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HomeMy WebLinkAboutWQ0002702_Regional Office Historical File Pre 2018 (29)STATE OF NORTH CAROLINA COUNTY OF ROWAN Alchem, Inc., Petitioner, V. N.C: Dept. of Environment and Natural Resources, Division of Water Quality, Respondent. IN THE OFFICE OF F y ADMINISTRATIVE HEARINGS 08 EHR 1796 CONSENT ORDER E0 W E. APR 2 DWQ - A t_ffer FrotocUo The Honorable Beecher R.Gray, Administrative Law Judge of the Office of Administrative Hearings and counsel for the parties were heard in open court upon the calendaring of the above contested case hearing on March 5, 2009. This matter was brought before the Honorable Beecher R. Gray after the parties successfully mediated the contested case issues on March 5, 2009. The parties, Alchem, Inc. ("Petitioner"), and the North Carolina Division of Water Quality ("DWQ") of the North Carolina Department of Environment and Natural Resources, ("Respondent'), hereby enter into this "Consent Order" in order to resolve this matter in controversy, as set out below, pursuant to N.C. Gen. Stat. §150B-3l(b). This matter comes within Respondent's purview as it relates to matters which'concern Petitioner's Non -discharge Permits WQ0016338 and WQ0002702 and an Assessment of Civil Penalties in the amount of thirty-four thousand five hundred forty-three dollars and seventy-three cents, ($34,543.73) including $793.73 in investigative costs. 1 V The undersigned further agreed that the Office of Administrative Hearings shall retain its jurisdiction over this Consent Order until this civil penalty assessment is paid in full consistent with the terms set out below, or on or before March 15, 2010. NOW, THEREFORE, without any trial of fact or law in this matter, in mutual consideration of the covenants set forth below, and with the consent of the parties, it is hereby ORDERED, ADJUDGED AND DECREED that: 1. The Office of Administrative Hearings has jurisdiction to hear this case pursuant to N.C. Gen. Stat. §§ 150B-23 and 130A-22(e). 2. All parties have been correctly designated and are properly before the Office of Administrative Hearings. The Office of Administrative Hearings has jurisdiction over the parties and the subject matter. 3. The Petitioner will pay a total of twenty-seven thousand dollars, $27,000 ("Settlement Amount"), which includes investigative costs. 4. The Settlement Amount shall be paid in twelve monthly payments, beginning April 1, 2009, of two thousand, two hundred and fifty dollars to DENR, the Division of Water Quality. 5. The payments shall be paid by check made payable to the "North Carolina Department Environment and Natural Resources" or to "DENR," and the respective division, i.e., the Division of Land Resources, or the Division of Water Quality, at the following address: Anita LeVeaux Attorney General's Office Environmental Protection Division 2 r 9001 Mail Service Center Raleigh, NC 27699-9001 6. The breach of any condition of Paragraphs one, two, three or four by Petitioner will render immediately due and payable the Total Civil Penalty Assessment, thirty-four thousand five hundred forty-three dollars and seventy-five cents, the Petitioner will be given credit for all prior payments. 7. Petitioner and DENR expressly stipulate and acknowledge that, by entering into this Agreement, the. sole issue in any action by DENR is to collect the Total Civil Penalty Assessment amount of the civil penalty assessment, as set out above; in accordance with the terms of paragraph four above and will be limited to the Petitioners' compliance with the terms of this Agreement. Only as it relates to the matter before this tribunal, i.e., Case No. PC-2008-0026; NOV-2008-PC-0134. 8. DENR agrees to accept the Settlement Amount in complete satisfaction of the civil penalty assessments subject to the terms of this Agreement, i.e., "the dumping matter" only DENR Case No. PC-2008-0026; NOV-2008-PC-0134. 9. Nothing in this Agreement shall restrict any right of Respondent, DENR to take any enforcement action against Petitioner for any future, occurring after June 30, 2008, violations as it relates to this matter. See, No. 8 above. 10. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and voluntarily. 11. Defendant Alchem, Inc. shall, on or before April 1, 2009, pay $2,250, monthly consistent with the terms of this Consent Order. C 12. The parties shall comply with all terms of this Consent Order. 13. Nothing in this Consent Order shall restrict the right of Petitioner to contest a new or subsequent enforcement action arising outside of the aforesaid rules and regulations. 14. The Court shall retain continuing jurisdiction in this case until all parties have complied with all provisions of this Consent Order. Full compliance with the terms and conditions of this Consent Order as set forth, above, shall complete this matter. 15. The contempt provisions of Article 2, Chapter 5A of North Carolina General Statutes shall be available to enforce this Consent Order. 16. This Consent Order may be signed out -of -court, out -of -term, out -of -county and out -of - district. 17. Judge Beecher R. Gray and the parties further agreed that the deadline for completion of payments shall be on or before the March 15, 2010. THEREFORE, with the consent of the parties as evidenced by the signatures below, it is hereby ordered that the Respondent will make a payment of $2,250 every month for twelve months until the total Settlement Amount has been paid starting April 1, 2009. Failure to make timely payments will result in the full and complete payment of the civil penalty assessed becoming due and payable to the Respondent, i.e., thirty-four thousand five hundred forty-three dollars and seventy-five cents, ($34,543.73) minus any and all prior payments. This the / :� day of April 2009. Beecher R. Gray Administrative Law Judge Presiding Office of Administrative Hearings 2 ROY COOPER ORNEY GE Anita LeVeaux Assistant Attorney General Attorney for Respondent Wood9on, Shyers, Lawther, Short, Parrott, Walker and Abramson, LLP Attorney for Petitioner Randall Andrews President, Alchem, Inc. Petitioner oCI Andrew H.. Pitner ' Environmental Program Supervisor III DEER, Water Quality Division Aquifer Protection, MRO 5 N U7 •� A copy of the foregoing was mailed to: Sean C Walker Woodson Sayers Lawther Short Parrott & Walker LLP PO Box 829 Salisbury, NC 28145 ATTORNEY FOR PETITIONER Anita LeVeaux Assistant Attorney General NC Department of Justice,' 9001 Mail Service Center Raleigh, NC 27699-9001 ATTORNEY FOR RESPONDENT This the 14th day of April, 2009. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 4313000 Fax: (919) 431-3100 ` ,01/28/2009 .14:31 ATTORNEY GENERAL 3 91704663GO40 %.UMMponaence 7xcle !:over Sneet w tt�\tt�NO.592 D01 Post -it' Fax Note 7671 Data p�a�► To From ". C0Joe Co. Pnona io Phone pp 'PEN tp P LL 3 Fek $ 00307200802662 Pet lion for a Contested Case Hearing: Alch=, •InC, V. DWQ, Aquifer Protection Section (Case No, PC-20OW026) l Received 07/29/2000 via Letter �v Legal issue for ibry Penny Thompson Issued +0744/20M by Ra4441 F. Andrews of Alehem, Inc. I z!� For Recipient Use * f 7~•�8 } Res B Respond 1 p y. i Please: Prepare a reply for my signature and retrain to me. Reply, Noting the letter was referlrcd to you by nee, " Propane a reply f0f the Gavemor'a .sipatme and return to me. Reply, noting the letter was refenjd to you by the Ckvernor.' For your information _ Take appmpriate action CERTIFIEDRECEIPT .n ,, Note and file. a • Provided) LEM Note and return to me, : ' t > L U-S-2 ...�..._ Note and see me about this, o Ln Postage $ YOU 00R1ii300% and/or nwminendations. G = Certified Fee Copy to W7'y �Ce � O Return Receipt Fee 1 ` ! Postmark O (Endorsement Required) Remarks o l Delivery Fee �a Restricted (Endorsement Required) 1 Er = - � Total PostagF i rl Went To Robert Wolcott o Alchem, Inc. � Street, Apt: No• or PoBox No. 8135 Red Rd. i City Sfafe,ZlF Rockwell NC 28138 http:l/ibeam,ew-state.ctc.uslosJdtslprint,do?dispatch dProfilcd 01i2e/2009 14:31 ATTORNEY GENERAL 4 917046636040 NO.592 D02 i P1 &l4SE PRlNj CLEABLX nR TV Tfi STATZ- OF NORT11 CAROLINA pimn �..,� � IN THE OFFICE OF ow 4...' 9 ADMJNISTRATIVE HEARINCS COtR�tTYOF(1} RP�Spn (+:�ILjW", �r1 cow= (2) Alchettt Inc. i JUL Caae '80. PC-2008-0026 (your name) PMTIONBP., V. (S)NjQ, DeRartMAW of Rnvirnnmental FRTITION FOR A CONTESM CASK KEARING i rce NCARNR 1 RESPONDLNT. 1 (The State agency or board about which you are complaining) t I hereby ask for a contested case hearing as provided for by North Carolina Central Siatute § 1308.23 becawo tht Respondent has: (Brit Fly state facts Showing how you beflcvt: you have been harmed by the State SgettcY or board.) en cBm n et:i 9 tr at ue fnr dis osinA of wastq;. We did not dis ase o¢ any wa to We have a materia t a ene inatr dsour�Y�.���1A� iny d y, d Additi.,a onal ,Yr rexiel}� fArCs i.i:-,. 1?x,�g. Lr bar:ir_ta—cur—plaare tli . . nrAn n (if more space is needed. attach additional pages.) (4) Bccausc of tbese tarts, the State age _ �,dtprived Mr, of propertyncy or board has; (check at least one from each column) ; -&,_orQored meta pay a Pne ercivil ponaltyi or x exeoeded its authority oY jurisrliction; g—otherwisesubstantiWl prejudiced ° � _acted erroneously; Y A i my rights; AND —i fhiled to use proper prodWure; „X—Aetcd arbitrarily or caprleioasly; or (5} fatled to act as requiredJaw or rule, Pate: 7-24—fJ$ (7) print your full a (8) Print your namt (9) Your signature; Yau must mail or d_...,,, P ti wr a 01 M's retirion to she State agency or board nurted on line (3) of this board la determine the name of the pft You should contact the agency or ersen to be served, (6) Your phone number: ( 910) 843-21P 11 ext . 23 1 certify that this Pctition has been served on the §tat CERTIFICATEB�anae OF SERVICE depositing a copy of id with the United Sitt(es Postal Service with sutiicieht pcstago afflued Ott by delivering it 110 tact named agency or named be: 00) Us . Mar Penn Thoth son (12) 1 01 Mmr ilDetviaServed) er,t;er (street addrrssm.o. bag) t; l3) This the 24 day/of Jul + 20 08 (14) _ frJ�w� (I I) NC�'SNR (Stunagency or board.�j9tea an in �) " When you have eotnploted this form, you MUST mall or dolivcr tho ORWINA,>L AND ONE COPY to the Mail Service Ccnter, kaieiglt, NC276W6714. H-06 (11199) of Administrative Hearings, 6714 01/28/2009 14:31 ATTORNEY GENERAL 4 917046636040 N0.592 ALCHEM, INC. SWes 2md ManufacluriTIg 2042 Buie Ph94e phus Road 8135 Red uaa Red Spr7ng®, NC 28377 RuckwrJ]. NC z8ig8 Tel. gsr?,@4g.2,m - 800 ,24-2g44 M 704-279-7908 - 800,462-2s86 FU M-843-5"9 FOX 704-279-8418 rfA@acmr.rKn wulcatt-Mahoo.cam 08 EHR 1796 Prehearing Statements L. Alchem, Inc_ as a part of its manufacturing process produces Aluminum Sulfate and a sand pmduct that contains very small amounts of Sulfuric Acid and Aluminum Sulfate. Alchem sells the Aluminum Sulfate for water and waste water purification. Alchem has developed a use for the sand product. as Envito- Clear. Workers in the State of Arkansas initially developed the use of Aluminum Sulfate in the poultry industry. The Aluminum reacts with the Phosphates in the poultry litter. This reduces the amount of Phosphate that washes off of the land and into streams. Increased Phosphate causes algae to increase and deplete Oxygen in water ways. Also, poultry litter contains Ammonia which comes out as a gas. The tiny amount of Sulfuric Acid reacts with the Ammonia and produces Ammonium Sulfate which is a beneficial fertilizer. All of this agronomic work is well documented in the literattire and as field work. Also, rule 15A I+ICAC 2T,1103 (5) allows for non -hazardous, residuals to be placed on land. Going to Enforcement Case Assessment Factors 1_ These were not acidic residues. They were our product. There are many instances in North Carolina when Limestone is left in piles to be spread on the farm land. No one characterizes these as Alkaline Residues. 2, This is self explanatory, I This is self explanatory. 4. There is no damage. 3. There was no money saved. This is our product. b. There were no violations, 7• Any prior violation has no bearing on this action. 8. The primary use of this facility is to produce Aluminum Sulfate and Envi.ro-Clear. 9. Our company management has always tried to contain any sand or any other material on site. I would agree that one of the company owners -Wayne Drye has shown a lack of concern. However, Randall Andrews —the other owner, has always tried to keep the facility operating as specified. Randall Andrews has personally lent in excess of $450,000.00 to make environmental improvements. Wayne Drye has left the company as of December 2007, Since that time major improvements have been accomplished. Alchem management does not agree that there was any environmental damage to Storing our product at a farm in Davidson County. We do not know of any savings. We are including a copy of our last Profit and. Loss Statement. Tle spending that we have done in the last year has E. 01/28/2009 14:31 ATTORNEY GENERAL 4 917046636040 NO.592 PO4 ALCHEM, INC. c imra 1 ors - �rya 2042 8111E �p m Road 8135 Red al@� a 4 Road Red Springs, Ne 26377 Rockwall, NC 28L38 Tel. glo-843-2ix — fta-Ma944 Tool. ?a4-279-naS — Sao-462-2S86 Fax 9LO-a3-5789 Fax 704-279-9418 rfa semrna walcom r0yahoo'com contributed to a substantial loss for the company. If this continues Alchem will not be able to survive and will close. 3, deist of Proposed witnesses: Randall Andrews Robert Wolcott 4. I wish to pursue discovery. 5. I request that the hearing be held in Rowan County, 6. Length is two days. 7. The address for Alchem is: 8135 Red Road Rockwell, NC 28139 S. No difference 9. None 01/28/2009 14:31 ATTORNEY GENERAL 4 917046636040 NO.592 IP05 � •1 � 1) p � � E � D C (C) the raslduath meet the vector aliraatlon reduction requtretpenta in Rule ,I 107(s) of this Sections, and (0) the land applJcattion scttviries are Car - rigid out according to the instructions provided in the informational abcot or bag or other container label as required In Rule .I I09(e) of this Section. (4) Land apptlestioa sites onto which bulk bltr logical residuals are applied, provided that the residuals and aativides meeting the following cri- teria: (A) the residuals meet Ilia: pollutant limits in Rule .1105(a) aatd Rule .1105(t:l of this Section, (R) the residuals meet the Pathogen requIre- monts In Rule .1106(b) of this Section. (C) the residuals meet the vector attract(an roducticn regalrements IA Rulc Sectloo, and .I 107(aj of this (D) the land application acdviaies retest all applicable Conditions of flUle ,I1011(b)t1) and Rule .1109(b) of this Section. and application piles onto which roiduals generated From the tMIMCAl of potable or fresh +outer or that are gcnoratod From the treatment of non•bloloalcal industrial wastewater with no domestic or munleipal wmtewalcr Contribudons are applied, provided that the residuals and ac• tivitles moat the following t:riterim (A) the residuals e The '"s .I 105 and Ru1o11 05(c) of his Uctiep, (9) the residuals mea the pathogdn require - meets in Rule .1100) of this Set:Wort, and (C) the land application acliviliel moot all applicable condidom of Rule .1108(b)(1) and Rule+.I 100 of this Section, to) '1'rer►sportatim of residuals from the Mid. uttls generating souse, rasrllity to odser DIVJSlcn or 131bision of Wmttc Management facilities ap- proved to treat, :tore, use, or dispose the residu- als, (b) The director may detertnine that should not be deeated a system permitted to aw-cyst wJtl, this Rule and Rulo ,rdance 0113 of thin Subchapter, lk's detcrminntion shall be trade In sucordsnce with Rulo ,0i i3(th) of thl, Subt:JJtapter, ' � Autho.itrts.sfi taa-sta.tUtt'i�ts,#W: ' J;IfI; 5syplt,nbe� I, 20pB. 1 v , 894 .1104 A.itP L1CATIIoK St)VbfjTTAL (a) For new and expanding residuals treats, and storage facilities: (1) Site Flans. If required by G.S. 59C' proNssionat land nurveyur shall provide Jor d information on boundariea and physical feature nalIunder the purview of other licensed profei. lions. Site plans or maps shall bo provided to the Division by tat applicant depio}ing tha loos. tion, orientation and relationship of taatiity cam. pononts Including; (Notos Thu North Carolina Board of 8xamin, ers for Engineers and Surveyors has deuwrnined, via loiter dagod December 1, 2005, that locating boundaries and physical features, not under tin purview of other licensed professions, an maps Pursuant to this Paragraph constitutes practicing surveying under C.S. li9C.j (A) a scaled map of the gild, with topograph. le contour intervals not exceeding 10 feet or 25 percent of total situ rellul and showing alj facility -related structures and fences within the trealmant stied storage areas; (H) the location of all wells (Including usage and construction dutails If avallable],. streams (ephemeral, Inturmiment, and perennial), springy, lakes, ponds, and other surface draln• age rualums Within and storag facilliles to l d delineation of be revfnw and compliance boundaries; (C) vulbavks as rs.Mulred by Rule .1108 of this Suisun; and (0) Mit proparty boundaries within 500 fset or all treatment and storage fracilities, (2) Engincuring dattign dtxt►ments, if re• qulred by G.S. 89C, a proftvional coginoor shall prepor; lhCve documents, The !allowing docu- tttent# shall be pruvldcd io the division by the appllLWt: Note- The North Carolina Gourd of Examin- ers fur Enalneurs and Surveyor, has determined. via letter dated Deucmber 1, 2005, that prepara- tion of anvinv wring dusign docunn:nts pursuant to this Paragraph curtstitutt;s practicing engineer. Ing under C.S. 89C.j (A) vrigi veering plans for the fatalities and cyuipment axcept ihont: provia4sly pormiited unievs ihtay arc directly tied into the new units or uru crltJcai 10 the understanding of the cumpletts prucem. (13) specifications describing mt►turialy to be, usud, mulhadv of u,natrttciitan, and means far �4,; Him CA CA 9 ALCHEM, INC. Corporate Office 2042 Buie Philadelphus Road Red Springs, NC 28377 Tel. 910-843-2121 — 8o0-522-2944 Fax 910-843-5789 rfa@semr.net June 23, 2008 Mr. Andrew Pitner Regional Environmental Supervisor NCDENR Division of Water Quality Mooresville Regional Office 610 East Center Ave. Suite 301 Mooresville, NC 28115 Dear Mr. Pitner: D Sales and Manufacturing 8135 Red Road Rockwell, NC 28138 Tel. 704-279-7908 — 800-462-2586 Fax 704-279-8418 wolcott_r@yahoo.com LWRL"NAL-A ILM {1.' Thank you for the packet of information that you sent on June 17. This information makes multiple references to a NOV for dumping spent bauxite at an un-permitted location. I would like to inform you that this material is one of our products. I am enclosing a product profile and an MSDS sheet of information. This is one of our products and as such it should not be regulated when used in a beneficial manner. We had located the material there in order to do some trials. In the interest of trying to be cooperative, we had it transported back to our plant site. Should you have any questions please let me know. Best regards, ALCHEM, INC. Randall F. Andrews, President ams ENVIRO- CLEAR Product Profile ALCHEM, Inc. 8135 Red Road. Office: 800-462-2586 (ALU Office: 704-279-7908 Rockwell, NC 28138 Fax: 704-279-8418 LONG-LASTING LITTER TREATMENT FOR BETTER POULTRY HEALTH AND PRODUCTIVITY ENVIRO-CLEAR improves the total house environment. No other commercial litter treatment holds litter pH as low for as long, especially during the critical early weeks of a growout. ENVIRO-CLEAR suppresses ammonia volatilization, reduces bird stress, and improves litter condition and ventilation programs. It also makes litter a, more effective fertilizer by maintaining nitrogen content and reducing phosphorus runoff when the litter is spread on fields. ENVIRO-CLEAR improves the productivity of broiler, breeder, egg and turkey houses and works in conjunction with all best management practices. It also offers growers a flexible program to help reach litter management, environmental and profitability goals. IMPROVED POULTRY OPERATION PERFORMANCE ■Long-lasting pH control in litter and on floors. ENVIRO-CLEAR acidifies litter and floors throughout a growout. It is a buffered acid that resists the rise in pH as manure builds in the litter, holding pH below levels that can stress the birds. ■Low airborne ammonia. ENVIRO-CLEAR consistently outperforms competing litter treatments as a way to prevent high ammonia levels which can have serious impacts on overall poultry health ■Moisture reduction. ENVIRO-CLEAR limits available water in litter which helps control the key condition for ammonia volatilization. ■Less stress on birds. By controlling ammonia, lowering pH and reducing moisture, ENVIRO-CLEAR creates improved poultry house conditions. Studies (available upon request) show that these improved conditions lead to lower mortality and condemnation rates. ■ Improved productivity. Birds raised on Enviro- Clear treated litter show increased weight gain and feed conversion, improving bird performance ■Higher fertilizer value. ENVIRO-CLEAR improves nitrogen retention in litter. Studies show that available nitrogen (N) in treated litter is up to 90% more than in untreated litter (i.e., 800 lb. N1100 tons of litter, the average amount in a 20,000-bird house). ■ Less phosphorus runoff. Litter treated with ENVIRO-CLEAR is low in soluble phosphorus, minimizing phosphorus runoff from fields, but allowing enough phosphorus uptake so crops are in balance with their nitrogen requirements. ■Ease of application. Apply ENVIRO-CLEAR while your equipment is winched out of the way, along with decaking, top dressing and other out -time activities. Use it for short layouts or up to 7 days before chick or bird placement in dry litter conditions. M....... _._...w .. v .... _..._a............. _...., _ HOW ENVIRO-CLEAR WORKS ENVIRO-CLEAR (aluminum sulfate) is a dry acid salt that neutralizes alkalinity. As a buffered compound (i.e., it resists pH change), itholdstotal litter pH below 5 or 6 for an extended time. Litter surface pH is reduced to 3.5 in the short term. This dramatically retards generation of ammonia, which does not form in significant amounts until pH rises above 7. ENVIRO-CLEAR also reduces available water in the litter through hydrolysis as it is activated. The hydrolysis of aluminum is a series of reactions resulting in a controlled generation of acid. This effect is due to the aluminum present. Each aluminum that hydrolyzes generates ENVIRO- CLEAR Product Profile ALCHEM, Inc. 8135 Red Road. Office: 800-462-2586 (ALUM) Office: 704-279-7908 Rockwell, NC 28138 Fax: 704-279-8418 three acid ions, more acid than with sodium acid salts that only provide one H+ (acid) ion, so you get more acid per pound of ENVIRO CLEAR �y EASY TO USE ENVIRO-CLEAR improves productivity when combined with good flock management. The application rate used should match your goals (see table). It is easy to use: ► Apply it to decaked litter three to seven days before chick placement, during normal out -times. During short out -times, when extra moisture is present, apply it at any time before chick placement. ► Distribute it evenly with a drop spreader, push or power rotary unit or other mechanical spreader. ► For dry litter, leave ENVIRO-CLEAR on the litter surface. For higher moisture conditions, drag it lightly into the upper half -inch of litter, while releveling the floor. ► If your litter is extremely dry, ALCHEM must be activated like any dry acid salt. Contact ALCHEM for the activation process. ►Prepare the house as usual to receive chicks. Ventilation need not begin until just before chick or bird placement. ... ...... RECOMMENDED DOSAGES Purpose _ Treatment Area Dosage; (per 1000 ftz) Control ammonia Litter - brood area 50 lb. (75 lb. for litter older than 1 yr. ) Reduce pH and moisture Litter - whole house 75 lb. (100 lb. for litter older than 1 yr. ) Treat strips in warm weather Reduce phosphorus runoff Under drinker lines (3 ft wide strips) Whole house Treat floors: for houses with... -Average performance Whole house, dirt pad -Poor performance Whole house, dirt pad -Disease problems Whole house, dirt pad AVAILABILITY It is available in bulk, super sacks or 50-1b. bags. 100 lb. in the strip areas Depends on reduction desired 50 lb. 75 lb. 100 lb. ALL information, statements, data, advice and/or recommendations, including, without limitation, those relating to storage, Loading/unloading, piping and transportation (collectively referred to herein as "information") are believed to be accurate and reliable. However, no representation or warranty, express or implied, is made as to its completeness, accuracy, fitness for a particular purpose or any other matter, including, without limitation, that the practice or application of any such information is free of patent infringement or other intellectual property misappropriation. ALCHEM is not engaged in the business of providing technical, operational, engineering or safety information for a fee, and, therefore, any such information provided herein has been furnished as an accommodation and without charge. ALL information provided herein is intended for use by persons having requisite knowledge, skill and experience in the chemical industry. ALCHEM shall not be responsible or liable for the use, application or implementation of the information provided herein, and all such information is to be used at the risk, and in the sole judgment and discretion, of such persons, their employees, advisors and agents. ALCEM, INC. MSDS Material Safety Data Sheet 81 5HRed Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision:l2-13-06 Enviro-Clear 1. Product Identification PRODUCT NAME: Enviro-Clear OTHER/GENERIC NAMES: None. PRODUCT USE: Agricultural. MANUFACTURER: ALCHEM, INC. 8135 Red Rd. Rockwell, NC 28318 2. Composition/Information on Ingredients INGREDIENT NAME CAS NUMBER WEIGHT % Aluminum sulfate 10043-01-3 4-5% Sulfuric acid 7664-93-9 <5% Silica 14808-60-7 >95% Trace impurities and additional material names not listed above may also appear in Section 15 towards the end of the MSDS. These materials may be listed for local 'Right -To -Know" compliance and for other reasons. OSHA Hazard Communication Standard: This product is considered hazardous under the OSHA Hazard Communication Standard. 3. Hazards Identification EMERGENCY OVERVIEW: A tan or brown mixed granular product with the appearance of sand, with a negligible degree of odor. Can cause severe skin and eye irritation. Not flammable, but may release toxic vapors if decomposed in a fire. POTENTIAL HEALTH HAZARDS SKIN: May cause severe skin irritation. EYES: May irritate or burn the eyes. INHALATION: Product dust may cause irritation to the respiratory tract. INGESTION: May irritate or burn the gastrointestinal tract. DELAYED EFFECTS: None known. Ingredients found on one of the three OSHA designated carcinogen lists are listed below. INGREDIENT NAME NTP STATUS IARC STATUS OSHA LIST Sulfuric acid (occupational exposures to strong inorganic acid mists containing sulfuric acid) Page 1 of 6 ALCEM, INC. MSDS Material Safety Data Sheet 81 5HRed Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 Listed Group 1 4. First Aid Measures SKIN: Flush with plenty of water, removing contaminated clothing. If irritation develops, get medical attention. EYES: Immediately flush with water, continuing for at least 15 minutes. Get immediate medical assistance. INHALATION: Promptly remove to fresh air. INGESTION: If conscious, immediately give large quantity of water or milk. Do not induce vomiting. Get immediate medical assistance. ADVICE TO PHYSICIAN: Treat symptomatically. 5. Fire Fighting Measures FLAMMABLE PROPERTIES FLASH POINT: Not flammable FLASH POINT METHOD: Not applicable AUTOIGNITION TEMPERATURE: Not applicable UPPER FLAME LIMIT (volume % in air): Not applicable LOWER FLAME LIMIT (volume % in air): Not applicable FLAME PROPAGATION RATE (solids): Not applicable OSHA FLAMMABILITY CLASS: Not applicable EXTINGUISHING, MEDIA: Product is not flammable. Use any extinguishing agent suitable for surrounding fire. UNUSUAL FIRE AND EXPLOSION HAZARDS: None. SPECIAL FIRE FIGHTING PRECAUTIONS/INSTRUCTIONS: Use self-contained breathing apparatus. Use water spray to keep containers cool. 6. Accidental Release Measures IN CASE OF SPILL OR OTHER RELEASE: (See section 8 for recommended personal protective equipment.) Neutralize any residue with alkali such as soda ash, lime or limestone. Adequate ventilation is required if soda ash or limestone is used, because of the consequent release of carbon dioxide gas. Large spills: dike up with soda ash and neutralize as above. Collect material and/or residue and dispose of in accordance with applicable regulations. Spills and releases may have to be reported to Federal and/or local authorities. See Section 15 regarding reporting requirements. 7. Handling and Storage Page 2 of 6 ALCHEM, INC. MSDSI Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance C h e m t re c: 800-424-9 30 0 Date Prepare: 1-12-05 This Revision: 12-13-06 NORMAL HANDLING: (See section 8 for recommended personal protective equipment.) Avoid contact with skin, eyes and clothing. Do not breathe product mists. STORAGE RECOMMENDATIONS: Store in a cool area. 8. Exposure Controls/Personal Protection ENGINEERING CONTROLS: Use local exhaust if misting is anticipated. PERSONAL PROTECTIVE EQUIPMENT SKIN PROTECTION: Wear impervious (e.g. rubber) gloves and apron and full work clothing including long sleeved shirts, trousers and boots. Full impervious clothing is recommended if prolonged product contact is anticipated. EYE PROTECTION: Wear chemical safety goggles. Do not wear contact lenses. RESPIRATORY PROTECTION: A NIOSH approved mist respirator should be worn in areas where product mists are present. ADDITIONAL RECOMMENDATIONS: The presence of an eyewash and safety shower is recommended. EXPOSURE GUIDELINES INGREDIENT NAME ACGIH TLV OSHA PEL OTHER LIMIT Aluminum sulfate (as Aluminum) 2 mg/m3 2 mg/m3 None Sulfuric acid 3 mg/m3 STEL 1 mg/m3 TWA mg/m3 TWA ------ = Limit established by General Chemical. 