USE CONTOLS As discussed in detail in Section 3.0, the Risk Assessment for the site was based on the following assumptions: Land-use on the source property will be limited to non-residential; No activities that cause or create a vapor intrusion risk (for example, construction of subgrade structures that encounter contaminated soil or construction that places building 9

14 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # users in close proximity to contaminated groundwater) will occur on the source property without prior approval of NCDENR; and Groundwater will not be utilized on the source property or the three downgradient impacted properties (two Summit properties and CH 17 property). Land-use restrictions (LURs) will be implemented for the source property to ensure that land-use conditions are maintained and monitored until the LURs are no longer required for the site. Notices will be placed on the deeds of the three adjacent properties identifying the presence of groundwater contamination and citing regulations prohibiting the installation of a water supply well in a contaminated aquifer. Notices of Dry-cleaning Solvent Remediation (NDCSRs) were prepared for the source property and the three downgradient impacted properties to comply with the land-use control requirements. The NDCSR for the source property is included in Appendix C. The NDCSRs for the three downgradient impacted properties are included in Appendix D. Refer to the NDCSRs for the specific language to be incorporated to address each of the risk assessment assumptions detailed above. A plat showing the locations and types of dry-cleaning solvent contamination is included as an exhibit to each NDCSR. The locations of dry-cleaning solvent contamination are where contaminants have been detected above unrestricted use standards. 7.0 LONG-TERM STEWARDSHIP PLAN The NDCSR for the source property contains a clause which requires that the owner of the property submit notarized Annual Certification of Land-Use Restrictions to NCDENR on an annual basis certifying that the NDCSR remains recorded with the Register of Deeds and that land-use conditions have not changed. An example of such a certification is included in Appendix E. 8.0 RMP IMPLEMENTATION SCHEDULE Since the contamination is stable and possible exposure to the contamination is managed through the NDCSRs, no additional remediation activities are required to implement the RMP. A 30-day public comment period will be held to allow the community an opportunity to comment on the 10

15 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # proposed strategy. Appendix F includes example documents used to announce the public comment period in the local newspaper and to inform local officials, nearby property owners, and interested parties. As such, upon completion of the public comment period and final approval of the RMP, the NDCSRs will be filed with the Guilford County Register of Deeds and will complete the RMP schedule. 9.0 CRITERIA FOR DEMONSTRATING RMP SUCCESS The RMP will be successfully implemented once the required NDCSRs have been executed and recorded with the Guilford County Register of Deeds. The NDCSR for each property may, at the request of the owner of the property, be canceled by NCDENR after the risk to public health and the environment associated with the dry-cleaning solvent contamination and any other contaminants included in the dry-cleaning solvent assessment and remediation agreement has been eliminated as a result of remediation of the property. If NCDENR is notified of a change in site conditions, per the notification requirements detailed in the NDCSR, the RMP will be reviewed to determine if the site conditions have impacted the requirements set forth in the NDCSR and if changes are required. Enforcement of the RMP will be maintained through receipt of the Annual Certification of Land-Use Restrictions from the property owner as part of the NDCSR requirements CONTINGENCY PLAN IF RMP FAILS As discussed above, unless the DSCA Program is notified of a change in land-use conditions at the site, per the notification requirements detailed in this plan, the RMP will remain in effect until the RMP has met its objectives and is considered a success. Pursuant to N.C.G.S K, if any of the LURs set out in the NDCSR are violated, the owner of the site property at the time the LURs are violated, the owner s successors and assigns, and the owner s agents who directed or contracted for alteration of the site in violation of the LURs, shall be held liable for the remediation of all contaminants to unrestricted use standards. 11

16 Risk Management Plan Columbia Laundry ATC Associates of North Carolina, P.C. DSCA ID # CONCLUSIONS AND RECOMMENDATIONS ATC has prepared this RMP for the Columbia Laundry site on behalf of the NCDENR DSCA Program. The results of a Risk Assessment indicated that contaminant concentrations at the site do not pose an unacceptable risk. The contaminant plume associated with the site appears stable or decreasing. This RMP specifies that the NDCSR requirements provide notification that landuse conditions observed during the risk assessment evaluation remain valid in the future. Based on the documentation contained in this report, ATC recommends issuance of a No Further Action letter. 12

