STATE OF NORTH CAROLINA) _ IN THE GENERAL COURT OF JUSTICE, ) SUPERIOR COURT DIVISION WAKE COUNTY Case Na it Alb ZI 2S AMY BROWN, DEBORAH GRAHAM, ERIC WASHAM, GUY HUTCHINS, SANDRA MAJORS, GENEVA SHADE, GEORGE “BILL” DALTON, JOHNNY GURLEY and TIMOTHY BARWICK, ‘on behalf of themselves and a class of those similarly situated, Plaintiffs, ¥ DUKE ENERGY CAROLINAS, LLC and DUKE ENERGY PROGRESS, LLC, Defendants. CLASS ACTION COMPLAINT AND PETITION FOR DECLARATORY RELIEF Plaintiffs, Amy Brown, Deborah Graham, Eric Washam, Guy Hutchins, Sandra Majors, Geneva Shade, George “Bill” Dalton, Johnny Gurley and Timothy Barwick, on behalf of themselves and a class of those similarly situated, hereby bring their complaint and petition for declaratory relief against the Defendants, Duke Energy Carolinas, LLC and Duke Energy Progress, LLLC (collectively “Duke”), and allege: SUMMARY OF THE CLAIM 1 Plaintiffs and their families live near Duke's power plants and coal ash. They trusted Duke to provide safe, clean electrical power for their homes, and to be a good neighbor. They believed Duke when the company represented that it was being a good neighbor and was not polluting the environment. However, Plaintiffs have now leamed that Duke mismanaged the coal ash it stockpiled at its sites. Plaintiffs have leamed that the coal ash waste containscontaminants that can cause cancer. They were advised by the State that their own private water wells tested positive for one or more contaminants, And, Plaintiffs have learned that Duke’s ‘own testing of its coal ash waste at the sites within half a mile of their homes also reveals these contaminants, 2. Parents like Amy Brown are afraid to let their children drink the water. The State Toxicoloy informed Ms, Brown and others that the tap water from the private wells in their yards was unfit to drink, Duke has denied that its coal ash ponds have caused any problems with the water. However, environmental groups that sued Duke have proven that Duke violated the Jaw and allowed coal ash waste to contaminate public waters near its plants. This contamination included lakes and rivers used by the public for recreation and as sources of public water supplies for major cities such as Charlotte. 3. Plaintiffs and their families have also learned that Duke admitted to criminal negligence in its coal ash management practices in a Joint Factual Statement filed as part of the resolution of a claim brought by the United States Department of Justice, But for the criminal negligence and subsequent spill, the events that followed would not have been set in motion, ‘The coal ash is kept in massive unlined basins or ponds. They seep and leak, Ms. Brown and other neighbors of the plants worry that in the future a basin may breach and cause @ catastrophic spill, One of the largest coal ash waste spills in the nation oceurred in 2014 at Duke's Dan River plant. 5. Duke has denied that its coal ash can cause any harm to these families. Yet, in proposing a “financial supplement” to accompany its plans to make public water connections available to the neighbors, Duke demands that they entér into contract language that is unfair, deceptive and unconscionable. Duke’s contract language would prohibit the neighbors from ever wsuing Duke if family members were diagnosed in the future with cancer or other discases caused by the coal ash, The families are worried about the risk of future disease, because they drank the tap water for years and let their infants and children drink it. Duke's contract language would also bar them from suing if one of the basins failed causing a spill, It would bar claims if there was coal ash dustin the air that harmed their health, It requires the families to “acknowledge” that Duke has completely compensated them for any harm ~ which is impossible for them to do ‘because they do not know whether they will have any harm in the future, and if'so, what the damages will be. 6. Accordingly, the Plaintiffs ask the Court to exercise its authority and instruct Duke to perform the agreement without the release. Plaintiffs ask that the Court declare that the contract terms releasing this public utility from any past or future Liability amount to an unlawful exculpatory clause. Plaintiffs respectfully request that the Court specifically enforce the agreement between them and Duke with the invalid language stricken. 7, Inaddition, or in the alternative, Plaintiffs allege that Duke has engaged in unfair and deceptive trade practices within the meaning of Chapter 75 of the North Carolina General Statutes. They also allege that Duke has acted negligently with regard to managing its coal ash, ‘the result of which has been to injure Plaintiffs. Finally, Plaintiffs allege that Duke's conduct under the circumstances amounts to a private muisance. Based upon these allegations, they request injunctive relief and damages in the form of the compensation Duke is offering, without the exculpatory clause, and such other relief as the Court may deem appropriate, * Plaintiffs understand that some individuals may have already signed the financial supplement agreement with Duke out of necessity or need for funds, or may feel compelled to do so in the near future, Should Piaintffs preval ‘on their caim, they request that the Court notify those individuals that they have the ight to strike the ‘exculpatory clause if they so desire. Furthermore, any individual who chooses may opt out of the class.‘THE PARTIES: ‘The Plaintiffs 8. Amy Brown resides at 103 Mitchell Street, Belmont, North Carolina in Gaston County, near the Allen Plant of Duke and its coal ash ponds, 9. Deborah Graham resides at 310 Dukeville Road, Salisbury, North Carolina in Rowan County, near the Buck Plant of Duke and its coal ash waste. 10, Eric Washam resides at 8396 Sherrills Ford Road, Sherills Ford, in Catawba County, near the Marshall Plant of Duke and its coal ash waste. LI, Guy Hutebins resides at 2814 Riverfront Drive, Mooresboro, North Carolina in Cleveland County, near the Cliffside Plant of Duke and its coal ash waste. 12. Sandra Majors resides at 4072 McGhees Mill Road, Semora, North Carolina in Person County, near the Roxboro Plant of Duke and its coal ash waste, 13, Geneva Shade resides at 6 Shade Drive, Arden, North Carolina in Buncombe ‘County, near the Asheville Plant of Duke and its coal ash waste, 14. George “Bill” Dalton resides at 1060 Georgia Road, Walnut Cove, North Carolina in Stokes County, near the Belews Creck Plant of Duke and its coal ash waste. 15. Johnny Gurley resides at 1350 Old Smithfield Road, Goldsboro, ‘orth Carolina in Wayne County, near the H.R. Lee Plant of Duke and its coal ash waste. 16. Timothy Barwick resides at 209 Mullins Lane, Roxboro, North Carolina in Person County, near the Mayo Plant of Duke and its coal ash waste. ‘The Defendants 17, Duke Energy Carolinas, LLC is a limited liability company organized under the laws of North Carolina and has its principal place of business in North Carolina, Its registeredagent office is c/o CT Corporation System, 160 Mine Lake Ct Ste 200, Raleigh, NC 27615-6417. Its principal office is located at 526 South Church Street, Charlotte, NC 28202-1802. It may be served with process at those addresses. 18. Duke Energy Progress, LLC is a limited lisbility company organized under the laws of North Carolina and has its principal place of business in North Carolina, Its registered agent office is c/o CT Corporation System, 160 Mine Lake Ct Ste 200, Raleigh, NC 27615-6417. Its principal office is located at 410 South Wilmington Street, Raleigh, NC 27601-1849,? Itmay be served with process at those addresses, JURISDICTION AND VENUE 19, This Court has personal jurisdiction over Defendants. 20. Venue is proper in this County in that Duke Energy Progress has its prinefpal office in Raleigh and both Defendants have their registered office there. 21, This Court has subject matter jurisdiction over the controversy. FACTUAL BACKGROUND ‘The 2014 Dan River spill and its aftermath, 22. On Sunday, February 2, 2014, one of the largest coal ash disasters in the nation occurred in North Carolina at Duke’s Dan River Plant. A pipe that ran under a giant coal ash waste storage pond broke, It spilled approximately 39,000 tons of ash and 27 million gallons of * Duke Energy Carolinas, LLC was formerly known as Duke Energy Corporation and/or as Duke Power Company, ® Due Energy Progress, LLC was formerly known as Cape Fear Power Company, Carolina Power & Light Company, andor Duke Energy Progress, Inc. * See N.C. Gen, Stat, § 1-82 ("in all other cases the action must be tried in the county in which the plaintifs or the defendants, or any of them, reside at its commencement...”); § 1-79 (residence of domestic LUCis where its registered or principal office is located),ash pond water into the environment.’ As a result of this disaster and the attention it drew, federal and state authorities began investigating Duke’s conduct. 23, Meanwhile, Amy Brown and the other Plaintiffs and their families went about their daily lives, They each lived less than half'a mile from one of Duke’s plants, They all used tap water to drink, cook with and provide to their children, This water came from private water wells, often in their own backyards. 24, They had no idea there could be a danger to them or their families from Duke's coal ash. Duke had assured them and the public at large that it was a good neighbor. Mailers they received with their power bills from Duke said that Duke was committed to clean safe power and protecting the environment. 25. In fact, they were living near a ticking time bomb of coal ash. Coal ash waste is, generated by coal-fired power plants. Ttis a pollutant. Over the years, Duke has generated ‘massive amounts of coal ash waste at a dozen-plus plants across the State. Those plants include the plants that are near where the Plaintiff reside: Allen, Asheville, Belews Creek, Buck, Cliffside, Lee, Marshall, Mayo and Roxboro. 26. For decades, the coal ash waste piled up at these sites. Duke stored it in huge open-air impoundments and in giant unlined basins full of water. Duke knew from years of 5 *Aecordng to EPA approximately 39,000 tons of ash and 27 milion gallons of ash pond water were released.” US. Department af the interior, website Information on Dan River Coal Ash Spl, availabe at hitpsy/www.cercusgs gov/orda_docs/CaseDetalls?1D-984, See aso Gabe Riven, Dan River Coal Ash Sp North Carolia Health News, avallable at htto//www northcaralinahealthnews.org/daniver-coal-ash-si timeline, ® See, for example, the 2013 Duke Energy Progress residential Inset available at https://vwnw.progress- energy.com/assets/www/docs/home/Welcome-insert-NC.pdf. “We've been here for more than a century and are committed to continue serving this area's energy needs with clean, reliable, affordable power. Our balanced solution strategy combines energy efficiency, alternative energy and state-of-the-art power systems to ensure a secure energy future that meets our customers’ changing energy needs. This innovative, environmentally responsible approach means you can continue to rely on us.as an energy and community partner for many years to come.” Id.‘monitoring the waste that it contained many substances that are bad for human health, Internal corporate documents described how the waste included contaminants that could cause cancer, silicosis and other disease. Yet, the company did not tell its neighbors of these risks. 27. A federal investigation revealed that Duke had engaged in criminally negligent conduct which led to the Dan River spill. In May 2015, three subsidiaries of Duke Energy Corporation, including the two named Defendants herein, pleaded guilty to nine criminal violations of the Clean Water Act at several North Carolina facilities. They agreed to pay a $68 million criminal fine and spend $34 million on environmental projects and land conservation to benefit rivers and wetlands in North Carolina and Virginia. Four of the charges were the direct result of the massive coal ash spill from the Dan River power plant into the Dan River. The remaining violations were discovered as the scope of the investigation broadened based on allegations of historical violations at the companies’ other facilities.” 28. ‘The massive coal ash spill at the Dan River plant was a crime and it was the result of repeated failures by Duke Energy’s subsidiaries to exervise controls over coal ash facilities.* 7 US. Department of Justice, press release number 15-651, “Duke Energy Subsidiaries Plead Guilty and Sentenced to Pay $102 Million for Clean Water Act Crimes,” May 14, 2015, available at httos,//mww. justice gov/opa/pr/duke- energy subsidiaries-plead-gullty-and-sentenced-pay-102-million-clean-water-act When the meetings occurred, many neighbors expressed their desire for full compensation from Duke for the water costs, They also expressed to Duke their opinions as to the unfairness of the release. ° Appalachian Voices blog, Jan, 20, 2027, hitp://appvoices.or/201 lake-neighbors-respond-to-goodwill- package/. See also David Boraks, "Some Coal Ash Neighbors Balk At Duke ‘Goodwill Payments,” Jan, 20, 2017, WFAE website, http:/wfae.org/post/some-coal-ash-n Ik-duke-goodwil-payments; Alana Semuels, “The Ses of rth Crclin's Contansed We Apri, 207, Te ane, lable at hups://wwwtheatlentie.com /ousiness/archive/2017/04/the-sago-o ated S2iZiUl fer Dale,“ oes good cos ash pyrene” Feb 3, 2017 osoates Pres, available at ht /wwaw.robesonian.com/news/95732/duke-offes-goodwill- While Duke claims its cenospheres are harmiess, ts contractor Sphere One issued a material safety data sheet listing hazards including the presence of carcinogens. A copy ofa Sphere One Material Safety Data Sheet for cenospheres can be found at httns://ehslegacy.une.edu/msdsfles/22809,pdf It states that they may cause inritation or abrasion tothe eyes, dehydration and iritation to skin, irtation to the respiratory tract, dffeulty breathing, cough, wheezing, weakness, increased heart rate, cyanosis, sputum production, changes in ung fonction tess, abdominal pain, nausea, dlarrhea, and vomiting. At page 2 it notes slica residue asa carcinogen. Sphere One “harvested” cenospheres from Duke's coal ash pond in Asheville, In 2008, it was reported that “cenospheres, another product of coal combustion floating on the top of the coal ash pond, blew into LakeJulian Trails” Mountaintrue, http://mountaintrue,org/epa-considers-coal-ash-regulations-which-would-affect-progress. snerays-skvland-plant. 2067. When they bought their home, it needed work but was a nice home with plenty of space for their family and a backyard pool. Over the years, they invested time and money in improving their home and increasing its value. 68. ‘Ms. Brown and her husband are proud of their home and have worked for it to have value as an asset in the event that they need to sell it someday, or ifit is inherited by their children. 69, Over the years, Ms. Brown and her family used their tap water, which was drawn from a private well they owned on their property, for ordinary household uses. Their children drank and bathed in the water. Ms. Brown used it for cooking. Her children brushed their teeth with it, They had no idea it could cause any danger. 70. In April, 2015, they received a letter ftom the North Carolina Division of Water Resources advising them that their well water might be dangerous and that they should stop using the water for drinking, cooking or for their children to drink. Tl. Since that time, they have been using bottled water for ordinary day-to-day household uses ~ as any reasonable parent would do who received such a letter. 72, Having to use bottled water has been cumbersome and inconvenient for the Brown family. Access to clean tap water is something we take for granted, Having to stockpile bulk quantities of bottled water for household uses has caused the Brown family significant discomfort and annoyance, 73. Over the days and weeks following receipt of the letter, Ms. Brown learned more about the issues with her water. She learned that Duke had been storing up vast quantities of waste from its power plant in giant unlined impoundments or ponds. 2174, ‘The Duke plant near her house is called the G.G. Allen Steam Station. Aerial views show giant accumulations of wet and dry coal ash around the plant. Coal ash is the waste byproduct of the coal-fired plant, Plant Allen continues to be coal-fired to this day, Duke purchased 23,716 tons of coal for use there in June 2017.27 75. Ms. Brown learned that for many years Duke had stored up the coal ash waste around its plant, The ponds were unlined, meaning coal ash could seep through the soil. Coal ash contaminants were going into the groundwater, Her well drew from the groundwater. 76. Mss, Brown leamed that Duke has long known of the dangers and risks associated with coal ash waste. Duke knew that its coal ash waste included trace toxic contaminants and heavy metals, which could accumulate, Duke knew that fine dusty “fly ash” contaminants could blow through the air onto neighboring lands. It knew that the coal ash in the unlined ponds was seeping and leaking into nearby bodies of water. 