2 = Workplace Environmental Exposure Level (AIHA). 3 = Biological Exposure Index (ACGIH). OTHER EXPOSURE LIMITS FOR POTENTIAL DECOMPOSITION PRODUCTS: None 9. Physical and Chemical Properties ODOR: Negligible VAPOR PRESSURE: Not applicable VAPOR DENSITY (air = 1.0): Not applicable EVAPORATION RATE: Not applicable COMPARED TO: Not applicable. % VOLATILES: Not applicable FLASH POINT: Not flammable (Flash point method and additional flammability data are found in Section 5.) Page 3 of 6 ■ ALCHEM, INC. MSDS Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 10. Stability and Reactivity NORMALLY STABLE? (CONDITIONS TO AVOID): Normally stable. If evaporated to dryness, residue should not be exposed to elevated temperatures (above 7600C), as this will yield toxic and corrosive gases. INCOMPATIBILITIES: Alkalis and water reactive materials such as oleum: causes exothermic reactions. HAZARDOUS DECOMPOSITION PRODUCTS: At elevated temperatures, sulfur oxides may be formed. These are toxic and corrosive and are oxidizers. Sulfur trioxide is also a fire hazard. The loss of these gases leaves a caustic residue. HAZARDOUS POLYMERIZATION: Will not occur 11. Toxicological Information IMMEDIATE (ACUTE) EFFECTS: Aluminum sulfate component: LD50 (oral, mouse): 6207 mg/kg LD50 (oral, rat): 1930 mg/kg Sulfuric acid component: LC50 (inhl-rat): 510 mg/m3/2 hr LD50 (oral -rat): 2140 mg/kg DELAYED (SUBCHRONIC AND CHRONIC) EFFECTS: Sulfuric acid component: Chronic exposure can produce changes in pulmonary function and/or chronic bronchitis. OTHER DATA: None 12. Ecological Information Aluminum sulfate component: 14 ppm/36 hr/ fundulus/fatal/fresh water. 240 ppm/48 hr/mosquito fish/TLm/water type not specified. TLm Mosquito fish, 235 ppm, 96 hours LC50 Largemouth bass, 250 ppm, 96 hours Sulfuric acid component: 24.5 ppm/24 hrs/bluegill/lethal/freshwater 13. Disposal Considerations Page 4 of 6 I ALCHEM, INC. �S�S Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 If permitted by regulations, material may be neutralized with alkali. The information offered in section 13 is for the product as shipped. Use and/or alterations to the product such as mixing with other materials may significantly change the characteristics of the material and alter the RCRA classification and the proper disposal method. 14. Transport Information US DOT HAZARD CLASS: 8 US DOT ID NUMBER: UN3264 PROPER SHIPPING NAME: Corrosive liquid, acidic, inorganic, N.O.S. (contains aluminum sulfate and sulfuric acid) For additional information on shipping regulations affecting this material, contact the information number found in Section 1. 15. Regulatory Information TOXIC SUBSTANCES CONTROL ACT (TSCA) TSCA INVENTORY STATUS: All ingredients listed on the TSCA Inventory OTHER TSCA ISSUES: None SARA TITLE III/CERCLA "Reportable Quantities" (RQs) and/or "Threshold Planning Quantities" (TPQs) exist for the following ingredients. INGREDIENT NAME SARA/CERCLA RQ (Ib) SARA EHS TPQ (Ib) Aluminum sulfate (anhydrous) 5000 None Sulfuric acid 1000 1000 Spills or releases resulting in the loss of any ingredient at or above its RQ requires immediate notification to the National Response Center [(800) 424-8802] and to your Local Emergency Planning Committee. SECTION 311 HAZARD CLASS: Immediate SARA 313 TOXIC CHEMICALS: The following ingredients are SARA 313 "Toxic Chemicals" and may be subject to annual reporting requirements. CAS numbers and weight percents are found in Section 2. STATE RIGHT -TO -KNOW In addition to the ingredients found in Section 2, the following are listed for state right -to -know purposes. INGREDIENT NAME WEIGHT % COMMENT No ingredients listed in this section. ADDITIONAL REGULATORY INFORMATION: None listed WHMIS CLASSIFICATION (CANADA): E (corrosive based upon transportation classification) , D213. Classified in accordance with WHMIS Controlled Product regulations. FOREIGN CHEMICAL CONTROL INVENTORY STATUS: All ingredients listed on Canadian DSL. Page 5 of 6 ALCHEM, INC. IMSDS11Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 16. Other Information Disclaimer: ALCHEM, Inc. provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. This document is intended only as a guide to the appropriate precautionary handling of the material by a properly trained person using this product. Individuals receiving the information must exercise their independent judgment in determining its appropriateness for a particular purpose. ALCHEM, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION SET FORTH HEREIN OR THE PRODUCT TO WHICH THE INFORMATION REFERS. Page 6 of 6 C� W rF� y Michael F. Easley, Governor William G. Ross Jr., Secretary ' y Non Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director FILE a-� .� Division of Water Quality AQUIFER PROTECTION SECTION June 30, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randall Andrews, Registered Agent ALCHEM, Inc. 2042 Buie Philadelphus Road Red Springs, NC 28138 and ALCHEM, Inc. 8135 Red Road Rockwell, NC 28138 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1 and Non -Discharge Permit No. WQ0016338 Non -Discharge Permit No. WQ0002702 Case No. PC-2008-0026 NOV-2008-PC-0134 Rowan County Dear Mr. Andrews: This letter transmits notice of a civil penalty assessed against ALCHEM, Inc. in the amount of $34,543.73, which includes $793.73 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: I. Please submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, NC 28115 None rthCarolina Phone: (704) 663-1699 Fax: (704) 663-6040 �atura!!r� Internet: http://g-w.ehnr.state.nc.us ALCHEM Inc. Assessment:,..,.' :::.., ti Page 2 WQ0002702 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form, the Justification for Remission Request and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; . (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information and inform you of her decision in the matter of the remission request. Her response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director, and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. ALCHEM Inc. Assessment Page 3, W00002702 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please mail or hand deliver a copy to: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. ALCHEM Inc. Assessment WQ0002702 Page 4 If you have any questions, please contact me or Peggy Finley at (704) 663-1699 or Mr. Ed Hardee at (919) 715-6189. Since ely, J Andrew H. Pitner, P.G. Environmental Program Supervisor III Aquifer Protection Section Mooresville Regional Office ATTACHMENTS 1 7007 1490 0004_- 4509 3177 cc: mm .� mi O_ ny c 9 _ co D me m3 n p Owr l � C7 Cr7 � = a° 3x yc 90 O R - 'm R I S G � � i m A �9 a c �2 a e m 0 -v — r nm a� m m B m Bt m r-o� _ z D Z � n i Io 00 00 D I C5 Q , m 0 F F A LAWS E Ir E:3 Postage $ i 7 Ln :T certified Fee "• Postmark k ? \� Here Return Receipt Fee l3 (Endorsement Required) l/ 0 Restricted Delivery Fee (Endorsement Required) - Q' Total Posta MR RANDALL ANDREWS REG AGNT " ALCHEM INC sent to 2042 BUIE PHILADELPHUS RD 'siieei,AW(F RED SPRINGS NC 28138 i .3 or PO Box N( f` -----9iiR-Z-' PFICIVIL PENALTY 6130108 APS Agent ❑ Addressee Printed Name) C. Date f Dv d by ( i� ;ry address different from item �? Yes enter delivery address below: ❑ No Type fled Mail Express Mail Istered tL RetUM Receipt for Merchandise X❑Agent ❑ Addressee Printed blame) C. Date oDelivery Cl\ �s dress different from item 1? Yes delivery address below: ❑ No I �I I . laic YCE0. press Mail turn Receipt for Merchandise D._ iivan/? (Extra Fee) ❑ Yes 111111111111110� 102595-02-M-1540 Receipt STATE OF NORTH CAROLINA COUNTY OF ROWAN IN THE MATTER OF: ) ALCHEM Incorporated, ) FOR VIOLATIONS OF ) PERMIT NO. WQ0002702 ) AND N.C.G.S. 143-215.1 ) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. PC-2008-0026 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Andrew H. Pitner, P.G., Environmental Program Supervisor III of the Mooresville Regional Office (MRO) Aquifer Protection Section (APS) of the Division of Water Quality (DWQ), of the North Carolina Department of Environment and Natural Resources, make the following: I. FINDINGS OF FACT: A. ALCHEM Incorporated (ALCHEM) is a corporation organized and existing under the laws of the State of North Carolina. ALCHEM operates a washwater recycle system and a bauxite residuals disposal (monofill) system at their facility in Rockwell, Rowan County. The registered agent for ALCHEM is Randall F. Andrews. B. Non -Discharge Permit No. WQ0002702 (issued December 28, 2004) regulates the washwater recycle system at the ALCHEM facility and Non -Discharge Permit No. W00016338 (issued December 28, 2006, adjudicated and enforceable from terms of a Settlement Agreement filed on November 27, 2007) regulates the disposal of residuals from the recycle system. Permit WQ0016338 allows ALCHEM to dispose of spent bauxite residuals, after the residuals meet certain conditions, on site. Alternately, 15A NCAC 02T .1103 permits by rule the disposal of residuals in a subtitle D landfill. C. Permit W00002702 condition 6 states, "The residuals generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the Division." D. ALCHEM and the Division entered into a Settlement Agreement filed on November 27, 2007, to resolve alleged violations, in addition to the permit adjudication noted above. The Settlement Agreement states, "additional bauxite residuals must be disposed of in a manner consistent with Water Quality General Statutes and the relevant rules promulgated thereunder or applicable Solid Waste Statutes and the relevant rules promulgated thereunder." Disposal of wastewater residuals in a solid waste facility is permitted by rule in accordance with 15A NCAC 02T .1103. E. On or about January 24, 2008, MRO APS staff received a complaint (via phone) of a material being dumped (by a truck with the name ALCHEM on it) on land near Denton, NC, sometime in late December 2007. The material reportedly had been removed from lagoon number 2 at the ALCHEM facility. F. On January 25, 2008, MRO APS staff visited the Denton dumpsite and observed at least 27 piles of material that appeared to be spent bauxite residuals from ALCHEM. Photos and samples of the material were taken. A pH measurement was performed in the MRO lab using a calibrated meter. The sample had a low pH (3.7) typical of ALCHEM spent bauxite. The material was residuals generated at the ALCHEM facility. G. The Division has not issued a permit for the disposal of the residuals at the Denton dump site nor is the dump site a permitted solid waste facility approved to received such residuals pursuant to 15A NCAC 02T .1103. H. Staff costs and expenses associated with observing the violations, defining their nature and bringing enforcement action totaled $793.73. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. ALCHEM is a "person" within the meaning of G.S.143-215.6A pursuant to G.S. 143-212(4).. B. Permit No. WO0016338, was issued on December 28, 2006, and became effective and enforceable on November 27, 2007. Permit WO0002702, was issued on December 28, 2004.and became effective and enforceable on July 5, 2007. C. ALCHEM violated G.S. 143-215.1 and part 6 of permit WQ0002702, by disposing of spent bauxite sand at an unapproved off -site location. D. General Statute 143-215.6A(a) provides that a civil penalty of not more than $25,000.00 per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. E. General Statute 143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. F. The Regional Supervisor of the Mooresville Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISIONS: Pursuant to N.C.G.S. 143-215.6A in determining the amount of the penalty, I have taken into account the Findings of Fact and Conclusions of Law and considered all the factors listed in N.C.G.S. 143B-282.1, which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; . (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Accordingly, ALCHEM is hereby assessed a civil penalty of: $ 33,750.00 **for failing to perform to permit standards as required by G.S. 143-215.1. , Permit WQ0002702 condition 6 states, "The residuals generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the division." $ 793.73 Investigation and Enforcement costs assessed. $ 34,543.73 TOTAL AMOUNT DUE IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to ALCHEM, Incorporated, in accordance with N.C.G.S. 143-215.6(A)(d). .3o• C-)G (Date) i i Andrew H. Pitner, P.G. Environmental Program Supervisor III Aquifer Protection Section Mooresville Regional Office JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2008-0026 County: Rowan Assessed Party: ALCHEM, Inc. Permit No. (if applicable): WQ0016338 &WO0002702 Amount assessed: $34,543.73 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be. aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the petitioner. (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: I J STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROWAN IN THE MATTER OF ASSESSMENT) OF CIVIL PENALTIES AGAINST ) ALCHEM, Inc., ) Permit No. WQ0016338 and ) Permit No. WQ00002702 ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2008-0026 Having been assessed civil penalties totaling $34,543.73 for violation(s) as set forth in the assessment document of the Division of Water Quality, Aquifer Protection Section dated June 30, 2008 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of . assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 120 Signature ADDRESS TELEPHONE June 30, 2008 MEMORANDUM TO: Ed Hardee, APS, LAU FROM: Andrew Pitner, MRO, APS PREPARED BY: Ellen Huffman, MRO, APS SUBJECT: Enforcement Case PC- 2008-O026 Violation of Permit No. WQ0002702 ALCHEM, Incorporated Attached is the enforcement package sent to ALCHEM on June 30, 2008, with supporting documentation concerning violations of the subject permit. The violations resulted from ALCHEM's mismanagement of the bauxite reuse program. This Office is issuing a penalty. The attached material should be self-explanatory; however, if you have any questions, please contact Mrs. Ellen Huffman or me. Attachments ebh Page 1 Summary On Thursday, January 24, 2008, the Mooresville Regional Office received a complaint of dumping by ALCHEM on a site just north of Denton, NC. Peggy Finley visited the site on January 25, 2008 and observed multiple piles of ALCHEM spent bauxite sand dumped in a field off of Tom's Creek Church Road in Denton, NC (Davidson County). At least 27 piles were counted on the site in two locations of a level grassy field (photos attached). Chronology of Events/Correspondence January 24, 2008 — A report of dumping is received by the MRO. Complainant says dumping occurred in the latter part of December 2007. January 25, 2008 — Staff from the MRO conducted a site visit at the location given by the complainant. Observations and pH readings of the material lead to the conclusion that it is ALCHEM's spent bauxite sand. CHECKLIST FOR PERMIT VIOLATIONS Copies of the Permits (#WQ0016338, WQ0002702) are attached. 2. The violator is ALCHEM, Incorporated. Mr. Randall Andrews is the agent for the company. Mr. Randall Andrews 2042 Buie Philadelphus Road Red Springs, North Carolina 28377 3. This enforcement involves violations of non -discharge Permit conditions and general statute G.S. 143-215.1. 4. Copies of correspondence are attached. 5. Copies of chain -of -custody for samples taken at dump site are attached. Not applicable. 6. The violation is not due to a power failure or by-pass of any treatment facility. 7. Are violation(s) chronic and/or due to a single operational upset? The violation is considered to be unlawful and willful. 8. Were any specific notifications submitted concerning noncompliance? A NOV/NRE was sent on March 25, 2008, which documented the subject permit violations and indicated that an enforcement recommendation would be prepared. 9. Cost of the investigation: 8 hours by Ellen Huffman for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Peggy Finley for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Andrew H. Pitner, P.G. for supervisory review at $28.62/hour = 228.96 1 hour for clerical processing at $10.93/hour = 10.93 Mileage 50.8 @ $0.26 per mile = 132.08 Certified Mail 6 @ $4.64 /ea. = 27.84 Total $793.73 , 'y DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: Permit Violation Non -Discharge Permit No. WO0002702 Case No. PC-2008-0026 Violator: ALCHEM Regional Office: Mooresville 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: Acidic residuals were in an area accessible to the public on private property. 2. The duration and gravity of the violation: The violations were reported to have taken place in the latter part of December 2007. Estimates of the volume of material hauled off site took approximately 4 + working days. There were at least 27 piles found at the site. A site visit on April 18, 2008, by MRO staff concluded clean up is complete at the Denton site. 3. The effect on water/groundwater quality: There is no documented effect on water, public health, and fish or wildlife, as a result of these violations. 4. The cost to rectify the damage: The cost to rectify damage is difficult to determine. A report from ALCHEM included costs that were not associated with the violation. The submitted clean-up plan did not specify, however, as of April 18, 2008, ALCHEM has completed site clean up. 5. Amount of money saved by noncompliance: The amount of money saved is approximately 1$ 9,440. Savings were calculated by using weight from submitted ALCHEM weight tickets and calculated by landfill tipping fees. The tipping fee for Rowan County Landfill is $32.00 per ton. Each of the 27 loads was estimated at 45,000 Ibs (22.5 tons). 6. Whether or not the violations were committed willfully or intentionally: The violations were willful and intentional. ALCHEM knew from permit requirements, previous documentation, and settlement agreement, that disposal options only consist of on -site, landfill, or selling as product filler to Southern States was acceptable. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority:. The ALCHEM facility has an extensive record of non-compliance, including NOV 10/25/1990, NOV 01/07/2002, NOV 03/15/2002, NOV/NRE 05/12/2003, NOV 08/19/2003, NOV/NRE 01112/2005, NOV/NRE 09/20/2005, NOV/NRE 01106/2006, NOV/NRE 12/20/2006, NOV/NRE 12/20/2006, and currently, under court order. 8. Type of violator and general nature of business: 9 10 11 The permittee manufactures chemicals for water and wastewater treatment. The primary use of the facility is to chemically treat bauxite to produce Alum for water and wastewater treatment. Violator's degree of cooperation (including efforts to prevent) or recalcitrance: The permittee historically has exhibited either a lack of ability or indifference regarding facility conditions and has demonstrated poor management of the bauxite fill area and the recycle system. Note that by April 18, 2008, the dumpsite had been cleaned up as required. Recent management changes at Alchem have resulted in some improvements at the facility in Rockwell, but the company owner has shown lack of concern. Mitigating circumstances: This Office is very concerned with the 22-year history of poor management of ALCHEM's non -discharge facilities. These violations exhibit a continuation of this history regarding compliance with permit conditions, and poor management of the bauxite fill area. See file history included in package. Cost to the State of the enforcement procedure: The cost to the State in bringing about this enforcement action is as follows: 8 hours by Ellen Huffman for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Peggy Finley for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Andrew H. Pitner, P.G. for supervisory review at $28.62/hour = 228.96 1 hour for clerical processing at $10.93/hour = 10.93 Mileage 50.8 @ $0.26 per mile = 132.08 Certified Mail 6 @ $4.64 /ea. = 27.84 Total $793.73 I I I DIVISION OF WATER QUALITY -- CIVIL PENALTY ASSESSMENT Violator: ALCHEM, Inc. County: Rowan Case Number: PC-2008-0026 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private ( ) not significant (X) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) The duration and gravity of violation; ( ) not significant ( ) moderately significant ( X) significant ( ) very significant ( ) extremely significant 3) The effect on ground or surface water quantity or quality or on air quality; ( ) not significant (X ) moderately significant ( ) significant ( ) very significant () extremely significant 4) The cost of rectifying the damage; ( ) not significant ( X ) moderately significant () significant () very significant( ) extremely significant 5) The amount of money saved by noncompliance; ( ) not significant ( ) moderately significant ( ) significant (X) very significant ( ) extremely significant 6) Whether the violation was committed willfully or intentionally; ( ) not significant ( ) moderately significant ( ) significant ( ) very significant (X) extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental management Commission has regulatory authority; and ( ) not significant ( ) moderately significant ( ) significant ( ) very significant (X) extremely significant 8) The cost to the State of the enforcement procedures. ( ) not significant (X) moderately significant ( ) significant () very significant ( ) extremely significant �3v.'0 Date Andrew H. Pitner, P.G. REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date A �I William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randall Andrews, Registered Agent ALCHEM, Inc. 2042 Buie Philadelphus Road Red Springs, NC 28138 and ALCHEM, Inc. 8135 Red Road Rockwell, NC 28138 Dear Mr. Andrews: Coleen H. Sullins, Director Division of Water Quality AQUIFER PROTECTION SECTION June 30, 2008 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1 and Non -Discharge Permit No. W60016338 Non -Discharge Permit No. WQ0002702 Case No. PC-2008-0026 NOV-2008-PC-0134 Rowan County This letter transmits notice of a civil penalty assessed against ALCHEM, Inc. in the amount of $34,543.73, which includes $793.73 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Please submit payment of the penalty:. Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 One NorthCarolina Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: (704) 663-1699 Fax: (704) 663-6040 � 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: htti)://gw.ehnr.state.nc.us atu1,Q //l� ALCHEM Inc. Assessment WQ0002702 OR r Page 2 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form, the Justification for Remission Request and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; . (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 2769921636 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information and inform you of her decision in the matter of the remission request. Her response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director, and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. I 'ALCHEM Inc. Assessment WO0002702 OR Page 3 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please mail or hand deliver a copy to: Mr. Ed Hardee DWQ/Aquifer Protection Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. AI-CHEM Inc. Assessment WQ0002702 r Page 4 !{ yot! have any questions, please contact me or Peggy Finley at (704) 663-1699 or Mr. Ed Hardee at (919) 7 15-6189. Sincehely, Andrew H. Pitner, P.G. Environmental Program Supervisor III Aquifer Protection Section Mooresville Regional Office ATTACHMENTS cc: Ed Hardee, DWQ APS Central Office w/attachments Case # NOV-PC-2008- 0134 w/ attachments APS Central Files w/ attachments DWQ Public Information Office w/attachments Rick Shiver, DWQ Central Office Bob Wolcott, Alchem Facility, Rockwell STATE OF NORTH CAROLINA COUNTY OF ROWAN IN THE MATTER OF: ) ALCHEM Incorporated, ) FOR VIOLATIONS OF ) PERMIT NO. WQ0002702 ) AND N.C.G.S. 143-215.1 ) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. PC-2008-0026 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Andrew H. Pitner, P.G., Environmental Program Supervisor III of the Mooresville Regional Office (MRO) Aquifer Protection Section (APS) of the Division of Water Quality (DWQ), of the North Carolina Department of Environment and Natural Resources, make the following: FINDINGS OF FACT: A. ALCHEM Incorporated (ALCHEM) is a corporation organized and existing under the laws of the State of North Carolina. ALCHEM operates a washwater recycle system and a bauxite residuals disposal (monofill) system at their facility in Rockwell, Rowan County. The registered agent for ALCHEM is Randall F. Andrews. B. Non -Discharge Permit No. WQ0002702 (issued December 28, 2004) regulates the washwater recycle system at the ALCHEM facility and Non -Discharge Permit No. WQ0016338 (issued December 28, 2006, adjudicated and enforceable from terms of a Settlement Agreement filed on November 27, 2007) regulates the disposal of residuals from the recycle system. Permit WQ0016338 allows ALCHEM to dispose of spent bauxite residuals, after the residuals meet certain conditions, on site. Alternately, 15A NCAC 02T .1103 permits by rule the disposal of residuals in a subtitle D landfill. C. Permit WQ0002702 condition 6 states, "The residuals generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the Division." D. ALCHEM and the Division entered into a Settlement Agreement filed on November 27, 2007, to resolve alleged violations, in addition to the permit adjudication noted above. The Settlement Agreement states, "additional bauxite residuals must be disposed of in a manner consistent with Water Quality General Statutes and the relevant rules promulgated thereunder or applicable Solid Waste Statutes and the relevant rules promulgated thereunder." Disposal of wastewater residuals in a solid waste facility is permitted by rule in accordance with 15A NCAC 02T .1103. E. On or about January 24, 2008, MRO APS staff received a complaint (via phone) of a material being dumped (by a truck with the name ALCHEM on it) on land near Denton, NC, sometime in late December 2007. The material reportedly had been removed from lagoon number 2 at the ALCHEM facility. F. On January 25, 2008, MRO APS staff visited the Denton dumpsite and observed at least 27 piles of material that appeared to be spent bauxite residuals from ALCHEM. Photos and samples of the material were taken. A pH measurement was performed in the MRO lab using a calibrated meter. The sample had a low pH (3.7) typical of ALCHEM spent bauxite. The material was residuals generated at the ALCHEM facility. G. The Division has not issued a permit for the disposal of the residuals at the Denton dump site nor is the dump site a permitted solid waste facility approved to received such residuals pursuant to 15A NCAC 02T .1103. H. Staff costs and expenses associated with observing the violations, defining their nature and bringing enforcement action totaled $793.73. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. ALCHEM is a "person" within the meaning of G.S.143-215.6A pursuant to G.S. 143-212(4).. B. Permit No. WQ0016338, was issued on December 28, 2006, and became effective and enforceable on November 27, 2007. Permit WQ0002702, was issued on December 28, 2004 and became effective and enforceable on July 5, 2007. C. ALCHEM violated G.S. 143-215.1 and part 6 of permit WQ0002702, by disposing of spent bauxite sand at an unapproved off -site location. D. General Statute 143-215.6A(a) provides that a civil penalty of not more than $25,000.00 per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. E. General Statute 143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulations, standards, or limitations adopted by the Environmental Management Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2. F. The Regional Supervisor of the Mooresville Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISIONS: Pursuant to N.C.G.S. 143-215.6A in determining the amount of the penalty, I have taken into account the Findings of Fact and Conclusions of Law and considered all the factors listed in N.C.G.S. 143B-282.1, which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Accordingly, ALCHEM is hereby assessed a civil penalty of: $ 33,750.00 **for failing to perform to permit standards as required by G.S. 143-215.1. , Permit W00002702 condition 6 states, "The residuals generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the division." $ 793.73 Investigation and Enforcement costs assessed. $ 34,543.73 TOTAL AMOUNT DUE IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any. continuing violations occurring after the assessment period indicated above. Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed. V. TRANSMITTAL: These 'Findings of Fact, Conclusions of Law and Decision shall be transmitted to ALCHEM, Incorporated, in accordance with N.C.G.S. 143-215.6(A)(d). (Date) r i Andrew H. Pitner, P.G. Environmental Program Supervisor III Aquifer Protection Section Mooresville Regional Office JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2008-0026 County: Rowan Assessed Party: ALCHEM, Inc. Permit No. (if applicable): WQ0016338 &WQ0002702 Amount assessed: $34,543.73 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in determining your request for remission. Please be. aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: 'STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROWAN IN THE MATTER OF ASSESSMENT) OF CIVIL PENALTIES AGAINST ) ALCHEM, Inc., ) Permit No. WQ0016338 and ) Permit No. WQ00002702 ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2008-0026 Having been assessed civil penalties totaling $34,543.73 for violation(s) as set forth in the assessment document of the Division of Water Quality, Aquifer Protection Section dated June 30, 2008 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 20 Signature ADDRESS TELEPHONE June 30, 2008 MEMORANDUM TO: Ed Hardee, APS, LAU FROM: Andrew Pitner, MRO APS 9 PREPARED BY: Ellen Huffman, MRO, APS SUBJECT: Enforcement Case PC- 2008-0026 Violation of Permit No. WQ0002702 ALCHEM, Incorporated Attached is the enforcement package sent to ALCHEM on June 30, 2008, with supporting documentation concerning violations of the subject permit. The violations resulted from ALCHEM's mismanagement of the bauxite reuse program. This Office is issuing a penalty. The attached material should be self-explanatory; however, if you have any questions, please contact Mrs. Ellen Huffman or me. Attachments ebh Page 1 Summary On Thursday, January 24, 2008, the Mooresville Regional Office received a complaint of dumping by ALCHEM on a site just north of Denton, NC. Peggy Finley visited the site on January 25, 2008 and observed multiple piles of ALCHEM spent bauxite sand dumped in a field off of Tom's Creek Church Road in Denton, NC (Davidson County). At least 27 piles were counted on the site in two locations of a level grassy field (photos attached). Chronology of Events/Correspondence January 24, 2008 — A report of dumping is received by the MRO. Complainant says dumping occurred in the latter part of December 2007. January 25, 2008 — Staff from the MRO conducted a site visit at the location given by the complainant. Observations and pH readings of the material lead to the conclusion that it is ALCHEM's spent bauxite sand. CHECKLIST FOR PERMIT VIOLATIONS Copies of the Permits (#WQ0016338, WQ0002702) are attached. 2. The violator is ALCHEM, Incorporated. Mr. Randall Andrews is the agent for the company. Mr. Randall Andrews 2042 Buie Philadelphus.Road Red Springs, North Carolina 28377 3. This enforcement involves violations of non -discharge Permit conditions and general statute G.S. 143-215.1. 4. Copies of correspondence are attached. 5. Copies of chain -of -custody for samples taken at dump site are attached. Not applicable. 6. The violation is not due to a power failure or by-pass of any treatment facility. 7. Are violation(s) chronic and/or due to a single operational upset? The violation is considered to be unlawful and willful. 8. Were any specific notifications submitted concerning noncompliance? A NOV/NRE was sent on March 25, 2008, which documented the subject permit violations and indicated that an enforcement recommendation would be prepared. 9. Cost of the investigation: 8 hours by Ellen Huffman for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Peggy Finley for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Andrew H. Pitner, P.G. for supervisory review at $28.62/hour = 228.96 1 hour for clerical processing at $10.93/hour = 10.93 Mileage 50.8 @ $0.26 per mile = 132.08 Certified Mail 6 @ $4.64 /ea. = 27.84 Total $793.73 Y DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: Permit Violation Non -Discharge Permit No. WO0002702 Case No. PC-2008-0026 Violator: ALCHEM Regional Office: Mooresville 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation: Acidic residuals were in an area accessible to the public on private property. 2. The duration and gravity of the violation: The violations were reported to have taken place in the latter part of December 2007. Estimates of the volume of material hauled off site took approximately 4 + working days. There were at least 27 piles found at the site. A site visit on April 18, 2008, by MRO staff concluded clean up is complete at the Denton site. 3. The effect on water/groundwater quality: There is no documented effect on water, public health, and fish or wildlife, as a result of these violations. 4. The cost to rectify the damage: The cost to rectify damage is difficult to determine. A report from ALCHEM included costs that were not associated with the violation. The submitted clean-up plan did not specify, however, as of April 18,;2008, ALCHEM has completed site clean up. 5. Amount of money saved by noncompliance: The amount of money saved is approximately $19,440. Savings were calculated by using weight from submitted ALCHEM weight tickets and calculated by.landfill tipping fees. The tipping fee for Rowan County Landfill is $32.00 per ton. Each of the 27 loads was estimated at 45,000 Ibs (22.5 tons). 6. Whether or not the violations were committed willfully or intentionally: The violations were willful and intentional. ALCHEM knew from permit requirements, previous documentation, and settlement agreement, that disposal options only consist of on -site, landfill, or selling as product filler to Southern States was acceptable. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: The ALCHEM facility has an extensive record of non-compliance, including NOV 10/25/1990, NOV 01/07/2002, NOV 03/15/2002, NOV/NRE 05/12/2003, NOV 08/19/2003, NOV/NRE 01/12/2005, NOV/NRE 09/20/2005, NOV/NRE 01/06/2006, NOV/NRE 12/20/2006, NOV/NRE 12/20/2006, and currently, under court order. 8. Type of violator and general nature of business: 9. 10. 11 The permittee manufactures chemicals for water and wastewater treatment. The primary use of the facility is to chemically treat bauxite to produce Alum for water and wastewater treatment. Violator's degree of cooperation (including efforts to prevent) or recalcitrance: The permittee historically has exhibited either a lack of ability or indifference regarding facility conditions and has demonstrated poor management of the bauxite fill area and the recycle system. Note that by April 18, 2008, the dumpsite had been cleaned up as required. Recent management changes at Alchem have resulted in some improvements at the facility in Rockwell, but the company owner has shown lack of concern. Mitigating circumstances: This Office is very concerned with the 22-year history of poor management of ALCHEM's non -discharge facilities. These violations exhibit a continuation of this history regarding compliance with permit conditions, and poor management of the bauxite fill area. See file history included in package. Cost to the State of the enforcement procedure: The cost to the State in bringing about this enforcement action is as follows: 8 hours by Ellen Huffman for preparation. of enforcement report at $24.62/hour = 196.96 8 hours by Peggy Finley for preparation of enforcement report at $24.62/hour = 196.96 8 hours by Andrew H. Pitner, P.G. for supervisory review at $28.62/hour = 228.96 1 hour for clerical processing at $10.93/hour = 10.93 Mileage 50.8 @ $0.26 per mile = 132.08 Certified Mail 6 @ $4.64 /ea. = 27.84 Total $793.73 D �• DIVISION OF WATER QUALITY -- CIVIL PENALTY ASSESSMENT Violator: ALCHEM, Inc. County: Rowan Case Number: PC-2008-0026 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private ( ) not significant (X) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) The duration and gravity of violation; ( ) not significant ( ) moderately significant (X) significant ( ) very significant ( ) extremely significant 3) The effect on ground or surface water quantity or quality or on air quality; ( ) not significant (X ). moderately significant ( ) significant ( ) very significant () extremely significant 4) The cost of rectifying the damage; ( ) not significant (X ) moderately significant () significant () very significant( ) extremely significant 5) The amount of money saved by noncompliance; ( ) not significant ( ) moderately significant ( ) significant (X) very significant ( ) extremely significant 6) Whether the violation was committed willfully or intentionally; ( ) not significant () moderately significant () significant () very significant (X) extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental management Commission has regulatory authority; and ( ) not significant ( ) moderately significant ( ) significant ( ) very significant (X) extremely significant 8) The cost to the State of the enforcement procedures. ( ) not significant (X) moderately significant ( ) significant () very significant () extremely significant Date Andrew H. Pitner, P.G. REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the pctitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date ibly filled In THIS SHIPPING ORDER mustbelCarrbon,andretain di bytheIndelible AgentPencil, orin r-, .l:r"lEi iNi ;ARRIER SHIPPER NO. CARRIER NO. DATE SCAC 11:�?2tJ08 TO: FROM: CONSIGNEE iilDUCS I RiAL & A G R I C � "dEMil 1.,3AL8, 1 N C SHIPPER AL&I'EM, iNC STREET 2042 BUIE PHILAD' LPHIUS RD STREET 813� n P,, D R❑ SPRINGS, NC 23377 ROC WELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. i 3 10-84 -2121 22.5 TOMS O BAUXITE- E- SAi\]D ((r e I 1``M1�Nyy ,f f GIR.03T,8- 75,300 30,300 MEET: 45,000 jo �J - 3, v -1 (e� l .)_ "'C: Subject to Section 7 of conditions, if this Remit COD to: shipment is to be delivered to the consignee COD AMT: COD FEE: without recourse on the consignor, the consignor .1 Address: shall sign the following statement: Prepaid ❑ The carrier shall not make delivery of this City: State: Zip: shipment without payment of freight and all other $ Collect ❑ lawful charges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby; /j' r �' Q specifically stated by the shipper to be not exceeding $ Per f (signature of consignor) ❑Prepaid ❑Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carryto delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, ands �-' ..-- .— �—J:a:-- L-- a-..---...i..a:-- J:-- a., aL— ...-.-I: �.. LI.. .I.. a:...... ..L aL... 1'1........a..•.....a ..L T-.......... // .4y / i � :�.._'^.I� �.,� SHIPPER: r i r;'a _ i'i ir�•1 C CARRIER: PER: 1 :{ i it 1 Vv�ai..�i(�)' `P PER: i I f :'`I C* PAHi +.1 1 1 f'.3114l008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( ) including storage incidental to transportation (172.604). (` Agent must detach and retain this Shipping Order 1 11 C 03 12267 [��) and must sign the Original Bill of Lading. 9 TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) if the Property is perishable and is refused by the consignee or ' "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at sne destination location. or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided, advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in the carrier shall use commercially reasonable efforts to notify You the refusal of the Property or the failure to receive it, and delivery of the Property: request instructions regarding disposition of the Property. (i) caused by an act of God, the public enemy, the authority of (d) If the procedure described in subsection (b) and (c). is not law, or any act or default by you and/or the owner of the commercially reasonable; the carrier may, at its option, sell the Property, or for natural shrinkage. Property under such circumstances and in such manner as may (ii) occurring while the Property is stopped and -held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. in all cases not sold hereunder. prohibited by law, where a lower value than actual value has (f) it you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed there is no regularly appointed freight,agent, the carrier shall not upon in writing as the released value of the Property as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate is location after the Property has been unloaded at such location. based, such lower value plus freight charges if paid shall be the Section 5 Valuable Items maximum amount to be recovered, whether or not such loss or damage occurs from negligence. (a} The carrier's liability in connection with the Property is limited to Section 2. Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for 'delivery has elapsed. All causes of, endorsed on this bill of lading. action must be instituted within two years following the date when Section 6 Joint Liability for hazardous Goods written notice is given by the carrier to you that the carrier has disallowed •the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property in the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment and the point of destination reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such Section 4 .Responsibility for Property additional charges. The respective liability of you and .the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in.this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed'as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of•the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading,,the (if intended for export). The carrier, in its discretion, may store the _ freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8-E.ffect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior, bill of lading as to the statement of value or otherwise, or election (b)Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a part of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or made in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property at public auction to the highest if all or any part of the Property is carried by water over any part of said route, bidder, at such place as may be designated by the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. Ci copyright 2004 J. J. KELLER & ASSOCIArES, INC.. Neenah, wl • USA a (800) 327-68e8 • www.jike!ler.com . Printed in the United Scares I _s- ,TNIS`Si�IPPING ORDER must be legiblyfilled in, eaiInk, dbytheAgePencil, orin Carbon, and retained by the Agent. .. r _ r AI C;i17ENA, INC. 'ARRIER SCAC SHIPPER NO CARRIER NO DATE TO: IKIDU3TRIAL 8, i'—,I�RiC CHEMICALS, !NC FROM: CONSIGNEE SHIPPER NC STREET 2042 BUIE PHILADELF'HIUS RD STREET 8131'5 R D RU RED ISPRING=;, NC 28377 Rt=i� IL1r�E'_ [",IC 23138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. :.1 0_843-2121 03200 7 -5-50 (73 F 4. j �.atificdfa j I a3ilaiTd:3�n'D I Ji 2088.- 75.3,00 TARS= : 0, 00 DIET: -,0(), t�N= 3, ScC Remit COD to: Subject to Section 7 of conditions, if this CO® FEE: shipment is to be delivered to the consignee®® AMT: Address: withouta grecourse the following statement: consignor, the consignor The carrier shall not make delivery of this � Prepaid El City: State: Zip: shipment without payment of freight and all other lawful charges. Collect ElQ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the �' ` ba TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby , , , , specifically stated by the shipper to be not exceeding $ Per t (Signature of -Consignor) 1 $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the tamer and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise tc deliver to another carrier on the route to said destination. It Is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever) service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which arelhereby agreed to by the shipper and accepted for himself and HE assigns. - NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: �v L',LCHI kt" 1NC LCHr=Ifi fIJ(_. SHIPPER: CARRIER: PER: ROBER I ',NOLC0 7 PER: TEE RRY G RAHAlm � 1 wG Aflti )1_,_CII it DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). lj,ff� Agent must detach and retain this Shipping Order ?11-BLC-03 12267 v/) and must sign the Original Bill of Lading. •- By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 Limitations of Liability (a) The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage. (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (iii) resulting from a defect or vice in the Property, or from riots or strikes. (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. Section 2 Filing of Claims (a) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by .the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving -party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at. the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) • Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 1.5 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may -be designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is refused by the consignee ors party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (f) If you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent, the carrier shall not be liable for any loss or, damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to. the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading. Section 9 Transport by Water If all or any part of the Property is carried icy water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing file water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • iwjwjjkeller.com • Printed in the United States TI IS'SHOPPING ORDER must be legibly filled in, in Ink, in Indelible Pencil, or in Carbon, and retained by the Agent. i ;ARRIER TO: FROM: CONSIGNEE INDUSTRIAL <. AGR1C CHEiUCt`ALS, 1P,JC SHIPPER STREET 042 BUIE PHI LADE LP'r,!1U S, D STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ORIGIN ROUTE 2.5D T 0N'SCrF 6AUx!TE SAND SHIPPER NO. CARRIER NO. DATE 7t,)nr: SCAC ALui IEA, INC 8135 IRED RD ROC!""WELL, NC 218.138 STATE VFHI('l F Nl IMRFR I U.S. DOT HL i � , t, 1r1ft4sU 4Ce GROSS: 75,300 .I ,-�RLE: 1•0,31G0 I'd -. `iv. 000 ZIP Remit COD o: Subject o Section r of conditions, it this COD FEE: shipment is rs be delivered to the consignee COD AMT: A,.1 without recourse on the consignor, the monsignor ddress: shallsign the following statement: Prepaid ❑ City: State: Zip,shipment The without Pay I not makeght every of this ul chwithout payment of freight and all other Collect ❑ $ lawful charges. �p NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the y� TOTAL CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby 0 6 9, f.r�( st-- :_� FREIGHT CHARGES' specifically stated by the shipper to be not exceeding $ Per (signature of consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carder and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified; described, packaged, marked, and labeled, and��=-- are in proper condition for transportation according to the applicable regulations of the Department of Transportation -'PER: ��yM1, ; i9�✓ ,��'��;i SHIPPER: ALCHE1 A, INC I CARRIER: ALCH'E:' . PER: P.1-) dPPT Wri! (In I i PER: -t-.r::DQV r.! r1I_ Ar^ DATE: t 1,"20O 5 EMERGENCY RESPONSE ouij Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( ) including storage incidental to transportation (172.604). (,V� Agent must detach and retain this Shipping Order ',11-13I_C-03 12267 [�JS) and must sign the Original Bill of Lading. TERMS A , CONDITIONS By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of.or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and delivery the Property: request instructions regarding disposition -of the Property. (i) caused by an act of God, the public enemy, the authority of (d) If the procedure described in subsection (b) and (c) is not law, or an act or default b you and/or the owner of the commercially reasonable, the carrier may, at its option, sell the Property, or for natural shrinkage. Property under such circumstances and in 'such_ manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has if) If you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed there is no regularly appointed freight agent, the carrier shall not upon in writing as the released value of the Property as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate is location after the Property has been unloaded at such location. based, such lower value plus freight charges if paid shall be the. Section 5 Valuable items maximum amount to be recovered, whether or not such ,lass or damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared Section 2 Filing of Claims value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Properly (or, in case of ' specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for delivery has elapsed. All causes of endorsed on this bill of lading. action must be instituted within two years following the date when Section 6 Joint Liability for Hazardous Goods written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any Such goods may be warehoused at your and the have been effected upon or on account of the Property in the owners risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable provide erroneous information that results in the shipment being dispatch. The carrier shall have the right in case of physical necessity to reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment - identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of -the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other if this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only, to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a part of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or made in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may Sell the Property at public auction to the highest If all or any part of the Property is carried by water over any part of said route, bidder, at such place as may be designated by the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to ail of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, WI • USA e (800) 327-6888 • t wimiikelier.com • Printed in the United States �"H IS: SI i I P PI IV G ORDER must be legibly filled in, in Ink, in Indelible Pencil, or in Carbon, and retained by the Agent. , l.-C-, aEM,1NC ;ARRIER SHIPPER NO. CARRIER NO. DATE 1 / /20( -)8 SCAC lNDU,93TRIAL & AG ;IC ^i�-�EMICAL"�, ii�C_ FROM CONSIGNEE SHIPPER H I C C �'� � M . ; %fir; STREET 2042 BUIE P-i(LADELPMIUS R D STREET 8 135 RED RC .u..� RE SPRINGS, NC 283 nC,;^,`�'v'1,rEL' , �!�_• t ,0i 8 28'13d DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg.! No. 9'10-8��3-2.121 JG2�107 �55G r��}F . 51TONS OF BAUXiTE SAND GROSS- 75,300 TARE: 30,300 NET' 15,000 i)�,,- 3. ?2,r� /3od Remit COD to: Subject to Section 7 of conditions, If this COD FEE: shipment is to be delivered to the consignee®D /t n AM d�• without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ The carrier shall not make delivery of this City: State: Zip: shipment without payment of freight and all other COIIeCt ❑ lawful charges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the �d iI TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby // Y .p%(� specifically stated by the shipper to be not exceeding $ Per p (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carrieriand shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, If on its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified'. described, packaged, marked, and labeled, and�' f .L, are in proper condition for transportation according to the applicable regulations of the Department of Transportation ,PER: f-�//C' Li SHIPPER: AL.CHEIVI: HNIC. CARRIER: ALC IL_I'Vi, IN . PER: R0E;ERT ��'OI-CO f T PER: YF�?f--'Y (=Rlr�{-I 10 h. r. �. n r+ r� DATE: 1 J 4120 () 8 EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). (` Agent must detach and retain this Shipping Order ?11-BLC-03 12267 ��/—) and must sign the Original Bill of Lading. By giving the carrier the property described in this bill of lading (the (c) if the Property is perishable and is refused by the consignee or ' "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and delivery of the Property: request instructions regarding disposition of the Property. (i) caused by an act of God, the public enemy, the authority of (d) If the procedure described in subsection (b) and (c) is not law, or any act or default by you and/or the owner of the commercially reasonable, the carrier may, at its option, sell the Property, or for natural shrinkage. Property under such circumstances and in such. manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. if fojlowing payment of the preceding there is a established by written or electronic declaration by you or by balance, suchbalance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has (f) if you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed there is no regularly appointed freight agent, the carrier shall not upon in writing as the released value of the Property as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate is location after the Property has been unloaded at such location. based, such lower value plus freight charges if paid shall be the Section 5 Valuable Items maximum amount to be recovered, whether or not such loss or damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for delivery has elapsed. All causes of endorsed on this bill of lading. action must be instituted within two years following the date when Section 6 Joint Liability for Hazardous Goads written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property in the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. if you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another'bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a part of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or made in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property at public auction to the highest If all or any part of the Property is carried by water over any part of said route, bidder, at such place as may be .designated by the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the .Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be -applicable to transportation by water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2604 J. J. KELLER 8, ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • m.mi.jjkelleccom • Printed in the United States THIS -SHIPPING ORDER must be legibly filled in, in Ink, in Indelible Pencil, or in Carbon, and retained by the Agent. ALCI-IENI, !NC. ,ARRIER CONSIGNEE IND! S i RIAL & AGRIC `HE.iV11CALS, 1NC SROM STREET 2042 BUIE PHILADELPHiUS FCC) STREET DESTINATION STATE ZIP ORIGIN ROUTE 9.1 0-843-22121 IONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. DATE 1/8/2008 - SCAC A'.10:H i_ I `vri i l\1 r-; 8 I Jam) R fL:-: D IR ii STATE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. df 1 qFA t s1fSS6415t= fD 1 t.1R0 emu. ; 5,L �00 ZIP Remit COD to: Subject to Section 7 of conditions, if this COD FEE shipment is to be delivered to the consignee COD AMT: ' without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ The carrier shall of this d, City • State: Zip:shipment without payment off freight make land all other �' lawful chaiges. p y g Collect ❑ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the /f f• TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby ,( /4 ('��t j ,r..r specifically stated by the shipper to be not exceeding $ Per / (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carder and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout1his contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at sald destination, if on Its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any potion of said route to destination and as to each parry at any time Interested in all or any of said Property that everl service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and HE assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). j This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation,-PER:"'�;(e/ SHIPPER: ALCHENI, I 'liC CARRIER: PER: Pnr-,,Ff-.' i-',r' /ni cnTT PER: j Zpry fir, -,',L,JA, ,l . DATE: �P2taG3 EMERGENCY RESPONSE �`. �`''� Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). (� Agent must detach and retain this Shipping Order !11-BLC-03 12267 ��/—) and must sign the Original Bill of Lading. By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 Limitations of Liability (a) The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act of God, the, public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage: (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (iii) resulting from a defect or vice in the Property, or from riots or strikes. (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. Section 2 Filing of Claims (a) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has .elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (f) if you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for hazardous goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading. Section 9 Transport by Water If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, wl • USA • (800) 327-6868 • wvnv.ijkeiler.com • Printed in the United States THIS -SHIPPING ORDER ..at be legibly filled in, in Ink, in Indelible Pencil, or in Carbon, and retained by the Agent. SHIPPER NO. ;ARRIER SCAC TO: FROM: CONSIGNEE INDUSTr�IAL &,AGRIC CI—IEN41CA L,.,,, IN(—� SHIPPER STREET /2042 BUIE PHILADEI PHIUS RD. STREET DESTINATION trIr D cvi'F:I�C�? ��C 2S ATE ZIP . , ORIGIN ROUTE 2.51TON8 ,0F BAUXITE SAND CARRIER NO DATE I /g119 7fl%i A1L_('_:HE'V1' INIC' IF STATE VEHICLE NUMBER I U.S. DOT Hazmat Reg. No. EF, , J LCGTI od to `A`1_gA'?lSF 69 PH: 3,-)6 C /LVC G 0SS; 1" ,3I00 f E7, 4 r.GGC? ZIP Remit COD to: o Subject Section of conditions, if this COD FEE• shipment is be delivered ed to the consignee CO D AMT: ' without recourse an the consignor, the consignor Address: shall sign the following statement: Prepaid ElThe carrier shall not make delivery of this d, City: State: Zip: shipment without payment o1 freight and all other Collect ❑ lawful charges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby /% 6.U1 specifically stated by the shipper to be not exceeding $ Per it (signature of Consigno) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, If on its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time Interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. , NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation/PER: `(, SHIPPER: ALCHEM, INC PER: CARRIER: ALCHEM, INC. PER: DATE: 11911,200Is EMERGENCY RESPONSE GUU e_[Z44_,:J.)Uu Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). (� Agent