17 APPENDIX A DOCUMENTATION OF PLUME STABILITY EVALUATION

18

19 Table 1: Analytical Data for Groundwater ADT 5 DSCA ID No.: Groundwater Sampling Point Sampling Date (mm/dd/yy) 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethanae 1,1-Dichloroethane 1,1-Dichloroethylene 1,2-Dichloroethane (EDC) Benzene Benzo(a)pyrene Carbon tetrachloride Chloroform 2/19/08 <0.005 < <0.005 < J <0.005 < NA < < <0.005 <0.005 < J J <0.005 [mg/l] cis-1,2-dichloroethylene Ethylbenzene Methyl tert-butyl ether (MTBE) Naphthalene Tetrachloroethylene Toluene trans-1,2-dichloroethylene Trichloroethylene Vinyl chloride Xylenes (total) MW-6S 2/18/09 <0.001 <0.001 <0.001 < J <0.001 NA <0.001 < <0.001 <0.001 < J < /16/10 <0.005 < <0.005 < <0.005 < J NA < < <0.005 <0.005 <0.005 < < J 0.001J < /20/10 <0.005 < <0.005 < <0.005 <0.005 < NA < J <0.005 <0.005 < J J < < /19/08 <0.005 < <0.005 < < J < NA < < <0.005 <0.005 < J J J MW-6D 2/18/09 <0.001 <0.001 <0.001 <0.001 < <0.001 NA <0.001 < <0.001 <0.001 < <0.001 < < /20/10 <0.005 < <0.005 < < J < NA < J J <0.005 <0.005 <0.005 < <0.005 <0.005 < < < /19/08 <0.005 < <0.005 < < < NA < < J <0.005 <0.005 < <0.005 < < <0.005 MW-7 2/19/09 <0.001 <0.001 < J < <0.001 NA <0.001 < <0.001 <0.001 < <0.001 < <0.001 < /16/10 <0.005 < <0.005 < < < NA < < J < J < <0.005 < < < /20/10 <0.005 < < < < NA < < J <0.005 <0.005 < <0.005 < < < /6/08 <0.005 < <0.005 < <0.005 < NA < <0.005 < < < <0.005 <0.005 <0.005 < MW-16S 2/20/09 <0.001 <0.001 < J <0.001 <0.001 <0.001 NA <0.001 <0.001 < < <0.001 <0.001 <0.001 < /16/10 <0.005 < <0.005 < <0.005 <0.005 < NA < <0.005 < < J < <0.005 <0.005 < < J 10/20/10 <0.005 < <0.005 < <0.005 <0.005 < NA < <0.005 < < J < <0.005 <0.005 < < MW-16D MW-17 MW-18S MW-18I MW-18D 8/6/08 <0.005 < <0.005 < <0.005 < NA < <0.005 < J < J < <0.005 <0.005 <0.005 < J 2/20/09 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 NA <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 < <0.001 <0.001 <0.001 <0.001 < /6/08 <0.005 < <0.005 < <0.005 <0.005 < NA < <0.005 <0.005 <0.005 <0.005 <0.005 < <0.005 <0.005 <0.005 < < /20/09 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 NA <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 < <0.001 <0.001 <0.001 <0.001 < /6/08 <0.005 < <0.005 < <0.005 <0.005 < NA < J <0.005 <0.005 <0.005 <0.005 < <0.005 <0.005 <0.005 < < /17/09 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 NA < <0.001 <0.001 <0.001 <0.001 < <0.001 <0.001 <0.001 <0.001 < /6/08 <0.005 < <0.005 < <0.005 <0.005 < NA < J <0.005 <0.005 <0.005 <0.005 < <0.005 <0.005 <0.005 < < /17/09 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 NA <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 < <0.001 <0.001 <0.001 <0.001 < /6/08 <0.005 < <0.005 < <0.005 <0.005 < NA < J <0.005 < J <0.005 < <0.005 <0.005 <0.005 < < /17/09 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 <0.001 NA <0.001 <0.001 <0.001 < <0.001 < <0.001 <0.001 <0.001 <0.001 <0.001 MW-22BR 2/18/09 <0.001 <0.001 <0.001 <0.001 < <0.001 NA < J <0.001 <0.001 <0.001 < <0.001 <0.001 <0.001 <0.001 <0.001 NC 2L Standard x x

20 Table 1(1): Analytical Data for Groundwater (User Specified Chemicals) ADT 5(1) DSCA ID No.: Groundwater Sampling Point Sampling Date (mm/dd/yy) Acetone Diisopropyl ether Methylene chloride 2-Butanone Chloromethane Vinyl acetate Chlorobenzene Carbon disulfide Chloroethane 4-Methyl-2-pentanone 2/19/ J 0.01 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 [mg/l] MW-6S 2/18/09 < <0.001 <0.001 <0.001 < J < J < /16/ J J <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /20/ J < J <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 2/19/ J <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 MW-6D 2/18/09 < <0.001 <0.001 <0.001 <0.005 < J <0.001 < /20/10 < <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 2/19/08 < <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 MW-7 2/19/09 < <0.001 <0.001 <0.001 <0.005 <0.001 <0.001 <0.001 < /16/10 < <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /20/10 < <0.005 <0.01 < <0.005 <0.005 <0.01 <0.01 8/6/ J <0.005 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.001 MW-16S 2/20/09 <0.005 <0.001 < <0.001 <0.005 <0.001 <0.001 <0.001 < /16/10 <0.05 <0.005 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /20/10 <0.05 <0.005 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 <0.01 MW-16D MW-17 MW-18S MW-18I MW-18D 8/6/08 < J <0.005 <0.01 < J <0.005 <0.005 <0.01 < /20/09 <0.005 <0.001 <0.001 <0.001 <0.001 <0.005 <0.001 <0.001 <0.001 < /6/08 <0.05 <0.005 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /20/09 <0.005 <0.001 <0.001 <0.001 <0.001 <0.005 <0.001 <0.001 <0.001 < /6/08 <0.05 < J <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /17/09 <0.005 < J <0.001 <0.001 <0.005 <0.001 <0.001 <0.001 < /6/08 <0.05 < J <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /17/09 <0.005 <0.001 <0.001 <0.001 <0.001 <0.005 <0.001 <0.001 <0.001 < /6/08 <0.05 <0.005 <0.005 <0.01 <0.005 <0.01 <0.005 <0.005 <0.01 < /17/09 <0.005 <0.001 <0.001 < J <0.005 <0.001 <0.001 <0.001 <0.001 MW-22BR 2/18/09 < <0.001 <0.001 <0.005 < J <0.001 <0.001 NC 2L Standard NE