77. 12006 when the Browns moved into their home in their neighborhood within one-half mile of Plant Allen, they did not know Duke was acting negligently in how it managed its coal ash nor that eight years later, the Dan River spill would occur, 78. Ms. Brown desires to have the public water connection to her house to ensure her family has drinking water subject to the purification of a public water system and which she can rely on to be free of coal ash contaminants, 79, Ms, Brown's family has now been on bottled water for over 800 days, waiting for the public water connection. Having to rely on cumbersome supplies of bottled water for ‘ordinary household uses such as for children to drink, or to cook with or for other uses, has substantially interfered with her family’s use and enjoyment of their home. See Duke Energy Carolinas, LLC Monthly Fuel Report, NCUC Docket No, E-7 Sub 1133, 2280. Ms. Brown wants to accept the funds being offered by Duke, but not if she is required to sign the release of liability. The plain language of that release forces her to acknowledge and agree that she and her family have been fully compensated for any harm that they have suffered, as well as for any future harm that may someday arise out of disease, illness, further contamination, or acts or omissions of Duke that she cannot foresee or predict. 81, Ms. Brown is confused by Duke's contradictory statements, Duke has insisted ‘hat it has not contaminated its neighbors’ properties and the coal ash from its plants will not cause them to develop an illness, Why, then, is Duke's offer conditioned by forcing any families Who take it to sign a broad-brush release of claims that would insulate Duke from liability. If Duke believes it has not caused any pollution, it should not insist on signing a release, 82, Ms. Brown accepts Duke's offer but with the exculpatory clause stricken. Exhibit 2, She attaches proof of ownership of her property at Exhibit 4 Deborah Graham’s facts. 83. Deborah Graham lives with her husband at 310 Dukeville Road, close to Duke's Buck Steam Station Plant. They have lived at this address for many years. Ms. Graham is a Duke Energy Carolinas power customer. 84, In April, 2015 Deborah Graham received correspondence from DEQ advising her family not to drink the water, She and her husband were advised that their well water contained iron at 1,100 ug/L, more than three times greater than the State Groundwater Standard of 300 g/L. [ron is a contaminant associated with coal ash, 85. According to the test data provided by DEQ to Mr. and Mrs. Graham, their well water vanadium level was at 14 pg/L, over 46 times higher than the then-applicable 0.3 g/L interim standard. Vanadium is a contaminant associated with coal ash. 2386. ‘The Grahams were advised that the measured levels for vanadium and iron “exceeded the North Carolina Health Screening Level, and may result in an increased health risk.” They were advised that “{iJn order to reduce or eliminate this incteased health risk, the ‘North Carolina Division of Public Health recommends that your well water not be used for drinking and cooking.” 87. Beginning in May 2015, Duke began to provide the Grahams with bottled water. ‘The Grahams have also personally purchased bottled water. Not being able to use their tap water with peace of mind has impaired their use and enjoyment of their homestead, 88. Ms, Graham is now concerned about the health effects to her family of the past years of drinking and using the water. She has also suffered loss of value of her home and other damages and harm, 89, Ms, Graham has received the same financial supplement offer as Ms, Brown, Like Ms, Brown, she would like to accept the offer without having to agree to a release she believes to be unfair and unconscionable. Attached as Exhibit 3 is a signed financial supplement agreement for Ms, Graham with the offensive language stricken. Attached as Exhi Sis proof of ownership of the property. Johnny Gurley’s 90, Johnny Gurley lives in Goldsboro, NC. Attached as Exhibit 11 is proof of ownership of the property. He lives within one-half mile of the H.F. Lee Plant, which began as a coal-fired plant in 1951, Mr. Gurley is a power customer of Tri-County Blectrie Membership Corporation, which purchases power generated by Duke Energy. 91. Mr. Gurley and his wife have lived in their home since 1991. They used their groundwater well for all houschold needs for 25 years at no cost, until 2015 when they were 24advised that their well was at risk for coal ash contamination, Because Duke refused to test their water, Mr. Gurley secured independent testing that confirmed high levels of cobalt. Cobalt is a ‘contaminant associated with coal ash, 92, They began buying and using bottled water until Duke finally began delivery of bottled water earlier this year. ‘They continue to rely on bottled water for many uses. 93. Due to concerns about the health impacts, Mr, Gurley and his wife for a time stopped using the tap water for bathing or showering, and instead, used the facilites at their YMCA. Relying on bottled water is cumbersome, inconvenient and causes a significant burden, 94. Connection to a comunity water supply through the Fork Township Sanitary District is currently available and would ease the burden of reliance on bottled water. However, Mr. Gurley will be required to pay $100 to establish service in addition to monthly water bills, which would be a new financial burden. 95. Mr. Gurley would like to connect to the permanent water supply and agree to Duke's financial supplement but with the exculpatory clause stricken. Duke has offered Mr. Gurley $14,645, gross, 96. Timothy Barwick lives near Roxboro, NC. Attached as Exhibit 12 is proof of ownership. He lives within one-half mile of the Duke Energy Progress Mayo Plant, which began operations in 1983. Mr. Barwick is also a power customer of Duke Energy Progress. 97. Mr. Barwick purchased his property without any knowledge of potential groundwater contamination, expecting to make # home for his wife and family, His family used a groundwater well for all household needs, including drinking, cooking, bathing and caring for children, until they were advised that the well was at risk for coal ash contamination. Well tests 25confirmed high levels of manganese and vanadium. Manganese and vanadium are substances found in coal ash. . Mr, Barwick and his 98. The family has begun using bottled water for many us wife have two young children, including an infant son who developed significant skin rash shortly after his birth. The rash clears when the child is bathed either in heated bottled water, or at arelative’s home several miles away. Their pediatrician has recommended that the infant not be bathed in tap water. 99. Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden on Mr. Barwick and his family, 100, Connection to a permanent water supply is not currently available and Duke has recommended a water filtration system for the Barwick home, That recommendation is pending teview and approval by the DEQ 101. Mr. Barwick would prefer a public water supply connection, or a buyout of his property. If those options are not available, Mr. Barwick would like, at a minimum, to accept the funds currently available ($5,000) through Duke's “financial supplement program” without being required to sign the exculpatory release of liability required by Duke, which he believes is, unfair and unconscionable. Geneva Shade’s facts. 102, Geneva Shade lives in Arden, NC. Attached as Exhibit 9 is proof of ownership of the property, She lives within one-half mile of the Duke Energy Progress Asheville Plant, which is the largest electric generating facility in Western North Carolina and began operations in 1964. Ms. Shade is also a power customer of Duke Energy Progress. 26103, Ms. Shade has lived in her home since 1954. She used her groundwater well for all household needs for more than 60 years at no cost, until when she was advised that her well ‘was at risk for coal ash contamination and Duke began delivery of bottled water. 104, Ms. Shade owns two parcels and two wells, Her home is on one of the parcels, and her son’s home and well are on the other. 105. Ms, Shade isin her 80s, lives alone and is unable to manage the use of bottled water without assistance from her son. Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden. 106, Connection to a permanent water supply through the City of Asheville is currently available and would ease the burden of reliance on bottled water. However, Ms. Shade will be required to pay monthly water bills in order to connect to that supply, which would be a new financial burden on her limited income. 107. Ms. Shade would like to connect to the permanent water supply and accept the funds available through Duke’s financial supplement to pay the water bills. Duke has offered Ms, Shade $29,950, gross, but demands that she sign its broad release of liability. 108, Ms, Shade asks the Court to enforce the agreement without the release which she believes is unfair and unconscionable. Eric Washam’s facts. 109, Eric Washam resides at 8396 Sherrills Ford Road, Sherills Ford, NC in Catawba County. Proof of ownership of his property is found at Exhibit 6, He is a Duke Energy Carolinas power customer and lives in the vicinity of the Marshall plant. 110, Mr. Washam began to reside at his property without any knowledge of potential groundwater contamination. He used a groundwater well for all household needs, including 27drinking, cooking and bathing, until when advised that the well was at risk for coal ash contamination, 111. He received a letter dated May 13, 2015 from the North Carolina Department of the Environment and Natural Resources, Division of Water Resources, advising him that drinking the water “may result in an increased health tisk.” The letter is attached as Exhibit 13. 112. _ Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden on Mr. Washam and his family. 113, On March 5, 2017, Mr. Washam and his wife, Joan, signed the election card for their “permanent water solution for your property.” They checked the box for “Connection to Public Water Supply.” A copy of the completed card is attached as Exhibit 14. 114, Mr. Washam and his wife have written to the North Carolina Utilities Commission registering their complaints about the coal ash. His understanding is that if Duke’s recent application for a rate inerease is approved, he and others will have to pay higher rates for clectricity, to Duke, in part to compensate Duke for its coal ash costs. A copy of his statement to the Commission dated July 5, 2017 is attached as Exhibit 15. 115, Mr, Washam himself used to work for Duke, He began working for Duke in 1979, After many years of work for Duke, he was diagnosed with asbestosis, which he believes was caused by his exposure to asbestos while working at Duke. He worked at the McGuire Nuclear Station in Huntersville, NC. 116. He has lived at his home with his wife since 1969, for many years. They brought up a daughter and son there, Their son was bom in 1978 and their daughter in 1974. He was bom in 1940, He wants to leave his home to his family as a valuable asset. 28117, He remembers how there was coal ash visible inthe air in his neighborhood in years past. Hee remembers seeing fly ash and soot coming from the plant, He believes there is still coal ash dust in his home, and he now knows it may contain contaminants. He still finds a sooty substance on items around his property from time to time. 118. He believes the release is unconscionable because it would release Duke from any, ‘coasl ash damage that could happen to his home, and, because it would release Duke from any future illness from the coal ash, and, because Duke is a public utility and should not be allowed to bully its neighbors. 119. Mr. Washam notes that it is common knowledge that people who switch from well systems to commercial systems can start having plumbing problems such as leaky or busted pipes. This is because commercial systems can have higher water pressure. When his home gets connected to public water, he may have problems with his pipes and fittings or his hot water heater. This is one reason why he claims that he should be entitled to the financial supplement without any strings attached. 120, Duke wants him to sign a broad release, and yet has not provided him with any information regarding the exact nature of all the risks and dangers. He is informed and believes that Duke has scientific and medical information regarding each of the contaminants associated with coal ash. Duke also has information regarding the potential short term and long term effects of those substances. Yet, Duke has shared none of that so that he can be educated and informed as to what he would be releasing in the way of claims 121, Mr. Washam will accept the financial supplement provided the Court strike the exculpatory release, which he believes is unfair and unconscionable. 29Guy Hutchins’ facts, 122, Guy Hutchins resides at 2814 Riverfront Drive, Mooresboro, NC in Cleveland County. Proof of his property ownership is attached as Exhibit 7, He is a Duke Energy Carolinas power customer and lives near the Rogers Energy Complex a/k/a Cliffside plant. 123, Mr, Hutchins began to reside at his property without any knowledge of potential contamination. He used a groundwater well for all houschold needs, including drinking, cooking and bathing, until when advised that the well was at risk for coal ash contamination, 124, Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden on Mr. Hutchins and his family. 125, Mr, Hutchins and his wife, Victoria, have lived at their home for approximately 12 years, ‘They also own and operate a small business that offers related property for retreats and events, In addition to their home address, they also own 2954 Riverfront Drive, which fronts the Broad River and is closer to the coal ash. After the purchased 2954 Riverfront Drive, they invested in significant renovations to the property. Their small business was impaired when coal ash concems received public attention in the wake of the Dan River spill. 126, Mr. Hutchins used to fish every weekend, primarily from his pier on the Broad River. He also used to fish on the Broad River via boat. They cooked and ate the fish they caught. Now, though, these activities are impaired, 127, Dependence on bottled water impairs their home life. For example, they could not use bottled water for the ice maker in their home refrigerator. They had to purchase a separate ice maker that they could fill with bottled water. 30128, Mr, Hutchins desires to accept the funds available through Duke’s “financial supplement program” but asks that he not be required to sign the exculpatory release of liability required by Duke, which he believes is false, unfair and unconscionable, Sandr: ? facts. 129, Sandra Majors resides at 4072 MeGhees Mill Road, Semora, NC in Person County. Proof of her property ownership is attached at Exhibit 8, She is a Piedmont Electric Membership Cosporation power customer and lives in the vicinity of the Roxboro plant. 130, Ms, Majors began to reside at her property without any knowledge of potential contamination. She used a groundwater well for all houschold needs, including drinking, cooking and bathing, until when advised that the well was at risk for coal ash contamination, 131, _ Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden on Ms, Majors and her family. 132. Duke has offered her a financial supplement of $5,000. She asks that the Court strike the exculpatory release of liability, George “Bi ns facts, 133. George “Bill” Dalton resides at 1060 Georgia Road, Walnut Cove, NC in Stokes County. Proof of property ownership is attached as Exhibit 10, He is a EnergyUnited power customer and lives in the vicinity of the Belews Creek plant 134, Mr. Dalton owns two parcels and two wells. Each of the wells supports two families. Mr, Dalton began to reside at his property without any knowledge of potential contamination, He and his renters have used a groundwater well for all household needs, including drinking, cooking and bathing, until they were advised that the well was at risk for coal ash contamination, 31135, Relying on bottled water is cumbersome, inconvenient and continues to cause a significant burden on Mr. Dalton and his family. 136, Mr. Dalton was offered a financial supplement of $10,000, gross for two wells and four households. He asks the Court to strike the exculpatory release of liability required by Duke, which he believes is unfair and unconscionable, CLASS ACTION ALLEGATIONS 137, In accordance with N.C. R. Civ. P. 23, Plaintiffs assert their claims against Defendants both individually, and on behalf of an “opt-out” class defined as follows: “ALL persons who will receive permanent replacement water supplies or filtration systems for their ‘homes under the Coal Ash Management Act and/or who otherwise have received or are listed to receive Duke’s financial supplement offer and exculpatory provision.” The Named Plaintiffs request designation as class representatives. 