must detach and retain this Shipping Order ?11-13LC-03 12267 (��j) and must sign the Original Bill of Lading. TERMS AND By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 Limitations of Liability (a) The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage. (if) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (III) resulting from a defect or vice in the Property, or from riots or strikes. (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. Section 2 Filing of Claims (a) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed., All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving -party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS , (c) if the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location. or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (f) If you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent; the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss of damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges; unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. . (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines 'that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading. Section 9 Transport by %later If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLEA & ASSOCIATES, INC.. Neenah, Wf • USA • (800) 127-6868 • www jkeiler.com • Printed in the United States THIS:SHIPPING ORDER ..at be legibly filledin, inInk, inIndelible Pencil, orin r carbon, and retained by the Agent. ALCHEVI I, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. DATE — TO: CONSIGNEE 1ND�-1 STRIAL COXRA AG�C CHEMICALS, INC SROM HIPPER ALCHPM, INC STREET 2042 BUIE PHILADELPHfUS RD STREET 8135 RrE.D RD RFD SPRINGS, NC 28377 ROC(' WELL, Z8138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT�1Hazmat Reg. No. U-S43-�'121 c. 31.1-0V tr 550 i 13Ir 5[TON•S OF BAUXITE SAND iDYJ- a'-� � _ /e/u` GR05 3: '75,300 TARE: ;- ,300 n IET' I'4 I . —r,,� ,(}JQ Reflllt COD t0: shipment Subject to Section 7 of conditions, it this COD FEE: pment is to be delivered to the consignee®® AMT: wilhout recourse on the consignor, the consignor Address: shall sign the following statement: City: Slate: Zip: shi mp The carder shall not make delivery of this Prepaid El without a ment of freight and all other lawful charges. Collect El$ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the /j ,7 TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby V _G �1f_/� specifically stated by the shipper to be not exceeding $ Per J (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier dnd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and j j i �L_ are in proper condition for transportation according to the applicable regulations of the Department of Transportation ,PER �l✓(f / ��%it/l �G' SHIPPER: a,LCHLE-M. INC -- - ( CARRIER: AL-CIHIE dI, INC/./ PER: tlRRRT lit/c" I C (} (? PER: rE f R",' GR.AHAfv1 1 / 10/2038 DATE: EMERGENCY RESPONSE °t t``�"'`�ul" Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). (,ff. Agent must detach and retain this Shipping Order r11 BLC-03 12267 ��/—) and must sign the Original Bill of Lading. By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 Limitations of Liability (a) The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the.owner of the Property, or for natural shrinkage. (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (iii) resulting from a defect or vice in the Property, or from riots or strikes. , . (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. Section 2 Filing of Claims (a) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part'or parts thereof specified in the notice. if your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for lass of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right incase of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be -designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the 'same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (f) If you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent; the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges, unless you stipulate in uniting in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in t`te shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading. Section 9 Transport by Water If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while -it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • %wjtvlikelleccotn • Primed in the United States A' W THIS SHIPPING ORDER must be legiblyn,and retained ink, in Indelible Pencil, or in � Carbon, and reetained by the Agent. ;ARRIER SHIPPER NO. CARRIER NO. DATE"11 �7C1()c°i SCAC CONSIGNEE INDUSTRIAL RIAL & .AGRIC LI-?E MIC.:ALS, INC SROM ALCI-aEFO, UNC STREET 2042 BUIE PHILACELPi-11US RD STREET 8135 RED RD RED SPRINGS, NC 23377 ROCKWELL , NC •28-I38 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. t '31 a'1 � -3��-2', ,/ 1 � 062007550 373E Ii ONS OF QAUXI T E SAND �CerSiYr'a1iV aNSLNEF LGROSS: 7 5,30, 0 TARE.W,3, 00 NET: 45,0I00 Remit COD to: Subject to Section 7 of conditions, if this COD FEE: shipment is to be delivered to the consignee®D /t n nT: 1 without recourse on the consignor, the consignor CODAMT'. f I Address: shall sign the following statement: Prepaid EJ The carrier shall not make delivery of this City: State: Zip:shipment without payment of freight and all other y awful Ub charges. ; Collect El NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby ( X� specifically stated by the shipper to be not exceeding $ . Per J (signature of consignor) 1 ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier and.ghipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations.of,the Department of Transportation PER:/ (C-il"I I /' V /1AW/&' 4 SHIPPER: ALCHENI, NC CARRIER: ALC:i- E[_ 01, INC. PER: ROEERT UWOLCO Fi PER: TERRY GRAI"ih'tM 111 112008 nn� n^1A nanrn DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( ) including storage incidental to transportation (172.604). Agent must detach and retain this Shipping Order '11 BLC 03 12267 and must sign the Original Bill of Lading. Y AC By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. .Section `f Limitations of Liability (a) The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: . (i) caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage. (ii) occurring while the Property is,stopped and held in transit at your request or that of any other party entitled to make such request. (iii) resulting from a defector vice in the Property, or from riots or strikes., (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. Section 2 Piling of Claims (a) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a •reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction. to the highest bidder, at such place as may be designated by the carrier. Prior fo any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) if the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the. Property or the -failure to receive it, and request instructions regarding disposition of the Property. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, delrlurrage, storage, and any other lawful charges and the expense of notice, advertisement. sale, and other necessary expense and of caring for and maintaining the, Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (f) 1f you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading. Section 9 Transport by Water If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. U Copyright 2004 J. J. KELLER & ASSOCIATES, INC.. Neenah, WI • USA e (800) 327-6868 • www.jjke➢eLcam • Printed in the United Stales THIS SHIPPING ORDER must be legibly ffiled In, inInk, inIndelible Pencil, orin Carbon, and retained by the Agent. ALCFIEM, !INC. :ARRIER SCAC SHIPPER NO. CARRIER NO. DATE 1 /1 5,1_00 CONSIGNEE iNDUS TRIAL & AGRIC CHEMICALS, INC g�®M ALCHEIM, INC STREET 2042 BUIE PH- LADELPHIUS RD STREET 8135 RED RD RED SPRINGS, INC 28377 R CCKWELL, NC `2'8'13,`i DESTINATION STATE' ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. ?.5 TONS OI< DAUYITE SAND i ��es�ei es]4r� fi1h5INSF Sit GROSS- r 5,300 i TARE: :33.3Cl�l (`SET. 45,00101 FAN = 3, Remit COD t0: Subject to Section 7 of conditions, if this COD FEE• shipment is to be delivered to the consignee COD AMT: Address: without n the following the consignor, the consignor d shall sign the fallowing statement: Prepaid ❑ The carrier shall not make delivery of this. City: State: Zip: shipment without payment of freight and all other Collect ❑ lawful charges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby 0 7�JL-6_ezl FREIGHT CHARGES: specifically stated by the shipper to be not exceeding $ Per / (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are avallable to'the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). 1_1,__ This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and �! • i I �.. are in proper condition for transportation according to the applicable regulations of the Department of Transportation PERy/C��'��/�l SHIPPER: ALCHEM, INC CARRIER: ALCHEK INC. PER: ROBERT WOLCOTT" PER: T ERR`f GRAHAM 1/I7/tl)n�S Inn 4�� v��V 2-4 nanr: DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). (,W. Agent must detach and retain this Shipping Order Ill-BLC-03 12267 [�JS) and must sign the Original Bill of Lading. TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) Kthe Property is perishable and is refused by the consignee ci�' ^Promrty").you agree to all of the terms ofthis bill of lading. party entitled to -receive Katm*destination location. msaid Section Limitations of Liability consignee or party entitled to nmehm it shall fail to nmoiv* it (a) The carrier or partyi '---i— o;the Property shall be liable, PromPVy, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best aocuoommnn law for |u000fnrdamo8eoo such Property,Property,' except aahoveino�or—` provided.the advanta a¢private orpublic sale. Prior toselling the Pm �y (b) The carrier shall notnbe liable for loss of, damage too, delay in carrier shall use commercially reasonable efforts ' you of the refusal of the Property/ or the fai|urn10 receive it, and delivery ofthe Property: request instructions regarding disposition ofthe Property (i) caused byenact ofGod, the public enemy'theauthority of (d) If the procedure described in subsection \b> and (u) is not law, or any em or default by you and/or the owner of the commercially reasonable, ' the oanierma� atits ophon. sell the —^ Pmpo��orfor n�um|ohhnkage. P unorsuch circumstances and insuch manner aamay (it) occurring While the Property is stopped and held in transit at be authorized by law. your request nrthat ofany other party entitled mmake such (n) The carrier shall apply the proceeds:; any ua|o made under this request. section to the payment of freight, domunage, stona0o, and any (iii)resulting from adefect orvice inthe Property, orfrom riots or other lawful charges and the expense o/notice, advertisement, strikes. ss|o, and other necessary enpanae and of caring for and (o) Ththe extent pehnhmgunder the SurmarkAmendment, the maintaining the Property, ifproper care nfthe same requires liability ofthe carrier for the Property may balimited oomvalue special expense. |ffollowing payment ofthe preceding there isa established by written or electronic declaration by you or by balance, such balance shall Uapaid mthe owner o[the Property written agreement between the carrier and you. {nall cases not sold hereunder. prohibited bylaw, where olower value than actual value has (0 Uyou direct the carrier toUe|iverthoProperty \oalocation where, been represented |nwriting Uythe shipper nrhas been agreed there is no regularly appointedfre|hu agent,Uh ishall not upon in writing as the released value of the Property as be liable for any loss orUomoga to Property occurring at such determined by the classification ortariffs upon which the rate ia location after the Property has been Unloaded a/such location. beaad. such lower value plus freight charges if paid ohu|| be the Section 5 Valuable Items maximum amount to be recovered, whether urnot such loss or damage occurs from negligence. («) The carrier's liability inconnection with the Property is limited to Section Filing of Claims the lesser ofthe amount ofyour actual damages orthe declared value stipulated by the carrier vnthe face o(this bill oflading plus (a) Claims against the carrier for |mm of or damage to the Property any freight charges paid by you. must be "'e" in w"""y with the carrier issuing"this bill "' lading" (b) The carrier shall not be liable in any way for any Uooumema, within nine months after delivery of the Property (or, incase of specie, specifically export��a�within nine months after de|kmrympo���oxPn�) /thor e published rated publi. classifications or ���a unless special or, in se � �=make " ° delivery,agreement to do so and a stipulated value of the articles are ' " reasonable "'= '""='`='' has elapsed. All causes of endumodonthis bill oflading. action muatovinstituted within two years following the date when ��e notice is given by the� to that the � has Section � �o|m� �i�bi|hy�����n�oum�o�� disallowed the claim or any part or parts thereof specified in the You, and if you are an agent,an owner Y the Property, shall be Joint and notice. Uyour da|m or action is nm0nd or instituted properly in severally liable for and indemnify loss or damage accordance with the foregoing provisions, the carrier shall not h* caused by the «mvm°n' of expmo`vva, uune°,ouo o, ouzo,uvvu yvvuu. |iabl*, and such claims may not be paid. without giving prior written notice to the uan*, of their nature. At the (b) The carrier shall heve�hefu|| bonefitofenyineunenoetha�nmy diaum1ionofthe canio�any such goods may bewarehoused anyour and the have been effected upon or on account of the pmpony in the owner's risk and expense nrdostmyedwithout compensation. event that the carrier is liable for |oaa of or damage to the Section Freight Charges and Payment Property. (o) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate inwhUng in the space provided for Except ~| agreed in h| by the parties mthis bill oflading, the that purpose onthe face o(this bill oflading that the carrier shall not maked|| without requiring paymentof such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being or diverted to a location other than the location forward said Property ~ any carrier or route between the point of shipmentreconsigned mom/nedmmoon0/na/mom lading, n�/uo/�mnfor such '`~ ~ und�epo��ofdoodn��n � ' additional charges. The respective liability of you and the Section RemponmibiUtyfor Property consignee for additional charges provided for herein shall be (u) |/ the Property ionot removed oythe party entitled mreceive it pursuant tn4gU.G.C.013700. within the'free timeallowed by tariffs or classifications(b) Nothing inthis bill oflading shall limit the right ofthe ni to m.wm. the .mu s based, p"^' """ time to be.,computed, as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of -the shipment. If upon inspection the carrier determines that the arrival c4the Property at the destination or at the port of export articles shipped are no, those described inthis bill oflading, the (if intended for vxpv.v.The carrier, ./. its discretion, may store the freight charges must hepaid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section Effect ofShipper Signature delivery or other available place, ny at the cost ofthe owner. The stored Property will besubject \oa|ienforuUfnsighLandothor |fthis bill oflading isissued onthe order of the shipper, orhis agent, in lawful charges, including ammoonable charge for storage. The mchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall bothat ofawarehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election ^^~`'~~r`~~~~ ^~~~~~~v'~~^- "^~`' '`'~` ~ (8 i ofcommon law orbill oflading HabUdXinorinconnection o�thsuch phorbill refused by U said vf|adin shall beconsidered opa�o(this bill oflading unfully eaifthe same consignee� partyof were rino�ne�n ��.��bV| �h��g, days after no arrival shall have been duly Section Transport by Water carrier may sell the Property at public auction to the highest !fall orany part o[the Property incarried byWater over any part ofsaid route, bidder, a1such place aamay bedesignated bythe carrier. Prior and any loss ofordamage 0othe Property whi|o]tis, i the toany such ea|a, the carrier shall use unmmam|a|iy reasonable the carrier providing the waterua,rivg* the |ieUU|ty of such carrier shall be efforts in notify you that the Property has been refused or determined by that carrier's bi|l of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by-waier. Such water Carriage shall be performed Subject tosale under the terms nfthe bill oflading \fYou donot subject tnall ofthe terms and provisions al, and all the exemptions from arrange for analternative diopoy\Uoo. liability contained inthe Hai -ter Act nrthe Carriage ofGoods BySea Act, aa applicable. a ,tH1SrS,H1PPING ORDER mu'sfbelCarrb n,andrtitle d etain in dtbytheiAgentencil,orn Indeible 'in ALCHEM, iNC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. r)ATF t'14120,08 TO: lI ID,JSTRiAL_ & AGRiC CI-iEMiC,c5,1_S, INC FROM: CONSIGNEE SHIPPER �y`I a^t �, J AL,.`.e -M, INC STREET 2042 BUIE PHLADELPHiUS RD STREET u 13 5 RC D I R D RED SPRINGS, IBC 28377 ROCt6VVELL, NC 28-138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 10-8 3- 'I ? Q�)2001 550 0 7 3r 2.51TONS OF BAUXITE SAND I C rt'tt�ise3ly I_ at1�153i_�vU GROSS: 75,300 TARE: 30,300 NET: 45,000 Remit COD to: Subject o Section r of conditions, if this COD FEES shipment is to be delivered to the consignee COD AI IT �,I,.1 without recourse on the consignor, the consignor I V i Address: shall sign the following statement: Prepaid ❑ }, a The carrier shall not make delivery of this City: State: Zip: shipment without payment of freight and all other Collect❑ lawful charges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the i yy, TOTAL CHARGES: FREIGHT CHARGES• agreed or declared value of the property. The agreed or declared value of the property is hereby tTl; 1 7 ,qA_ specifically stated by the shipper to be not exceeding $ Per I (Signature of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise is deliver to another carrier on the route to said destination. It Is mutually agreed as to each carrier of all or any of said Property over all'or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted 10 himself and hi: assigns. �j ;i NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B).ij This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, an d---'- are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: C(J � i�'-i �d OLCC i-T PER: ;—�.�tm'�.� i�'t' GRAHAM Pn6 ,y ,l cann DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). lillff� Agent must detach and retain this Shipping Order 211-BLC-03 12267 and must sign the Original Bill of Lading. By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, In its discretion, to, prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in the carrier shall use commercially reasonable efforts to notify you of 'the refusal of the Property or -the failure to receive it, and delivery of the Property: request instructions regarding disposition of the Property. (i) caused by an act of God, the public enemy, the authority of (d) If the procedure described in subsection (b) and (c) is not law, or any act or default by you and/or the owner of the commercially reasonable, the carrier may,' at its option, sell the Property, or for natural shrinkage._ Property under such circumstances and in such manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and. of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has (f) If you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed there is no regularly appointed freight agent, the carrier shall not upon in writing as the released value of the Property as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the, rate is location after the Property has been unloaded at such location. based, such lower value plus freight charges if paid shall be the Section b Valuable items maximum amount to be recovered, whether or not such loss or damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make. delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for delivery has elapsed. All causes of endorsed on this bill of lading. action must be instituted within two years following the date when written notice is given by,the carrier to you that the carrier has Section 6 Joint Liability for Hazardous Goods disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property in the owner's risk and expense or destroyed without compensation, event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method at` Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon . (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment, if upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a part of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or made in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property at public auction to the highest If all or any part of the Property is carried by water over any part of said route, bidder, at such place as may be designated by the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition, liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. 0 Copyright 2004 J. J. KELL ER & ASSOCIATES, INC., Neenah, wi • USA • (800) 327-6868 • www.iike,leccom • Printed in the United States ,a TI'i IS 'S II P PI NG ORDER must be legibly filled in, in Ink, In Indelible Pencil, or in carbon, and retained by the Agent. i ,LCHEM, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. HATE r'I uf201 8 TO: INDUSTRIAL & AGIRIC CHEMICALS, INC FROM: CONSIGNEE SHIPPER .AI_CI-iEIVi, INC STREET 2042 DUIE PHILADELPHIUIS RCS STREET 3-137 RED RID RED SPRINGS, NC 20377 r?C_)CKWELL, NC 2313 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE I VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-643-2121 I 1 062.0^ l 550 t3131- 51TONS OF BAUXITE SAND Cer;rirwv+o fe�95m_A1S:� t� j 3. '-7 13 'C Gi='.0S8: 7 ,,30C. TARE: 30,300 NE: T : 4 "'J,000 Remit COD to: Subject o Section r of conditions, it this COD FEE: shipment is to be delivered to the consignee cO D n n �q T• A,.1,,I without recourse an the consignor, the consignor HIV' 1 ddress: shall sign the following statement: Prepaid ❑ City: State: Zip:shipment The carrier payll not makegdelivery of this ul chwithout payment of freight and all other Collect ❑ $ lawful charges. �P NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the /s1 TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby 4 4'/y specifically stated by the shipper to be not exceeding $ Per f (signature of conslgnor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, o�otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted,for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and' are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER:/ ' _ f/� SHIPPER: ALCHEM, it --,IC CARRIER: ALCI-'IEM, INC.. � PER: ROD[ ;_�T VVOL riiT ? PER: T E,R'R'Y' G:;„AH.AM H 16/2008 onn n•f.� Horn DATE: EMERGENCY RESPONSE v V l Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation.(172.604). (,ff� Agent must detach and retain this Shipping Order and must sign the Original Bill of Lading. Ill-BLC-03 12267 TERMS AND CONDITIONSO By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee of "Property"), you agree to all of the terms of this bill of lading, party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee ur party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and delivery of the Property: request instructions regarding disposition of the Property. (i) caused by an act of God, the public enemy, the authority of (d) If the procedure described In subsection (b) and (c) is not law, or any act or default by you and/or the owner of the commercially reasonable, the carrier may, at its option, sell the Property, or for natural shrinkage. Property under such circumstances and in such manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from; riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the sable requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, Such balance shall be paid to the owner of the Property written agreement between the carrier and you, In all cases not sold hereunder. prohibited by law, where a lower value than actual value has (f) if you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed there is no regularly appointed freight agent, the carrier shall not upon in writing as the released value of the Property as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate is location after the Property has been unloaded at such location. based, such lower value plus freight charges if paid shall be the Section 5 Valuable Iterns maximum amount to be recovered, whether or not such loss or (a) The carrier's liability in connection with the Property is limited to damage occurs from negligence. the lesser of the amount of your actual damages or the declared Section 2 Filing of Claims value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for delivery has elapsed. All causes of endorsed on this bill of lading. action must be instituted within two years following the date when Secticn 6 joint Liabilityfor Hazardous Goods written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the You, and if you are an agent; an,y owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any Such goods may be warehoused at your and the have been effected upon or on account of the Property in; the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shaft have the right in case of physical necessity to erroneous 'information that results in le shipment being forward said Property by any carrier or route between the point of shipment recprovide a location other than the location i d or diverted bill dentified in the original bil( of lading, you shall be liable for such identified and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other if this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a part of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or made in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property at public auction to the highest If all or any part of the Property is carried by water over any part of said route; bidder, at such place as may be designated by the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, Wt • USA • (800) 327-6868 • www.jlkelleccem • Printed in the United States ,THIS.-SHiPPING ORDER mustbeicarti n,andretain dtbythelAgentencil,orin' ALCHEM, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. 1 PI 8/20108 DATE TO: VIDU STRIAE & A.GRIC CHEMICAILS, INC FROM: CONSIGNEE SHIPPER AL'CtHEEM,NC 2042 BUIE PHILADELPHItJS RD F3135 RED RD STREET STREET RED SPRINGS, NC 28377 ROCKWEL.L , NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 510-843-2121 062007 550 073F �. Weight Class Number and Type of Packages HM Description of Articles r(subject to correction or Rate ' '2.8 IONS OF BAUXITE SAND ,j � t;eatifs�dt� —1 LAfiisflfw 6� j GROSS' '15,300 T P FEE: 30;300 NET' 45,006 Remit COD to: Subject Section of conditions, if this COD FEE: Address: shipment is to be delivered to the consignee o r without recourse on the consignor, the consignor shall sign the following statement: COD AMT: ' Prepaid ❑ Clt!, State: Zi 7 p: The carrier shall not make delivery of this shipment without payment of freight and all other lawful charges. c ,tn I. i7 _ Collect ❑ FREIGHT CHARGES' NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the, declared the The declared the is hereby TOTAL CHARGES: agreed or value of property. agreed or value of property $ J (Signature,of"Consignor) specifically stated by the shipper to be not exceeding $ Per ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: . AL CHEM, INC ALCHEIV" INC SHIPPER: CARRIER: PER: ROE) ER I )NOLCC`❑ PER: TEERRY GRAHPdV! 1 /18f2 38 Q.rin A"n c Zrtn DATE: EMERGENCY RESPONSE v a v v W Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( including storage incidental to transportation (172.604). (.. Agent must detach and retain this Shipping Order ?11-BLC-03 12267 and must sign the Original Bill of Lading. By giving the carrier the property described in this bill o/ lading (the ^Property").you agree to all of the terms of this bill of lading. Section Limitations cfLiability (a)The carrier or partyinpossession ofthe Property shall haliable as at common law for loss of or damage to such Property, except ushereinafter provided. (b) The carrier shall not be liable for loss of, damage mordelay in delivery ofthe Property: (i) caused by an act of God, the public enemy, the authority of |mm or any act or default by you and/or the, owner ofthe Property, orfor natural shrinkage. (ii) occurring while the Property iostopped and held intransit at your request orthat ofany other party entitled vomake such naquoa/. (III) resulting from adefect o,vice inthe Property, orfrom riots nr strikes. . (c) To the extent permitted under the Cammdh Amondment, the liability of the carrier for the Property may be limited toavalue established by written or electronic declaration by you or by written agreement between the carrier and you. |nall cases not prohibited bylaw, where e(owe/value than actual value has been represented in writing bythe shipper orhas been agreed upon in writing as the released value of the Property as determined by the classification ortariffs upon which the rate. io based, such lower value plus freight charges ifpaid,nho|!be�n maximum amount to be recovered, whether ornot such luem or damage occurs from negligence. Section Filing of Claims (e) Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this �ill ofJedin8 within nine months after delivery ofthe Property (or,in case of export traffic, within nine months after delivery ot port ofexport) in case of failure to make delivery,then within i nth after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (W The carrier shall have the full benefit of any insurance that may have been effected upon or on account ofthe Property inthe event that the oon|or is liable for |oao of or damage to the pmpouy. Section Method ofTransportation Except as expresslagreed in writingby the ua to this bill u,lading, the carrier is otbound Ntransport thProperty by Uo|motor hide or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section Responsibility for Property V$ If the Property is not removed by the partyenUUeV to receive it -within the free time allowed bytariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving- party of the arrival of the Property at the destination or at the port of export ad for export).discretion, Property in a public or licensed warehouse at the place of delivery or other available place, at the t of the Tk(5 stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property i's refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by -the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. ��������������� , ~~=~~.