21 1.4 MW-6S & MW-6D Concentration of PCE in Groundwater over Time 2/18/ Concentration of PCE (mg/l) /19/ /19/ /18/ /16/10 < /20/ /20/10 < MW-6S MW-6D

22 0.08 MW-7 Concentration of PCE in Groundwater over Time /19/ Concentration of PCE (mg/l) /19/ /16/ /20/

23 0.014 MW-16S & MW-16D Concentration of PCE in Groundwater over Time /20/ Concentration of PCE (mg/l) /6/08 < /6/08 < /20/09 < /16/10 < /20/10 < MW-16S MW-16D

24 APPENDIX B LEVEL 1 ECOLOGICAL RISK ASSESSMENT CHECKLISTS

25 Appendix A Ecological Risk Assessment Level 1 Columbia Laundry 920 East Bessemer Avenue Greensboro, Guilford County, NC ATC Project No: DSCA Site ID: Checklist A 1. Are there navigable water bodies or tributaries to a navigable water body on or within the one-half mile of the site? Based on the USGS Greensboro Quadrangle Topographic map and the United States Fish and Wildlife (USFWS), Muddy Creek is located approximately 1,240 feet southeast of the site. See the topographic map in Attachment 1 and the USFWS Ecos Map in Attachment Are there any water bodies anywhere on or within the one-half mile of the site? Based on the USGS Greensboro Quadrangle Topographic map and the USFWS Ecos Map, Muddy Creek is located approximately 1,240 feet southeast of the site. 3. Are there any wetland areas such as marshes or swamps on or within one-half mile of the site? Based on the USFWS Ecos Map, there are no marshes or swamps located within one-half mile of the site. 4. Are there any sensitive environmental areas on or within one-half mile of the site? Based on a review of the USFWS online database, Muddy Creek is considered a sensitive area. There are no listed critical habitats or significant natural areas within one-half mile of the site. 5. Are there any areas on or within one-half mile of the site owned or used by local tribes? Based on historical research, no tribal artifacts or lands have been identified on or within one-half mile of the site. 6. Are there any habitat, foraging area or refuge by rare, threatened, endangered, candidate and/or proposed species (plants or animals), or any otherwise protected species on or within one-half of the site? Based on USFWS online data, no critical habitats, wildlife refuges or wilderness areas are located within one-half mile of the site. 7. Are there any breeding, roosting or feeding areas by migratory bird species on or within onehalf of the site?

26 The Migratory Bird Treaty Act was developed to help reduce potential migratory bird strikes with aircraft, wind turbines and towers. Many species of birds are protected that are common to the United States, Canada, and Mexico. Therefore, many species of birds in Guilford County (e.g., Bald Eagle, Canadian Goose, Mourning Dove) are likely to be within one-half mile of the site. 8. Are there any ecologically, recreationally, or commercially important species on or within one-half mile of the site? Based on site observations and desktop review, ecologically important species may be found in or around Muddy Creek. However, recreational or commercially important species are not likely to be located within one-half mile of the site. 9. Are there any threatened and/or endangered species (plant or animal) on or within one-half mile of the site? ATC reviewed the USFWS online species list for federally listed species. The following species were identified within Guilford County: Isotria medeoloides Small Whorled Pogonia: Threatened ATC also reviewed the North Carolina Heritage online quadrangle species list for state listed species. No threatened or endangered species were identified within the Greensboro Quadrangle. Based on the desktop review, it is unlikely that the small whorled pogonia would be located within one-half mile of the site due to urban development.

27 Checklist B 1A. Can chemicals associated with the site leach, dissolve, or otherwise migrate to groundwater? Yes. The primary constituent of concern is tetrachloroethylene (PCE). Based on published references (EPA, 2006), PCE is leachable to groundwater and is slightly soluble in groundwater. Furthermore, impacted groundwater has been confirmed at the site. 1B. Are chemicals associated with the site mobile in groundwater? Yes. Chemical mobility is primarily influenced by the chemical solubility and soil-water partition coefficient. Based on these values, PCE is classified as moderately mobile (Fetter, 1988). 1C. Does groundwater from the site discharge to an ecological receptor habitat? The primary ecological receptor habitat identified in the site vicinity is Muddy Creek, located approximately 1,240 feet southeast of the site. Groundwater assessment data indicates the plume associated with the Columbia Laundry site extends approximately 800 feet downgradient and is stable. As such, the Columbia Laundry plume appears unlikely to impact the downgradient surface water body. However, it should be noted that impacts have been detected in the surface water body that are attributed to releases at the nearby Everhart Cleaners site. 1. Could chemicals associated with the site reach ecological receptors through groundwater? No. As discussed above, the plume associated with the Columbia Laundry site does not appear likely to reach the nearest ecological receptor habitat. 2A. Are chemicals present in surface soils on the site? Yes. Surficial soils have been impacted at the site. PCE has been detected at a concentration of milligrams per kilogram (mg/kg) in surfical soil. 2B. Can chemicals be leached from or be transported by erosion of surface soil on the site? No. The impacted surficial soils are covered by pavement. Therefore, erosion and transport of impacted surficial soils from the site does not appear likely. 2. Could chemicals associated with the site reach ecological receptors through runoff or erosion? No. Low concentrations of PCE have been identified in surficial soil, but the soil is located in a paved area where runoff or erosion appears unlikely. 3A. Are chemicals present in the surface soil or on the surface of the ground?