138, ‘Numerosity: The class is so numerous that joinder of all class members is, impracticable. The past, current and future impacts of coal ash contamination have affected hundreds of individuals and families. Duke has reported in hundreds of properties within the ‘general half-mile vicinity of the coal ash sites that have been reliant on local water wells. State environmental officials in August 2016 indicated that when they notified well owners within half a mile of coal ash facilities that they will receive a permanent alternate drinking water supply, the notification went out by letter to about 1,000 households.** 139. ‘Typicality: violations suffered by Plaintiffs are typical of those suffered by other class members. laintiffs’ claims are typical of the class members’ claims. The % DEQ press release dated August 31, 2026, available at https://dea.ne gov/press-release/alternate-crinking. vided-near-coal 32140, Adequacy: Plaintiffs will fairly and adequately protect the interests of the class, has no known conflicts and have retained counsel experienced in complex class action litigation. 141, Commonality: Common issues exist in that Duke has has acted or refused to act on grounds that apply generally tothe class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. In addition, common questions of law and fact exist as to all class members and predominate over uny questions solely affecting individual class members, including but not limited to whether the uniform exculpatory language found in Defendants’ agreements is invalid. Questions of law and fact common to the class predominate over any questions affecting only individual members, and because a class action is superior to other available methods for the fair and efficient adjudication of this litigation, Many class members’ individual claims may be small compared to the expense and burden of individual prosecution. Class certification also will obviate the need for duplicative litigation that might result in inconsistent judgments, Moreover, management of this action as a class action will not present any likely difficulties. In the interests of justice and judicial efficiency, it ‘would be desirable to concentrate the litigation of all class members’ claims in a single forum. COUNT 1 Declaratory Judgment nd Equitable Relief 142. Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein. 143. Under the Declaratory Judgment Act, the Court may declare the respective rights and obligations of the parties. See N.C. Gen, Stat. § 1-253, “Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed, No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force 33and effect of a final judgment or decree.” Id, 144, Under N.C. Gen, Stat. § 1-254, “fa]ny person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ‘ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder. A contract may be construed either before or after there has been a breach thereof.” 145, The Plaintiffs are entitled to a declaratory judgment that the exculpatory clause in Defendants’ financial supplement agreement is void. 146, The Plaintiffs are entitled to a declaratory judgment that in carrying out its duties under CAMA, Duke is not permitted to include an exculpatory clause. 147, This release language is invalid as a matter of public policy under the circumstances which involve a public utility carrying out statutory obligations related to its core mission of delivering safe clean power while protecting the environment."* = Gas House, nc. . Southern Bell Telephone & Telegraph Co., 289 N.C. 175, 176-77, 221 S.£:2d 499, 500-01 (1976) (True tis that the courts will scrutinize with care clauses exonerating public utllity companies, such as railroads, telegraph and telephone companies and others, from lability forthe consequences of thelr own negligence, with reference to the public services rendered by thern.”); Gibbs v. Carolina Power & Light Co., 265 N.C. 459, 467, 144 S.£.2d 393, 400 (1965) (“A public service corporation or a publ utility cannot contract against its negligence in the regular course ofits business or in performing one of its duties of public servce.”}; Hall v. Sinclair Refining Co,, 242 NC. 707, 710, 89 S.£.24 396, 388 (1955) (holding that "a party cannot protect himself by contract against liability for negligence in the performance of @ duty of public service, or where a public duty is owed, or public interest Is involved, or where public interest requires the performance ofa private duty’ Mil . Freight Carriers Corp,, 235 N.C. 705, 71 5.€.24 133 (2952) ("Suffice It to say that defendant is @ common carrier, and a public service corporation cannot contract against its own negligence In the regular course of its business or in performing one of Its duties of public servce.”); Miller's Mutual Fire ins. Ass'n of Alton, Ilinols v. Parker, 234 N.C. 20, 22, 65 6.24 341, 342 (2951) ("Under this limitation the courts are in complete accord in holding that a public service corporation or a public utlty cannot contract against its negligence in the regular course ofits business or in performing one of its duties of public service.”}; Collins v. Virginia Power & Electr Co., 204 N.C. 320, 1685.E. 500, 41933 N.C. LEXIS 393, *14-17 (1933) ("The defendant isa public-service corporation. It's glven the extraordinary power and authority to take the private property of individuals or corporations, upon payment of a just ‘compensation necessary for its public purposes... For the benefits it assumes the burdens. It cannot contract agalnstts negligence when discharging its primary duty to the public. Any other holding would put the individual 34148, Duke is a public utility. It has a public duty. On its website it says, “[w]e have a > Tthas a responsibility to produce and deliver energy that’s reliable, affordable and cl public duty to engage in “[mJanaging coal combustion products and safely closing ash basins in ways that protect the public and the environment.”" (Emphasis added). 149, Duke Bnergy Progress, in support of its recent rate hike request filed with the North Carolina Utilities Commission, emphasizes its public duty to ensure “the provision of safe, or corporation using and paying for its power at the mercy of the public-service corporation... Under the facts and circumstances ofthis ease, the postion contended for by defendant cannot be sustalned-the contract Is against public policy, null and void, and of no aval as a defense to this action. Any other holding would limit and endanger the use in the homes and elsewhere of electric power..”}; Fortson v. McClellan, 508 SE,2d 549, S51, 131 N.C. App, 6635 (1998) ("An exculpatory contract wil be enforced unless I violates a statute, Is gained through inequalty of ‘bargaining power, or is contrary to a substantial public interest... An activity falls within the public policy exception ‘when the activity is extensively regulated to protect the public from danger, and it would violate public policy to allow those engaged in such an activity to “absolve themselves from the duty to use reasonable care."); Brockwell v. Lake Gaston Sales & Serv., 412 5£.24 104, 106, 105 N.C. App. 226 (1992} (noting that “some contractual provisions which attempt to avoid lability for a party's negligence which are contrary to law and against public policy re void and unenforceable"); Alston v. Monk, 92 N.CApp. 59, 68, 373 SE.2d 463, 466 (1988), dsc. rev, denied, 324 N.C. 246, 378 5.£.2d 420 (1989) "(Our courts have stated ‘that a party cannot protect himself by contracting] against lability for negligence in the performance of duty of public service, or where a public duty is ‘owed, or public interests involved.”); Beachboardv. Southern Ry. Co., 93 S.E.2d 577, 583, 16 N.C. App. 674, 193 8.€.2d 577 (1972), cert. denied, 283 N.C 106, 194 S..2d 633 (1973) (noting “the well-established principle that @ public service corporation or public utility cannot contract so as to escape liability from its own negligence ‘occurring inthe regular course o its business or in performing one ofits duties of public service”); Novo Nordisk Phorm. indus, Ine. v. Carolina Power & Light Co., 2008 NCBC 16 (N.C. Business Court Sept. 15, 2008) (noting that “P&L Is acting as a public utility, and that as a matter of public policy, such an entity may not contract against its negligence in the regular course of its business” but that onthe facts presented lability imitation was allowable because “exculpatory causes, although not favored, are permissible when the contrac is nat related to public service"); MeMurray v. United States, No. 13-1129 (4th Cir. Jan. 7, 2014) (unpub. ("We therefore conclude that, under North Carolina ‘aw, there isa strong public-safety interest in careful driving and the observance of all traffic- related rules and regulations. Permitting the government to absolve itself ofthe duty to exercise reasonable care ‘when driving puts members ofthe public at great risk and is contrary to that strong public interest... As explained by the Supreme Court of North Carolina, the public-policy exception prohibits a person from contracting to protect himself from ‘iabilty for negligence inthe performence of a duty of public service, or where @ public duty is owed, (or public interest is involved, or where public Interest requires the performance of a private duty." Citing Hall, 89 S,E.2d at 398); Tatham v, Hoke, 469 F. Supp. 914, 918 (W.0.N.C. 1979}, aff, 622 F.2d 587 (4th Cir 1980) (holding that exculpatory contracts between physician and patient are unenforceable because medicine is “heavily regulated by state authorities who have demonstrated the public interest in the activity” and noting that “a public service corporation or a public utilty cannot contract against Is negligence in the regular course of ts business or in performing one of its duties of public seric...”} Fairfax Gas & Supply Co. v. Hadary, 151 F.2d 939, 940 (4th Cr. 1945) ("The law seems wel settied that a common carrier, owing a duty to serve all proper persons who apply, cannot, when acting in its public capacity, validly exempt itself by contract from liability for negligence.” “© Duke Energy website, htos://wwwduke-eneray.com/our-company/environment. Md, 35cos reliable electric service to a utility's customers.” It states that “environmental compliance costs are a necessary cost of providing electric service." 150, Duke Energy Progress describes its public duty as being “to provide electricity that is reliable, is delivered using the best practices and latest technologies at the time, and is available at reasonable rates.” Tt admits that “[cJustomers expect us to deliver electricity that is safe, reliable, affordable and incrasingly clean.....”#° Yet, the families herein received, along. with the electricity from Duke's power plants, unwanted pollution and nuisance, 151. The exculpatory clause is also invalid under the circumstances because, under CAMA, Duke as a public utility is obligated to provide permanent replacement water supplies which implicitly includes the duty to make certain payments. As a public utility Duke should be required to make necessary payments under these circumstances which arose out of its own coal ash mismanagement. ‘The statute does not allow Duke to include a release of claims in carrying ‘out its duties to the public. 152. The Plaintiffs are entitled to equitable and injunctive relief including that the Court enjoin Defendants from seeking to enforce the exculpatory clause or demand that it be signed as a condition to acceptance of the financial supplement. COUNT IL Specific Performance 153. Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein. 154, Plaintiffs have demanded that Duke perform the financial supplement with the unconscionable release term stricken, © Duke Energy Progress, LLC, NCUC Docket No. E-2, Sub 1142, filings dated June 1, 2017, testimony of Jullus Weight. ©, “id, testimony of David Fountain. 81d, 36155, Plaintiffs stand ready to perform under the agreement, provided that the ‘unconscionable release language is stricken from it. 156. In return for Duke paying the compensatory amount and otherwise fulfilling its duties under the agreement, the Plaintiffs stand ready to perform their enumerated duties. 157, Ms, Brown asks that the Court order Duke to perform the agreement in the form as she has signed it with the offensive language stricken. Ms, Graham asks the Court likewise to enforce her signed and reformed agreement. The other Plaintiffs ask the same. 158, ‘This Court accordingly should order Duke to specifically perform the agreement as appropriately reformed to eliminate its unconscionable provisions. COUNT 1 Promissory Estopps 159, Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein. 160, Plaintiff’, and each of them, are in lawful possession of their properties, and use them as residences and for other legitimate uses. 161. As shown above, Duke represented and promised to the Plaintiffs that it would provide permanent replacement water supplies. 162, Plaintiffs and their neighbors relied on Duke's assurance that Duke would provide permanent replacement water supplies and a financial supplement. They agreed to complete the election cards and proceed with the water plans based on Duke's representations and assurances. 163. Their reliance was reasonable. Duke nowhere said that its offer was revocable. Under the doctrine of promissory estoppel, Duke must follow-through on its promise. However, the exoulpatary clause should be stricken. 37COUNT IV Nuisance 164, Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein. 165, Plaintifis, and each of them, are in lawful possession of their properties, and use them as residences and for other legitimate uses. 166, Defendants, during the pertinent times, owned and controlled facilities throughout the State and near the homes of the Plaintiffs that contained large quantities of coal ash waste. 167. Defendants, during the pertinent times, managed their coal ash waste on their Properties in a negligent, reckless and intentional manner so as to cause a private nuisance, 168. Plaintiffs" right to use and enjoy their properties has been substantially and unreasonably impaired by Defendants’ acts and omissions with regard to their use of their properties and operations, 169, The nuisance caused by Defendants has substantially impaired Plaintiffs’ use and enjoyment of their property, and has caused anger, embarrassment, discomfort, annoyance, inconvenience, decreased quality of life, deprivation of opportunity to continue to develop properties, injury to and diminished value of properties, discomfort, and other harm. 170, Defendants’ conduct has been unreasonable, Reasonable persons, generally, looking at Defendants’ conduct, the problems it has caused, the character of the neighborhoods, the nature, utility and social value of the uses of the land, and the extent and nature of the harm to Plaintiffs’ interests, would consider Defendants’ conduct to be unreasonable, 171. The invasions, harms and injuries complained of heroin by Plaintiffs are more than slight inconveniences or petty annoyances, but rather substantial invasions, harms, and injuries to Plaintiffs’ comfort, property, and use of their land, 172, As aresult of Defendant's liability for nuisance, Plaintiffs and class members are 38entitled to entry of equitable and injunctive relief and/or compensatory damages in an amount in excess of $25,000 to be determined at trial. T Negligence and Negligence Per Se 173, Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein, 174, Plaintiffs, and each of them, are in lawful possession of their properties, and use them as residences and for other legitimate uses, 175, Defendants, during the pertinent times, owned and controlled plant facilities, ‘throughout the State and near the homes of the Plaintiffs that contained large quantities of coal ash waste. 176, Atall pertinent times, Defendants had a duty of reasonable care with regard to ‘management of its coal ash waste generated by its coal-fired power plant facilities. Duke admitted that duty in public statements. For many years the company has held itself out as having “a reputation for good citizenship and service to the communities where we do business.” Thus in 1972 Duke represented itself to be “involved, responsible citizens” who “demonstrate our concern for our community and the environment"? 177, Duke continued to dispose of coal ash residuals in unlined ash ponds long after it knew it had environmental problems. By the 1990s, Duke submitted insurance claims to some of its carriers for the same ash ponds that are now concerning neighbors. Although Duke was aware of the environmental issues caused by unlined ponds, the company continued operating them for decades. Had Duke acted reasonably to manage its ash in the past, the current events now affecting the neighbors would not have occurred. * Duke Power Code of Business Conduct, 1972 "1, 39178, Duke also knew from air contamination workplace testing, performed especially during outages, that some of the contaminants coming from the coal ash were harmful. Air ‘monitoring for arsenic, lead, silica, and other trace metals showed that some maintenance activities were resulting in employee exposures to fly ash and its constituents at concentrations above regulatory guidelines, 179, For example, a December 4, 1980 Duke internal memo labeled “CONFIDENTIAL” described that at the Lee Steam Station, fly ash samples showed “large amounts of silica and varying amounts of Arsenic, Cadmium, Nickel, Lead and other contaminants.” 