~~..�~~.~~~~. M If the m�o by the consignee party entitled to receive it at the destination louahon, or said consignee or party anhUad to receive it shall hd| to moeiwa it promptly, the carrier, may, in its discretion, to prevent deterioration nrfurther deterioration, sell the same \uthe best advantage at private or public| Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property. k4 if the procedure described in. subsection (b) and (c) is not commercially reasonable, the carrier may, euits option, sell the Property under such circumstances and in�3uohmanner aomay Ueauthorized bylaw, (o) The carrier shall apply the proceeds of any saled d this section tothe payment of freight, dernurrage, storage, d any other lawful charges and the expense ofnotice, advertisement, oa|o, and other necessary expohma and of caring for and maintaining the Property, ifproper care ofthe same requires special expense. If following payment ofthe preceding there is a balance, such balance shall bepaid tothe owner nrthe Property sold hereunder. (8 |iyou direct the carrier /odeliver the Property tmalocation where there ianoregularly. appointed'i*sighoagent, the carrier shall not be liable for any |oaa ordamage m Property occurring at such location after the Property has been unloaded at such location. Section Valuable Items (e)The carrier's liability inconnection with the Property islimited tn the lesser ofthe amount oxyour actual damages urthe declared value stipulated bythe carrier onthe face nfthis bill oflading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie,for rU| of extraordinary valuespecifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section Joint Liability for Hazardous Goods You, and if you are an agent, of the Property, shall bejoint and severally liable for and indemnify the carrier against all |ooa or demmQo caused by the shipment of explosives, dangerous or hazardous goods, without giving prior.written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section Freight Charges and Payment (a)You are primarily responsible for the freight and all other lawful che/goe, unless you stipulate in writing in the upeoo provided for that purpose onthe face ofthis bill orlading that the carrier shall not makede|km without requiring paymentofsuch charges d the carrier makes delivery without requiring such payment. If you provide erroneous information that results in 1he shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (b) Nothing in this bill of lading shall limit the right of the carrier to requirethe prepayment or guaranteeof charges at time of _ shipment. If upon inspection the carrier determines that the orbdep shipped are not those d000hbad in this bill of lading, the freight charges must hopaid upon the articles actually shipped. Section REffect «dShipper Signature If this bill of lading in issued on the order ofthe shipper, or his egem, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law orbill of lading |iabi|ity, inorin connection with such prior bill or lading, shall beconsidered apart *fthis bill oflading aafully amif the same were written ormade innrinconnection with this.biUoflading. Section Transport byWater If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier's bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of 'the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as (t)Copyright 20v ^J.xsLLsnxASSOCIATES, ��,Neenah, vw`USA '(8o0)o27-6vm~==JjVu*c=m^Printed * the United States TH����HIPPING ORDER mustlbelegiblyfilled in,inInk, InIndelible Pencil, orin;, SHIPPER NO. v Carbon, and retained by the Agent. CARRIER NO A! (-HP:AA I NII:^ DATE `I M 7 /?nOP,, ;ARRIER SCAC CONSIGNEE INDUSTRIAL &. AGRIC CHEMICALS, INC FROM SHIPPER STREET 2042" SUIE PHIL ADrLPHIUS RD STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ORIGIN ALCHEN1, INC 8135 RED RID STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 9'10-843-2121 001),001 00 ?"T3 ..5 TONS OF EtAUXITE SAND A > ' ( d;e3"Qfttel3t� GROSS:-5,300 TARE: .30,300 NET.- . 45,000 /.:. 3. 66 ,(0 /3GC Remit COD to: Subject to Section 7 of conditions, if this COD FEE: ,.,I,.,I shipment is to be delivered to the on. C0� AMT: Address: shall ut sign course on the the following statemnt consignor, the consignor shall sign Prepaid ❑ The carrier shall not make delivery of this ' City: State: Zip:, shipment without payment of freight and all other Collect ❑ lawful charges. Co $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the , TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby tpy,±ate �qd specifically stated by the shipper to be not exceeding $ Per / (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carder and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicatec below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hie assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and — 7 r?Y are in proper condition for transportation according to the applicable regulations of the Department of Transportation i_CHEM INCI A1_.CHEN IfvC. SHIPPER: . CARRIER: ,i PER: ROBERT VVOL.CO17 PER: TERRY GR'AI-A Rflrl DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). (,ff. Agent must detach and retain this Shipping Order /J and must sign the Original Bill of Lading. LC-03 12267 L/ TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property,'), you agree to all of the terms of this bill of lading. party entitled to receive it at Lne destination location. or said Sections 2 Urnitations of Liability consignee or party entitled to receive it shall fail to receive it (a) The carrier or party in possession of the Property shall be liable promptly, the carrier, may, in its discretion, to prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the sarne to.the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for lass of, damage to or delay in the carrier shall use commercially reasonable efforts to notify youof the refusal of the Property or the failure to receive it, and delivery of the Property: request instructions regarding disposition of the Property. (i) caused by an act of God, the public enemy,'the authority of (d) if the procedure described in subsection (b) and (c) is riot law, or any act or default by you and/or the owner of the commercially reasonable, the carrier may, at its option, sell the Property, or for natural shrinkage. Property under such circumstances and in such.manner as may (5) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier sPra!I apply the proceeds of any sale made under this request. section to the payrnent of freight. dernurrage, storage, and any (ill) resulting from a defect or vice in the Property, or from riots or other lawful charges and the expense of notice, advertisement, strikes. sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense, if following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you, In all cases not sold hereunder, prohibited by law, where a lower value than actual value has (f) If you direct the carrier to deliver the Property to a location where been represented in writing by the shipper or has been agreed mere is no regularly appointed freight agent, the carrier shall not upon in writing as the released value of the Property as be, liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate is location after the Property has been unloaded at such location, based, such lower value plus freight charges if paid shall be the Section 5 Valuable items maximum amount to be recovered, whether or not such loss or (a) The carrier's liability in connection with the Property is limited to damage occurs from negligence. Section 2 Filing of (aims the lesser of the amount of your actual damages or the declared value, stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to the Property any freight charges paid by you. must be filed in writing with the carrier issuing this bill of lading (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a saeciai or, in case of failure to make delivery, then within nine months agreement to do so and a stipulated value of the articles are after a reasonable time for delivery has elapsed. All causes of endorsed on this bill of lading. action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has Section 6 Joint Liability for Hazardous Goods disallowed the claim or envy part or parts thereof specified m the YOU, and if you are art agent, anv owner of .he Property, shall be joint and notice. It' your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such roods may be warehoused at your and the have been effected upon or on account of the Property in the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Sections 7 Freight Charges aria Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier mai.es delivery„ ithout requiring such pays sent. !f you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in t shipment being forward said Property by any carrier or route between the point of shipment identified i d or diverted to f location other than the location and the point of destination. dentified in the original bill of lading, You shall be liable for such Section Responsibility far Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. 9 -13706. within the free time allowed by tariffs or classifications upon (b) Nothing In this bill of lading shall linnit the right. of the carrier to which the rate is based, (such free time to be computed as t �tv therein provided), the carrier may notify the receiving party of the require the prepayments or guarantee of charges at time of Shipment. 1f upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be -,id upon the articles actually shipped. Property in a public; or licensed warehouse at the place of g Shipper p._ p I p" delivery or other available place, at the cost of the owner. The Section Effect of Lhippvr Signature stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution far another bill of lading, the shipper's signature -carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the party entitled to receive it, or said of lading, shall be considered a par' of this bill of lading as fully as if the same consignee or party entitled to receive it fails to receive it within 15 were written or rtadc in or in connection with this bill of lading. days after notice of arrival shall have been duly sent or givers, the Section 9 Transport by Water carrier may sell the Property at public auction to the highest if all or any part of the Property is carried by sinter over any part of said route, bidder, at such place as may be designated by the carrier. Prior and any loss of or damage to the Property occurs while' it is in the custody of to any such sale, the carrier shall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carrier's bill of lading and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation by water. Such water carriage shall be perforrrned subject to sale under the terms of the bill of lading if you do not subject to all of the terms and urovislons of, and all the exemptions from arrange for an alternative disposition, liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. 0 Copyrigh', 2004 J. J. KEL.LE R & ASSOCIATES, INC., Neenah. t'JI • USA . (800) 327-6868 ^ vAvmJjke!ler.cun; , Pdf ted in 'he United Stales ��7 THlS_ HIPPING ORDER must belegiblyfilled in, irrink,inIndelible Pencil, orin k,.'s ,_ Carbon, and retained by the Agent. ;ARRIER SCAC SHIPPER NO. CARRIER NO. nATF CONSIGNEE l�JDUSTPIA! &,�G'RICCHE�riiGAL , 1NC SROM ALCHEM, INC STREET 2042 BUIE PHILADELI:'HIUS RD STREET 81:35 RED RD FRED SPRINGS, NC 2837F ROCKWEL_L, PAC 228';38 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 97 0-843-212 1 06200 7 550 073'r 5 III' NS OF BAUXITE SAND '4 : S', 7 Remit COD to: Address: City: State: Zip: NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. The agreed or declared value of the property is hereby t;erl�&1-s+aAr— � �;�saraasi= Lfa I GROSS: 751300 ARE: 30,300 NET: ^5,000 Subject to Section 7 of conditions, if this COD FEE shipment is to be delivered to the consignee®® AMT: ' Without recourse on the consignor; the consignor shall sign the following statement: Prepaid The carrier shall not make delivery of this shipment without payment of freight and all other Collect Q lawful charge `h at _.' f 0 TOTAL CHARGES: rlo1=t1`11UT 1%L specifically stated by the shipper to be not exceeding $ Per , I p (Signature of consignor) z!) I LJ Prepaid LJ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise is deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that evert service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the. back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. i NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B).f' This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and�� are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: A!_ClYIE�r1 INC CARRIER: :"'�,LCHEi\/1, iNC. PER: R0-3ER"T1_ WOLCOTT PER: "I"ERRY GRAHAM 112112i..if8 onn. nn., r.nn;�, DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( ) including storage incidental to transportation (172.604). (� Agent must detach and retain this Shipping Order ?11-BLC 03 12267 [�j�) and must sign the Original Bill of Lading. TERMS AND CONDITIONS By giving the carrier the property described in this Wi| of lading (the (c) xthe Property is perishable arid /srefused by the consignee or' ^pmpoMyl.you agree mall n/the terms oithis bill oflading. party entilded to receive ill at m* destination location, or said Section 1 Limitations ofLiability consignee or party enuuaU to eoe|wa it shall fail to mcoimo it (e) The carrier or'- tyinpossession of the Property shall beliable pmmpUy' the carrier' may, in �ts discretion, to prevent as at common for any of or to such p mpeny deterioration or further dateh'on~inm' sn||the nameto the boat except as hereinafter provided. advantage at ~�hva� � u�� } Prioroo |U theProperty, y4 The carrier shall not be liable for loss of, damage to or delay in ou -- carrier --shall -' -----' reasonable - efforts- - '-' '- of the rolusa| of the Property or the failure to receive it, and delivery ofthe Property: request instructions regarding disposition ofthe Property (V caused by anact ofGod�o���onm t� ' ''»^ authority"(d) /f the procedure described in oubneotion (b) and is no, |mm or any em or default by you and"br the owner ofthe � commercially able, dno-oarhormay at8nophon`seUthe Pmper�.mvkxnmbn�ohhnkage. p ncumetanoasand i^such manneraamay (iV occurring while the Property isstopped and held iotransit at beauthorized bylaw. your request nrthat ofany other party entitled 1nmake such (o) The carrier mkoUapply the moo oaofenyva|emedeundo/thio request. section to the payment n/'*eigh'. domurmge, a,nnage, and any (iii)resulting from adefect orvice inthe Property, orfrom riots o/ other lawful charges and ilia expense ofnotice, advertisement. strikes. ou|o, and other necessary expense and of caring for and k1 To the extent ponnNeU under the Cannad' Amendmem, the maintaining the Pmporty, if proper carp of the same requires liability o(the carrier for the Property may belimited tnavalue special expense. |ffollowing payment ofthe preceding there ise established by written or electronic declaration by you or by balance, such balance shall bepaid tothe owner ofthe Property written agreement between the carrier and you. In all oouea not sold hereunder. prohibited by |mm whore a |nw*/ value than actual value has (f) |/ you direct "hocarrier todeliver the Properly tloca/ion where been represented in writing by the Shipper or has been agreed there is no regularly eppo|nlleg-f/eightagent, /kecarrier shall not upon in writing as the released value of the Property as be iiau|n for any loss o,damage m P,openy occurring at such determined by the classification or tariffs upon which the raw is location after the Property has been unloaded at such location, based, such lower value plus freight charges Upaid Shall bethe Section Valuable items maximum amount to be naoovered, whether or not such !noo or Thaour,ior's||aUi|ity inconnection with the Property is limited to damage occurs from negligence.(a) the lesser ofthe omountn|your actual dameOeoo,the declared Section 2Filing of Claims value stipulated bythe carrier onthe face o/this bill oflading plus (e) Claims against the carrier for loss ofo,damage tothe, Property any fneigh\charges paid hyyou. must be filed in writing with the carrier issuing this b.iU of lading b) The carrier shall not be liableliable - in for'documents, �not within nine months ukerdelivery ��flha pmPenY-(oc incase �� ` spaoi», n,mrany arUo!eanf extraordinary value Specifically export u��o within nine mon�mo�erdeHv*rympn�n r��tenfexPoin the published classifications ormhDs un'*oo- speci� or. in case of failure to make delivery,�e within i mon�a --- agreement to do so value arc aftera^"a",'a°= time for delivery has elapsed. All causes "' endorsed onthis b0oflading. ao�onmmubeina�� instituted within wv �d�� hnyoo�ng�oda�when Section Joint LiahU�y�rHazmmdmmsGoods written notice is given by the carrier to you that the carrier has disallowed the claim orany part o,parts thereof specified in the You, and i/ you are an agent, wiv owner of 1he Property, shall be ] im and notice. |fyour claim or action is no/D|ed or instituted properly in severally liable for d indernnify the i i st all loss or damage accordance with the foregoing provisions, the carrier shall not bo caused by the Shipment of explosives, dangerous or hazardous goods, liable, and such claims may not bepaid, w|U`nu1 giving priorwritten notice to ilia carrier of \ho|, nature. Atthe (b) The carrier shall have the full benefit ofany insurance ihoumay discretion nfthe carrier, any such goodsmaybe. warehoused atyour arid the have been effected upon or on account of the Property in the owner's risk arid expense nrdestroyed *ilhoutoompanaahon. event that the ueniar is liable for loss of or damage to the Section 7 Freight Charges and Payment Pmpnny, V$ You are primarily responsible, orthe inaightand all mherkrafu| Section Method mfTransportation charges, unless you stipulate inwriting inthe space. provided for Except aoexpressly agreed mwriting ' � �» u t �m bm`�|admg the that pv,pnseonthe 'ace uf tabiUn/lacing that the oerh*ro|�u|| carrier mtransport �the particular mmorvehicle. notmakodelivery withoutne i| payment of such charges arid in time �x a --�* -mtenw-' �a' with muoona�o the carrie' ^~``~~~~~'/ `'~'`~^'~"~^^g~~~''n, , --�ou�r dispatch. The- carrier -shall - have -'������ '---` - provide n�un�nus information �a results in m:smpmomb�ng - -`--- forward said - n��p���a�pma� renpnsiOn:g o, diverted to a location other than the location `omrriermmutebetwe und�epo�\ofdosbn��n� �pnU§ed��n �im��Uo/�dio shaUbmUxb�k`,auch ~~' w',~~ Section Responsibility for Property additional rMe~-. Therespective - '' '-� end the consignee for additional charges provnedfor heroin shall be (a) If the Property is not removed by the partyentitled m receive U pursuant m4g U.S.C.D 13708. within the free time allowed by tariffs o, classifications upon (' Nothing in bill q� lading shall limit the right of the oar,|ortm which the rate in based, �uoh free time to be computed as require the' pmpaymom or gua,anteo of charges at time of "='e'p""i"""/'=^""="�r°"'x='"^�,�p� """ �this Shipment, !f ��inspection the carrier determines that the arrival nfthe ''"p� articles shipped are not those described in this bill of lading, the (if intended for export), The carrier, in its discretion, may store the freight charges mus�bops�upon �e��n�saumaU shipped.Prop--` in - public- - licensed warehouse--- at '- place� - - Section 8 E�ctcfShipper Sigsalune delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien fOr all freight and other K this WU of lading is issued on the order of �e Shipper, or his a � i lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of ding, the shipper's Signature carrier's responsibility shall be that of a warehouseman only. to the plior bill of lading as to the Statement of value or otherwise, or election ----,-`,-'�� (b) Except as -`'-- -'-� - of ~~^' ^'~^~~~ bill of '~~»' ^'x'~~'^^'`in co^wit h '^'~~~'p^~ ~''' ,�-�--`-'- � ��oodbyoonsgnoeorVmpanyen��dtomoe�ei� orlading,~~''u~~'~'' ofokaUbe�ons�*ed�pu�o/��b0���d ea��euame consignee oqparty en�|edto�cekmitfails 1o�ue�eitwithin 15 w*ewh�enormageinorinconnnoUnn�iUh�hietii|o(!a�ing . days after notice ofarrival shall have beer. duly sent n,given, the Section Transport by Water carrier may aaU the Property at public auction to the highest |( all vrany part ofthe Property inua,/iedbywater over any part ofsaid route, bidder, at such place as may be designated by the canioc Prior and any loss of or damage to the, P hile it is in the amdof tnany such sale, the carrier shall usecomme,oia|!y reasonable trieoarhor providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined bythat carrier's bill of lading and by the laws and regulations remains uno|aimed, as the case may be, and that it will be applicable to transportation by water. Such walar carriage shall be performed subject tosale under the terms of the bill of lading if YOU do not subject to all of 'the terms and provisions of, and all the exemptions from arrange for enalternative disposition. liability contained inthe HannrAct or'he Carriage ofGoods BySea Act. aa applicable. ALCHEM NOTES by Ellen Huffman 11/16//07 — Jeff Sigmon (ex -employee, ALCHEM) calls MRO to report recent undocumented spills of Alum product and sulfuric acid, on alchem property 11/16/07 — called Jeff Sigmon back. He was fired from ALCHEM two days prior to calling us. He stated: • new management in place, Jason and Bob form NJ. • he had contacted OSHA (Jerry Barker) • seen dead dogs in neighborhood • spill from lagoon #1 lagoon and reactor spill, both last week after heavy rain and not reported. Trent (alchem employee) told him to patch up flow as much as possible. Flow went directly to creek. No clean up was done. • valve broke about 4 months ago, spilling up 20,000 gals. of acid. All went into ground. • 15,000 gals of (alum) product was spilled8-9 weeks ago. Randall saw this. • 15 loads of "sand" has been trucked off of property. • pump line hooked to (placed in) lagoon #3 and acid water was pumped into stormwater basin. • flushed sand into lagoon (stormwater) area • He wanted to meet with us. We made an appt. to visit him on 11/19/2007.206 Crescent St., Rockwell, NC. 11/19/07 — Visit with Jeff Sigmon. Showed Jeff a map of ALCHEM and he pointed out spill areas. • Alum spill — product ran south of plant. • Acid spill — surrounding acid tank area. no excavation some lime placed on top. Happened about a year ago. 1/24/08 - Phone message (in AM) from Wayne Drye. Please call me at 704/223-5295. Returned call on 1- 24-2008. Speaker conference call included Andrew Pitner, Peggy Finley and Ellen Huffman. Wayne informed us that: • he was asked to hire some folks from New Jersey - Bob, Jason, and dad. • he was told to apply for disability on Dec. 20, 2007 • he and Phyllis were asked to leave on December 21, 2007 • Spent bauxite sand from ALCHEM has been disposed of at a site near Denton, NC. • go hwy 109 out of Denton, NC, .2 miles to Tom's Creek Church Road, turn rt. go .1 miles to pansy -properties. Piles are stockpiled in fields. On 1/25/2008 Peggy Finley visited the alleged dumpsite and found 27 +/- piles of ALCHEM sand. Photos on G drive. 1/25/2008 — Ellen Huffman called Wayne to ask for some truck details. Wayne informed me that: • The truck is owned by ALCHEM. The truck number is either 311 or 312. • The truck driver is an ALCHEM employee. • The truck driver is Bob's wife's sister's boyfriend. • The sand came from lagoon #2. • sand was also taken to a site near Lumberton, NC on Hwy 211 near I-95 (at Tara Group, a business owned by Randall Andrews' sister) 02/ 08/2008 — Peggy receives a call from on . He has land with a big ditch on it. Has friend who can deliver sand from a chemical company, ALCHEM. He was given a copy of some analyses and wants to know if it is ok to put on his land. 02/15/08 — Wayne calls Ellen and asks if DENR can go after him and take his house for clean up. When asked why he was asking, he said that Bob told him that we (DENR) would go after him if he talked too much. Wayne also offered information on Bob and Jason regarding a background check that was done during the hiring process for the ALCHEM position. It seems that Bob has 14 leans against him and Jason has 4 leans against him. Wayne submitted this information to Randall Andrews and questioned the wisdom of hiring them. Toms Creek Church Rd, Denton, NC 27239, USA - Google Maps Page 1 of 1 Address Get Google Maps on your phone 0 081, Toms Creek Church Rd Text the word "GMAPS" to 466453 Maps Denton, NC 27239 http://maps. google. com/maps?q=Toms+Creek+Church+Rd,+Denton,+NC+2723 9,+USA&... 1 /24/2008 ,�. r s,`' ��� •,h � �'---'����t .� r- `,. `-^sue' �,`'} ,.� . l '§'_`� .<�-�'i -�� � 2 ,.�- t Rowan County - NC: Landfill Page 1 of 1 HOME VISITING LIVING BUSINESS GOVERNMENT ONLINE SERVICES Landfill Recycling Office Paper Recycling Paint Swap Shop Additional Services REGISTER I LOGIN ISearch ENVIRONMENTAL MANAGEMENT GOVERNMENT v DEPARTMENTS n ENVIRONMENTAL MANAGEMENT n LANDFILL SOLID WASTE LANDFILL 789 Campbell Road Woodleaf, NC 27054 Dire Hours: Monday through Friday - 7:30 to 4:00 Saturday - 8:00 to 2:00 Phone: (704) 278-2211 Fax: (704) 278-3771 WASTES ACCEPTED: n Solid Waste- $32 per ton ($37 Out of County)- Any waste generated by Rowan County residents and businesses. Any large quantities of out -of -county waste accepted must be approved by the Director of Environmental services prior to disposal. No hazardous waste, medical waste, liquids, batteries (automotive) or tires are accepted at Rowan County's landfill. Demolition Waste- $22 per ton ($27 Out of County)- This includes trees, dirt, concrete, asphalt, shingles, wood scraps and other inert debris. No paper, plastic, metal, or other solid wastes are accepted at this rate. Scrap Metal- No charge- This includes appliances such as washers, refrigerators, air conditioners, etc. Tires- No charge- Please call to get approval to drop off tires at the landfill. ALL ITEMS BEING BROUGHT TO THE LANDFILL MUST BE COVERED AND/OR SECURED ON THE VEHICLE BEFORE COMING OR ACCESS WILL BE DENIED. HISTORY The Rowan County Solid Waste Landfill has been in operation since December 1989. It is a 415 ton per day landfill. The landfill has a life expectancy of years at our current disposal rates. The landfill has a clay liner and an HDPE liner. This liner is to protect the groundwater from being contaminated by the solid waste. Any water that collects on the liner is collected and held in a lagoon. It is then pumped to a waste water facility for treatment. The landfill is self-supporting and does not operate from taxes. LANDFILL» RECYCLING » OFFICE PAPER RECYCLING » PAINT SWAP SHOP » ADDITIONAL SERVICES COPYRIGHT 2008 BY ROWAN COUNTY GOVERNMENT (NC) I SITE MAP I TERMS OF USE I PRIVACY STATEMENT u http://www.co.rowan.nc.us/GOVERNMENT/Departments/EnviromnentalManagement/La... 4/21 /2008 ALCHEM, INC. Corporate Office 2042 Buie Philadelphus Road Red Springs, NC 28377 Tel. 9io-843-2121 — 800-522-2944 Fax 910-843-5789 rfa@semr.net June 23, 2008 Mr. Andrew Pitner Regional Environmental Supervisor NCDENR Division of Water Quality Mooresville Regional Office 610 East Center Ave. Suite 301 Mooresville, NC 28115 Dear Mr. Pitner: Sales and Manufacturing 8135 Red Road Rockwell, NC 28138 Tel. 704-279-79o8 — 800-462-2586 Fax 704-279-8418 wolcott_r@yahoo.com pLC�CEOd[E JUN 2 f 2008 NC DENR MRO DWQ -A uifer Protection Thank you for the packet of information that you sent on June 17. This information makes multiple references to a NOV for dumping spent bauxite at an un-permitted location. I would like to inform you that this material is one of our products. I am enclosing a product profile and an MSDS sheet of information. This is one of our products and as such it should not be regulated when used in a beneficial manner. We had located the material there in order to do some trials. In the interest of trying to be cooperative, we had it transported back to our plant site. Should you have any questions please let me know. Best regards, ALCHEM, INC. R4,-.4w Randall F. Andrews, President WTOM ENVIRO- CLEAR Product Profile ALCHEM, Inc. 8135 Red Road. Rockwell, NC 28138 Office: 800-462-2586 (ALUM Office: 704-279-7908 Fax: 704-279-8418 LONG-LASTING LITTER TREATMENT FOR BETTER POULTRY HEALTH AND PRODUCTIVITY ENVIRO-CLEAR improves the total house environment. No other commercial litter treatment holds litter pH as low for as long, especially during the critical early weeks of a growout. ENVIRO-CLEAR suppresses ammonia volatilization, reduces bird stress, and improves litter condition and ventilation programs. It also makes litter .a more effective fertilizer by maintaining nitrogen content and reducing phosphorus runoff when the litter is spread on fields. ENVIRO-CLEAR improves the productivity of broiler, breeder, egg and turkey houses and works in conjunction with all best management practices. It also offers growers a flexible program to help reach litter management, environmental and profitability goals. �..,k..... ._ �..w._._.. , ., ..... _ _. _ , .... _..._...... z�......, ... �_........ .... ,.r . IMPROVED POULTRY OPERATION PERFORMANCE ■Long-lasting pH control in litter and on floors. ENVIRO-CLEAR acidifies litter and floors throughout a growout. It is a buffered acid that resists the rise in pH as manure builds in the litter, holding pH below levels that can stress the birds. ®Low airborne ammonia. ENVIRO-CLEAR consistently outperforms competing litter treatments as a way to prevent high ammonia levels which can have serious impacts on overall poultry health ■Moisture reduction. ENVIRO-CLEAR limits available water in litter which helps control the key condition for ammonia volatilization. ■Less stress on birds. By controlling ammonia, lowering pH and reducing moisture, ENVIRO-CLEAR creates improved poultry house conditions. Studies (available upon request) show that these improved conditions lead to lower mortality and condemnation rates. HOW ENVIRO-CLEAR WORKS ■ Improved productivity. Birds raised on Enviro- Clear treated litter show increased weight gain and feed conversion, improving bird performance ■Higher fertilizer value. ENVIRO-CLEAR improves nitrogen retention in litter. Studies show that available nitrogen (N) in treated litter is up to 90% more than in untreated litter (i.e., 800 lb. N/100 tons of litter, the average amount in a 20,000-bind house). ■ Less phosphorus runoff. Litter treated with ENVIRO-CLEAR is low in soluble phosphorus, minimizing phosphorus runoff from fields, but allowing enough phosphorus uptake so crops are in balance with their nitrogen requirements. ■Ease of application. Apply ENVIRO-CLEAR while your equipment is winched out of the way, along with decaking, top dressing and other out -time activities. Use it for short layouts or up to 7 days before chick or bird placement in dry litter conditions. ENVIRO-CLEAR (aluminum sulfate) is a dry acid salt that neutralizes alkalinity. As a buffered compound (i.e., it resists pH change), itholdstotal litter pH below 5 or 6 for an extended time. Litter surface pH is reduced to 3.5 in the short term. This dramatically retards generation of ammonia, which does not form in significant amounts until pH rises above 7. ENVIRO-CLEAR also reduces available water in the litter through hydrolysis as it is activated. The hydrolysis of aluminum is a series of reactions resulting in a controlled generation of acid. This effect is due to the aluminum present. Each aluminum that hydrolyzes generates ENVIRO- CLEAR Product Profile ALCHEM, Inc. 8135 Red Road. Rockwell, NC 28138 three acid ions, more acid than s^%?th_cnriiiim-.arid._salts acid per pound of ENVIRO CLEAR: _ EASY TO USE Office: 800-462-2586 (ALUM Office: 704-279-7908 Fax: 704-279-8418 that only provide one H+ (acid) ion, so you get more ENVIRO-CLEAR improves producti vith good flock management. The application rate used should match your goals (se; use: P Apply it to decaked litter thre° t— a chick placement, during normal out -times. During short out -times, when extra moi! e it at any time before chick placement. ► Distribute it evenly with a dro, dwer rotary unit or other mechanical spreader. ► For dry litter, leave ENVIRO-C, ��' face. For higher moisture conditions, drag it lightly into the upper half -inch of litter;-.., floor. f y-aur inter is extremela;; ray., CHi M t st be act=iva ed l�rke-any d ace sa Contact ALCHEM for the activation process. 0-Prepare the house as usual to receive chicks. Ventilation need not begin until just before chick or bird placement. T r is RECOMMENDED DOSAGES Control ammonia Reduce pH and moisture Treat strips in warm weather Reduce phosphorus runoff Litter - brood area Litter - whole house Under drinker lines (3 ft wide strips) Whole house Treat floors: for houses with... -Average performance Whole house, dirt pad Poor performance Whole house, dirt pad -Disease problems Whole house, dirt pad V3� AVAILABILITY I av illable- tin WRVI, �c,r s- �s �i, .5Wd�� P ,a r litter older than 1 yr. ) 100 lb. in the strip areas Depends on reduction desired 50 lb. 75 lb. 100 lb. ALL information, statements, data, advice and/or recommendations, including, without limitation, those relating to storage, loading/unloading, piping and transportation (collectively referred to herein as "information") are believed to be accurate and reliable. However, no representation or warranty, express or implied, is made as to its completeness, accuracy, fitness for a particular purpose or any other matter, including, without limitation, that the practice or application of any such information is free of patent infringement or other intellectual property misappropriation. ALCHEM is not engaged in the business of providing technical, operational, engineering or safety information for a fee, and, therefore, any such information provided herein has been furnished as an accommodation and without charge. All information provided herein is intended for use by persons having requisite knowledge, skill and experience in the chemical industry. ALCHEM shall not be responsible or liable for the use, application or implementation of the information provided herein, and all such information is to be used at the risk, and in the sole judgment and discretion, of such persons, their employees, advisors and agents. w.. .xx �r ALCHEM, INC. I-MSDS'lMaterial Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 Enviro-Clear 1. Product Identification PRODUCT NAME: Enviro-Clear OTHER/GENERIC NAMES: None. PRODUCT USE: Agricultural. MANUFACTURER: ALCHEM, INC. 8135 Red Rd. Rockwell, NC 28318 2. Composition/information on Ingredients INGREDIENT NAME CAS NUMBER WEIGHT 19 ,uirr[n!um s hf.* "e 10043-01-3 4-5% tS"xIfa oc a 4i 1 7664-93-9 <5% Uama 14808-60-7 >95% Trace impurities and additional material names not listed above may also appear in Section 15 towards the end of the MSDS. These materials may be listed for local 'Right -To -Know" compliance and for other reasons. OiS° A. :a ®rd Co.rn unicai#on. Stcsnd: 7c ; This product is copsis�er d ha aus under the OSHA Hazard Communication Standard. 3. Hazards Identification EMERGENCY OVERVIEW:' A tanY or brown mixed granular product with the appearance of sand, with a negligible degree of odor. Can cause severe skin and eye irritation. Not flammable, but may release toxic vapors if decomposed in a fire. POTENTIAL HEALTH HAZARDS SKIN: May cause severe skin irritation. EYES: May irritate or burn the eyes. INHALATION: Product dust may cause irritation to the respiratory tract. INGESTION: May irritate or burn the gastrointestinal tract. DELAYED EFFECTS: None known. Ingredients found on one of the three OSHA designated carcinogen lists are listed below. c+�ltN R-ED,RNT-NAME TTtPIS� AA�TLU.,S3iP--l'R7C�4SiT7a,Tic_SAS"W-4I"S'T Sulfuric aci(occupational exposures to strong inorganic acid mists containing sulfuric acid) Page 1 of 6 ALCHEM, INC. I'MSDS Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 Listed Group 1 4. First Aid Measures SKIN: Flush with plenty of water, removing contaminated clothing. If irritation develops, get medical attention. EYES: Immediately flush with water, continuing for at least 15 minutes. Get immediate medical assistance. INHALATION: Promptly remove to fresh air. INGESTION: If conscious, immediately give large quantity of water or milk. Do not induce vomiting. Get immediate medical assistance. ADVICE TO PHYSICIAN: Treat symptomatically. 5. Fire Fighting Measures FLAMMABLE PROPERTIES FLASH POINT: Not flammable FLASH POINT METHOD: Not applicable AUTOIGNITION TEMPERATURE: Not applicable UPPER FLAME LIMIT (volume % in air): Not applicable LOWER FLAME LIMIT (volume % in air): Not applicable FLAME PROPAGATION RATE (solids): Not applicable OSHA FLAMMABILITY CLASS: Not applicable EXTINGUISHING MEDIA: Product is not flammable. Use any extinguishing agent suitable for surrounding fire. UNUSUAL FIRE AND EXPLOSION HAZARDS: None. SPECIAL FIRE FIGHTING PRECAUTIONS/INSTRUCTIONS: Use self-contained breathing apparatus. Use water spray to keep containers cool. Aa�identerl Raises M mod.ds,urls IN CASE OF SPILL OR OTHER RELEASE: (See section 8 for recommended personal protective quipment.) an)ILme�sjdu�e=uvi--h ali ali such as soda ash, lime or limestone. Adequate ventilation is required if soda ash or limestone is used, because of the consequent release of carbon dioxide gas. Large spills: dike up with soda ash and neutralize as above. Collect material and/or residue and dispose of in accordance with applicable regulations. Spills and releases may have to be reported to Federal and/or local authorities. See Section 15 regarding reporting requirements. 7. Handling and Storage Page 2 of 6 ALC MS®S Material Safety Data Sheet 813 HRed Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 NORMAL HANDLING: (See section 8 for recommended personal protective equipment.) Avoid contact with skin, eyes and clothing. Do not breathe product mists. STORAGE RECOMMENDATIONS: Store in a cool area. 8. Exposure Controls/Personal Protection ENGINEERING CONTROLS: Use local exhaust if misting is anticipated. PERSONAL PROTECTIVE EQUIPMENT ETf�NP'C ear impervious (e.g. rubber) gloves and apron and full work clothing including long sleeved shirts, trousers and boots. Full impervious clothing is recommended if prolonged product contact is anticipated. EYE PROTECTION: Wear chemical safety goggles. Do not wear contact lenses. RESPIRATORY PROTECTION: A NIOSH approved mist respirator should be worn in areas where product mists are present. ADDITIONAL RECOMMENDATIONS: The presence of an eyewash and safety shower is recommended. EXPOSURE GUIDELINES INGREDIENT NAME ACGIH TLV OSHA PEL OTHER LIMIT Aluminum sulfate (as Aluminum) 2 mg/m3 2 mg/m3 None CrEFITuri 0 3'mg 1m LSfiE-L 1 mg/m3 TWA 1 mg/m3 TWA ------ 1 = Limit established by General Chemical. 2 = Workplace Environmental Exposure Level (AIHA). 3 = Biological Exposure Index (ACGIH). OTHER EXPOSURE LIMITS FOR POTENTIAL DECOMPOSITION PRODUCTS: None 9. Physical and Chemical Properties APPEARANCE: Has_ the appearance. of sand. PHYSICAL STATE: Solid MOLECULAR WEIGHT: Mixture CHEMICAL FORMULA: Mixture ODOR: Negligible VAPOR PRESSURE: Not applicable VAPOR DENSITY (air = 1.0): Not applicable EVAPORATION RATE: Not applicable COMPARED TO: Not applicable. % VOLATILES: Not applicable FLASH POINT: Not flammable (Flash point method and additional flammability data are found in Section 5.) Page 3 of 6 ALcHEM, INC. ]MSDS'j Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 , This Revision: 12-13-06 10. Stability and Reactivity NORMALLY STABLE? (CONDITIONS TO AVOID): Normally stable. If evaporated to dryness, residue should not be exposed to elevated temperatures (above 7600C), as this will yield toxic and corrosive gases. INCOMPATIBILITIES: Alkalis and water reactive materials such as oleum: causes exothermic reactions. HAZARDOUS DECOMPOSITION PRODUCTS: At elevated temperatures, sulfur oxides may be formed. These are toxic and corrosive and are oxidizers. Sulfur trioxide is also a fire hazard. The loss of these gases leaves a caustic residue. HAZARDOUS POLYMERIZATION: Will not occur 11. Toxicological Information IMMEDIATE (ACUTE) EFFECTS: Aluminum sulfate component: LD50 (oral, mouse): 6207 mg/kg LD50 (oral, rat): 1930 mg/kg Sulfuric acid component: LC50 (inhl-rat): 510 mg/m3/2 hr LD50 (oral -rat): 2140 mg/kg DELAYED (SUBCHRONIC AND CHRONIC) EFFECTS: Sulfuric acid component: Chronic exposure can produce changes in pulmonary function and/or chronic bronchitis. OTHER DATA: None 12. Ecological Information Aluminum sulfate component: 14 ppm/36 hr/ fundulus/fatal/fresh water. 240 ppm/48 hr/mosquito fish/TLm/water type not specified. TLm Mosquito fish, 235 ppm, 96 hours LC50 Largemouth bass, 250 ppm, 96 hours Sulfuric acid component: 24.5 ppm/24 hrs/bluegill/lethal/freshwater 13. Disposal Considerations Page 4 of 6 EM MSDS Material Safety Data Sheet 81 5HRed Road. • Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare:.1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 If permitted by regulations, material may be neutralized with alkali. The information offered in section 13 is for the product as shipped. Use and/or alterations to the product such as mixing with other materials may significantly change the characteristics of the material and alter the RCRA classification and the proper disposal method. 14. Transport Information �U_S-DC!T_HAZARD-CL SASA S, 8 -f US DOT ID NUMBER: UN3264 PROPER SHIPPING NAME: (C.Derr©sweliCLU:IS�;�GCldic, inorganic, N.O.S. (contains aluminum sulfate and sulfuric acid) For additional information on shipping regulations affecting this material, contact the information number found in Section 1. 15. Regulatory Information TOXIC SUBSTANCES CONTROL ACT (TSCA) TSCA INVENTORY STATUS: All ingredients listed on the TSCA Inventory OTHER TSCA ISSUES: None SARA TITLE III/CERCLA "Reportable Quantities" (RQs) and/or "Threshold Planning Quantities" (TPQs) exist for the following ingredients. INGREDIENT NAME SARA/CERCLA RQ (lb) SARA EHS TPQ (lb) Aluminum sulfate (anhydrous) 5000 None Sulfuric acid 1000 1000 t Spills or releases resulting in the loss of any ingredient at or above its ;Q requires immediate notification to the National Response Center [(800) 424-8802] and to your Local Emergency Planning Committee. SECTION 311 HAZARD CLASS: Immediate SARA 313 TOXIC CHEMICALS: The following ingredients are SARA 313 "Toxic Chemicals" and may be subject to annual reporting requirements. CAS numbers and weight percents are found in Section 2. STATE RIGHT -TO -KNOW In -addition to._.the_in.gredients_found-in_S.ectio_n_2,_the-following are listed- for state_____ - _--. right -to -know purposes. INGREDIENT NAME WEIGHT Vo COMMENT No ingredients listed in this section. ADDITIONAL REGULATORY INFORMATION: None listed WHMIS CLASSIFICATION (CANADA): E (corrosive based upon transportation classification) , D213. Classified in accordance with WHMIS Controlled Product regulations. FOREIGN CHEMICAL CONTROL INVENTORY STATUS: All ingredients listed on Canadian DSL. Page 5 of 6 ALCHEM, INC. `MSDS Material Safety Data Sheet 8135 Red Road. Rockwell, NC 28318 Office: 800-462-2586 24 Hour Emergency Assistance Date Prepare: 1-12-05 Chemtrec: 800-424-9300 This Revision: 12-13-06 16. Other Information Disclaimer: ALCHEM, Inc. provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. This document is intended only as a guide to the appropriate precautionary handling of the material by a properly trained person using this product. Individuals receiving the information must exercise their Independent judgment in determining its appropriateness for a particular purpose. ALCHEM, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION SET FORTH HEREIN OR THE PRODUCT TO WHICH THE INFORMATION REFERS. Page 6 of 6 Alchem — Telephone Notes, Illegal Disposal Feb. 8, 2008 Received by Peggy Finley at 3:15pm f1 `Y1 C?k Caller - Jason Williams cell 980/621-1651 home 704/857-1136 ` Kt,, �- (24 �u�`n f Mr. Williams was approached by an employee of Alchem (truck driver) about using Alchem residuals as fill in a ravine on Mr. Williams' property. He was told that it was free and was provided with a laboratory sheet that actually appeared to be for QA/QC. Mr. Williams called us to inquire as to the wisdom of accepting this material. Peggy pointed out that the lab sheet did not appear to provide information that would be useful in making that decision. In addition, there was no guarantee that a laboratory report represented the materials that would actually be brought to his property. Alchem, Inc. — Red Road Facility, Rockwell, Rowan Co. WQ0002702 / WQ0016338 Industrial Recycle -Bauxite Process/Bauxite Residuals Monofill On January 24, 2008, a caller informed MRO-APS staff that bauxite residuals from Alchem were being dumped at a site in Denton, NC (Davidson Co.) The site was visited on January 25. Approximately 27 large piles of bauxite residuals were found in a field behind a group of homes off Tom's Creek Church Rd. According Davidson County GIS, the property is owned by Henry Peele and Waymon Skeen of Southmont, NC. Above photo shows 4 dump piles in foreground; rest of dumping near tree line shown in the photo below. MAGGIE LANE DUMP SITE off Tom's Creek Church Rd. Denton, NC Left: height of smaller group of piles in relation to state vehicle; Right: looking down Maggie Lane towards dump field (white spot near center of photo is the smaller group of piles) The following is from the Davidson Co GIS (http://arcims.webgis.net/nc/davidson/defauIt.asp) 1-25-08 with dump locations highlighted: Davidson Co., NC Parcel Number: 0703900000020 Pin Id: 6679-03-30-9354 Owner: PEELE HENRY A & WAYMON L SKEEN SOUTHMONT NC 27351-0000 Property Address: 0 TOMS CREEK CHURCH RD Additional Information L20 BK1033-1350 TOMS CRK CH R Parcels Land Units: 24 AC Deed Book: 1033 Pg: 1350 Deed Date: 5/22/1997 Account Number: 000009031988 Township: Emmons Exempt Code: Building Value: $0 Other Building Value: $0 Land Value: $124,080 Market Value: $124,080 Assessed Value: $124,080 Deferred Value: $0 Other Attributes at point 1673972, 689957 City Limits: Townships: Soils: None Name: EMMONS DSL Name: GeB Fire Districts: Sq.Miles: 52.38 Soil Name: GEORGEVILLE Name: SOUTH EMMONS Zoning Districts: Type: SILT -LOAM Sq.Miles: 18.6 Zone: RS Percent SL: 2-8 Hydric: DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com W AST Michael F. Easley, Governor 0 9 QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \�� Cq r. Coleen H. Sullins, Director Division of Water Quality O 'C AQUIFER PROTECTION SECTION March 25, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Alchem, Inc. 2042 Buie Phildelphus Road Red Springs, North Carolina 28377 Attention: Julia M. Andrews, Registered Agent RE: Notice of Violation/Notice of Recommendation for Enforcement — NOV-2008-PC-0134 Alchem, Inc. — Red Road Facility Non -discharge Permit No. WQ0002702 and Non -discharge Permit No. WQ0016338 Industrial Recycle Bauxite Process, Bauxite Monofill Rockwell, Rowan County Dear Ms. Andrews: Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental Management Commission of the Department of Environment and Natural Resources to protect and preserve the water and air resources of the State. The Division of Water Quality (division) has the delegated authority to enforce adopted pollution control rules. This letter is a standard notification and is intended to advise you of the legal requirements under North Carolina law. In response to a citizen complaint, staff from the Aquifer Protection Section of the Mooresville Regional Office conducted a site visit at a property located at Maggie Lane and Tom's Creek Church Road, in Denton, NC, Davidson County. Approximately 27 loads of residuals from Alchem were found to have been dumped at this location. As a result of the investigation, the division has reason to believe that you are in violation of the following permit conditions: Permit WQ0016338 condition 1.3 - the facilities should be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. Permit WQ0002702 Condition 6 — The residuals generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the division. • The aforementioned location is not. an appropriately permitted facility and the Division did not approve the manner of disposal or the location. See attachment. In order to correct this violation, you shall immediately cease disposal of the residuals at locations that are not permitted for application by the Division. You must also remove these residuals from their present location in Davidson County and transport them to an approved disposal facility. Please note that currently, the only approved facilities are a Subtitle D landfill or a manufacturing facility such as Southern States or Industrial and Agric Chemicals, Inc., that can use the material in their production of another product such as filler for fertilizer. It is your responsibility that the end user understands exactly what the material is and the requirements for using it. You are not permitted to give the material away to be used as fill. One NorthCarolina Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: (704) 663-1699 Fax: (704) 663-6040 �'J��ut,� //� 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Internet: www.ncwaterguality.orq [/ V [l Alchem, Inc. NOV Page 2 of 2 January 28, 2009 You are required to respond to this notice by submitting a plan for proper disposal of the residuals to the Aquifer Protection Section of the Mooresville Regional Office within 15 days following receipt of this notice. The plan must provide details as to the name, location, the amount of material that the end use facility will be receiving, and it's intended use or the Subtitle D landfill that you will use to dispose of the residual sand. Upon proper disposal of the residuals, you shall submit a report and include manifests or other suitable documentation. In addition, within 90 days, you are required to submit a report assessing any damage to the soil and groundwater at the site of the aforementioned unapproved disposal site. The report shall be prepared by a North Carolina Licensed Geologist or Professional Engineer. The above violation of G.S. 143-215.1 is subject to a civil penalty assessment under the authority of G.S. 143-215.6A of up to $25,000 per day per violation. A recommendation for enforcement is currently being prepared by the Mooresville Regional Office. Please note that each day the unapproved disposal continues, you may be subject to a continuing penalty assessment. Please address your response to me. It is also requested that your response letter reference the date and subject of this NOWNRE as well as the permit number. Should you have any questions concerning this matter, please do not hesitate to call me at 704/669-1699, ext. 2180. Sincerely, Andrew H. Pitner, P.G. Environmental Regional Supervisor Attachment Cc: Kim Colson, P.E. —APS Land Application Unit Ed Hardee, DWQ APS Central Office w/attachments File PC-2008- 0005 w/ attachments APS Central Files w/ attachments Bob Wolcott, Operations Mgr., Alchem, Inc. 8135 Red Rd., 28138 w/attachment Andrew Hammonds, Solid waste Division, Fayetteville Regional Office Maf/alchem/enforcements/NOV-PC 3-24-08 #0134 To File: Site Visit - April 17, 2008 Maggie Lane — Site of illegal Alchem dumping Denton, Davidson County The piles of bauxite residuals have been removed. The area has apparently been overseeded (pine straw has been laid down as a cover). > C-7 L-4-7 --v ;iljl A ,. To File: Site Visit - April 17, 2008 Maggie Lane — Site of illegal Alchem dumping Denton, Davidson County The piles of bauxite residuals have been removed. The area has apparently been overseeded (pine straw has been laid down as a cover). q- " caf TRANSMISSION VERIFICATION REPORT TIME : 04/28/2010 01:1b NAME : DAVIDSON CO TAX FAX : 3SE2422851 TEL SER.0 : DBOAON301371 DATE, TIME 04/28 01:'1r1 FAX NC+./NAME 917046636040 DURATION : 00: 09 PAGE CS? 00 RESUL-r BUSY MODE STANDARD BUS': BUSY/NQ RESPONSE &f: Lfled pAsCQill 70 VID$0N COUNTY ** 2007 ** APR 28, 2010, 9:17 PM PARCM NUMBPR BASIC PARCEL INFORMATION PROPER'ZY ADDRESS 0502500000035 001/001 1828 NOA,HTOWX = 336- �Z����7/6 8 TT 39vi XVi 00 NOSGIAVG TSBZZVZ966 TT:TO 0T0Z/8Z/b0 PASCQIII DAVIDSON COUNTY ** 2007 ** APR 28, 2010, 4:17 PM PARCEL, NUMBER BASIC PARCEL INFORMATION PROPERTY ADDRESS 0502500000035 001/001 1828 NQAHTOinN RD OWNER: SKEEN WAYMON LEGAL: L35 13KI5)41-71-1- BLACKBERRY RD .98AC BLDG NAME: TWN:05 CITY: EX: ACCT TY, 114AIL ADDR: ACCT #: 000007218600 1906 BLACKBERRY ROAD NEIGH : 05003 ID#: 6784-03-20-3895 THOM1aSVILLE NC 27360 0000 CARD VALUE PAR VALUE - - - - CARD INFORMATION - - - - LAND VAL 23,190 23,190 HEATED SP 840 YEAR RLT 1971 I3LDG VAL 4,860 4,660 A`X SQ FT 240 USE MODEL 03 02 OBXF VAL 4,540 4,540 TOT SO FT 1,080 ZONE RA3 w *rxx* *war* MARKET nATA 09 2009 PRICE: 8,000 DEED:01941-0711 33�-rya-alb � 0T 39dd XVi 00 NOSGIAVa T9833V39EE TT:TO 019Z/83/b0 PASC0111 DAVIDSON COUNTY ** 2007 ** PARCEL NUMBER BASIC PARCEL INFORMATION 0502600000016C 001/001 BLACKBERRY RD APR 28, 2010, 4:17 VM PROPERTY ADDRESS OWNER: SKEEN WAYMON LEGAL: L16C BK899-364 BLACKBERRY RD 9,92AC BLDG NAME: TWN':05 CITY: EX. ACCT TY: MAIL ADDR: ACCT #: 000009015383 1906 SLACKEERTy ROAD NEIGH : 05005 YIA: 6783 01-26-1297 THOMhSVILLE NC 27360 0000 CARD VALUE PAR VALUE - - - - CAn INFORMATION - - - - LAND VAL 80,600 80,600 HEATED Sp YEAR ELT' HLDG 'VAS, AUX SQ FT USE MODEL 97 VAC OBXF VAL 30,720 30,720 'SOT SQ FT ZONE RA3 MARKET 1111320 111,320 ACRES .000 **ww***** *** MARKET DATA 0471994 PRICE: DRED:00899-0364 60 39Vd XVl 00 NOSGU VC I98Z71VZ966 IT:T0 0I0Z/OZ/V0 PAS CCU I T Y PARCEL NUMBER 0502600000081 DAVIDSON COUNTY *w 2007 ** BASIC PARCEL INFORMATION 001/001 1906 BLACKBERRY APR.28, 2010, 4:17 PM PROPERTY ADDRESS RD _ OWNER: SKEEN WAYMON -- LEGAL: L81 SK556-343&568-8 BLACKBERRY RD 5.00AC BLDG NAIVE: TV+N:05 CITY: EX; ACCT TY: MAIL ADDR: ACCT #; 000007218600 1906 BLACKBERRY ROAD NEIGH.: 05005 lnii : 6783-01-36-0281 -- THOMASV I LLE CARD VALUE PAR VALUE - - - - CARD INFORMATION - - - - LAND VASE 49,400 49,400 HEATED SF 1,733 YEAR BLT 1961 BLDG VAL 105,250 105,250 A(7X. SQ FT 915 USE MODEL 50 01 OHXF VAL 24,450 ____24,460 TOT SQ FT 2,648 GONE RA3 MARKET 179,100 179,100 ACRES .000 ********x***** MARKET DADA ***rr****x****** 02 1979.PRICE: 500 DEED;00558-0894 02 1978 PRICE: 500 DEED;00556-0343 80 30VJ XVi 00 NOSGIAVC Z98Z3trZ9EE ZT:TO 0LOZ/8Z/b0 ?ASC OITT DAVIDSON COUNTY ** 2007 ** APR. 28, 2010 4:17 PM PROPERTY ADDRESS ?ARCOIF,L NUM]3ER BASIC PARCEL INF'ORMAT15N AD )503500000_005M 001/001 248 Np,ERVILL' E JWNER : - SYMEN WA'Y'MON [JEGAL. LSM BY,1643-23 % T�ANNERSVTLLE Y.QOAC BLDG I�l'AN1E : TWN: 05 CZTY : EX : ACC'I' 'Z'Y ; BLDG NAME: At= ##: 000007218600 906 BLACKBERRY ROAD NEIGR : 05006 IDa: 6773-01.-25-8890 THOMASVILLE NC 27360 0000 CARD VALUE PAR VALUE - - - - CARD INFORMATION - - - - LAND VA'L 17 , 8 $ 0 17,860 IIEATTM SF 980 YEAR BLT 1989 BLDG 'VAL 4,580 4,680 Ai7 SO FTUSE MODEM 03 02 p$XF VAL 4,000 4,000 TOT SO FT 980 BONE RA2 MARKET 26,460 26,460 ACRES .000 re***********vc* MARKET DATA **k************ 09 2005 PRICE: DEED;01643-0237 LO 39vd XVl 00 N05CU VC L58ZZbZ9EE ZZ:ZO OZOZ/8Z/bO 'A.SCOIII DAVIDSON COUNTY ** 2007 ** APR 28, 2010, 4:17 PM ?ARCEL NUMBER __ BASIC PARCEL INFORMATION PROPERTY ADDRESS ) 703900000020 001/00'1 TOWS CREEK CHURCH RD ]WNER: SKEEN WAYMON EGAL; L20 BK1.954-464 TOMS CRK CH R 24.00AC Ll]G NAME: TWN:07 CITY; EX: ACCT T. yiAIL Ar)OR: ACCT #: 000007218600 1906 BLACKBERRY ROAD NEIGH 00706 SD#; 6679-03-30-9354 THOMAS V I LLE NC 27370 0 00 0 CARD VALUE PAR VALUE - - - - CARD INFORMATION - - - - LAND VAL 124,080 124,080 HEATED SF YEAR BLT BLDG VAL AUX SO FT USE/MODEL 97 VAC ()RXF VAL TOT SO FT ZQNE RSA 124,080 124,080 ACRES 05 1997 PRICE; 1.2/2009 PRICE: 05 1997 PRICE; 07 1977 PRICE: 000 ET DATA 99,000 DEED:01033-1350 DEED:01.954-0454 99,000 DEED.01033-1350 22, 000 DEE112: 00549--0785 90 39dd XVl 00 NOSQIAVC T90ZZbZ90E TT:TO 0T0Z/BZ/b0 PASCOIIT DAVIDSON COUNTY ** 2007 APR 26, 2010, 4:17 PM PARCEL NUMBER _ BASIC PARCEL INFORMATION PROPERTY ADDRESS 11.31.500000023E 001/001 RIDGE RD OWNER, SKEEN WAYMOIY LEGAL: L23C EK1665-651 RIDGE RD 3.00AC : TWN ; 11. CITY: EX: AGCT 'I'X B1JI3G NAME MARL NAME: ACCT #: 000007218600 i906 BLACKBERRY RQAO NEIGH 11109 ZD#: 6747-01-36-1159 T VALUE 4_j0 4 0 _4, 000 45,040 NC 27360 0000 VALUE - - - - CAR 41,040 I3EA7ED SF AUX SQ FT 4,000 TOT SQ FT 45,040 ACRES 12 2005 PRICE: 03/i994 PRICE: 'SEA USE .000 KET DATA ***** x*�e**� *** D8ED:01665-0651 5,000 DEED:00893-1473 90 O19vd XVi 00 N05CU1t1C T98ZZbZ9££ T T : TO 0 TOZ /8Z 00 ?ASCOIII, ?AEZCBL NUMBER 5WNER : S LECAI, : L rm r�rt hY'n Ttt'CI LAND VAL DAV 2 D S ON COUNTY ** 2007 APIZ 28, 2010, 4: 18 PM BASIC PARCEL INFORMATION PROPBR'lY A]7DRESS - nnti Inn-1 -oynr-4w Rif a -35-2959 BLT MODEL 97 RA3 its*kytokyl'k�� 2-0735 b0 39vd XVi 00 NOSQIAVG TSBZZVZ96C TT:TO 0T0Z/8Z/b0 04/28/2010 01:11 3362422851 DAVIDSON CO TAX PAGE 03 L!PL0-L0900: QEaCL 6ESO-9ZL0Q:CLEaC1 6LQT-5z$00:aaad oLsT-LL£ZO:aHECI 88E0-9O:VT0; UanQ Tli � o T i, rl w 000'SL 000'ST, 005'_06 000000 S9 :80Iad £$6T_/z0 :EDI,td 686T TT :2012Id Z66T/60 :UnTim E00Z./TO 000' s��OV Oe�7'LST 00T'L8 Ds9' it J3 OE3 101 0616' ET Ori8S szT L,q. os My 08z' 9zT oss' E9 szT7'v as UaSIVEz OT LT OTL'LT T.mn..TNTt r7wv:1 - - - - sarivA vd EWIVA - - NOw,FVM NHEXS : -daNmc ad �MSNINMD 9TS Z00/T00 ss000000zss9l mozs..vxoax2 rlEodvd Dzsxa USEKM� =MiW NCT 8T : p 'OTOZ ' 8Z -ddV MM Looz ** TiIM= NOSQZAVC1 ZIIoosve 04/26/2010 01:11 3362422851 DAVIDSON CO TAX PAGE 02 SE'dDV 08�'GSI ae£'D( TRO 000' 0ZT7' z s3 s 101 46% Eti o59 L ��n axH� 90 8 gsaow 21s,Cl T.d nS o 8 Z' 9 ET a£ L' Z 9 'XKA E)TIS � dA CJ.