28 Yes. Impacted surficial soils have been documented at the site. 3B. Are potential ecological receptors on the site. No. Pavement associated with an active shopping center is present over the area of impacted surficial soil, so potential ecological receptors are unlikely to be present. 3. Could chemicals associated with the site reach ecological receptors through direct contact? No. Surficial impacted soil has been identified, but it is located below pavement associated with an active shopping center, so ecological receptors are unlikely to be present. 4A. Are chemicals on the site volatile? Yes. Chlorinated solvents are considered volatile organic compounds. 4B. Could chemicals on the site be transported in air as dust or particulate matter? No. The area of impacted surficial soil is paved so generation of dust or particulate matter is unlikely. In addition, concentrations are sufficiently low such that significant volatilization is not likely. 4. Could chemicals associated with the site reach ecological receptors through inhalation of volatilized chemicals or adhered chemicals to dust in ambient air or in subsurface burrows? No. As discussed above, erosion of impacted soils or significant volatilization from impacted soils appears unlikely. 5A. Is Non-Aqueous Phase Liquid (NAPL) present at the site? No. NAPL has not been encountered at the site. 5B. Is NAPL migrating? No. NAPL has not been encountered at the site. 5C. Could NAPL discharge occur where ecological receptors are found? No. NAPL has not been encountered at the site. 5. Could chemicals associated with the site reach ecological receptors through migration of NAPL? No. NAPL has not been encountered at the site.

29 6A. Are chemicals present in surface and shallow subsurface soils or on the surface of the ground? Yes. Impacted surficial soils have been documented at the site. 6B. Are chemicals found in the soil on the site taken up by plants growing on the site? No. The area of impacted surficial soils is paved so no plants are present. 6C. Do potential ecological receptors on or near the site feed on plants (e.g., grasses, shrubs, forbs, trees, etc.) found on the site? No. The area of impacted surficial soils is located below pavement associated with an active shopping center. As such, no plants are present and ecological receptors are also unlikely to be present. 6D. Do chemicals found on the site bioaccumulate? No. Based on published references (U.S. Agency for Toxic Substances and Disease Registry, 1997), PCE does not significantly bioaccumulate. 6. Could chemicals associated with the site reach ecological receptors through direct ingestion of soil, plants, animals, or contaminants? No. Based on pavement overlying impacted surficial soils, low contaminant concentrations in surficial soils, commercial site environment, and absence of bioaccumulation for the chemicals of concern, it is not anticipated that chemicals associated with the site would reach ecological receptors through direct ingestion of soil, plants, animals, or contaminants.

30 Attachment 1: USGS Greensboro Quadrangle, Guilford County, NC DSCA Site , Columbia Laundry (Source: Topozone.com) SITE ½ mile radius

31 Attachment 2: USGS Greensboro Quadrangle, Guilford County, NC DSCA Site: , Columbia Laundry (Source: Ecos Map, USFWS) Map Legend 1/2 mile radius SITE

32 APPENDIX C NOTICE OF DRY-CLEANING SOLVENT REMEDIATION FOR SOURCE PROPERTY

33 NOTICE OF DRY-CLEANING SOLVENT REMEDIATION Property Owner: Summit Shopping Center Co., LLC Recorded in Book, Page Associated plat recorded in Plat Book, Page This documentary component of a Notice of Dry-Cleaning Solvent Remediation (hereinafter Notice ) is hereby recorded on this day of, 20 by Summit Shopping Center Co., LLC (hereinafter Property Owner ). The survey plat component of the Notice is being recorded concurrently with this documentary component. The real property (hereinafter Property ) which is the subject of this Notice is located at 920 East Bessemer Avenue, Greensboro, Guilford, North Carolina, Parcel Identification Number (PIN) The Property is contaminated with dry-cleaning solvent, as defined at North Carolina General Statutes (hereinafter N.C.G.S. ), Section (hereinafter ) B(b)(9) and other contaminants, and is one of four parcels that make up the drycleaning solvent contamination site (hereinafter Contamination Site ). This Notice has been approved by the North Carolina Department of Environment and Natural Resources, or its successor in function (hereinafter DENR ) under the authority of the Dry-Cleaning Solvent Cleanup Act of 1997, as amended, N.C.G.S A et seq. (hereinafter DSCA ), and is required to be filed in the Register of Deeds' Office in the county or counties in which the land is located, pursuant to NCGS M. A Notice will be recorded separately in each chain of title of the Contamination Site. Soil and groundwater at the Property are contaminated with dry-cleaning solvents associated with dry-cleaning operations at the former Columbia Laundry (DSCA Site ) located at 920 East Bessemer Avenue, Greensboro, in the Summit Shopping Center. Drycleaning operations were conducted on the Property from approximately 1955 to Pursuant to N.C.G.S M, this Notice is being filed in order to reduce or eliminate the danger to public health or the environment posed by the Property. Attached hereto as Exhibit A is a reduction, to 8 1/2" x 11", of the survey plat component of the Notice required by N.C.G.S M. The survey plat has been prepared and certified by a professional land surveyor and meets the requirements of G.S , and contains the following information required by N.C.G.S M:

34 (1) A description of the location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks; and (2) The type, location and quantity of regulated dry-cleaning solvent contamination and other contaminants known to exist on the Property. Attached hereto as Exhibit B, is a legal description of the Property that would be sufficient as a description in an instrument of conveyance. Pursuant to NCGS M, a certified copy of this Notice must be filed within 15 days of receipt of DENR's approval of the Notice or the effective date of the dry-cleaning solvent remediation agreement, whichever is later. Pursuant to NCGS M, the copy of the Notice certified by DENR must be recorded in the grantor index under the names of the owners of the land. LAND-USE RESTRICTIONS NCGS M requires that the Notice identify any restrictions on the current and future use of the 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 in the dry-cleaning remediation agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DENR, or his/her designee, after the hazards have been eliminated, pursuant to NCGS M. Those restrictions are hereby imposed on the Property, and are as follows: 1. The Property shall be used exclusively for retail, commercial or industrial purposes and related amenities (parking, landscape areas and walkways), and all other uses of the Property are prohibited except as approved in writing by DENR. 2. Without prior written approval from DENR, the Property shall not be used for: a. child care centers or schools; or b. mining or extraction of coal, oil, gas or any mineral or non-mineral substances. 3. No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools that use groundwater, or construction or excavation activities that encounter or expose groundwater) may occur on the Property without prior approval of DENR. 4. No activities that cause or create a vapor intrusion risk (for example, construction of sub-grade structures that encounter contaminated soil or construction that places building users in close proximity to contaminated groundwater) may occur on the Property without prior approval of DENR.

35 5. In January of each year, on or before January 31 st, the owner of any portion of the Property shall submit a notarized Annual DSCA Land-Use Restrictions Certification to DENR certifying that this Notice remains recorded at the Register of Deeds office, and that the Land-Use Restrictions are being complied with. 6. No person conducting environmental assessment or remediation at the Property or involved in determining compliance with applicable land-use restrictions, at the direction of, or pursuant to a permit or order issued by DENR may be denied access to the Property for the purpose of conducting such activities. 7. The owner of any portion of the Property shall cause the instrument of any sale, lease, grant, or other transfer of any interest in the property to include a provision expressly requiring the lessee, grantee, or transferee to comply with this Notice. The failure to include such a provision shall not affect the validity or applicability of any land-use restriction in this Notice. EASEMENT (RIGHT OF ENTRY) The property owner grants and conveys to DENR, its agents, contractors, and employees, and any person performing pollution remediation activities under the direction of DENR, access at reasonable times and under reasonable security requirements to the Property to determine and monitor compliance with the land-use restrictions set forth in this Notice. Such investigations and actions are necessary by DENR to ensure that use, occupancy, and activities of and at the Property are consistent with the land-use restrictions and to ensure that the structural integrity and continued effectiveness of any engineering controls (if appropriate) described in the Notice are maintained. Whenever possible, at least 48 hours advance notice will be given to the Property Owner prior to entry. Advance notice may not always be possible due to conditions such as response time to complaints and emergency situations. REPRESENTATIONS AND WARRANTIES The Property Owner hereby represents and warrants to the other signatories hereto: i) that the Property Owner is the sole owner of the Property; or that the Property Owner has provided to DENR the names of all other persons that own an interest in or hold an encumbrance on the Property and have notified such persons of the Property Owner s intention to enter into this Notice; ii) that the Property Owner has the power and authority to enter into this Notice, to grant the rights and interests herein provided and to carry out all obligations hereunder; and iii) that this Notice will not materially violate or contravene or constitute a material default under any other agreement, document or instrument to which the Property Owner is a party or by which the Property Owner may be bound or affected.

36 ENFORCEMENT The above land-use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land-use restrictions shall be enforced by any owner of the Property. The land-use restrictions may also be enforced by DENR through the remedies provided in NCGS P or by means of a civil action; by any unit of local government having jurisdiction over any part of the Property; and by any person eligible for liability protection under the DSCA who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Declaration without the approval of the Secretary of DENR (or its successor in function), or his/her delegate, shall be subject to enforcement by DENR to the full extent of the law. Failure by any party required-or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. If a land-use restriction set out in this Notice required under NCGS M is violated, the owner of the Property at the time the land-use restriction is violated, the owner s successors and assigns, and the owner s agents who direct or contract for alteration of the contamination site in violation of a land-use restriction shall be liable for remediation of all contaminants to unrestricted use standards. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Property is sold, leased, conveyed or transferred, pursuant to NCGS M the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Property has been contaminated with dry-cleaning solvent and, if appropriate, cleaned up under the DSCA. The Property Owner shall notify DENR within fourteen (14) calendar days of the effective date of any conveyance, grant, gift, or other transfer, whole or in part, of the Owner s interest in the property, but such notification requirement does not apply with regard to the Property Owner s execution of a lease of any portion of the Property. This Notice shall include the name, business address and phone number of the transferee and the expected date of transfer.