180. An internal memo dated February 23, 1981 added “silica will present the highest exposure risk.” Another internal memo described that “we are more concerned with trace metals than chemical content... Trace metals are systemic poisons.” 181, On March 10, 1989, an internal memo regarding the “Employee Fly Ash Exposure Project” described “employee exposures to fly ash and constituents at concentrations above regulatory guidelines.” “Preliminary sample analysis results indicate that of the air ‘contaminants that have been evaluated (arsenic, lead, silica, trace metals), our primary concen should be with the arsenic exposures.” The memo recommended that “contaminated clothing should be removed or vacuumed” and “coveralls should be placed in a closed container.” 182. An industrial hygiene guide dated May 1, 1996 described the hazards of arsenic, cadmium, chromium VI, crystalline silica, lead and other contaminants. One of the “sources of contaminants” for arsenic was from “coal combustion by-product” and “vacuuming fly ash.” The substance “can target liver, kidneys, lungs, skin or lymphatic system” and was a “known 40183, Cadmium “can attack respiratory system, kidneys, prostate, and the blood stream” and is a “known carcinogen.” Chromium VI “can attack skin or respiratory system” and was “known human carcinogen.” Crystalline silica can come from ““dusty’ flyash work” and causes “silicosis” and was a “suspected human carcinogen.” Lead can cause “lead poisonit 184, A material safety data sheet dating from January 20, 1997 from Duke’s predecessor Carolina Power and Light warned that “Bituminous Coal Flyash” contained silice, crystalline silica, barium oxide, and trace metals chromium and arsenic. Exposure routes included inhalation, skin contact and eye contact, “Inhaled Crystalline silica may cause pulmonary damage, resulting in Silicosis.” Further, the International Agency for Research on Cancer had classified it as a “probable human carcinogen.” A similar data sheet from Duke Energy Company, dated December 11, 1997, added that carninogens “sometimes found in ash in ttace concentrations” included “arsenic, beryllium, cadmium, chromium, and nickel.” 185, As to hexavalent chromium, which can be found in coal ash, Duke in internal corporate documents warned, “DANGER, HEXAVALENT CHROMIUM, CANCER HAZARD,” and instructed employees to “wear respirators for protection against hexavalent chromium,” receive medical surveillance and keep “[t}ransport hexavalent chromium. contaminated clothing in sealed, labeled bags. 186, Defendants breached their duty of care with regard to the management of its coal ash waste in North Carolina. 187, Asa direct and proximate result of Defendants’ breach of their duty of care, the Plaintiffs and class members have been injured, 188, During the pertinent times, Defendants knew or should have known that their actions and omissions were causing and contributing to cause harm to the Plaintiffs and the class. 4189, Defendants violated one or more federal or state statutes or regulations meant to protect the class of individuals which includes the Plaintiffs and the class, Accordingly, Defendants have engaged in negligence per se. 190. Plaintiffs and class members are entitled to of equitable and injunctive relief and/or actual damages in a fair and reasonable sum in an amount in excess of $25,000 to be determined at trial sufficient to compensate Plaintiffs for the negligence of Defendants COUNT VI Unfair and Deceptive Trade Practices 191. Plaintiffs re-allege and incorporate by reference the preceding paragraphs herein. 192. Under the N.C. Gen. Stat. § 75-L.1, “{ulnfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or aflecting commerce, are declared unlawful.” Under the statute, “commerce” generally includes all business activities, however denominated, and any party claiming to be exempt ftom the statutory provisions shall have the burden of proof with respect to such claim. 193, Duke has sold these consumers electrical power, insisting that its actions in generating electricity and managing related waste have been safe and that Duke has engaged in no negligence or improper conduct and has caused no pollution. At the same time, Duke has insisted that Plaintiffs release it from broad-ranging liability for their “alleged” claims when they had not even sued 194, The facts alleged hereinabove otherwise reflect that under the eireumstances, Duke engaged in one or more unfair or deceptive acts or practices, in or affecting commerce, which proximately caused the injury to the Plaintiff 195, Asa proximate result of the Defendants’ unfair and deceptive practices, the Plaintiffs and class members have been injured, including through having to use bottled water, 42experiencing diminished property value, and having to pay water bill costs and other out-of- pocket expenses, 196, Duke's conduct as alleged hereinabove, in its totality, was unfair in that it offended established public policy or was immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. 197, Further, Duke engaged in conduet which amounts to an inequitable assertion of its power or position. 198, Plaintifi have suffered actual injury including the loss of the use of specific and unique property, the loss of any appreciated value of property, and other elements of damage shown by the evidence. 199, Under N.C. Gen, Stat. § 75-16, the Plaintiffs are entitled to recover treble damages, 200, Under N.C. Gen, Stat. § 75-16.1, the Plaintiffs are entitled to an award of a reasonable attorney fee. DEMAND FOR JURY TRIAL Plaintiffs respectfully demand a trial by jury. PRAYER FOR RELIEF WHEREFORE, Plaintiffs, on behalf of themselves and the class, pray for relief as follows and that the Court order and award as follows: A. Declare the respective rights and duties of the parties; B. Order the sp. reformation; jc performance of the agreement under appropriate terms of C. Certify a class under an appropriate class definition, order the Defendants to provide Court-approved notice to the class members, and designate the Named Plaintiffs and their attomeys as the class representatives and class counsel; 43Enter judgment in favor of Plaintifis on all counts; Award all allowable compensatory and treble damages as sought herein; Award all allowable pre-judgment and post-judgment interest as provided by law; ‘Order appropriate declaratory, injunctive and equitable relief and Award reasonable attomeys" fees and costs to the extent allowable by law.Respectfully submitted, this the 23rd day of August, 2017, WALLACE & GRAHAM, P.A. Stee ; {fA “UO Wadd el Marlowe Rary, NCSB 49480 525 N. Main St. Salisbury, NC 28144 (704) 633-5244 Telephone mvallace@wallacegraham.com hughes@wallacegraham,com LAW OFFICE OF F. BRYAN BRICE, JR. F, Bryan Brice, Jr., NCSB 17840 Catherine Cralle Jones, NCSB 23733 127 W, Hargett Street, Suite 600 Raleigh, NC 27601 (919) 754-1600 Telephone Bryan@attybryanbrice.com Cathy@attybryanbrice.com BARON & BUDD, P.C. Cary L. MeDougal ‘Texas State Bar No, 13569600 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 (214) 521-3605 Telephone ¢medougal@baronbudd.com pro hae vice to be filed Attorneys for Plaintiffs 45EXHIBITS: 1. Duke letter to Amy Brown. 2, Amy Brown’s signed and revised agreement. 3. Deborah Graham’s signed and revised agreement. 4, Amy Brown — proof of property ownership. 5. Deborah Graham ~ proof of property owners! 6. Eric Washam - proof of property ownership. 7. Guy Hutchins — proof of property ownership. 8. Sandra Majors — proof of property ownership. 9. Geneva Shade ~ proof of property ownership. 10. George “Bill” Dalton — proof of property ownershiy 11. Johnny Gurley ~ proof of property ownership. 12. Timothy Barwick — proof of property ownership. 13. Letter dated May 13, 2015 from DENR to Washam. 14. March 5, 2017 election card for Mr. Washam. 15, Mr. Washam’s statement to the NCUC dated July 5, 2017. 46EXHIBIT 1 Duke letter to Amy Brown.526 South Church Stet Malt Code EC13KA ‘Chariote, NC 20202 (DUKE SS” ENERGY. July 18, 2017 ‘Amy Brown clo Wallace & Graham, PA 525 N. Main Street Salisbury, NC 28144 Dear Allen Steam Station neighbor, Duke Energy is pleased to provide additional information related to Duke Energy's Financial ‘Supplement and Property Value Protection Program that is being offered to neighbors near the Allen Plant who are eligible for a permanent water supply under North Carolina House Bill 630. ‘As conveyed in January, Duke Energy recognizes that conflicting guidance regarding the safety of your well water may have left you confused and concemed. Although several scientific studies continue to show that coal ash basins are not impacting neighbors’ wells, the company wants to be responsive to concerns over property values, new water bills andlor the possiblity of disturbance during construction or fiter maintenance. ‘The hope is that the programs outlined below will ease any concems you may have. A signed release is required to receive any financial supplement, but it is not required to receive the permanent water supply option offered under the North Carolina House Bill 630, Receipt of any financial supplement Is completely voluntary. Eligibility For Financial Supplement As previously mentioned, the financial supplement is being offered to any owner of a residential property who currently utiizes a well as their primary drinking water source and is within the Y- mile compliance buffer, as defined by House Bill 630. The financial supplement is in addition to What's required in the state coal ash law. It is also being offered to homeowners within the 14- mile compliance buffer who connected to a public water supply, or installed a whole-home filtration system, on their own after April 1, 2016. However, any property with a well on it that does not currently supply water to a household for drinking use is not eligible for the financial package. The financial supplement offered by Duke Energy is tailored for each community and is based ‘on the permanent water supply option implemented for your property. For the purposes of the financial supplement, "property" refers to the tax parcel as recorded with the county tax oftice. All payments will be made to the property owner as reflected on tax records as of the date the payment is issued, The financial supplement consists of a transition stipend and, if you are being connected to a public water supply, a water bill stipendTo receive the financial supplements, Duke Energy will need: + Acompleted selection card (mailed to you January ~ April 2017) + An executed authorization to access your property (mailed to you in June 2017) + Documentation showing you are the owner of the eligible property, + One signed copy of financial supplement release (enclosed), and + Acompleted IRS W-9 form (enclosed). You will have 80 days from the date of the installation of your permanent water solution to accept the financial supplement. Documentation can be returned to Duke Energy in the enclosed self-addressed metered envelope. ‘Transition Stipend The transition supplement is intended to support your transition to a new water supply. The transition supplement is based upon the tax parcel, not the number of wells on the parcel, and is ‘equal to $5,000 per tax parcel. Property owners who opt out of receiving a permanent replacement water supply and decide to stay on their current well water are also eligible to receive the $5,000 transition stipend. Water Bill Stipend Applicable state law identifies a preference for public water supplies when the connection is possible in a safe and cost-effective way. While the law does not require Duke Energy to pay for water bills, we are offering as part of this financial package a one-time stipend equal to the average residential water bill in your area for 25 years. For purposes of this financial package, Duke Energy is using the 5,000-gallon monthly bill amount listed in the NC League of Municipalities’ Water and Wastewater Rates and Rate Structures in North Carolina as of January 2016 We realize that there are situations where there is more than one household serviced by the potable well. To help homeowners with their transition to a public water supply, the stipend will be based upon the number of meters that will need to be set to serve the homes on the property, Your Financial Supplement Offer ur records indicate that the selection submitted for the household on your property was a connection to the public water supply for the property and household listed below: Eligible property parcel ID: Gaston County #192246 Households on eligible properly: 103 Mitchell StreetBased upon this information, the financial supplement being offered Is: Transition Stipend 1 parcel $5,000 per parcel $5,000 Water Bill Stipend 1 eligible household $73.06 per month per meter $21,918 (meter) Total Amount of Financial Supplement $26,918 The transition stipend payment will be issued upon submittal of the paperwork listed above. ‘The water bill stipend payment will be issued after your household has been connected to the public water supply and the total number of meters required for your household has been verified by the municipality. Households constructed on the parcel after the receipt of this letter are not eligible for the supplement. If you seli your property before the household is connected to the public water system, you will not receive the water bill stipend. Property Value Protection Program The Property Value Protection Program (PVPP) is being offered to any owner of a residential property who currently utilizes a well as their primary drinking water source and is within the %4- mile compliance buffer, as defined by House Bill 630, The property owner must have maintained continuous ownership of the property since April 1, 2015 to be eligible to participate in the PVPP, which is open to property owners who are under contract to sell between now and October 15, 2019. The specific terms of the PVPP are available upon request, but in general, any property owner who wishes to participate must contact Duke Energy when they decide to place their house on the market with a licensed real estate broker. Duke Energy will put the homeowner in contact with our PVPP administrator, who will arrange for an appraiser to visit your home, appraise its fair market value, and provide a copy of that appraisal to the property owner and to the PVPP administrator. Once an offer is accepted by the property owner, if Duke Energy agrees that the owner undertook reasonable efforts to sell their home, Duke Energy will pay the difference between the appraisal and the sales price at closing. A separate release will also be required in order to obtain any potential compensation under the PVPP. The answers to many frequently asked questions, including questions on the Financial Supplement and PVPP, can be found at: duke-energy.com/waterplans, If you have questions not found on the website listed above, or if you have any questions during the process itself, please contact us at 800.653.5304 or WaterDelivery@duke-energy.com. Thank you, rath _flhpomn Martha W. Thompson District ManagerAUTHORIZATION FOR ENROLLMENT AND ACCEPTANCE OF DUKE ENERGY FINANCIAL SUPPLEMENT PROGRAM North Carolina Coal Ash Management Act (*CAMA”) requires Duke Energy to establish, as soon as practicable, but no later than October 15, 2018, permanent replacement ‘water supplies for certain households, generally those that have a drinking water supply well located within @ one-half mile radius from the boundaries of coal combustion residuals impoundments in North Carolina. This permanent replacement water supply may be established. by (1) connecting the houschold to an existing public water supply, or (2) installing a water filtration system on site to treat the water supply serving the household from the drinking water supply well. Eligible households may also choose to opt out of receiving either of the two replacement water supply options. In recognition of residents’ concem regarding potential impacts on property values, Duke Energy will provide all eligible households with the opportunity to participate in a Property Value Protection Plan (“PVPP”) regardless of whether eligible property owners choose to participate in the Financial Supplement Program described below. ‘As a supplement to its obligations to establish permanent replacement water supplies for affected houscholds and its offering of the PVPP, Duke Energy also offers certain additional benefits through this Financial Supplement Program to compensate for alleged harm or loss the property owner has incurred, including, but not limited to, injury to the owner and damage to the property. EINANCIAL SUPPLEMENT PR DESCRIPTION The Financial Supplement Program, if accepted by you, the eligible property owner, ‘entitles