�Vrl 6 o 0 Z dvaA U67,9 - - - - i�TOI111VW iOaN d S CTEI U, Q'dHo - - - - RrT�11 2i'dd �1�I�i11 C[ZiFi� XJ s��� = X� = LZ0 9 illt Z I NMI = ENVN 5c UH NVHDNINN11D 8 8 E m $ a �I?xg SSrl = ZFi'07E mQTn4vm Naaxs :,dErNMC a� WVHVNINNLD .91E zoa/zoa ss000aoosS��� ss xcta� sx ao�a �IOIzvwxoas� l riao�a aisva xagwn�z �za x�K laid 8T"% 'OZaz In adv Loot �I,L�l10 i�it�SQli1�iQ TII��s�Zc ?ASCOIII ?ARCEL NUMBER L635300000067 OWNER; SKEEN LEGAL; L67 B 3LDG NAME : _ MAIL AD1DR: 15 917-1998 nAVIDSON COUNTY ** 2007 ** APR 28, 2010, 4:18 PM BASIC PARCEL INFORMATION E'ROPERTY ADDRESS 001/0O1 CUNNINGHAM RD OFF : 1.6 CITY: �T #: 00000 16102 6765-02-78-848 THOMASVILLE NC 27360 0000 CARD VALUE PAR VALUE - - - - WARD INFORMATION- -- - - LANI) VAL 32,730 32,730 HEATED SP yEAR BLT 3LDG VAL ALTO. SQ FT USE MOl7EL 97 VAC 3EXF VAL TOT SQ FT ZONE RA1 ?IARKET 32,730 32,1730 ACRES .000 ****w****w*ww* MARX2T DATA *********a***** 04/2009 PRICE: 24,000 DEED;01917-199$ TO 30dd XVi 00 NOSGU1dG T98ZZbZ9EE TT:TO OTOZ/8Z/b0 p 771)—qld/d-% /-- -77&/a-7�1/-;,J 5�- STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 1 /22/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 VEHICLE NUMBER NSF Corliffi rdto ANSMISF 60' GROSS:, 74,150 TARE: 29,150 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073E Remit COD to: Subject o Section r of conditions, If this COD FEE: shipment is to be delivered n the consignee WOD fl ,t AT. Add,,I,,1 without recourse on the consignor, the consignor /'1IVI ress: shall sign the following statement: Prepaid ❑ The carder shall not make delivery of this City: State: Zip: shipment without payment of freight and all other Collect ❑ W �` lawful char NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES' FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby .%-, specifically stated by the shipper to be not exceeding $ Per (Slgnatu n r $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier arn6d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise is deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over or any portion of said route to destination and as to each party at any time interested in all or any of said Property that evert service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed by the shipper and accepted for himself and NE assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). 17 This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and / are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE . s " ALCHEM, INC ALCHEM, IN(1/' SHIPPER: CARRIER: PER. DENISE WOLCOTT PER: GREG GALLIMORE 112212008 800 424-9300 DATE: EMERGENCY RESPONSE . Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' f 1 including storage incidental to transportation (172.604). ?11-BLC-03 12267 TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) if the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it is r' ` promptly, the carrier, may, in..'-aWJ d(s r',4 prevent (a" 4 t�arYi�Y or party in possession of the Property shall be liable deterioration or further. deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in %)lij �;Jj eacrier�,hpIllus ppmvpetda;t Ie <yp aj�l farts to notify you + r �� .. oft reef a r prop riu on C� pa�i, i .to receive it, and delivery of the Property: vj, ,iiibri r�wj- request Iris r ctloa `j rclriag cj16706s lctn•df l e Property. (i) caused by an act of Cxgr ,pup, n�m ,�he authority of (d) if the procedure described in subsection (b) and (c) is not law, or any act ox ief I '6y a apd�r � e owner of the Property, or b�r�r`r 4rals9,�nk g s � t commerciallyfir¢ jona yl, tF> r )F;1a ,; option, sell the Property undeY'SGchIrc rt�rstarld a �r i`r'r`sdc manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any taituri `s .' i defect or vice in the Property, or from riots or other lawful charges and they c fi e., advertisement, sale, and other necessary expense and o`ft caring for and maintaining the Property, if proper care of the same requires special expense. if following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. (Q1 jA'2p MJe't lhb�aa`rtt-�j- to Vpr Th6I roperty to a location where there is no regrrYarly appointed freight agent, the carrier,shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the Iesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion'of the carrier, any such goods may be warehoused at your and the owr)er's.risk and expense or destroyed without compensation. Section'7, Freight. Charges and Payment' (a) You are primarily responsible, for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous Information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the- shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of thisik ljl of Iarf jng-a5 folly as if the same were written or made in or in connectior4lith tks't4flltbl-lMng. Section 9 Transport by Water If all or any part of the Property isJcjifi'I ' tej6� YY, �_rjDart of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carriec'sa iail%o( la p0and by the laws and regulations applicable to transportation lJy water. SuFwater carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the' Properfy,: as determined by the classification or tariffs upon, r� based, such lower value plus freight charges iN pq IP h maximum amount to be recovered, whether oi', no: o damage occurs from negligence.Al ,✓ Section 2 Filing of Claims (a) Claims against the carrier for loss of or damag toxf 4ifQCope-rf' must be filed in writing with the carrier issuing Ing within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to mQ,4 k4iUary, } nCgf(@ nine months after a reasonable time four. tiu ,M1y has_,elap-s d. All causes of action must be instituted wlti�ih�ty b }ears t�di 5vng the date when written notice is given by @ rier to f( t;'that the carrier has disallowed the claim or any part or parts thereof specified in the notice. if your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b), The carrier, shall have.the full benefit of any insurance that. may: have been effected upon ot'on account of the ,Property in the event that the carrier : is liable foY loss of or tlamage 'to the Property. Section 3 Method of Transportation Except as expressly agreed in writing' by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than withreasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based,' (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a, public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the otty, eg1JtRP1tb q*eive it, or said consignee or party entitled to receive It fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Rip}_t5j}1"aYrfDto the highest bidder, at such place as mag,be designated by the carrier. Prior to any such sale, th WO. use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange.for.an alternative disposition. Q Copyright 2004 J. J. KELLER 6 ASSOCIATES, INC.. Neenah, WI • USA • (800) 327-6868 e m.w.ijkelleccom • Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. SHIPPER NO. CARRIER NO. 1 /23/2008 nATF BARRIER SCAC TO: FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD . SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER 910-843-2121 . NSF Ceriffindto ANSIINSF 60 GROSS: 74,300 TARE: 29,300 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject to Section 7 of conditions, if this COD FEE: shipment is to be delivered to the consignee COD AMT: ,.1 without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ CitCI State: Zip: The carrier shall not make delivery of this y: p: shipme t 0'in I payment of freight and all other -Collect ❑ Q -✓ lawf arges. _ $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES agreed or declared value of the property. The agreed or declared value of the property is hereby FREIGHT CHARGES: specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the cards and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent go d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby a 7d to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that.the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation accordinq to the applicable requlations of the Department of Transportation PER: 1 ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: DENISE WOLCOTT GREG GALLIMORE PER: PER: 800 424-9300; 112312008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 TERMSAND CONDITIONS By giving the carrier the pr6piarty described in this bill of lading (the (c) If the Property is perishable and is refused by,the consignee or "Property"), you agree to,all, of the terms of this bill of lading, party entitled to. receive it at the destination location, or said Section 118,lyjk��kqt� r1s of Liability party entitled to r it hqJI if il tp- receive it consignee -or pa � f I � t". �i carrier or party in possession of the Property shall be liable W-1K promptly, the carrier, may, d -1b prevent as at common law for'any loss of or damage to such Property, deterioration or further deterioration, sell the sarne, to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to ordelay in 8t%atoAtoa W. ghitne) 66jTr %qfforts to notify you t oi;tfirty orlh�_failyre�p receive it, and delivery of the Property: C'11?01 J111?i_*.*A1-'_,J_]P% Ji req s Iris ruo I ns.- e r4tq spasliM N Property. (i) caused by an act of (1OVinuPle,7ppe ,�,tpthe authority of .1 k law, or any act or ddAft­b'Qgd""',a'�n lor tffb owner of the -e described in subsection (b) and (c) is not (d) If the procedure Property, or V0r3aiUrraQ%1lir1 Oki", .1 commerciall �-rp�IFpnablp, a gritpr�Nay�- a -its option, sell the Prop Ar"idil` 1�xd ih 90ch manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any {iii}C,esulqng#f�rn(q defect or vice in the Property, or from riots or other lawful charges and the ,!ExpEpCq\4 advertisement, sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the, maintaining the Property, if proper care of the Same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder, prbhibited by law, where a lower value than actual value has operty to a location where been represented,in writing by the shipper or has been -agreed . I there is no regularly appointed freight agent, the carrier shall not upon in writing a s the released value of the:' P roperty.,,a, s 'be liable for any'l'o-ss or damage to I Property occurring at such determined by the classification or tariffs uponjwh�_i iP location after the Property has been unloaded at such location. based, such lower value plus freight charges it he Section 5 Valuable Items maximum amount to be recovered, whether of 4 LQ damage occurs from negligence. J (a) The carrier's liability in connection with the Property is limited to Z Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damagf y must be filed in writing with the carrier issuing ithtilfArPrehng any freight charges paid'by you. within nine months after delivery of the Property (or, in case Of' (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at ort of export) or, in case of failure to mfikaWgAi�V_.ery,:&�61i "9 nine months rated in the published classifications or tariffs unless a special after a reasonable time fo ,,Pallvq y has-glapsed. All causes of be instituted _i�16\Mlng the date I agreement to do so and a stipulated value of the articles are endorsed on this bill of lading, i when action must wwnll ea�s written notice is, by 6106,�atler to. ­y6d4hat the carrier.has ' Section. 6Joint Liability for Hazardous Goods - given disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or 'instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit.of anyinsurance that may. discretion,of the carrier, any such goods may be warehoused at. your and the 'risk have been effected.,owner's 'upQn or on account of fl�e` Property in the and lexpense ordestroyed �ijit'hout,com,oensationI event vent that the 'carrier is.liable fdV.Ibss ofor damage to the Sectlbn.T,. F.relghtharges and, Payment o 'Property. - (a) %u'are.ip'rima,rily reocinsible for the freight An8 all'otherlawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49, U.S.C. § 13706, within the free time allowed by tariffs or classifications upon (b) Nothing in t . his bill of lading shall limit the right of the carrier to which the rate is based; (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receivingparty of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The Section 8 Effect of Shipper Signature stored Property will be subject to a lien for all freight and -other If this bill of lading is is - sued on the order of the shipper, or his agent, in lawful charges; including a- reasonable charge for storage. The exchange Or in substitution for another bill of lading, the shipper's signature carrier's responsibility 'shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election a�agraph 4(c) below, if the Property is (b) Except as provided in subparagraph of common law, or bill of lading liability, in or in connection with such prior bill refused by cons the PaW�j q6,Ai[VdK@,!4oeive it, or said consignee or of lading, shall be considered a part of Ily as if the same - i 1 � ing. consignee or party entitled to receive it fails to receive it within 15 ill'6fl were written or made in or in connection t days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier maysellthe R''uot , � _ . 6 kA.Y10-fib @64fiW to the highest If all or any part of the Property QjWr art of said route, bidder, at such place,%s"rpay. be designated by the carrier. Prior ` and any loss of or damage to the Property occurs while it is in the custody of , arr011 to any such sale, - jQause commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that la¢ joq3and by the laws and regulations remains unclaimed, as the case may be, and that it will be 15 " applicable to transportation y water. Such water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable: 0 Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neeriah,W - USA - (800) 327-6868 ­NwLv.Jke!Ier.corn Printed in the United Stales STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM; INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 1 /24/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE' PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Cer1i(fod to ANSMISF GROSS: 74,500 TARE: 29,500 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject to Section 7 of conditions, It this COD FEE: shipment is to be delivered to the consignee �OD AMT: • without recourse on the consignor, the consignor .1 Address: shall sign the following statement. Prepaid ❑ e carrier shall not make delivery of this City: State: Zip: ahlp t without payment f freight and ell other Collect ❑ la I arges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature o onsignor) ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing be, the carnet d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl[ to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent go order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or core flan In possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested In all or any of said Property that ever) service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed toffy the shipper and accepted for hlmself and hi; assigns. //� NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. W06(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: Ell SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: . DENISE WOLCOTT PER: GREG GALLIMORE 1!6'F/LUUO 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). ?11-BLC-03 12267 T By giving the carrier the property described in this bill of lading (the (c)If the Property is perishable and is refused by the consignee or ^Prowrty").you agree mall of the terms of this bill oflading. party entitled to receive it at the destination location, or said Section � consignee or party ��iyqn receive it U`� |n`nmo��mmr�N�/� /z ��---�-- '-------� �-,— �� � of#eP �oheUhaUaWo p oa��� may, prevent '~'^ ' p~ ~'' deterioration orfurther deterioration sell the same |othe bm� aa��common law for |oau of to PmponX —� oxoocxaahevaina�orpmv/Ved. ~' advantage at private public| Pi t selling theProperty, (h) The carrier shall not be liable for loss ut damage to orde|aym ."�q�notifyforts to �you , and delivery of the Property: ' Property. n === by an act of a~ oan� �^ "' "='""'` kq V �m �d (� � not Property, commercialoption, sell the Property unoo,�won,mnm�a�noe�'�vs/nrniAnmanner uxmay (ii) occurring while the Property bstopped andheld intransit et U*authorized bylaw. your request n/that o4any other party entitled tomakysuoh (*) The carrier shall apply the proceeds of any sale made underthie pequearequest.section \nthe payment nffreight, demurrage, nmnago. and any ,(i�Vy) i;esy|,u2!�defect �h�' 'a��| ^h"'*�°^'" ` e*�h�� and '��caring for Uorvioein�ePmpe��nr�nmho�or sale, and other necessary' (o) To the extent permitted under the Carmark Amendmont, the maintaining the Property, if proper oora of the same requires liability ofthe carrier for�the Property may helimited toavalue special expense. 1ffollowing payment ofthe preceding there iva established 'by written uvelectronic declaration byyou urby balance, such balance shall bapaid bnthe owner nfthe Property written agreement between \heoaniarandynu.|na||uoaoanc* sold hereunder. prohibited by law, where lower value than actual value has been represented jnwridngt9the sh�perorhas been agreed ^ /UbYprt ~�"^'�h6��s frerghf the upon in writing as the released agent, oan|ershall not be liable for any loss ordamage to Property occurring at such determined by the classification or tariffs ��na�r�Pmpo�|���o����m���n. based, such lower mdueplus f»�ghnrha i Section Valuable Items maximum amount to be recovered, whether dam�mu�ura�mmneg|i��mm (a) The carrier's liability in connection with the Property is limited to � Section Filing of Claims �`~/- the lesser of the amountofyour actual damages o,the declared "a|ue stipulated by the carrier onthe face uf this bill oflading plus (o) Claims against the carrier for loss of or damagp,tqJIp9 i1FW9erty any freight charges paid by you. must ""filed in writing"with the carrier issuing" °"""' ""'" "'"''"'" after delivery of the ' rope '`xTo`. I n'-66-siT -of (b) The carrier shall not be liable in any way for any documents, export uaff�.w�M �n months after delivery at of export) specie,h� articles i | — ��� ` 'specifically rated in the published clas or tariffs unless a special or, in case of failure to m ft�jql,Npry, 18F&f 'ri nine months after a reasonable time for Oer� ha'Zel4pse , a -All causes of li agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. action tth --must —'-------�--'------sifications �g-----wen written notice ~pir toy�%tpat the carrier has Section Joint Liability for Hazardous Goods disallowed the claim or any p�ff or parts'tF)ereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage ' accordance with the foregoing provisions,the carrier shall not tw «aue*u by the shipment of. explosives, dangerous or hazardous goods, liable, and such claims may not bopaid. without giving prior written notice to the carrier ol their nature. At the '�4���euo�eo �|�avo8h� �� ��t6�� `.«/uc ' ~ —r-`—' — --' —` ����am��w�vv=,8ovvumavu��ue,mvsvva,vuu,uvum� �� ' have been oronaccount of the in�ho owvo/uhak n� destroyed compensation. ~ `~^^ '~~~^'� ' event that the carrier is liable for loss of'or damage to the,. uecnon' Freight Charges and Payment ` Property..� ` . ' ' � ^ . ` '$V You."ttre,primarily resporisible fo� the freight and all other lawful Section Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section Rempona�H�y�sProper�, consignee additional'for additional charges. The respective ges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it.. pursuant to 49V.E�O13706. within the "=" time allowed by tariffs or classifications upon',which (b) Nothing in this bill oflading shall limit the right of the carrier to the rate is based, (such free time to be cornputed-'as therein require the prepayment or guarantee of charges at time of If upon inspection the carrier determines that the arrivalshipment. of the Property articles shipped are not those described m this bill mlading, the (if intended for export). The carrier, in its discretion, may store the freight charges must bepaid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section Effect ofShipper Signature deliveror other available place, at the cost of the owner. The �orod'PmpoUy'V0bnsubject toelien for all freight and other If this bill oflading is issued on the order nfthe shipper, orhis agent,in lawful charges, including reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper*s signature ca.rrier's.,res ponsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election 0� as ^^~~'` rmv�adi ''~~�r°~»'~r''- refused ^.^'~'^ connection --with such _prior bill `'``~^ law ~ bill ^~ lading ^~', ^'^' of lading, shall be considered of ee��esame ' - consignee enUUed0o�c ���iwai��hhin1� *n�u�*x/pnnaomg »97��wmmwnnonormmoemnr in connection, days after notice ofarrival shall have been duly sent urgiven, the Section Transport by Water highestn)to the carrier may sell the ProperivP3 plrpfipl�s r� �A Prior of the Property i to te, loss damage to the �ro`�e'r'lt'y while R is in the custody of at such place as may b e carrier. and any of or occurs to any such sale, use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that IaN�ij �Iand by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transport9i h er. SiLidwwater carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrangebidder, for ari alternative —p' liability contained in the Harter Act or the CarriageBy Sea Act, as applicable. mCopyright x00*�J.nsLLsn^ASSOCIATES, /wc,m°=u,w"^USA ^mvmmr-6o68^w°°ukaIIe"=r`Printed * the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER TO: INDUSTRIAL & AGRIC CHEMICALS CONSIGNEE 2042 BUIE PHILADELPHUS RD STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ROUTE 910-843-2121 FROM: SHIPPER STREET ORIGIN SHIPPER NO. CARRIER NO. 1 /25/2008 DATE SCAC ALCHEM, INC 8135- RED ROAD ROCKWELL, NC 28138 STATE VEHICLE NUMBER NSF Certiffili ANSMSF 60 GROSS: 74,150 TARE: 29,150 NET: 45,000 ZIP U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject o Section 7 of conditions, if this COD FEE: shipment is to be delivered to the consignee COD AMT: ' ,,I,.,I without recourse on the consignor, the consignor Address: shall sign the (lowing statement: Prepaid ❑ The er shall not make delivery of this @ City: State: Zip: shipmen ' ht a out payment of freigall other Collect ❑ lawful ar es. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carrier V per, applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo ordshiper, excepif t as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indioatei below which said company (the word company being understood throughout this contract as meaning any person or. Corp alion in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise t, deliver to another carder on the route to said destination. It is mutually agreed as to each carder of all or any of said Prop over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, ein contained, Including the.conditions on the back hereof, which are hereby agreed t y the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation P ALCHEM, INC ALCHEM, INC SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: GREG GALLIMORE 1/25/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill,of lading Nm (c) Vthe Property is,perishableand iorefused bythe consignee or ".PmpnxM.you agree to all of the terms of this bill of lading. party entitledreceive it at the destination location, or said Section � oonv|Dnun or payenoU U m ���b6M promptly, the carrier, mey, m. 'd��& p receive it to prevent`� i n----����ur party aeooionnf�hePmpenynha||0n|�Nn - | of uu ouok Property, as at common law for any a - deterioration o/fur�erdsmho��on sell the same to the boat ' except eehereinafter provided. advantacie at orivate or public/ Prior to sellingthe Property, The carrier shall not he |�Wefor loss of, damage to in �L��(b) 0p notify you receive it, delivery o(the Property: �] ' - �q��� �J��A�������A�Pmpeny W ^�=" "'�`=^� �`="""' :the � N0 U Om �� k1 � mm a=' "' "''y "^' "' "=""" owner of PmP*nX»r��$�h�aC�WNnk�d8ft�7��) }H .-- ` ��| opUon, ae|| the p� �� n����3���l ��~������/''`��� Property un .. .~....�m...�....~~../nn...monn*r��mey (ii) occurring while the Property is stopped andheld in transit at be authorized by law. your request orthat ofany other party entitled 0nmake such (a)The carrier shall apply the proceeds of any saled under this request. section to thpayment offreight, demurrage,storage, and any (N) I;qpuItjRg,ff,9madofeo` orvice inthe Property, from riots o��u other lawful charges and th /p»H0eadvertisement, 38i' sale, and other necessary� Oxpie-inse'"`aind caring for and (c) To the extent permitted under the Curmerk Amendment, the maintaining the Property,if proper care of the same mqu/ma liability ofthe carrier for the Property may belimited mavalue special expense.|ffollowing payment nythe preceding there iaa established by written or electronic declaration by you or by balance, such balance shall bapaid tothnowner o[the Property written agreement between the carrier and you. In all uemeo not sold hereunder. prohibited by law, where o lower value than actual value has location where b represented in writingby the shipper h b d - fre'kgNf- agent, the carrier shall not h6��-6T� upon in writing as the mmaneo value of th be liable for any loss ordamage vu Property occurring at such determined by the classificationtariffs upon location after the Property has been unloaded at such location. haued. such lower value plus freight oha eu i maximum amount to be recovered, whether or Section Valuable Items damage occurs from negligence. ' (a) The carrier's liability ioconnection with the Property ialimited *u �� / Section 2Filing ufClaims `-_'-'' the lesser ofthe amoon��your actual damages orthe declared value stipulated bythe carrier onthe face ofthis bill nflading plus (a) Claims against the carrier for loss of or damag any freight charges paid hyyou. must onfiled in writing wo,nmocam�r/ssumg| ' ""» (b) The carrier shall not be liable in any way for any documents, within"nine months after delivery of the ''"p=`x ("'. "' case "' specie, orfor any articles ofextraordinary value not specifically -inihapublishedo|onoihoodonaorxadffaun|e export traffic, within ninemonths after delivery at portofexport) or, ''' case "' failure `"'''# - after = reasonable time ' the date agmnmen1mdnsoand astipulated value o(the a�io|amam undomndonthis bill ��lading. action --must --------'--'------n"when written notice is given by Section Joint Liability for Hazardous Goods --- disallowed the'daim or any part or parfsS,thoreof specified in the You, and if you are an agent, any owner ofthe Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims'may not be paid. without giving prior written notice to the carrier of their nature. At the The oo�ie, n6aU-'- -- -� --� insurance -_ discretion of the carrier, any such goods may uawarehoused aat your and the ' `-' been effected upon or�on account of the'Property mthe owner's risk and expense o,destroyed without onmponmaUo».n4ve ` even, that the obnier is |iu@o for loon of ordamage to the Section Freight Charges and Pa�mnnt ` Property.� �� (a) You hmuh�responsible for the freight and all other lawful Section Method of Transportation Exceptas expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled mreceive it pursuant m49U.S.C.013700. within the free time allowed bytariffs nrclassifications uo (b) Nothing inthi'sWU.oflading shall limit the right of. the carrier x/ *which the .u= is ""m"v v°"^'' ''=" time o be computed as requirethe prepayment or guarantee of charges at time of therein p'«,'"e"/."the carrier may notify the receiving, party "'"the. shipment. If upon inspection the carrier determines that the ankm| of the Property at thedestination the rt of export.', articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the` freight charges must bnpaid upon the articles actually shipped. Property "' " public or licensed"w°'=""°e at the place of Section ��m�of�bi��m�Signo�unm delivery n�o �b� of the The stored Property 'will bosubject ma|ienforo||freigh\and other If this bill oflading isissued on the order of the shipper, orhis agent,| lawful charges, includingareasonable charge for storage. The exchange carrier's eap000|N|UyshaU batho�nfewmrnbouooman on|y to the pnv, omv/ /udin*uu m meuu^ememv/ mvuem uve/mue. o/ e/vuxu, � (b ofoommnnaworU0ofadn| � ou8onwthsuohphorb0 v '`~^^v^'~ .~^^ --- by --g-- - --���7['��j,v�- ` - --- ocro crofnussiegdnee ynnUUed dwdh 1 oadsa|heooa�eed oaof*eomn wemwh�*nqrmadeinor|nunnn��ion�N|h8��$|;sx'omg . days after notice of arrival shall have been duly given, the Section Transport by Water carrier may sell the Property,3p AbjUp�tjQn)to the highest Wldsigna If all or any part of the Property islepo8d 11,Ypart of said bidder, at such place d§ may ed by e carrier. Prior and any loss of or damage to the' F:iro�'erf� bccurs)��11611[ i� in the custody of to any such sale, th6��O&�-tVp use commercially reasonable the carrier providing the water carriage, the liability of suc h carrier shall be efforts to notify you that the Property has been refused or determined by that Cqrr 'gill-1j, laoing-.and by the laws and regulations gs remains unclaimed, as the case may be, and that it will be applicable to tn it 6 oy whier. SU6N water carriage shall be performed subject to sale under the terms of the bill of lading if you do riot subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability. contained in the Harter A�t or the Carriage of Goods By Sea Act, as applicable. Copyright �o"pyngh/x00^^J.xsLLEnuASSOCIATES, /wc,Neenah, vw^ USA ^wowo27-6ow^~vA"keo°""o"`Printed /" the United ntat" STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE k ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 1 /28/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073F NSF Certirifedto ANSMSF BO GROSS: 74,300 TARE: 29,300 NET: 45,000 Subject tSection 7 of conditions, if this o COD FEE: Remit COD to: shipment is to be delivered to the consignee CO® A� qT. without recourse on the consignor, the consignor I V t Address: shallsign the following statement: Prepaid ❑ The carrier shall not m ke delivery of this City: State: Zip: shipme without payment refight and all other Collect ❑ $ IawRu arges. �Y NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES—' agreed or declared value of the property. The agreed or declared value of the property is hereby ' specifically stated by the shipper to be not exceeding $ Per (signatu of Cons gnor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the card e nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent od order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or c oration in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contalned, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). l This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: - ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: GREG GALLIMORE r r c.vr cvvv 800 424-9300 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 IJ By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property'), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a)h ' a� ri'of~or party in possession of the Property sha{I be liable promptly, the carrier, may, in..