37 PROPERTY OWNER SIGNATURE IN WITNESS WHEREOF, Property Owner has caused this instrument to be duly executed this day of, 20. Summit Shopping Center Co., LLC By: Name of contact STATE OF COUNTY OF I,, a Notary Public of the county and state aforesaid, certify that personally came before me this day and acknowledged that he/she is a Member of Summit Shopping Center Co., LLC, a North Carolina limited liability corporation, and its Manager, and that by authority duly given and as the act of the company, the foregoing Notice of Dry-Cleaning Solvent Remediation was signed in its name by him. WITNESS my hand and official stamp or seal, this day of, 20. Name typed or printed Notary Public My Commission expires: [Stamp/Seal] APPROVAL AND CERTIFICATION The foregoing Notice of Dry-Cleaning Solvent Remediation is hereby approved and certified. North Carolina Department of Environment and Natural Resources By: Jim Bateson, LG Date Chief, Superfund Section Division of Waste Management

38 LIMITED POWER OF ATTORNEY I Property Owner, do hereby grant a limited power of attorney to DENR and to DENR s independent contractors, as follows: DENR and DENR s independent contractors shall have the limited power of attorney to record this Notice, including its documentary and survey plat components, in accordance with N.C.G.S M on my Property Owner behalf. This limited power of attorney shall terminate upon completion of the recordation of the Notice. Signature of Property Owner Dated this day of, 20. STATE OF COUNTY OF I,, a Notary Public, do hereby certify that personally appeared before me this day and signed this Limited Power of Attorney. WITNESS my hand and official stamp or seal, this day of, 20. Name typed or printed Notary Public My Commission expires: [Stamp/Seal]

39 CERTIFICATION OF REGISTER OF DEEDS The foregoing documentary component of the Notice of Dry-Cleaning Solvent Remediation, and the associated plat, are certified to be duly recorded at the date and time, and in the Book and on the Page(s), shown on the first page hereof. Register of Deeds for Guilford County By: (signature) Date Name typed or printed: Deputy/Assistant Register of Deeds

40 EXHIBIT A REDUCTION OF SURVEY PLAT

41

42 EXHIBIT B PROPERTY LEGAL DESCRIPTION

43 APPENDIX D NOTICES OF DRY-CLEANING SOLVENT REMEDIATION FOR THREE DOWNGRADIENT IMPACTED PROPERTIES

44 NOTICE OF DRY-CLEANING SOLVENT REMEDIATION Property Owner: Summit Shopping Center Co., LLC Recorded in Book, Page Associated plat recorded in Plat Book, Page This documentary component of a Notice of Dry-Cleaning Solvent Remediation (hereinafter Notice ) is hereby recorded on this day of, 20. The survey plat component of the Notice is being recorded concurrently with this documentary component. The real property (hereinafter Property ) which is the subject of this Notice is located at 926 East Bessemer Avenue, Greensboro, Guilford County, North Carolina, Parcel Identification Number (PIN) The Property is contaminated with dry-cleaning solvent, as defined at North Carolina General Statutes (hereinafter N.C.G.S. ), Section (hereinafter ) B(b)(9), and other contaminants and is one of four parcels that make up the dry-cleaning solvent contamination site (hereinafter Contamination Site ). This Notice has been approved by the North Carolina Department of Environment and Natural Resources, or its successor in function (hereinafter DENR ) under the authority of the Dry-Cleaning Solvent Cleanup Act of 1997, as amended, N.C.G.S A et seq. (hereinafter DSCA ), and is required to be filed in the Register of Deeds' Office in the county or counties in which the land is located, pursuant to NCGS I. A Notice will be recorded separately in each chain of title of the Contamination Site. Groundwater under the Property is contaminated with dry-cleaning solvents associated with dry-cleaning operations at the former Columbia Laundry (DSCA Site ) located at 920 East Bessemer Avenue, Greensboro, in the Summit Shopping Center. A risk assessment of the contaminated property concluded that the contamination poses no unacceptable risk as long as groundwater on the property is not used as a source of water for any water supply wells. Pursuant to N.C.G.S I, this Notice is being filed in order to reduce or eliminate the danger to public health or the environment posed by the Property. Attached hereto as Exhibit A is a reduction, to 8 1/2" x 11", of the survey plat component of the Notice required by N.C.G.S M. The survey plat has been prepared and certified by a professional

45 land surveyor and meets the requirements of G.S , and contains the following information required by N.C.G.S M: (1) A description of the location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks; and (2) The type, location and quantity of regulated dry-cleaning solvent contamination and other contaminants known to exist on the Property. Attached hereto as Exhibit B is a legal description of the Property that would be sufficient as a description in an instrument of conveyance. USE OF GROUNDWATER PROHIBITED BY STATE AND LOCAL REGULATIONS Groundwater on this property contains contaminants that exceed unrestricted use standards. Pursuant to 15A North Carolina Administrative Code 02C.0107(b)(1), (t)he source of water for any water supply well shall not be from a water bearing zone or aquifer that is contaminated. Therefore, state law prohibits construction of a water supply well on this property unless it can be demonstrated that the water pumped from the well is not contaminated. Further, pursuant to North Carolina General Statute 87-88(c) and 15A North Carolina Administrative Code 02C.0112(a), no well may be constructed or maintained in a manner whereby it could be a source or channel of contamination of the groundwater supply or any aquifer. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Property is sold, leased, conveyed or transferred, pursuant to NCGS M the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Property has been contaminated with dry-cleaning solvent and, if appropriate, cleaned up under the DSCA. CANCELLATION OF THE NOTICE The Notice may, at the request of the Property Owner, be canceled by DENR after the risk to public health and the environment associated with the dry-cleaning solvent contamination and any other contaminants included in the DSCA Remediation Agreement have been eliminated as a result of remediation of the Property to unrestricted use standards.