you to the following benefits: I, VOLUNTARY FINANCIAL SUPPLEMENT All enrolled property owners will receive a stipend of $5,000 to support your transition to a new permanent water supply, regardless of the water supply option selected for your property and/or installed. Only one stipend will be issued for each eligible property. I, WATER BILL STIPEND If @ public water supply is available for your location and is ultimately installed Duke Energy will provide a stipend equal to an average monthly 5,000 gallon usage water bill in your area for a period of twenty-five (25) years, based upon rates published in 2016 by the NC League of Municipalities. Please note that this option is only being offered to property owners who have chosen to connect to the public water supply because they will now have to pay for water service and Duke Page | of 3Energy intends for this stipend to provide a transition period for such property owners before ‘having to bear this new expense. ‘The Financial Supplement Program is voluntary to the property owner and participation or non-participation will have no impact on Duke Energy’s offer to install permanent replacement water supplies for the subject properties under CAMA or on the availability of the VPP. i (ANCIAL SUPPLEMENT PROGRAM ENROLLMENT CONDITI All eligible property owners must submit the following information to Duke Energy to confirm their eligibility: 1. A completed selection card reflecting their preferred permanent replacement water supply (or the selection of the well owner, if you are on a connected well), 2, An executed Authorization to Access Property, as well as any applicable easements to allow installation of the selected permanent replacement water supply solution (*this condition is only applicable if the property owner has elected to receive a permanent replacement water supply, through connection to the existing public water supply or installation of a water filtration system), and 3, Proof of property ownership through the presentation or submission of the original or a copy of the title or deed to the subject property, and 4. Property owner agrees to establish an account with the applicable public water supplier and agrees to receive service at the eligible property once available (*this condition is only applicable if the property owner has elected to receive a permanent replacement water supply, through connection to the existing public water supply or installation of a water filtration system). Upon confirmation of the submission of these documents, in addition to the completion of this Authorization for Enrollment, Duke Energy will issue payment(s) in accordance with the specific offer previously communicated to the legal property owner, The timing and amount of the payment will be dependent upon the North Carolina Department of Environmental Quality’s approval of the permanent replacement water supply for the communities surrounding each of the respective coal combustion residual impoundments. Page 2 of 3AUTHORIZATION AND RELEASE, I haye read and understand this Authorization for Enrollment and Acceptance of the Duke Energy Financial Supplement Program, I further understand that this contract is legally binding and governs my enrollment in, and acceptance of, the Duke Energy Financial ‘Supplement Program, BY ENROLLING IN THE FINANCIAL SUPPLEMENT PROGRAM AND ACCEPTING ‘THESE BENEFITS FROM DUKE ENERGY, I ACKNOWLEDGE THAT DUKE ENERGY HAS FULLY COMPENSATED ME FOR ANY HARM OR LOSS THAT I HAVE SUFFERED, OR MAY SUFFER, AS A RESULT OF ANY CONTAMINATION IN MY WELL WATER AT THE. PROPERTY IDENTIFIED BELOW, INCLUDING ANY INJURY TO ME OR DAMAGE TO MY PROPERTY, THAT IS ALLEGED TO HAVE BEEN CAUSED BY DUKE ENERGY OR ANY OF ITS AFFILIATES. I, INDIVIDUALLY, AND ON BEHALF OF MY HEIRS, SUCCESSORS AND ASSIGNS, AGREE NOT TO SEEK ANY FURTHER COMPENSATION FROM, OR TAKE ANY LEGAL ACTION AGAINST, DUKE ENERGY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES ARISING FROM OR RELATING TO ANY CONTAMINATION OF WELL WATER OR DAMAGE TO MY PROPERTY ALLEGEDLY CAUSED BY DUKE ENERGY'S COAL COMBUSTION RESIDUAL IMPOUNDMENTS. By my signature affixed below, I hereby attest that I am the legal owner of the property described below and enroll in the Financial Supplement Program and I accept the benefits and conditions of the Financial Supplement Program, as described herein. PRINTED NAME PROPERTY ADDRESS SIGNATURE DATED: Page 3 of 3Request for Taxpayer Give Form to the {Ps Onoanter 204) requester, Do not eee Identification Number and Certification Garren Raa oA oF FORTRCO ETI Wr OGET SS GS TT a TRS Da T isnt rane aie OY TS SRT 3 hesk appa or era clacton Ch one im og sm Bo | end $58.4 rm IS by ting AS gov aby cain 1600 TAX FORM (soo 870 76) yu ae ones o compete Ferm W:9 bdo not have TI, sly fora TN sandr “hopieg For nt epce ft he TN. sn and at tom. lve t {0 te roqutir mura nd rider payne, wd cert payments rae ‘wireapet rea vocab stunts, unray you wt have Go cay 10 gt [STN and git the equelar ole yo ere sce: to backup mibkang on Beymer The 2-day rl Sows ot pay to ober pes of payments You ut Be Silt to backup witboldng ol such peyments Gl you oa our Te the reas. Note, nti Applied For" means he you hav ecy aopld for 8 Tr that yountend to poh lr one eo auton: derogaried US, erty that hs fr nmar iat use soprapate Form We. yo ona erly. 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Cran pores may aes tape ‘ong ove or Fault tronEXHIBIT 2 Amy Brown’s signed and revised agreement.AUTHORIZATION FOR ENROLLMENT AND ACCEPTANCE OF DUKE ENERGY FINANCIAL SUPPLEMENT PROGRAM North Carolina Coal Ash Management Act (“CAMA”) requires Duke Energy to establish, as soon as practicable, but no later than October 15, 2018, penmanent replacement ‘water supplies for certain households, generally those that have a drinking water supply well located within a one-half mile radius from the boundaries of coal combustion residuals impoundments in North Carolina. This permanent replacement water supply may be established by (1) connecting the household to an existing public water supply, or (2) installing a water filtration system on site to treat the water supply serving the household from the drinking water supply well, Eligible households may also choose to opt out of receiving cither of the two replacement water supply options. In recognition of residents’ concern regarding potential impacts on property values, Duke Energy will provide all eligible households with the opportunity to participate in a Property Value Protection Plan (“PVPP") regardless of whether eligible property owners choose to participate in the Financial Supplement Program described below. ‘As a supplement to its obligations to establish permanent replacement water supplies for affected houscholds and its offering of the PVPP, Duke Energy also offers certain additional benefits through this Financial Supplement Program to compensate for alleged harm of loss the property owner has incurred, including, but not limited to, injury to the owner and damage to the property. EINANCIAL SUPPLEMI RAM DESCRIPTION ‘The Financial Supplement Program, if accepted by you, the eligible property owner, centitles you to the foliowing benefits I, VOLUNTARY FINANCIAL SUPPLEMENT All enrolled property owners will receive a stipend of $5,000 to support your transition to anew permanent water supply, regardless of the water supply option selected for your property and/or installed. Only one stipend will be issued for each eligible property. I WATER BILL STIPEND If a public water supply is available for your location and is ultimately installed Duke Energy will provide a stipend equal to an average monthly 5,000 gallon usage water bill in your area for a period of twenty-five (25) years, based upon rates published in 2016 by the NC League of Municipalities. Please note that this option is only being offered to property owners who have chosen to connect to the public water supply because they will now have to pay for water service and Duke Page | of 3Energy intends for this stipend to provide a transition period for such property owners before having to bear this new expense. ‘The Financial Supplement Program is voluntary to the property owner and participation or non-participation will have no impact on Duke Energy’s offer to install permanent replacement water supplies for the subject properties under CAMA or on the availability of the PVPP. FINAN L SUPPLEMENT PRO! M ENROLLMENT CONDITIONS Al eligible property owners must submit the following information to Duke Energy to confirm their eligibility: 1. A completed selection card reflecting their preferred permanent replacement water supply (or the selection of the well owner, if you are on a connected well), An executed Authorization to Access Property, as well as any applicable easements to allow installation of the selected permanent replacement water supply solution (*this condition is only applicable if the property owner has elected to receive a permanent replacement water supply, through connection to the existing public water supply or installation of a water filtration system), and 3. Proof of property ownership through the presentation or submission of the original or a copy of the title or deed to the subject property, and 4. Property owner agrees to establish an account with the applicable public water supplier and agrees to receive service at the eligible property once available (*this condition is only applicable if the property owner has elected to reccive a permanent replacement water supply, through connection to the existing public water supply or installation of a water filtration system), Upon confirmation of the submission of these documents, in addition to the completion of this Authorization for Enrollment, Duke Energy will issue payment(s) in accordance with the specific offer previously communicated to the legal property owner. The timing and amount of the payment will be dependent upon the North Carolina Department of Environmental Quality’s approval of the permanent replacement water supply for the communities surrounding each of the respective coal combustion residual impoundments. Page 2 of 3AUTHORIZATION AND RELEASE : I have read and waderstand this: Auiboriration for Enrollment and Acceptance of the ‘contract is fegally Financial Mike Energy Financial Supplement Program, { funher understand that this ‘binding and governs my enrofiment in, and acceplance of, the Duke Energy Supplement Progran. ENROLLING IN TIE FINANCIAL SUPPLEMENT PROGRAM AND FROM DUKE ENERGY, | ACKNOWLEDGE THAT DUK, DE.DAMAGE TO. MY ee PROPERTY IDENTIFIED BELO PROPERTY, THAT IS ALLEGED ITS AFFILIATES, §, INDIVIDUAI _ASSIGNS, AGREE NOT TOs LEGAL ACTION as AFFILIATES 1¥ HEIRS, SUCCESSORS AND! S FROM, O8 TAKE ANY SUBSIDIARIES OR WELL "s By my signature affixed below, | hereby attest that Iam the legal owner of the property scribed below and enroll it the Financial Supplement Program and { accent the benefits and __ ¢onditions of the Financial Supplement Program, as described herein, ADE Mle hell KBasont Batis eeeEXHIBIT 3 Deborah Graham’s signed and revised agreement.AUTHORIZATION FOR ENROLLMENT AND ACCEPTANCE OF DUKE ENERGY FINANCIAL SUPPLEMENT PROGRAM. North Carolina Coal Ash Management Act (“CAMA”) requires Duke Energy to establish, as soon as practicable, but no later than October 15, 2018, permanent replacement ‘water supplies for certain households, generally those that have a drinking water supply well located within a one-half mile radius from the boundaries of coal combustion residuals impoundments in North Carolina. This permanent replacement water supply may be established by (1) connecting the houschold to an existing public water supply, or (2) installing a water filtration system on site to treat the water supply serving the household from the drinking water supply well. Eligible households may also choose to opt out of receiving either of the two replacement water supply options. In recognition of residents’ concer regarding potential impacts on property values, Duke Energy will provide all eligible bouseholds with the opportunity to participate in 2 Property ‘Value Protection Plan (“PVPP”) regardless of whether eligible property owners choose to participate in the Financial Supplement Program described below. ‘As a supplement to its obligations to establish permanent replacement water supplies for affected households and its offering of the PVPP, Duke Energy also offers certain additional benefits through this Financial Supplement Program to compensate for alleged harm or loss the property owner has incurred, including, but not limited to, injury to the owner and damage to the property. FINANCIAL SUPPLEMENT PROGRAM DESCRIPTION The Financial Supplement Program, if accepted by you, the eligible property owner, entitles you to the following benefits: 1 VOLUNTARY FINANCIAL SUPPLEMENT All enrolled property owners will receive a stipend of $5,000 to support your transition to a new permanent water supply, regardless of the water supply option selected for your property and/or installed, Only one stipend will be issued for each eligible property. I, WATER BILL STIPEND If a public water supply is available for your location and is ultimately installed Duke Energy will provide a stipend equal to an average monthly 5,000 gallon usage water bill in your area for a period of twenty-five (25) years, based upon rates published in 2016 by the NC League of Municipalities. Please note that this option is only being offered to property owners who have chosen to connect to the public water supply because they will now have to pay for water service and Duke Page 1 of 3Energy intends for this stipend to provide a transition period for such property owners before having to bear this new expense. ‘The Financial Supplement Program is voluntary to the property owner and participation or non-participation will have no impact on Duke Energy’s offer to install permanent replacement water supplies for the subject properties under CAMA or on the availability of the PVPP. FINANCIAL SUPPLEMENT PROGRAM ENROLLMENT CONDITIONS All eligible property owners must submit the following information to Duke Energy to confirm theit eligibility: 1. A completed selection card reflecting their preferred permanent replacement water supply (or the selection of the well owner, if you are on a connected well), 2. Am executed Authorization to Access Property, as well as any applicable easements to allow installation of the selected permanent replacement water supply solution (*this condition is only applicable if the property owner has elected to receive a permanent replacement water supply, through connection to the existing public water supply or installation of a water filtration system), and 3. Proof of property ownership through the presentation or submission of the original or a copy of the title or deed to the subject property, and 4. Property owner agrees to establish an account with the applicable public water supplier and agrees to receive service at the eligible property once available (*this condition is only applicable if the property owner has elected to receive a permanent replacement water supply, through connection to the existing public ‘water supply or installation of a water filtration system). Upon confirmation of the submission of these documents, in addition to the completion of this Authorization for Enrollment, Duke Energy will issue payment(s) in accordance with the specific offer previously communicated to the legal property owner. The timing and amount of the payment will be dependent upon the North Carolina Department of Environmental Quality’s approval of the permanent replacement water supply for the communities surrounding cach of the respective coal combustion residual impoundments. Page 2 of 308/15/2017 zs 21:27. eax (qo02/ 002 AUTHORIZATION AND RELEASE T have read and understand this Authorization for Enrollment and Acceptance of the Duke Energy Finacial Supplement Program, I fret understand hat this cont bi s ‘Mt AND ACCEPTING aEATAT DUKE ENERGY HAS NAT‘ HAVE SUFFERED, OR ON JN MY WELL WATER AT THE \JURY.TO ME OR DAMAGE TO MY HD BY DUKE ENERGY oR anY oF SY \V| IENALF OF MY HEIRS, SUCCESSORS AND \v ANY FURTHERCGMPENSATION BOM, OR TAKE ANY. AFFILIATES ARISIN SULT OF ANY cONTAMISA PROPERTY IDENTIFIED BELOAY INCLUDING-ARY IN G FROM 1am the legal owner of the property 1 Supplomeat’Progrem and I aocept the benefits and 5 Grolnan euro ureville “Rk Salish’ i PROPERTY ADDRESSEXHIBIT 4 Amy Brown - proof of property ownership.: “TORT ee nae 9010: 944489980009 Toe: OR : ieeetdea aveareooe a 9:00 age’ | of 3 7 SESEH"8, Nockrscge Reatater oF Deeds Sy oa, eo" 4281 185-187 County onthe day of. 2 No__28092 Brief description forthe Index: THIS DEED wade, Dac 7s itive? ecenbar ,2)_Ofby on between GRANTOR = EE 7 GRANTEE ie Samuel Leroy Young and wife, BRédler, Brown, Jr. and wife, Nellie $. Young Ente in sppropriste block foreach party: name, address, and, if appropriate, chareckerof entity, eg corporation ar panneship, ‘The designation Grantor and Grantee as used herein shall include said. parties, thei heirs, successors, and assigns, ard shall include