46 APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The foregoing Notice of Dry-Cleaning Solvent Remediation is hereby approved and certified. North Carolina Department of Environment and Natural Resources By: Jim Bateson, LG Date Chief, Superfund Section Division of Waste Management STATE OF NORTH CAROLINA COUNTY OF WAKE I,, a Notary Public of Wake County and State of North Carolina do hereby certify that did personally appeared before me this the day of, 20. Name typed or printed Notary Public My Commission expires: [Stamp/Seal]

47 CERTIFICATION OF REGISTER OF DEEDS The foregoing documentary component of the Notice of Dry-Cleaning Solvent Remediation, and the associated plat, are certified to be duly recorded at the date and time, and in the Books and Pages, shown on the first page hereof. Register of Deeds for Guilford County By: Name typed or printed: Date Deputy/Assistant Register of Deeds

48 EXHIBIT A SURVEY PLAT REDUCTION

49

50 EXHIBIT B LEGAL DESCRIPTION FOR PROPERTY

51 NOTICE OF DRY-CLEANING SOLVENT REMEDIATION Property Owner: Summit Shopping Center Co., LLC Recorded in Book, Page Associated plat recorded in Plat Book, Page This documentary component of a Notice of Dry-Cleaning Solvent Remediation (hereinafter Notice ) is hereby recorded on this day of, 20. The survey plat component of the Notice is being recorded concurrently with this documentary component. The real property (hereinafter Property ) which is the subject of this Notice is located at 928 and 930 East Bessemer Avenue, Greensboro, Guilford County, North Carolina, Parcel Identification Number (PIN) The Property is contaminated with dry-cleaning solvent, as defined at North Carolina General Statutes (hereinafter N.C.G.S. ), Section (hereinafter ) B(b)(9), and other contaminants and is one of four parcels that make up the dry-cleaning solvent contamination site (hereinafter Contamination Site ). This Notice has been approved by the North Carolina Department of Environment and Natural Resources, or its successor in function (hereinafter DENR ) under the authority of the Dry-Cleaning Solvent Cleanup Act of 1997, as amended, N.C.G.S A et seq. (hereinafter DSCA ), and is required to be filed in the Register of Deeds' Office in the county or counties in which the land is located, pursuant to NCGS I. A Notice will be recorded separately in each chain of title of the Contamination Site. Groundwater under the Property is contaminated with dry-cleaning solvents associated with dry-cleaning operations at the former Columbia Laundry (DSCA Site ) located at 920 East Bessemer Avenue, Greensboro, in the Summit Shopping Center. A risk assessment of the contaminated property concluded that the contamination poses no unacceptable risk as long as groundwater on the property is not used as a source of water for any water supply wells. Pursuant to N.C.G.S I, this Notice is being filed in order to reduce or eliminate the danger to public health or the environment posed by the Property. Attached hereto as Exhibit A is a reduction, to 8 1/2" x 11", of the survey plat component of the Notice required by N.C.G.S M. The survey plat has been prepared and certified by a professional

52 land surveyor and meets the requirements of G.S , and contains the following information required by N.C.G.S M: (1) A description of the location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks; and (2) The type, location and quantity of regulated dry-cleaning solvent contamination and other contaminants known to exist on the Property. Attached hereto as Exhibit B is a legal description of the Property that would be sufficient as a description in an instrument of conveyance. USE OF GROUNDWATER PROHIBITED BY STATE AND LOCAL REGULATIONS Groundwater on this property contains contaminants that exceed unrestricted use standards. Pursuant to 15A North Carolina Administrative Code 02C.0107(b)(1), (t)he source of water for any water supply well shall not be from a water bearing zone or aquifer that is contaminated. Therefore, state law prohibits construction of a water supply well on this property unless it can be demonstrated that the water pumped from the well is not contaminated. Further, pursuant to North Carolina General Statute 87-88(c) and 15A North Carolina Administrative Code 02C.0112(a), no well may be constructed or maintained in a manner whereby it could be a source or channel of contamination of the groundwater supply or any aquifer. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Property is sold, leased, conveyed or transferred, pursuant to NCGS M the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Property has been contaminated with dry-cleaning solvent and, if appropriate, cleaned up under the DSCA. CANCELLATION OF THE NOTICE The Notice may, at the request of the Property Owner, be canceled by DENR after the risk to public health and the environment associated with the dry-cleaning solvent contamination and any other contaminants included in the DSCA Remediation Agreement have been eliminated as a result of remediation of the Property to unrestricted use standards.