singuler, plural, masculine, feminine or neuter a8 required by context Sty A A \WITNESSETH, thatthe Grantor, fo valuable consideration pad by the Ge, te veckpt 3 whit is hereby ‘gknowledge, has and by these presents does gram, bargain ell and convey unto the Grartee in fee simple, ae cer 1p land situated in ‘County, the City of, Noth Carclina and move pavticlaly deserbed es follows see attached Exhibit "A". ce 54 ‘map showing he sbove dscibed property is recorded in Pat Book__13__poge__ 65g [NC Bar Assocation Form No. 3 © 1976, Revised © 1977, 2002 + dames Willen eo, te. Printed by Agreement wit he NC Bar Assoc The property hereinabove described was scquited by Grenir by instrument ecorded in Book 3019 ion - 1981, ‘wun JamesWillias.cony”EXHIBIT “A” SEING ThE yu CONTENTS OF LOTS 102, 103, 104 AND 105 OF THE HAROLD L. WARREN PROPERTY, ALSO KNOWN AS THE GREEN ACRES SUBDIVISION AS SHOWN ONPLAT THEREOF MADE BY SAM ROWE, JR., DATED APRIL 20, 1957 AND. \ RECORDED IN‘PLAT BOOK 13 AT PAGE 65, GASTON COUNTY REGISTRY, TO “WHICH REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION BY MRTES AND BOUNDS. Being the identical Property conveyed to Samuel Leroy Young and wife, Nellie S. Young, by deed date November 30, 1999, recorded in Book 3019 at Page 541 in the Gaston County17, TO HAVEAND TO HOLD the eforesnid lot or parcel of land and all privileges and apparerances thereto belonging to the Grate in fe impo, Ande Gro covenns with be ra, Greta ssi othe prenissin singe the ight to convey the sane ne sil tat eaten nde an le al eocambraes, and ht Gane wil ara deen isp he awful claimsiof all persons whomsoever, other than the following exceptions: j _jfesqneits, rights of vay and restrictions of record, = (SBAL) Samuel Leroy ¥ 5 7 g Vosee Yous eh (SEAL) & QelTie 8. Youns 7 z s (SPAL) i 3 8 (SEAL) 8 Sie ef Mgih Corfi fComnty 5 Gaston. EE The whleignet Nyy Putte Cunt and Sitters cefytat_Saavel Leroy Young ae _____ person appeared before tis dy and ge Eston ofthe Gre sing dames! ore purposes cin capesie, Witness ny anc and Nol apr seal is Si lsth_—yof _Decenber 2006 3 MyCommisian spies To/yiig 7 2 * cE Notty Public z . personally came before me this day and ‘scinowiedgedttat_helsthe Sof ee nerh Coainess a ee $e Parmership (tke through the inaplictble\/and that by auxhorty duly given and as the act of each entity, ieee gn en SM Sod ed ‘Wimess my hand and 2 ‘ { dayof 20. Notaria stamp or seal is, @ My Commission Expzes: SERETA INK 8 Vinci nd New ap ai pee My Oacamision pies: wf ee s Notary Public “NF Cerise) of. ire rid be baey ‘This insmumen! and this certificate are duly registered atthe date nga and in the Book and Page showin on Ux Fist page hereof, Beater of Deeds for Ms £ Cosity Deputy/Assistat - Reuiater of Deeds : NC Bar Assccstion Form No, 3 © 1976, Reviaef 1977, 2002 * Janes Witians'& £4, In. Printed by Agrecmect with he NC Bar Associaton - 198] ‘wor JamesWallas com,EXHIBIT 5 Deborah Graham — proof of property ownership.Page 1 of 6 . 03 fount ett 22.001 26 PNG AR bs eeMtahT ) AEG-uF CEOS ACasghe 0 pay any we 4 eng B84 ————— DEED OF TRUST SDE OF RUST ESR Nema et ve pane (hmover) The tate eM Sac reac 8 esgvieeia 8 hon cl es Sen ales We ar Sue Sa 8 818 cee Iwenmer an tent epi son ot Fos ty three Usmscapd ad bars anal woe ta A482 sega Sa. 1 irae ee by Derr se he ese ae hs Sea Fa ae wb oe ony ph nh he Me fd at, Spyanere, Novewber Ts Su hee ner ead ee Sim ean sees ane woke i? ft Hy fs Ss ne am (pts hee te ‘Sanne pect ond Sec laut dd Ste It a, han eat sm et eee ‘ara een digraph pc’ Re en et Fs ho Rowan aa. Ne Ca BEGINWING at an e.isP. an the edge Of the Tiaht Of way of Dukeville Fond (sl 2175}, comvon corner of otu oe. 3 and dy ence Wiel the Tine of Lot No: 3 5,82 dogs 99 mins 90 soc, 200.00 fect to an Rilipe dp the Lite Uf fukn Power Cosy thence with the Line of Dike Power Co. Ws 00 deg. OL win. OU RCC, M. 100-00 feet Lo an nets) common eotrice of have Noss i gnd_2j ‘thence with the Line of Lat Ka. SoNr 99 dog. 99 mins 09 aac: ie 300.00 foet to ah wei-ne Gn the eye oththe right of way of oikevidie koad; thence with thi cdye of Dugevitie nond 6, 90 deg. Ol min. 00 geet 99,00 teat te tho BRGTING, and eontaiing 0.689 ave and bwing Tot Haw 4 oC the Duke Power Conpary, Erskine Sihdivisten, Map ook, page 821, Rowan County registry, ae shown upon survey mid plat dated Huck 38, 1988 by michaed he Shulenbargery. Pt ooh ns me et SNC) BakOE LT Ma Sat iabwey Nien eansne 2414 eta A uae veoce 1 4AVH ANY 10 HOLD page ots Take een ae ge wanatnengemenes mn SSRIS aameont caw erpersay gata ee oRKONR COVENANT at game kn seed ee este Ren am Ry ‘sadn comune sum wren een onset eee ane Lo TOF 05 alan soto mae csc sen lPage 2 of 6 IPD CONSNANS Hen Po nena an gc Sows rs Hrs Rita eh oe ba) ane hfe nae ees ea ae SS ree a a ncaa eae Recerca input rtd ath it pei a eo or hectic ea an Ran gine na ene ‘esperar cher eng ne sa ebcuuecanene ee Sia imitate netgear aft eet Fas wo arte Tos ne rgetn ada ry as coe ye See as - Int cn cfr nae me Se bse see mo me fer eda gece wits ey wr ant wa got ecan die Sitader aeteitats engicgeat aPaer S sr mmet iene nal oaalkt emit pa a Iapeea Ute neatersesten Beg ae ag ch ape tamer eo me rb ren ee any eres a ree Si ecu tepees cram eiemrnete cao pa tncndates Se Rey iat westoeeeg cys ata ein a oot en a Reet genset Sc nyo wen mars wean esi eer teat Sos rae es wes aude Sea etanaconatacn cn thenanmtenyaiaease Sic arutigetnb lec arc vegeta fin re [Sein hare at nine en rate ee ee ie stad ene aged pap ace nasty etd a enn neg ye ny Sn tn eh nt {Syetetatane The tric ate mien ie yoo tyra hal fae equ Te ara wed Int srnc al e syweny Hare jet eae opera sa ane trea be Tf baroc e venh Secon tarox ta gn Maracnp an iaaegois payor ae cecararsrece ett ee ‘aren Inte et eye ge pre Ht he rn Ea a emt Me RO SD chorea ie ; SE a tt a Sa ee a ete ecg ety aed See Sor set Cena mnie (oon ame nm wmene cancer Peccetey irushecn atom entation Soom needs woes crac . ac asco nyo erect ra ecaengammer censuses a Mir aoe eat as eee eee ee eer es tee wy reat Ra rae dae ator eat es mee St an en See et eee eer at re re SRE er enh Wart widen el ret Seana md ae rely water cence eh ar es Smt Shei ae ene faa ae Sila a oe Care ‘ser eur that bs se pce a pangae I cag oi mero ds a ig Scie reac hem alte tana etek meee lieu atic een Cuererteareeradie seh Cet rar tee epoieiare tenance ca entre sea teeta Repeiaee mer a eh meetn nama cumrameeniet ieee ay Prue gu kate the laser andthe Ye ae ana ot merge ess Vander mec he ergo WHE stv arti hey tiaras ey “escume rtte eeedg tt wy mony weenie oper (em apne MA Sire Rarer a ge te taro erm gm centrr stat Se rac na ean ees tare tac ey Sebi tas etc pt ean caer one erat a a htt ta erate ane sea ncaa ans Rac ‘as 096 sha e payee. wolves, pon soccer Vende io Ronawetlequeting payment. Sed ent ley feces ete nt Sosa tan te pause cease nay mato eats maar nae emir 2 aPage 3 of 6 se nm a a, ra na eet as ac ‘eta mane ery ti sry ear te owe he ng Denaue ee ieee Segarra as needa ett tea SAS sin i nme a eet a Sine iS itaeecmncee nna setting race th mecdnark Sie mednater petra cutee eeersaneaiate spe ares EcRigattn cape tn aa ir he aa lt ecm rage inaro p onee siete casa a cowpea dah renee? eieac ammatmaeenecan SMa Win tr ke tg Btn ieee Fra ie ae ents aso sen mente anes the Trp bane by Uwe, eo yeas Co Rrvrons he md mae a ar soc ain bh seeds 3% Be ai gam eet oe Miter te Treen a shane bremnd ib wi Fen won sired ae’ bers ae a td eat ate se ete rl cc fae he fms nos ea enn eum srr ye ent eo Piste eta its netstat wR any te Reng ata ad Hast, Coa The ce eM ane sheesh tata iter cnaecurgnnennicncorete eg cy Syatgonie serena a Gaauaath teh anna urdatoe ge een ly ear or mae any aoe ah ep term oe nme ee Nm the (ay an cg cei ssn gy Reb se San eS SIR rre cea areca Neen Sadan wiry Rcynataraneon temas har sa tt snap i rekon sets esa ae Se ety eee et Sepia eras ccemnara eanweurioea umareecyg souean atta aw rei Tan Sh Ieee pet yf an he con wpa ne cpp creeper naam tng ees Eo rc to ey Bea ha ey et a nrc ar ete eer ab ec et a lps) wht de re we ‘Sieridhfens ster tam arpa race thane ia Ge Ss Gated fa manu kwon eigen aed Pnk o fusmy nek Pemnes sy ae (oats oie dens Ta ie fe - ences irene «mney tone ya ct sete ats rer enamel eth DEE Tati mecceertane tage Spohr td hase ee acing aN he Pe Hagen Und Ss here eae bw sa eee a Be tae week Sine nee tian oe tok toce gaartnncans eactteae Seance i Eau Saucon. aan oman sr fei nt doa ei in ta pte ‘SE lun cesta cinch ater ke iia ec a wen spines ease ait sangeet ace iB ered vita sats Recon tec as sein ets c oaeaePage 4 of 6 Jc ima i ao a a sa tong Irion line st tthe er theta poi ene eg TF lhe rte ‘my hays se Sate ran noo wive pbs nua ya Tete ote teat psn corte wae eg e haa Rec anea ee a generar eae a ee aor PS a Ree area dee eee a ae fea el st etn a oe eet ire a A et ee a ee See ea a ae ates Rone eee Farts ta {7 erinrmrs en [) item eae gicmares Hemost esr Been a Se Bab Hessen} agen Wale Weyl Miley sos ton 33) SEIS (ests ten ae eee sooo ott tt eg et tt : (i te 9 STAN OP Roum yew fF ALR Fr He asin wertibeconayeh Rue See Can, ae I AM Ralph Ye tohaee le wah ifs Debary te Graham son ape ee meh dh tm he one ea eek HAE ig Sawn pbp aes 2 aut Oe FF ae 056 97 SAflasies Bboy. A Rowe cy arses Taste susie pagB anon, Resor tenn netisponyoonenegr Shaun 1: Mei Lng satay Putte te Couey of ous act AC econ me Ze srt Coleen 992 Bet Mitenteadt teow ocr, Perse hep co Dende DS. Comoata A ESESEECeeeE eons 4 eeusoPage 5 of 6 ADJUSTABLE RATE RIDER (yer Tena ie Rot cap TSADWUSTABLEAATERICERIs males 20 day Cetobe 1999s Incofprtd rio ed ha dean to anal on sgn gaps, OTT Ti Say Dee ‘@u-Seeetostumert) oft sam se gen by ba weg (ha arene te acu Honora ‘ais Rates Qo 09 OMMBANE, FSB. a (Groner lt date a avenge rope oid We Say ao wn oT ‘slo Darerte Ra Sangury NE. _ ae Tepes ‘THE NOTE CONTAINS PAOY.SIONS ALLOWING FOR CHANGES INTHE INTEREST AATE {AND THE MONTHLY PAYMENT. THE NOTE LIMITS THe AMOUNT THE BORROWER'S. INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXMUMRATE THE BOR. ROWER MUBt Pa, ADDITIONAL COVENANTS. anton ateant on geal mal the Sacre Borowears Lower utr coven ae! tee alone [A INTEREST ATE AND MONTHLY PAYMENT CHANGES ‘Trae pert ante! ila ot 6.260 %. Ta et proves tv tangent ot a andthe mary payment a oon “INTEREST RATE AND MONTHLY PAYMENT CHANGES {Ah Charge Datee ‘Tra tert at | pay may char oni say f_ November 19 94 sedontar oy every an marotnreaer. Each Ge wry ee eo CS ETS Oe” (21 Thatoder ogoing wiht st Chang it. ees wie based a an dex The ind ste veely nergy ol on Ute Sao Toakry scutes ae oa cei eu eV, axed nara ‘heFleta Reserve Boars Tha mes eet bse pr avai sl ha eh sy lr cach Crags Ow Iweete te "Corer en” tm nee nolonge! wate Noe Helder nachos anew ich’ snd wp compete oman The ve Her wl ge ole lise (©) Caetaan ot Changer Bele aah Charge, he Nol Hole chat my ow ten ate by ang _Tao and Tews Dptcenioge pons 2 780) ibe Cerner. Veta i ‘nan Tar saTensheeces a oR crag a eras) eta ek leh in Gretna bow i ovded ma wb ma atl enn angele, That Hae wa tha cuuran he ame ha moray payee ht Wosbee 0 ep Ee unpald pinlp atamenpeceto one te hang Dace nt on tema Ome ty Pawn, ‘ate subtly eal psyeants. The wsdl is eledaln al bee aw ecu ny ey pervert (Of Lt on ttre Rate Changer ‘Tha lmestrt | aed a pay ana fe Change Oats abo gett han _280. orient than _ #240. Throate, my nasal tebe reese deeased oan 998 Chinas Ose ‘bya Wa coprcertage pe (ZO) Kom eae tee nav been pe Ste eceag ‘ivesrae natneeree gins) 11 250. ) Ehacve Oat ot Changer My newines ate wl become eat on ea Chinge Oi t wpa ha aac ys mohy ‘erent bagenig oh arty pay aor Cargo Dau than lm mony payer tpg aga (Net of Changes TreNaaHake wa dat of matt me aco ary changes ys neato aa my Fac bore the lav aa of ay charge. Th eaten wad Wermaon eed nto nowt therm adalat Et artepoe number fe psn who wl rane ary gustan ay he teprseg Renosce 8. TRANSFER OF THE PROPERTY OR A BENEFICIAL TEREST IN BORROWER ‘UnfornCovrart 17 othe Sect rananat eee oon a folown “anata ofthe Propery o 8 Bane ian Brome! any par othe Popo arya ‘nist orvstored (ofa boned aren Brower s adr tan and Boron Pk haha ‘ore vt Lande’ pr wien conse Led ay. opin reuters payee fal sum ‘ecco bis Sct aatrs, Howe: ts on tha nt be exc by Lender Heese OBA 5sPage 6 of 6 ‘weebetigmad tote warsce ae) Lene rasta elamees it User's sy nt De reed ‘ptr pump and at he sk! acs of any caver vagrant tha Seay hae steal to Lan Toro eat pets by appeals in, Lene ay chnge enomite ae at acordo io Lane's const oral assump. Larder nay ites nant lo sh eal apna Isasentaeo Lender and tha ote tw Woh a eyp athe pronsts an agrexmertnae he Ne tenis Scat ataect. Boone’ wl cette cba vase Ne anh Seca instr ‘res Leer edees Banana wl, ence exec ne opto to roqre rnd payment nk Lends ge Brno ote of sccslaten, Th nate hal prom pad lctas han 0 dey tere dt the ale eed 2 ale hin heh Btowe” mst fay sms sce by IMs Seo sen BosTner ty hese ‘Sora rer tonto npr areata ren pany acy 6Y SIGNING BELOW, Rooveraccpi it mreslo theresa cavers conan nth Adele 7 attend Codes Gin —— eaEXHIBIT 6 Eric Washam — proof of property ownership.616 fa TEETER cucu ghld un. oe This Beed, wus ancunvinG at « somner tx the concer of the hacdnutfaced bisheay that lends fron Murray's MLLL'co Teerell, North Caroline, tame belag the Rereheest Corner of Norean Brothartow, aod rune theace aloag the Line of Norust Brethertow douth 72 dg. 30 mi {tat 317-0" et ote Sfon stakes a nev cocnar in the Lise of Horwan Brattetton, 10 ong a naw line North 18 Gag. 15 min. Kent 28570 fast to an fren staiey ‘Rew cotnee; thetce runing aoetier nev ine North Th deg. 00 alt, Gast 323.5 feat to corner io the canter o€ the rons frst above mentioned; thence Tanning av foe wich che centerline ef sutd hardnucfaced Nghway fleat above nenttonee, Soaty 13 det, Soctn ewe inmieg, concatning 2-0 acraty mote or i made by ©. Sem Hovey C Hon March 7) 1936, by 0. Gen Rove, CE om Mase 7, 1936, reberence 608, cata county Replatey. fev, $15.00 oo no 0 nn ft mts i hile etond party the” Mena ew 2. 0. [ATE oF nom CAROURA, cab Cot occ WidenEXHIBIT 7 Guy Hutchins — proof of property ownership.sua eee EEE ESE eee 0s $100.00 Zinta ORG, HTN & BOD, EATEN wa A) See ne TE OF NORTH CAROLINA JOFED, mass th Cy Joni OSes - ‘Coury 32002 04333 Pn ya en A AOE EER even set aE Coy iy te CRON ER ABORT I See senesstn Tp can 929 fel Pow lene, Concord 25925 eum a 31209 peas eaeeeeea yt Sabaens an a gga REVEL 1 oieaon ht. on 8 (a Exc beaten eke sewage oe ted od cn ah Cg, Rha ler ms a ss leveled Tig BEGIN a ptt in tha caterine ofan casero apn yng Noth 20-10- fab 52 West 20 fot rom a ram ion pin, ead port bang the ending pail o he eaeernel fen 101°" iow deste age! rare tence rom sad ogni pon & hen ln slong a0 whe Be arene o sat Ggoinon the folcning oh eat Neth 0223-18 Ean 89 lat & pa itarce Nor 07-26% eat 88 foot fo apn tance Hor 062419 Eas Tad Tok palo tenes Norn GOH East 78.03 fee tw a point thence Noth C307 20 Eat 6308 oak {048 pon Ihonco Nori. 23-49 East 32 94 fot oa pom thanoe rt 22-9-29 Cal doa ea a pot thence Ne 8305-43 Eas 11785 eal to pom apo bang Noth 8010 55 West 20 feat rom a fe fon pr hones leaving Ih cotoine of sé cass cts ew ino, Sah 8010-85 Kay (cscig a new ro pina 20 foe toll iano 0 TEBL.GH tel toa neon pin in th ct ho property nwo forme cnn by Calabar Co 88 described in Bok 188, Po 42 of be Cavelans County Fei nee Sou O07T000 Eas 54 78 tel oa ng ron BR thee stolhr re ine Not 6070-20 Wet 196803 ot lof pace of ECRNING, onary 1 6 acs rw ores ‘Aco conveyed herein is @ non-exddive wasemant for the purpose of Ingress, ecress and ‘09/035 lo he hereinabove described ct ng ten fee ler side of ne described as fellow BEGINNING at a point inthe tie of tHproperty now or formerly owned by Martha Ruppe Gibson a8 described in Book 17-D, PagQ76 of tno Cloveland Counly Regist and tn he centerine of an easement dascrted in Bock 413. Page, Clevatand Coun Registy, sald point ying North 87-00-00 West 103.94 teat rom sce and Nort 02-30-00 West 36:41 Fee eam an {exstng ion pin, 84 point also Wing South 35-20-41 West 25.82 feo ram the cenlr of Teneo gale; and runs thence from sai beginning port the faloning ssn eal: Nerts 85-20-41 Cost 25.82 feo! to point: thence North 44-51-27 East 9487 foal fo pont, thenes Nerh 40-22-17 East 49,99 fet toa point, thence Noth 32-18-27 Edgfet2.08 feet toa point thence Noth 18-87. 02 East 4564 feet 1.2 point tance North 04-35-44 Fal 39.02 fea to 8 point thence North 00. 