53 APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The foregoing Notice of Dry-Cleaning Solvent Remediation is hereby approved and certified. North Carolina Department of Environment and Natural Resources By: Jim Bateson, LG Date Chief, Superfund Section Division of Waste Management STATE OF NORTH CAROLINA COUNTY OF WAKE I,, a Notary Public of Wake County and State of North Carolina do hereby certify that did personally appeared before me this the day of, 20. Name typed or printed Notary Public My Commission expires: [Stamp/Seal]

54 CERTIFICATION OF REGISTER OF DEEDS The foregoing documentary component of the Notice of Dry-Cleaning Solvent Remediation, and the associated plat, are certified to be duly recorded at the date and time, and in the Books and Pages, shown on the first page hereof. Register of Deeds for Guilford County By: Name typed or printed: Date Deputy/Assistant Register of Deeds

55 EXHIBIT A SURVEY PLAT REDUCTION

56

57 EXHIBIT B LEGAL DESCRIPTION FOR PROPERTY

58 NOTICE OF DRY-CLEANING SOLVENT REMEDIATION Property Owner: CH 17, LLC Recorded in Book, Page Associated plat recorded in Plat Book, Page This documentary component of a Notice of Dry-Cleaning Solvent Remediation (hereinafter Notice ) is hereby recorded on this day of, 20. The survey plat component of the Notice is being recorded concurrently with this documentary component. The real property (hereinafter Property ) which is the subject of this Notice is located at 799 Castlewood Drive, Greensboro, Guilford County, North Carolina, Parcel Identification Number (PIN) The Property is contaminated with dry-cleaning solvent, as defined at North Carolina General Statutes (hereinafter N.C.G.S. ), Section (hereinafter ) B(b)(9), and other contaminants and is one of four parcels that make up the dry-cleaning solvent contamination site (hereinafter Contamination Site ). This Notice has been approved by the North Carolina Department of Environment and Natural Resources, or its successor in function (hereinafter DENR ) under the authority of the Dry-Cleaning Solvent Cleanup Act of 1997, as amended, N.C.G.S A et seq. (hereinafter DSCA ), and is required to be filed in the Register of Deeds' Office in the county or counties in which the land is located, pursuant to NCGS I. A Notice will be recorded separately in each chain of title of the Contamination Site. Groundwater under the Property is contaminated with dry-cleaning solvents associated with dry-cleaning operations at the former Columbia Laundry (DSCA Site ) located at 920 East Bessemer Avenue, Greensboro, in the Summit Shopping Center. A risk assessment of the contaminated property concluded that the contamination poses no unacceptable risk as long as groundwater on the property is not used as a source of water for any water supply wells. Pursuant to N.C.G.S I, this Notice is being filed in order to reduce or eliminate the danger to public health or the environment posed by the Property. Attached hereto as Exhibit A is a reduction, to 8 1/2" x 11", of the survey plat component of the Notice required by N.C.G.S M. The survey plat has been prepared and certified by a professional

59 land surveyor and meets the requirements of G.S , and contains the following information required by N.C.G.S M: (1) A description of the location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks; and (2) The type, location and quantity of regulated dry-cleaning solvent contamination and other contaminants known to exist on the Property. Attached hereto as Exhibit B is a legal description of the Property that would be sufficient as a description in an instrument of conveyance. USE OF GROUNDWATER PROHIBITED BY STATE AND LOCAL REGULATIONS Groundwater on this property contains contaminants that exceed unrestricted use standards. Pursuant to 15A North Carolina Administrative Code 02C.0107(b)(1), (t)he source of water for any water supply well shall not be from a water bearing zone or aquifer that is contaminated. Therefore, state law prohibits construction of a water supply well on this property unless it can be demonstrated that the water pumped from the well is not contaminated. Further, pursuant to North Carolina General Statute 87-88(c) and 15A North Carolina Administrative Code 02C.0112(a), no well may be constructed or maintained in a manner whereby it could be a source or channel of contamination of the groundwater supply or any aquifer. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Property is sold, leased, conveyed or transferred, pursuant to NCGS M the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Property has been contaminated with dry-cleaning solvent and, if appropriate, cleaned up under the DSCA. CANCELLATION OF THE NOTICE The Notice may, at the request of the Property Owner, be canceled by DENR after the risk to public health and the environment associated with the dry-cleaning solvent contamination and any other contaminants included in the DSCA Remediation Agreement have been eliminated as a result of remediation of the Property to unrestricted use standards.

60 APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The foregoing Notice of Dry-Cleaning Solvent Remediation is hereby approved and certified. North Carolina Department of Environment and Natural Resources By: Jim Bateson, LG Date Chief, Superfund Section Division of Waste Management STATE OF NORTH CAROLINA COUNTY OF WAKE I,, a Notary Public of Wake County and State of North Carolina do hereby certify that did personally appeared before me this the day of, 20. Name typed or printed Notary Public My Commission expires: [Stamp/Seal]

61 CERTIFICATION OF REGISTER OF DEEDS The foregoing documentary component of the Notice of Dry-Cleaning Solvent Remediation, and the associated plat, are certified to be duly recorded at the date and time, and in the Books and Pages, shown on the first page hereof. Register of Deeds for Guilford County By: Name typed or printed: Date Deputy/Assistant Register of Deeds

62 EXHIBIT A SURVEY PLAT REDUCTION

63

64 EXHIBIT B LEGAL DESCRIPTION FOR PROPERTY

65