48:00 West 114.20 feet to a point; thence North 00-0884 West 118.5 feet to 8 poin; hence North 02-23-18 Es! 80.94 feat 109 point; thence Nor )¥.26-07 East 63.38 fea t-a poi, tenes Not 06-2419 ast 70.2 ant a poi honcd Norh 0-04-45 Eas 79.69 fo fo 8 foes ence Nor 05 721 Ean 63.08 feel a pkg No 0849 Est 8264 fa {epolat hance Nort 22:4-23 Gast 48.37 foot a pont bic Neth 3808-48 Eas 111.63 feet ioa point. > Aso conveyed hecin a nonerclsve casement fr the pulfoso of ress, atess ane teres kar Slate Roa No, 2508 the heraravove Soesrbedgnpa as Toaied I Book 1118, Page #27 ofthe Cleland Coun Roget “raat 2: BEGINNING ota new Kon plan tho cantene of a privat ea being the last cal ofthe heres below described estoment anc runs ther point slong and wih the centerine of sakd easement ne fokowing tity Eas 4403 fet to a point: thance North 16-39-52 East 76.41 fect toa pant 36 Eset 64.65 feet a point: hence North OF-36-25 East 48.38 feet toa point 58-09 Fost 7.83 fet to a point thence North 20-12-66 Easi 79.31 feel oa pon thence Novty 12-07-48 Eoat 19.22 foe fo a poi thence South 82-14-10 East 42.80 feo toa pon, hence South 78-98-01 East 46.34 feet to 9 point; thence North 86-66-37 East 92.32 fee to a pant ‘hence Neth 60-02-27 East 30.12 fet to @ point hance Nortn 46-05-24 East 3998 feet toa Dont thence North 20.01-48 East 63.63 feel fo a point thance Nort {7-17-08 East 2085 feet "0.8 pol thence Nerth 45-00-26 East 70.70 feat. pon: tnanoo Novth 42-02-18 Zest 80,92 {eet fo point, thenso Norm 6258-60 Eoct 6164 foot toa point, thence North S8-31-39 Gact 73.28 fo0l to & point: ence Novth 62-38-16 East 5828 feat to's pont: thence North 68-13-25, Ens 48,72 feet to a poli thence North 72-01-07 Eaal 64.0 feo o a pon, thence South 68 5, sad no kon in rom sid beginning Nor 27-46-67 beseription Continued leonard or Rees fon Attached Pageon Satine Besertotion 2 0. yn aN 6 3. Toms, BOOK 1333 PAGE 1196 230 Eas 10 feet oa pit ence Sash 76-01-58 Eas 549 apn nena South 76-2649 East 6364 foot oa pn honce Noth 67 36s West 36.72 toa pan, oe Snuh 75-92-46 F9s1389 fet (0a poe Su 7370 al 08 1 pe tenco oun 7-453 Eas 8818 fet fa pun nce South 04-2049 Eas 280 foo el thence Ker 8-500 Est 48% Tot oat fon pn th Eo of pay on ety onned by doh W. Moo dasotes in Book, Page Otto he Ceveens Cary ety thoes Leng the caine ae pare Sth 0-70.09 Fat (Sossing ah >is lon posto SOU croak bak a 596.7 fot ain dance o £426 fe oe he ISB on Non 80038 Wo 1 tae seo SEGBINS sai 9 ara, ore oe ‘Also effioyes herein i 2 non-oxchisve easement for the purpose of ingress, egress and regeess Ke hereinabove described trac yng ton fet ole side of Ino doserbed a falls BEGINNING, a pot i the Ine ofthe property now o¢ formerly owned by Hatha Runoe ‘Goson as débrited m Book 170, Page 870 ofthe Covet’ Coury Regist ond he canter of an easemont doscrtedin 80k 113, Page, Ciovland Gouny Font, ei pa ‘ing Nov 87-0600 Wes! 10884 ec rom acock and Nov 02.86 €0 Wout 98 (ter oh {ising ron pi, sj port aso hing Seuh 3520-4 West 2502 tel em he center of fetes {fom sai begin pa oor socoon oa: Noh 952041 East ence Noth 44-51-27 £as1 91.87 Tel to pn ans Noth 402017 tbat Ea 42.0 feito a po once North 647- thc Narh 043844 East 39.02 tet ao: ance Noth OO 4.08 West 114.20 wot gy paint Ince Norn 000523 Wael T1658 etapa ones Nor 02-23-18 Eat 80.5 get 0 a pont hence North O7 2607 Eas 88 39 fet fo thence North 06-24-13 Eas690'39 font arom tance Narh OF 0449 El P98 pain tence Norn 8-07 20°84 63.08 fea toa pot hence Noth 1408-49 Est 6284 et loa oreo tn 220438 fox 4037 et oa once Noth 3084 Ea 88 feats pont Aisa conveyed herein is a non-axGpsive easement for the purpose of Ingraes, egrese and Fegress fom State Road No. 25084). iho nereinabove oosenbed Wac\ ee recorced in Book ‘119, Pago 427 of he Cleveland Coun) Registry. sees ay eta te epi get i 4107 For ile retorence, see dood of recordin Bohan Page 68 of the Coveland County Reghty[Renn ron Roe BOOK 1333 PAGE L197 Sern (yo Pac tony, dehyEXHIBIT 8 Sandra Majors — proof of property ownership.eat 2 sep eas Dats rt a eins ppiiy ast By ety Hatin NORTH CAROLINA GENER)L WARRANTY DEED csesustaatamitaga feos eae ati aaa Sa sa ey he vacates | dy as ante Pecalciieemrstati | cea (diated vores | a 8 \ %, | % i , ; (a Er ad Tenner etna BA seine catia fob po ef an pes al Sal Sonos PE bein ee cra 15 fan buses the SN YU ES ot eco ath ey ce poetics anes ones Sut BLS BREE Grae hare by a8. ee Su Ty feo a ecu seats at placad ey oid Bae te i nan uate ee ere CM ai EOET Tek racrend St fase Mou hy Fi A mes gat pare ots aeeesrtl8 Tose omissn Be woe verses zoey be pacity soul ty ne cue ES se atorennectad SESS CESaet of second ue Beck 2, fae TR Sew Sere fb bot 2) he BB These re fs to oes of agisslen, ane dat rte in Book 276 Tage My Pate oety esis3 %, es epee nh wd Gm met ma ® oe pry vette Bk oo sa tne Ce tl ern we © agi te ice 1EXHIBIT 9 Geneva Shade — proof of property ownership.State of Porth Carolina Countp of Buncombe, ; Whis Indenture, wee me PE dp 3 FLT SADT AME WISE, MLAPA RAT SADE + ggg secre yee et catep Gao tu devs hls gmt nwt rt me ti i a try, bn ei a a a kh eugene! mace Pm “nnn hee Be" pict ey ce og ls fine, nae cour ear ace tl eee SE ny thewaer beast enente pete ‘st vigia oe thon favthe 3 ounty, in" does Omnepa jen ap Plu Grantor Plysllnene he aight Be Cena forivate WO uferrak fe phones Ga Bnte 9 10 Bol he soe ne ll od pie va a eto tne tetera ay sett wt ee See ag oe Garay hy ead Oat tf ad eat te Rieg Sy raz leeaty Sete S . Bice ‘Bn Wiences Whee oh, te Oneal ste hah and sa, H expert, Na SEAS aS ENS eae a eat i he yo par ‘br Gi cma cee Geiamareer NN Bikes Wo 58 Me Sateen ons See macimuneamya nnn cae Co i ar ayEXHIBIT 10 George “Bill” Dalton — proof of property ownership.eaSenweD dh © ox 2593 e516 ed STATE OF NORTH CAROLINA, ‘THIS DEED, wate 25th yu ‘ceone Autos Sea ny ok as oth cn, ant es emt on em at Bae _ RSS en linn ten Tea doLiats end other valuable cinsiderationg TEI a ef al sy ot nn Sh i a tn tors er sya un oct [BEGINING at an troc stake Alex leiceton and George Dalton'e corner and running thence. South 6° West 1435.5 fect to an ston etake, thence Worth BN 39" weet 250 fant with Zob Tevia' Loe co en iron atake, thence a thew Line North 6° ate 1135.5 fect to antes etaka, thance Soath &4" 50! face 250 feat eo an doa stake and the point of HGIAGING, after Dpeesiog over another ton stake st 164,5 fest, and containing 8,22 ‘the Grantors herelo reserve ¢ life estate for Georgia H. Ustton and Gaara Balen rE SUE THEE 16 Table Caneration Tenet moet uns OSEB® Bettman 213 rag 333, RES Sa Ar hi reine ain ms ing tn wae Speen (OR ieee a a ae a Re ee aan ee eS lene ema aCe ana be ep leds ena ae te te ee wee ee Os deed. &. Rathrosk ‘George Dalton and wits, Gaoegia W, Dalton ceeeee ee ete aeEXHIBIT 11 Johnny Gurley — proof of property ownership.craved ote O27 3.2 Piel Sz INDEXED tons. Real Fa vax Ated BE reno ce oe wOTE ABE AES yl gy ane PREPARED BY: THOMASBROWH, Ry ATTORNEYATLAW 350d Saul 'H CAROLIN: Wheaties p01 oat oAROUNA — ae sae coun ‘THIS DEED, made and entored into this 10th day of September 2009, by and between CHRIS WOESSNER (unmarried), hereinafter called Grantor(s) and JOHNNIE, GURLEY and wife NANCY GURLEY, hersinefer cated Grantoo(). \WITNESSETH: NOW THEREFORE, the Granta(s), In consideration of Ten dolars and ‘other valuable considerations to them in hand pald by the Grantee(s), he receipt of hich is hereby acknowledged, have bargained and sold and by these presents do ‘rat, bargain, sll and convey unto the Grantoe(s), thelr hers, or successors and ‘ssgne, thet cortain lot or parce of land situated in Brogdon Township, Wayne County, North Caratina, and more particularly described as follows: [BEGINNING at an iron siake in the line of Marguerite Wiggins et at, sald rom stake being N. 159.5 feet, W. 1257.52 feet, and 8, 03°08" E, 287.58 fect from the plat in the center of NCSR 1927, which sald pola is a corner between Diamond Hog Farm, Ine. (Map Book 16, Page 76) and Frank D. Smith Hels (Deed Book 416, Page 146) and raas thence N. 159.5 fet to stake; thence W, 247. fect to.» stake, ‘hence S159 feet foam iron stake; thence E. 247.5 fet tothe point of beginning ‘There is also hereby conveyed all tothe right of the Grantors over and upon the ‘exiting farm path which now leads westwardly from NCSR 1927 on and to the Kriger land, ‘This conveyance is made subject to restrictive coveuanis appearing of record, if any. ‘TO HAVE AND TO HOLD the aforesald olor parcel of land, togethor with al prileges and appurtenanoes thereunto belonging unto the sald Grantees), his hei and assigns in fe simple forever. And the Grantors, for themselves, thi eis, execulors and administrators; ‘covtnant to and with the Grantees), thelr hers or suosessors and assigns that they are selzed of eald premises in fo0 and have tha right to convey the same in fee simp tat the same are free from enoumnbrances except as heroin set forth; and that they will Book: 2732 Page: 452 Seq:00027 3.2 PRL BB. warrant and defend the salle othe same ag! he cans ofa parsons homaneve, ‘The plural number as used herein shal equally lacie the singular. The Imasclin ofr gerder as. used heron shal equaly Include nite INTESTIMONY WHEREOF, the Grantor) have hoeunt et har ands and seals the day and year re above writen LK, Une. ‘CHRIS WOESSNER (SEAL) STATE OF NORTH CAROLINA, ‘COUNTY OF WAYNE 2 Noiary Public in and for sald State and County di hereby cerify that CHRIS WOESSNER, personaly appeared before me this day and being duly swom, acknowfedged the due execution oF the foregoing. and annexed instrument forthe purpose therein expressed. Witness my hand and official stamp or seat, this Ib-h day of September, 2009, NOTARY PUBLIC My commission expires: _.3- BP 3 Book: 2732 Page: 452 Seq: 2EXHIBIT 12 Timothy Barwick — proof of property ownership.Garg sesnns ssi 3 FILED ip PERSON Cauty ME nan 25,2018 at 08342" AN Sates i Os ia i COLOURED GE A $170.00 Parcel Numb 15 bby: Melisst MeGill Davis, lensed North Carolina sttomey. ‘be paid by the closing attorney tothe county tax collector upon a 2. NORTH CARQLINA GENERAL WARRANTY DEED Tis Dee, made and ener ls 2h yf 2015 nen DM MoveerisLicaNen caehet intl abany Savoie Cesta aoe eri 119 S, Madison Ave. Roxboro, NG-27573 and TIMOTHY A. BARWICK (Grantees); whose. address is 209 Mullins Lane, Ne 27574, Te designation Grastor and rac sed hein shal inlde ui pate, thee, surest and asin, end shal sniff sngulr pl, msl, eninie or eter as rege y one ¢ % \WINESSETH: Tat Gn, apseion ui hy te Gs. iso which is hereby acknowledged, has and by these Wegents does grant, bargain, sell and convey So Grane in spe ce ota oeof inde conoon in Fontny Nor Calin in lity Toop nf moe oy eb es Sows Being a certain parcel of land in HollowSTownship, Person ‘County, North Carolina, and designated a64.ot 9, containing 2.032 acres, more or less, as shown on plat of surveyrentitled, “Mullins Manor for Cedar Creek Land Co., LLC” sur¥¢yed by Fred C. Howell, PLS, dated September 29, 1999, and regorded in Plat Cabinet 11, Hangers 88A, 88B, and 88C, Person Bounty Registry, which plat reference is herein incorporated. Together wit : improvements located thereon; said property being grated at 209 Mullin Lane, Roxboro, North Carolina. 8, ‘Access is granted by Mullins Lane and a sixty (60) foot pivate right of way as recorded in Plat Cabinet 11, Hangers 88A, SSB epd 88C. ‘This property __is or is mot__ax___ the primary residence of the grantor, Subject io all restrictions, easements and all mattors of public record, if any.S % ‘BOOK 899 PAGE 233 369970 TO HAVE AND TO HOLD said land, together with all privileges and appurtenances thereunto belonging to them the ss Grantees and their heirs and assign in fe simple forever. “2 sd said Gramor covenant tat they ae seized of si land in fo and ave the righ convey fn een rater nce ot rte lic dn cna opine un cnsofal pss tn Wingess WHEREOF, sd Grantor as eeu st isha sd se the day and yer ist phd 4 Notary Public ofthe County and Sat aforesaid, ceri tants ~ personaly appeared before me his day end acknowledged of DMG PROPERTIES, LLC, « North Carolina Limited i duly given ad asthe act of suchen, hlsbo signed tho foregoing instrument in its age on its bal a act and deed, Wires ery hand ‘and offical stamp or seal, this the aa x My commission Expires:EXHIBIT 13 Letter dated May 13, 2015 from DENR to Mr. Washam.oe North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart | Govemor Secretary ' | May 13, 2015 wu | EB ED | MR22 Eric Laveme and Joan Wesham 8396 Sherrills Ford Road } Sherrills Ford, NC 28673 j Subject: Results of Water Supply Well Sampling and Health Risk Evaluation 8396 Sherzills Ford Road Sherrills Ford, NC 28673 Dear Well Owner: ‘As part of the groundwater assessment conducted in accordance with N.C. Session Law 2014-122, the North Carolina Department of Environment and Natural Resources (DENR) requested that, at a ‘minimum, all water supply wells within: 1,000 feet of each coal ash waste facility's boundary be sampled, ' On April 30, 2015, PACE Analytical Services, Inc. collected groundwater samples from I well(s) on the referenced property. ‘The water samples were collected and analyzed for constituents that may be associated with coal ash. ‘A complete! copy of the laboratory sample results are attached for yout review. ‘The table’ below provides a comparison. of the lab results with the groundwater standards, North Carolina’s ‘groundwater standards are calculated to protect your groundwater as a.source of drinking water. The ‘standardsiprohibit contamination that would create a threat to human health. Well Constituent Result 1SANCAC 2L 0202 Groundwater Standard I pH S780 6.5-8.5 su In addition to the constituents for which the state has a groundwater standard, some constituents we tested for have an Interim Maximum Allowable Concentration. This means that studies have estimated their potential impact to human health but that a groundwater standard has not been established. For a discussion of any of these constituents that are in your well, see your Health Risk Evaluation provided by the N.C. Department of Health and Human Services. 1614 Nal Santon Garr, Raleigh, North Carona 27609-1811 Phone: 819-707-9000 ntomet Nip nww acwalr ofa ‘Sg pert ets Eee pty one apeIt should also be noted that many of the constituents that were tested may be naturally occurring and/or unrelated to coal ash ponds, Work is currently underway to determine their source and extent, IEDENR determines that groundwater standards in your well have been exceeded end that a coal ash pond is the source, state law requires that the utility provide you with an alternative water supply. ‘The N.C. Depaitment of Health and Human Services (DHHS), Division of Public Health, Epidemiology Section, Occupational and Environmental Epidemiology Branch (OEEB) has evaluated the well sample results. DHHS has provided the attached Health Risk Evaluation (HRE) for the sample results from each well(s) sampled atthe referenced property. If your attached HRE includes a recommendation that your water not be used for drinking or cooking, please note that the recommendation was made using a statistical risk threshold of one additional case of cancer in a population of | million people who were exposed at that level over a lifetime. For non-cancer health effects, DHHS relied on a daily lifetime exposure limit, It is also important to recognize that your well water has been determined to meet all the criteria of the federal Safe Drinking Water Act for public drinking water. ‘We understand the importance of this matter to you and also the complexity of this letter. We, together with DHHS, are available to discuss the results and meet with you to answer any questions to assure that all of this information is explained cléarly and completely. For questions regarding the Health Risk Evaluation, please coritact'N.C. DHHS, OEEB at 919-707- ‘5900. For questions about the ‘on-going site asscssmonts, please contact Debra Watts at'919- 807- (6338, oF you can refer to our website at: htip/portal ncdenr.org/web/wa/water-test-resident-info., Sincerely, dre ¥ WAS Debra J. Watts, Supervisor Animal Feeding Operations and Groundwater Protection Branch Division of Water Resources Attachments; Analytical Results Health Risk Evaluation(s) Co: Bd Sullivan - Duke Energy, Mail Code ECI3K, Post Office Box 1006, Charlotte, NC 28201- 1006 Andrew Pitnet, MRO WQROS Catawba County Health Department Dr. Mina Shehee, PhD - NCDHHS-DPH-Epidemiology Section-OEEB (1912 Mail Service Center, Raleigh, North Carolina 27699-1912) WQROS Central Office — File Copydhe, Well Water Information steed and Use Recommendations For Inorganic Chemical Contaminants County: [ Cakowes Name: [Er’e Lavene + Toon Pi Waghanr Sample 1D #: [ARQ Address: @346! Shemls Fars Ba, Sample Date: W=Ro =i City: Skeris Ferd TEST RESULTS AND USE RECOMMENDATIONS Division of Public Health recommends that your well water not be used for ‘drinking and cooking, However, it may be used for washing, cleaning, bathing and showering. While this recommendation represents the maximaum in health protection, your well would still meet all the criteria of the federal Safe ag Wad Ae for bubte ath eae RECEIVED/DENRIOWR MAY LL 2015 ee "Sporting een —————-_- een. 2. [1] Sodium levels exceed the U.S. Environmental Protection Agency's (USEPA) Health Advisory Level for sodium of 20 mg/I.. The North Carolina Division of Public Health recommends that only individuals on 16 of low sodium restricted diets not use this water for drinking or cooking. It may be used for washing, cleaning, bathing, and showering. 3. 7] Re-sampling is recommended in months. 4, [[] Re-sample for lead and /or copper. Take a first draw, 5 minute, and 15 minute sample inside the house (preferably the kitchen) and if possible a first draw, 5 minute and a 15 minute sample at the well head to determine the source of the lead and/or copper. This form is applicable only to drinking water wells tested as specified by Session Law 2014-1228 (Senate Bill 729) 130A-309.209 For further information, pleuse contact the Occupational and Environmental Epidemiology Branch at 919-707- 5900 ee 410.07 ng/L of hexavalent cicomium in inking rat, the itine cancer i fran aus onvincone milion. At his evel fk, newton case of cance is i. populatien of ere milion people exposed io Rexaalent chvomium over thelr itine, A daly iti exporare to vanadium that excecds 0.3 pel ay ‘sua an breasednow-cance health fk evaed Apel 218, aExposure to Chromium VI has the potential to harm your health. Contact with any hazardous substances can | cause health effects and the occurrence and nature ofthe effects depend on how much, how long and how one comes into contact with the substance, ‘What is Chromium VI (Ct VD is a naturally occurring element, It is found in rocks, animals, plants, soil along with volcanic dust and gases. Cr VI is present in 2 Chromium VI? the environment atd can come in many different forms. epanoet People can be exposed to Cr VI by ingestion or inhalation. What are the sources? Some people are exposed to Cr VI through their How could I be work, Activities such as making chrome plates, dyes, pigments, leather exposed to tanning; and wood preserving are common causes of Cr VI exposure, Cr VI Chromium VI? is also found in the environment in soil and water aficr rolease from the ‘manufacture, use and disposal of chromium based products, The way Cr VI gets into your body is by eating food, drinking well water, or breathing in workplace air contaminated with Cr VI. You can also be exposed to Chromium VI by living near an uncontrolled hazardous waste site, People may also be exposed to chromium through tobaceo smoke. ‘Chromium VI exposure may cause nasal irritation or breathing problems, such What are the ‘as congh, shortness of breath, wheezing, and asthma. Ingestion may cause health effects of stomach or small intestine ulcers and anemia and may possibly be associated Chromium VI with stomach and liver cancer in humans. Chromium VI exposure has also been Exposure? shown to cause lung cancers in workers. However, the symptoms experienced will vary from person to person, end some people who are exposed to Cz VE will not experience any health effects How can I limit Avoid clurouium VI exposure souives, or prevent my Do not allow children to play in soil near uncontrolled hazardous waste exposure to sites Chromium VI? * Avoid smoking. # Test your well water on 2 regular basis. Ladenichih Bs bbe measured with a blood or ui ich tests the i i osure ean be measured with a blood or urine test, which tests medical test to level of Cr V1 in your body, Levels of Cr V1 in your blood or urine show if I have ‘may not indicate the health effects experienced from the exposure. been exposed to chromium? (Chromium VI Fact Sheet I February 2015Additional Call the N.C. Department of Health and Human Services, Division of Public Information Health at (919) 707-5900 for additional information. Agency for Toxic Substances & Disease Registry (ATSDR). Chromium. March 4 2011, Available at: |itpu/worw atsdr.ode.gov/substances/toxsubstaince depMtoxidi References " Ageney for Toxic Substances & Discase Registry (ATSDR). ToxFAQs for Chromiuin, February 2013. Available at: http://www. atsdr.cde,gov/toxfays/tf.asp?id=61 dtide17 California Environmental Protection Agency, Public Health Goals for Chemicals in Drinking Water: Hexavalent Chromium (Cr VI). July 2011. Available at: /ochiha.ca. owls 1d ffCr6PHGOT291 1 State of North Carolina « Department of Health and Human Services Division of Public Healia swweedhhs gov vworw.publichealthne gov N.C, DHHS isan equal opportunity employer and provider 2/15, Chromium VI Fact Sheet February 2015Pace Analyte! Sarees, ne. Analytical’ ‘9800 Key Ave. ul 100 Hunt, Ho 29078 ate pevicieelig May 08, 2015 Program Manager Duke Energy 13339 Hagers Ferry Road Bldg. 7405 MG3OA2 Huntersville, NC 28078 RE: Project: MR-22 8396 Sherrils Ford Road Pace Project No.: 92247796 Dear Program Manager: Enciosed are the analytical results for sample(s) received by the laboratory on April 30, 2015. The results relate only to the samples included in this report. Results reported herein conform to the. ‘most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless. ‘otherwise noted in the body of the report. Analyses were performed at the Pace Analyticat Services location indicated on the sample analyte page for analysis unless otherwise footnoted. Ifyou have any questions concerning this report, please feel free to contact me. Sincerely, tera eae Kevin Herring kevin.herring@pacelabs.com HORIZON Database Administrator Endooures ‘ce: Program Manager, Duka Energy Dinking Water Wel Tesing, Dison of Water Resources Fodiney Wike, Duke Enersy REPORT OF LABORATORY ANALYSIS “This report ha nt ba mprodacec, xcoat h out no waten content ot Pace Aaja Sones, re. Page 1 oftPace Anaya Serve, ne Analytical” ‘0 Koy Ave. Su 1005 Henle. NC20078 | smeotanincn ‘e702 i i CERTIFICATIONS: i Project (22 8386 Shri Ford Road { Pace Project No 92247706 Minnesota Certiteation IDs ‘700 im Set SE Sule 200, Minneapolis, MN S544 Mingsotn Certicaton #: 027-059-497 ALA Cerin #292604 Uisassipp Cereaton & Pace. ‘Alaska Gereaton&. UST-OTE ‘Montana Coreavon#: MTOOe2 ‘Alaska Ceiioaton #HANDOO8S Nevada Coeteston #: MI ‘Alabama Ceisation 940770 Nebrasko Corifeaten Paco | ‘Afzona Cerlfoalon AZ O14 New Jersey Cerieston#: ML C02 ‘Atanas Cefcaion f 88-0080 Now York Craton 11647, Galtonla Cerefeation #115508 Neth Garena Carteaton #620 Galrato Certicaton sbace Noth Garetra State Putte Heal #27700 Gonnectcut Cortaton &'PH.0266 Noth Dakota Carbieaton#: R008, EPARagion 8 Cordfcaton &: STMS-. GhoEPAw 4ie0 Flerida EL AP Cortoaton#:F87608 ‘OrloVAP Cerioaton&:CL40t ‘Guar Certieaton 814-008" ‘Onanoma Certheaton¥: 9607 oor Ceiiation #959 ‘Gregor Getfeton # MNZ00004 Georg EPO & Pave ‘Grogan Gettcaton fe MNSO0004 daho Conteain & wvg0088 Ponnsivanla Certcalon : 63-00583 awa CoricaGon #UNGODGS ero Fico Caresion Ines Carteatan & 200011 Saipan (Cha) EMPO003 Indiana Cortfeaton C401 ‘Sou Garotea 74003001 lowa Cereaton ‘Toxas Gorifeaton 87104704102 Kansas Gertcaton # €-10167 Tennesoca Certcation # 02818. ‘Kentucy Dept of Env. DW s62 lan Contcaton# WNNGO064 2010-4 | ‘Kentichy Dept of Env. Protection - VI #:90062 Vagina D8 Cerieaten #251 | {eullena DEQ Careatlon #3086, rghit VELA Coniteaton# Pace | ‘eulstena BH & La'ao0oT ‘Washington Ceticaton #6458 ‘Malre Certeaton # 2013091 ‘West Viti Certicaton 982 ‘anand Cerifoaton 322 West Vigna DHHRaese626 Michigan DEP! Certcaton#: 9908 iscons Corfeatton # 999407070 | ‘Ormond Beach Certfcation IDs @ East Towor Cirle, Ormond Basch, FL 92174 Montana Cerfcaon #: Cert 0074 ‘Abama Cerieaton #41320, Netraska Geneon: NE-OS-28-14 | Conerdou Cortcaton #:PH+2216 Nevada Cereaon: FL NELAG Recrocty ‘eltware Certcaton: PL NELAC Reckronty New Hampshire Cersicalon 8: 2058, Fld Corton €83070 New Jersey Corttcanen FLIES Now York Cocfeaton & 1608 ‘Texas Certain: FLNELAC Recicl US Vici tans Cariieadon: FL NEL Vininis Endronmertal Crtfeaton 4: a00%68 ‘atnington Carton & C08 ‘est ipa Cereaton#: 00820 1 ‘Ceraton 389079670 : Minton Cxifeten FLNELAC Reco ‘Wyoming EPA Region 8) FLNELAG Reciooty | scout Gatheaion 238 id ca Charlot Coriation 1s 19800 oncay Ave Ste “00, Hunter, NC 26079 FbieNELAP Corian & £67627 Neh Garcne Divng Vator Cathcaton 37708 Kamtety UST Coraeaton #84 Neh Crain Fos Servns Coniston 8 342 ‘Wost vigla Cereston 257 Neon Caratne Wastewater Coeabon 12 LA? eration 460224 Seuth Carina Cericator S8008001 ‘Aahevile Corteation IDs Norh cara ong vn: Garton 3742 FionsanteLAP Coricaton & 67842 Norh Geraira Wastewater Garfcaon #: Maseachuests Coaeaton #: NCOSO ‘Souh Garaina Gartfcaton #9605000" REPORT OF LABORATORY ANALYSIS. ‘Ts opr tal node emt, oop fl wot wilt conser Pac omiton Sante Poge 20f 31(Pes Pace Antic! Sarvs, In. S800 Keo Ave, Suto 100 Horton, NO 28076 ‘qoHs7e 082 CERTIFICATIONS: Projet UR22.8306 Sherls Ford Riad Pave PrfectNo: 92247706 Asheville Certif\cation Ds ‘eat Vigina Cortfeation F356 evn VELAP Cariteaton #: 400222 REPORT OF LABORATORY ANALYSIS ‘Tie raport shallot be repruone excep fl outta wrion content Pace Areal San, he Page SoftPace Anata Svcs ne. ‘00 Klcey Ave. Sute 100, unter NC 2078 ama rogsrosone SAMPLE ANALYTE COUNT Projact (MR22 8386 Shonlle Ford Road ] Paco Projecto: 92247706 ‘Analyte Lab Sample 0 Method Analysis Reported Laboratory 92247798001 MR-22 6206 Sherile Ford Red EPAZ008 Ris 24 PASH EPA2B.1 400 a) EPA 180.5 ats 1 PASIA, SM 23208, ms 3 PASMA, ‘SM 25400 wre 1 PASHA, ‘8M 25400 wre 1 PASM EPA2IBT 1 1 PASO. EPA0OO AES? 1 PASIA ‘sy as00.c1s SER 4 PASI REPORT OF LABORATORY ANALYSIS ‘The oor al not mprosend exeetn A, witout wan cosa of Pace Antica! Sonea, Page 4031(Avast Pace Anica Services, ne. ‘00 Kheey Ave. Suto 00 Herre, NC 28078 (rossresea SUMMARY OF DETECTION Proect 1MR.22 8808 Shonis Ford Road Pace Prefect No. 92247706 Lab Sample 1D (Clore Sargle Metiod Peramelers Rent Units ___Ropor Lint _Anayzed___ Quis ‘2247796001 (R22 6386 Shorils Ford Road Coleaed By ay osieuns 1405 (QUALTIER! Cobactad Dat ‘408 os04n15 1405, Colected Time 1185 ‘osi0ars 1408, Frid pH 87 Sis, Unis 010 sta 1408, Fld Temperature 182 cog 050 ostoarts 1405 ‘Appearance cueAR ‘sows 14:05 Field Spee Conduciance 824 untoson 10 osiouts 1605 (Oxygen, Disselved 82 mgt 5108/6 1495, REDOX wr7. ow ‘osi04s 1405 PA 2008 Baum 733 ugh. 0.26 ostows 10:13 EPA 2008, Cachan 370 gh 400 osns 18:13, ePA2008 Chrome Oot uh, 020 ososits 1813 EPA z008 Copper 338 ugh, Yo asoats 1813, EPA 2008, ead 24 ugh 0.10 osoes 18:13 EPA 2008 Magnestan 1200 gh. 100 onoes 18:13 EPAz008 Manganese 38 wh, 080 0808/15 18:13, EPA 200.8 eke 05s ugh. 080 osi08i5 18:13, EPA 2003 Potash 2430 ugh. $0.0 ososri6 18:13, EPA 2008 Sodium 4370 gh 50.0 Os06/15 18:13, EPA2008 Strontium 344 ugh, 050 osioats 18:19, EPA 2008 Zine 250 gh. ‘50 O508/16 18:13, '8M23208 ‘Akal Bicarbonate (C2008) 162 mgt 59 osiosris 1652 '5M23208 ‘Akai Total as C2C03 162mg 36 ose 16:52, ‘8M 25400 “otal Disshed Sods 550 moh 250 Os10si16 13:39, EPAZIEr ‘Ctromium, Hexavlort 258 ut, 0.18 oB05/18 0:45, SMASO0-CHE Chlorde 23mg 10 0808/6 ox:r REPORT OF LABORATORY ANALYSIS “Tsrepr sa ato epee cep Ml ite the win consol ot Pace ArayelSerdcre, Ie. Page sootsemester PROJECT NARRATIVE Preact MR.22 0908 Sherile Ford Road Pace Project No: 92247798 Metnod: —EPA2008 Deseription: 200.8 MET CPS. Client” Ouke Energy Date: May 08, 2015, (Gonoral information: 1 sarepla was analyzed er EPA200.8, Al samjlas were recelved I sosaptabe colon wih any excuptions noted belo, Hold Tw: ‘The seme were analyzed win the method required hold mes wit ny excoptons noted below. ‘Sample Preparation: “The sarses were prepared ln accordance wih EPA 2008 with any exceptions noted below. Inia! Galbrations (including MS Tu 42 appa): ‘Alicea ware whi roth requremerts wy ekcoptoné ned blow, Continuing Catlration: _Acztesa were wihin metho ragiements Wit any excepto read bolo Internal Standards: Allisternal standards were wie QC lls with ary exceptions noted below, Method Blank: ‘Aanalyie were Below the report mit nthe metho bank, where appleable wih ey exceplone noes below, Lshoratory Control Spt ‘Allaboratry cont pk compounds were win OC lis wih any excaptone nota below, Mates Spikes: All percent ecoveros and relative porcan ferences (RPDS) were wihin acceptance cttia wih any exceptions noted below, ‘Additional Comments: REPORT OF LABORATORY ANALYSIS. “Thi rpo eal rece proce, exces nf ‘Wout ite wrt conn ot Pace Aras SaN28, he. Pace Analyte! Soria, HaD Keay ve. Sule 100 aro, NC 20078 (rossresnez Page 6of31Pace Kasha Servs ne “ansthptias® ‘00 Kinny Ae. Sude 13 “Analytical ures, NC 28078 emma ‘ogeresoe2 PROJECT NARRATIVE Prafect: 1UR.2 8896 Shewts Fors Road Pace Project No: 92247796 Method: EPA245.1 Description: 245.1 Morouy Gilene: Duke Energy Date: May 08,2015, General information: 1 sample wae analyzed for EPA 245.1. Al samples were recaved I eoceptable conic wih any exceptions nod blow. Wold Tne: : “The samples were anajze4 within the method require hol! tes wih any excoptons nted below. ‘Sample Proparation: “The samples wor prepared gocrdnce wit EPA 2481 wt any exceptions rota below Inklal altortions (Including MS Tune as applicable}: ‘Altea were witin metro ogurements with any excep one noted below. Continuing Caliation: _Alertoria were win metnodrequrements wth any exeepsons noted below. Method Blank: ‘All analias were below be repot limit nthe methed blank, where applica, wih ary axcetons noted below Laboratory Control Spite: [Alaboralory contol ke compounds were win QC lnts wit any excoplons noted below Matrix Spies: ‘All porent recoveries and lative percent ferences (RPDs) wer win acceptance eee wih any exceptions noted below. ‘Addons! Comments: REPORT OF LABORATORY ANALYSIS ‘Th opr sha nat be reproduc ecet wnt he wen rset ot Pac oye Sans ne. Page 7of31Pa PROJECT NARRATIVE Preeat: MR-22 8998 Sheris Ford Road Pace Picjct No.’ 92247786 Pace Anata Service, ne 5800 Kheey Ave. Ste 10 eral, N62078 (roqarssoa ethos: EPA1001 Deserition: 180.1 Tutiaty Chant! Duke Energy Date: May 08,2015 Genera information: 1 sample was analyzed for EPA 180.1, Al amples wore received hn aseptable sonon wit any exceptions noted below. Hota Time: ‘The samples were anaizod within the meted requred held tins wih any exzoptons noted blow, Method Blake: ‘anaes were below the repo nil in he method blank, where apeicabo, wth eny xcepsone noted bolo, Laboratory Control Spike: Alllaboratory conto! epko compounds were win QC mite with any exceptions nated below. Motre Spikes: ‘Allpercant recoveries anrelatve percent cferences (RPDs) wore win acéoplanaecitria wth any exceplons poled below Duptieste Sample: ‘All duplicate same resus wore witin method accoplance ciara wih any exceptions noted below. ‘Acitonal Commants: REPORT OF LABORATORY ANALYSIS ‘Thiares sal roe prodne xceptn fe, woul e wton nse f Poe Anaya Sans, oe. Page 8 of31Ps Project MR-223908 Shoris Ford Road Pace Pract No 92247708 PROJECT NARRATIVE Wethod: — §M123208 Deseriptlon:-23208 Akay Client. Duke Energy Date: May 08,2015 Goneral information: 1 sample vas analyzed for SM'28208, Allsamples were received in ccoptble condition wth any exceptions noted bao, Hold Time: ‘The samples ware analyzod wiin te method required hold times wit any excepfons noted below Method Blank: ‘A analytes wore bolow the ropor lilt Inthe metho blank, where appcabe, with any exceptions noted below. Laboratory Control Spike Al Isbortory contro pike compounds wee win CC its With any exceptions noted below, Matix Spikes: ‘Al parcent recoveries an relative percent ferences (RPDS) were win scoeplanceoteta with any except noted below. Gc Baten: WETIN7258 ‘Amati spike andlor mati spike duplicate (SISO) were pecormed on he flowing samplo(s. 6224774001 82248134001 Mt: Mat spike recovery exceeded QC leis. Batch accept based on aboralory conta samp (LCS) recovery. *MSO (Lab 1D: 1451101) “Akay, Teal es C2CO8 1: RPO value wae ouside cont, ‘MSD (Lab 1: 1451134) “Alkalinity, Carborate (C2008) ‘Additional Comments: REPORT OF LABORATORY ANALYSIS ‘This rep shalt be oped, keen, leat wn conto Pe Aral Sones, ne. Page 9 fatPe Pros: MR-22 8996 Sherif Ford Roa aca Projet No! 92247796 PROJECT NARRATIVE Pace Anata Service, ‘900 Krcoy Ave. Su 700 utr NO 2078 wosersense Method: 9M 25400 Description: 2540C Tota Dissolved Sods Clent!Duke Energy Date: May 8, 2018, ‘Genorllefermaton: 1 sample wes anaized for SM 25400. Al eamplos wer coved a seceolble conden wih any exceptions noted blow, Hold Tne: Tho sample were analyzed wits tne method roqured hold imes wih any excepto noted below Method tank: ‘Al analyies wore bolow the reprt Int nthe method Bank, whe appizabie, wth any exceptions noted below Laboratory Conte! Spike: ‘Allsborutory contol sake compounds wer within QC Ils With any exceptions noted bot, Matte Spikes: ‘i percent recoveries and rite percent loronces (RPO) were win ascaplana eter wih any excoptons noid below Duplicate Sample: [A dupicate sre results were win method acceptance ceria wih any excapiens noted below. ‘Advona! Comments: REPORT OF LABORATORY ANALYSIS Thi eon shat ot be prod, eet ou te wl concrtof Pace Areal Sans, In. Page 10 of 31PROJECT NARRATIVE Project (uz 8308 Shenite Ford Road see Projet Nos 92247706 Method: EPA2187 Description: Hexavalent Chromium by 10 Client: Duke Emery Date: May 08, 2015, Goneral information: { sample was anaizad or EPA 218.7, Al samples were received n acceptable condon with any exceptions noted belo Hold Tne: ‘To samples wore analyzed wii tha method required hold times wih any exceptions noted below, Inia Catertions (including MS Tune as applicable}: ‘lett were vthin meted requirements with any exceptions oted below. ‘Continuing Caibration: Aletta wore witin athed roqukements wih any exceptions noted below. Method stink: ‘Allanabytes were below the report it inthe metho blenk, where applcable with any exceptions noted below, Laboratory Consol Spike: ‘Allaboralory corvel ep compounds wer win QC ts with an except noted below. Matix Spikes: A patcent recoveries and ease percent lovonces (RPDS) were win acceptance earl wth any exceptone td Below, Aitonal Comments: REPORT OF LABORATORY ANALYSIS. Tia report ena rote repoficed, cept A, wa se writer conser Pape Ayes Servons ie. Pace Anatyes! Seve ne i S800 coy Ave. Bot 00 Hume, No 2878 (Toner 902 { Page 12631