`t�,', I cj s r #tipn �r'Io prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, self the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in t e a al ;)vJj r�) llof ttjro"'PN Ptly 1 ea o aure� orecteive titfya�d delivery of the Property:1µ�( 0E'j f1-'i -if` by God, the ,ti;o-�th regttttltfirtrlcfigrlt�pb�Arcjgr�ej(Clis]tgrftit Property. (i) caused an act of ptfiA, eneirt , the authority of law, or any act or deffJh,*,by+yob a'and,:�`r. ltiuc owner of the (d) If the procedure described in subsection (b) and (c) is not Property, or f� al ��Jpnk�.qen�,>11110' 1 "stopped commercially reasonable, the carrier may, at its option, sell the Property uritler cs t'citc� ista ri sia�`itl is sr� t manner as may (ii) occurring while the Property is and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or I0 ($trikell") +5Z✓30 other lawful charges and the expense o n`gqtir�e advertisement, sale, and other necessary exp6t' " i' Idr caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property; if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed (#) , (f you,direct i{h arfia. to:c 1 liygr )9,F.roperty to a location where 1'lfz�fereist j�o7eE uitti-T ptgY d f eight agent, the carrier shall not upon in writing as the released value of the,,Prop"- — as be liable for any loss or damage to' Property occurring at such determined by the classification or tariffs upon Which the rate\(s based, such lower value plus freight charges if/p location after the Property has been unloaded at such location. Section 5 Valuable Items maximum amount to be recovered, whether ot� nof : ,Nh damage occurs from negligence.`�. f (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared (a) Claims against the carrier for loss of or damage -to- e,, roperty value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you, must be filed in writing with the carrier issuing Ith4Giz fjll;�fjrn� (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (sr;"iri-"c§e of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to maf�e�tgljvery, .t to ithir� nine months after a reasonable time fo�p'"d'efvery he's efa sect. All agreement to do so and a stipulated value of the articles are causes of action must be instituted wi�Nh ayi&� ear".116i wijng the date when endorsed on this bill of lading. written notice is given by the;.car#er to.t t at the carrier has disallowed the claim or any"•'pa Mt r' parts th. r of specified in the Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that, may . discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property, in the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment ,. Property. (a). You are primarily responsible for the freight and a!1 other lawful' Section 3 Method of Transportation charges, Unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be cpmputed. as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment., If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The Section 8 Effect of Shipper Signature stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the p tyy) e 4"tf�.((�••t re slue it, or said of lading, shall be considered a part of this bill o were written or made in or in connection rf� tl la, )ng. as fully as if the same i _ III'of-lading. consignee or party entitled to rb efveF a�ls to receive it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the P� aert, at pi, blic •auction)to the highest bidder, m`aj%iie�d2'slgt�iat d3b}% Che Prior If all or any part of the Property is eptriec� y e! ,veyy.fiq art of said route, loss damage to the Pr' rty i in the at such place carrier. and any of or c�ttccur! t)Wle•it custody of to any such sale, thesaryfar �jl use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that cartr'er.',s;lll, lading• and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transpart'�,ort l�y'�t"''va er.ibii1vater carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER S ASSOCIATES, INC., Neenah, WI • USA • (800) 327.6868 • %w:w.jjke11Lr.can; • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. CARRIER SHIPPER NO. CARRIER NO. 1 /29/2008 DATE TO: -INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER 910-843-2121 Number and .- HM Description of Articles of Packages 22.5. TONS OF BAUXITE SAND NSF cmtirodio ANSMSF B0 GROSS: 74,700 TARE: 29,700 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject Section of conditions, if e COD FEE: shipment is too be delivered ed to the consignee COD AMT: without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid El carrier shall not make delivery of this City: State: ZIP: shipment without paymen of fret and all other Collect ❑ Q!, lawful res. $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES agreed or declared value of the property. The agreed or declared value of the property is hereby FREIGHT CHARGES: specifically stated by the shipper to be not exceeding $ Per (Signs re of C signor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl, to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be,performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: ' 4 SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. ` PER: DENISE WOLCOTT PER: GREG GALLIMORE 1129/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 �J TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) If the ,P.roperty is perishable and isrefused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section I Li f Liability consignee or party entitled to, receive it shall fail to receive it 0 A-1 -7 "' ko promptly, the carrier, may, in.C&11 dMr9tQ,.1/ prevent a Yh 'arM or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, deterioration or further deterioration, Sell the same to the best except as hereinafter provided. advantage at privateor public sale. Prior to selling the Property; - b IVA, et caffier !hrall,usagmmerciq� I If ts to notify,you 1 .'16, Vb IJ - , 3A (b) The carrier shall not be liable for loss of, damage to or delay in 1 0 V­bf_11Ae P 0 0 ty"cAet IMMYT"16 receive it, and - delivery of the Property: ­101 MIDHIC) ]A reqL00 iaidi&0001�0rar*jq� ii� &.11611-3fN6 Property. tirgop.g,_,the authority of (i) caused by an act of God Y6 (d) If the procedure described in subsection (b) and (c) is not law, or any act or de 9 dAdir M owner of the commercially spg popa e, atits option, sell the Property, or fW, N, YI ._ i 'I , qjyjat��Vjin �Is4AW��J;Do Property i S-U'ch manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sdic made Under this, request, section to the payment of freight, demurrage, storage, and any defect or vice in the Property, or from riots or other lawful charges and thoi,qxpensvT yKe, advertisement, sale, and other necessary[I6 ' Mkg 9n - '6f caring for and d (c) To the extent permitted under the Carmark Amendment, the -maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, Such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not. sold hereunder, prohibited by law, where a lower value than actual value has I e.4 I tWpq >114vlarth'ik �operty to a location where been represented in writing by the shipper or has been agreed /i19Pr611]i1T rlci regularly `appointed fre-'FTnit'agent, the carrier.shall not upon in writing as the released value of be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon W Je r s location after the Property has been unloaded at such location• based, such tower value plus freight charges I pi le Section 5 Valuable Items maximum amount to be recovered, whether o, no Of damage Occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipblafed by the carrier on the face of this bill of lading plus. (a) Claims against the carrier for loss of or damago:10-ftp t . , �qp or Y any freight charges paid by you. must be filed in writing with the carrier issuing ithZigiklading' . (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property _(6_r,_i6'case _of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to ma,] V,'Vr4ti1Tery,. nine months agreement to do so and a stipulated value of the articles are after a reasonable time to eliv Cy has. sed. All causes of endorsed on this bill of lading. . -Mng the date when action must be instituted111viltiltyc 40) Section 6 Joint Liability for Hazardous Goods written notice is given by �J@i�aftpr to-yqqliat the carrier has disallowed the claim or any piiH or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim' or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid, without giving prior written notice to the carrier of their nature. At the discretion.of the carrier, any such.goods may be warehoused at-you,r,and the., !,(b) Th6�carrier shall have the full benefit of any, insurance that"may , ; . .; 1 1, 1 been affected okuneir's risk.an&ex)6enqe'6r destr6yed without compensation, have e UP061. or,oh,account of the �Property, in the Charge -and:Pay ment, Section 7 Freight b, eybnt� that the, carrier is liatilb, for, loss of or damage, to the -,,spo i;J -fr freight, all , other,fawful per y. pro t* You are primarily r( n iblefbi, the e and Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed. in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment rcconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or class ' ifications upon (b) Nothing In this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed -as require the prepayment ,or *guarantee of charges at time of therein provided), the carrier may notify the receiving party df�the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the'. (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles, actually shipped. Property in a public or licensed warehouse at the place of Section 8 'Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property'will be subject to a lion for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including .a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in.subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee Or the paq, eytqd1tq !�y�ive it, or said of lading, shall be considered apart of this,bill Of Ipdjnga jillyasifthe same "ding. were written or made in or in connection', -Mill', ti 9V consignee or party entitled to 1 1 f5ifs ?15 receive it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the PrtQper,1Wi at pulWic,-aupti�n-, to the highest If all or any part of the Property 1,9-cgied �,y A­,qJter* ypperipIart of said route, bidder, at such place 66"m�'a'y'vb'e�-)ddsignati3d'6j the carrier. Prior and any loss of or damage to the roper y occurs ;Aie'i? is in the custody of to any such sale, th(860'kiki�3h'@11 use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the , Property has been refused or determined by that carria , I ladjvW�and by the laws and regulations , CTeremains unclaimed, as the case may be, and that it will be applicable totransporthMk ,water. "r. SO& water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods. By Sea Act, as applicable. C Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, WI --USA - (800) 327-6868 - www.'Reller.com - Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 1 /30/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE, PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC.28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S.. DOT Hazmat Reg. No. 910-843-2121 062007 550 073F 22.5 TONS OF BAUXITE SAND NSF CertiBedt0 ANSLUSF 60 GROSS: 74,500 TARE: 29,500 NET: 45,000 Remit COD to: Subject to Section ir of conditions, if this COD FEE: shipment is to be delivered to the consignee COD AMT: ' Add,, d without recourse on the consignor, the consignor ress: shall sign the following statement: Prepaid ElThe carrier shall not make delivery of this p City: State: Zip: shipme without paymen of fret ht and all other Collect ❑ lawful rges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby FREIGHT CHARGES: specifically stated by the shipper to be not exceeding $ Per (signal of CbTwroPrepaid ❑Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent g d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate( below which said company (the word company being understood throughout this contract as meaning any person or cc ration in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t( deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and — are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE SHIPPER: ALCHEM, INC CARRIER: . ALCHEM, IN PER: DENISE WOLCOTT PER: GREG GALLIMORE 1/30/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 111-BLC-03 12267 1 CONDITIONSTERMS AND By giving the carrier Ahe property described in this bill of lading (the (c) 'If -the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a)$' Flai'ier or party in possession of the Property shall be liable promptly, the carrier, may in. ids,} d'r rtt} 3x�,�u prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, the same to the best except as hereinafter provided: advantage at privaate or public sale. Priforor to selling the Property, tij ca rri r, h i g e&fit e cigly re 9 a iforts to notify you .(b) The carrier shall not be liable for loss of, damage to or delay in �;# j at _af es � a#_ ,,46p�rty�, R�Q` 'U& e'o receive it, and delivery of the Property: 1 il,ji I��i;{ ,.s_f�1regtatiisrtt? c';rd�tiigtdisaban:e Property. (i) caused by an act of Gad 't}ieipubiiic.erom ,the authority of (d) if the procedure described in subsection (b) and (c) is riot law, or any act or defau1fbb a o'u adtocL i owner of the commercials reasonable, the carrier may, at its option, sell the Property, org�yEgA4ral,tiriniiagen, rq'II N 'P r a i eats, r i' CJ`,� ; z `�a �.,a_„^i d t r�1...?�.lr l Property t!n erC3i7C��'I+C�td�LC('CSt's3�(3es:ciitLl� if.}.$�+tG�i manner a5 f1"iay (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier sh'ail apply the proceeds of any sale made under this request, section to the payment of freight, demurrage, storage, and any ( ii) resultinq from a defect or vice in the Property, or from riots or other lawful charges and the exr',em^ of no' irk, advertisement, ii es. z�Ji) sale, and other necessary ex�a,, aid etr caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If fallowing payment of the preceding there is a established by -written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases riot scud hereunder. prohibited by law, where a lower value than actual value has ( �f;}go die . tlzi=jax €a� deliver thq.,Pvoperty to a location where been represented in writing by the shipper or has been agreed 6 '� i3idr s 3a larlI k-ap"bintdti fr'ei6f•it-agent; the carrier shall not upon in writing as the released value of the --Propene;, as be liable for any loss car damage to Property occurring at such determined by the classification or tariffs upon wrich the rate•.js location after the Property has been unloaded at such location. based, such lower .value plus freight charges ifih Section a Valuable Items maximum amount to be recovered, whether oz n o (a) The carrier's liability in connection with the Property is limited to damage occurs from negligence. l the lesser of the amount of your actual damages or the declared Section Piling of Claims the value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage -to pie pProperty any freight charges paid by you. must be filed in writing with the carrier issuing lth , I ,, in (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property-(or,-rn case-ddf specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m ke, f tivery, .thera,,a lithit, nine months a v r, agreement to do so and a stipulated value of the articles are after a reasonable time fo ,Iie�er' ha 'e3'a fsetl;'All causes of �` endorsed on this bill of lading. action must be instituted wi iW-31t Uc earOb-Ild wing the date when Section 6 Joint Liability for Hazardous Goods written notice is given by tit. erJr to.oVi that the carrier has r or parts th6rbof specified in the You, and if you are an agent, any owner of the Property, shall be Joint and disallowed the claim or any'pfa notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the tb) The carrier shall'have the `full benefit tif.any insurance. that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or n•;account cif the -Property in the Owner's risk anci expense or destroyed -without catripe.nsaticn, event - that the •carrier. is liable for loss of -or damage to the Sectipn1 Freight Charges aped Paynient Property, (a). You are {primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to recprovide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment identified i d or diverted bill a location other than the location and the point of destination. identified in the original hill of lading, you shall be liable for such additional charges. The respective liability of you and the Section 4 Responsibility for property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive.it pursuant to 49 U.S,C. § 13706. within the free time allowed by tariffs or classifications upon, (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free tirne to be computed -as . require the prepayment or guarantee of charges at time of therein provided), the carrier may notifyAhe receiving part}'"of the shipment. If upon inspection the carrier determines that the arrival of the. Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (it Intended for export). The carrier, in its discretion, may store the freight charges must be paid upori the articles actually shipped. Property in'a public or •licensed warehouse at the place of Section 3 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be.subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading; the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of iadin as fully as if the same refused by consignee or the n en tii d:jte gceive it, or said were written or made in or in conneotiort All tl f' i consignee or party entitled to receive`,f ails to lfe"ceive it within 15 : It a .lt�c`'iing. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the P�qw,,, Pq t, Tvi�i�liir �a�tct gnjto the highest If all or any part of the Property isEc.rr 13; ; rer v araY art of said route, bidder, at such place As may `Be designated' by The carrier. Prior - and any loss of or damage to 19 in the custody of to any such sale, the1y r,ri p 15�11 use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that our i 'si 4 . zf lad4 ag�and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportfir. S°66 water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability, contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. C) Copyright 2004 J. J. KELLER'& ASSOCIATES, INC., Neenah, W i = USA • (800) 327-8888 • wvvwJjkeller.corn • Printed in the United Sla. STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. l CARRIER NO. 1 /31 /2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET RED SPRINGS, NC 28377 STREET 8135 RED ROAD ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 VEHICLE NUMBER NSF CetttiFiedto ANSMSF 60 GROSS: 74,500 TARE: 29,500 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073E Remit COD t0: Subject to Section 7 of conditions, If this COD FEE: shipment is to be delivered to the c.nslgnee C� D AMT: • ,,1 1 without recourse on the consignor, the consignor .1 Address: shall sign the following statement: Prepaid ❑ The vier shall not make delivery of this City: State: ZIP: ship out payment of freight d all other Collect ❑ Q` lawful ar es. �p NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carder aA shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable stale and federal regulations; the Property described above, in apparent goo rder, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise ti deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained; including the conditions on the back hereof, which are hereby agreed to by the ship er and accepted for himself and hl: assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: , r ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: GREG GALLIMORE 1/31/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' If 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 L1 By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading, Section 1 Li, 14 t* of Liability EP � (a) i dArri6q.T f or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or.delay in delivery of the Property: 1001 (i) caused by an act of q9q rie,�)Oliq�?rapg�,,the authority of i, law, or any act or ddfei&�--, ilie owner of.the Pr operty, or fc (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. 0 1 defect or vice in the Property, or from riots or (c) To the extent permitted• under the Carmark Amenclment� the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the' released value of the.-0-r6p6-rty, as determined by the classification or tariffs upon 'A�iWrLhWjfj'Letiis CONDITIONS .(c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee.or party entitled to recgiv� it shai fail.tp receive it �, iJ promptly, the carrier, may, in.`VO4-,18o prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, car or -shall, us 'aA, -P,,a (forts to notify you r , ,WrVf,ne(,pi ,y i 0 �161'0amof- hle-'Pr8pkty 8Y To receive it, and req06M Ofe Property. (d) If the procedure described in subsection (b) and (c) is not commercially. reAspp4l�, pi o-N option, @4 ti sell the Property Lin _s rou -i' b a I so manner as may sU be authorized by law. (a) The carrier shall apply the proceeds of any sale made' under this section to the payment of freight, demurrage, storage, and 'any other lawful charges and thel-expqns�,% raTtip, advertisement, sale, and other necessary expenseof caring for and maintaining the. Property, if proper care of the same .,requires special expense. -If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder, there IS no r .3d'Icect f egd-hecaq (Ly tqjp�,Il r,the,troperty to a location where ly apf freid6l agent, the carrier shall not ' be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. --, ... 11 1-111 !-... P— ­­4­ 11R, li -11111011 0 11 maximum amount to be recovered, whether 4 0 Section 5 Valuable Items damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus .. tX (a) Claims against the carrier for loss of or damag'—fq-J-@"0ppe ,.,- ---r, any freight charges paid by you. must be filed in writing with the carrier issuing thing `(or, (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m6KOr`ddQ�ery 1146y"y1thi, nine months -�i 11 .. ' I - - - ­0 after a reasonable time forAe' vqy has c�a sed. All causes of be instituted i ing date agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. action must wit the when written notice is given by th.Fjr!aAJ'er to-Y97qtPat the carrier has Section 6 Joint Liability for Hazardous Goods disallowed claim or any'part' 6r parts thereof specified in the You, and if you_ are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have .the full benefit of any insurarice.that-may. discretion of the carrier, any such goods may be warehousedat your and the have been effected upon or- on account of, th'e',Property im the', - owner's risk and expense or destroyed without compensation. . event that the. carrier, is liable for - lbs of -6r'amage b, d tthe'e SO&Ion 7 Freight Charges and Payment Property., for f freight and'all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a). If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receivlrig'party of -the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion; may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill 1 %t)ftdl�q 1weive it, or said refused by consignee or the gar�y, of lading, shall be considered a part of this bill o� ��ir�ga� JuIly as if the same in in 41Sing. consignee or party entitled to ir�e-ceiv'd i( fails to receive it within 15 were written or made or connection days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the ffinVAIN jrA18-ft Xi?,%to the highest bidder, at such place A� may -be dgslg,h�le yl e carrier, Prior If all or any part of the Property isicw.'00 yzmt�mmny r -Ra t of said route, and any loss of or damage to the Pr6�'4rf� occurs whi a i is in the custody of to any such sale, use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that caqip,,,'�, bill,,qJ ladin and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transpor 'water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter.Act or the Carriage of Goods By Sea Act, as applicable. C) Copyright 2ob4 J. J. KELLER & ASSOCIATES, INC., Neenah, WI - USA - (800) 327-6868 - wrimIjkeller.com - Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. 2/1 /2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET STREET RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF ceFfirodto ANSUNSF 60 GROSS: 74,500 TARE: 29,500 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Subject to Section 7 of conditions, if this COD FEE. Remit COD to: shipment is to be delivered to the consignee C®D /� n �T without recourse on the consignor, the consignor /'11VI Address: shall sign the following statement Prepaid El carder shall not make delivery of this City: State: Zip: shipm without payment of freight and all other Collect ❑ $ lawf arges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier, nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent g d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicates below which said company (the word company being understood throughout this contract as meaning any person or cc oration in possession of the property under the contract) agrees tc carry to delivery at said destination, If on its route, or otherwise h deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hl assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). / This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: CARL JONES 2/1 /2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: If 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 ffroTiFpc By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 imitations of Liability consignee or party entitled to receive it shall fail to receive it (a) Z hte eaVrier or party in possession of the Property shall be liable promptly, the carrier, may, in,;1g'i1( dEs'Fr¢iti li,,j to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in>vii the 4§ aat�o +:o�reb eh`e''�Pt�dptylllol�itI�A4fforts to t� receive tia�d delivery of the Property: tI. t.tr (i) caused by an act of God,'the pu Ic endmvy, the authority of re ssiti x tf` Property. law, or any act or de'faulri:. V1, yolTIar calf fthe owner of the (d) If the procedure described in subsection (b) and (c) is not Property, or . a c�ral••shr.�nka e ° :-�•. •-• •,-t .. �. s : 9 �� rl� commercially reasonable, the carrier mays, at its option, sell the Property u4a_IE uc1i cuciapii ilur e513 ihJst�I manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any safe made under this request. section to the payment of freight, 'demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or other lawful charges and th o Ice, advertisement, sale, and other necessary oxp�t55 `�Pid Y caring for and (c) To the extent 'permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed (f) Ifs ou.dl ect he artier to dteWNIr � property to a location where '4'�hdre��ls ticreguiarly app�irir�ci frdigH�agent, the carrier shall not upon in writing as the released value of the,,>PrOpLarty as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon Which the_raie`,is location after the Property has been unloaded at such location. based, such lower value plus freight charges if; p h�{ ' • , > maximum amount to be recovered, whether o n of Section 5 Valuable Items s damage occurs from negligence. ,� r��z. l.,_- � (a} The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims �:, i ` _ �erty the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage -to~ ej i�i ,� , must be filed in writing with the carrier issuing �thie� i�,ofr; an freight charges aid b you. Y 9 g P Y ting within nine months after delivery of the Prope ety­-(or,-in-case df (b) The carrier shall not be liable in any way for any documents, export traffic, within nine months after delivery at port of export) specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special or, in case of failure to make Ad .ivery, : t1w- p,wa#Nn nine months after a reasonable time for d6Pver bars e{a�s`ed'All causes of agreement to do so and a stipulated value of the articles are Y action must be instituted w�NK_Iyb..d�yearsnitj�)d6 Ti ig the date when endorsed on this bill of lading. written notice is given by thet,eanriv to. -Ye t�tat the carrier has disallowed the claim or any'par'i or parts'thereof specified in the Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without' compensation. have been effected upon or on account of ,ttie Property, in the event that the carrier is liable for loss of or damage to the'. Section 7 Freight Charges,and Payment Property. (a) You are.primarly responsible for the freight and all other {awful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon'' (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as' require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving -party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The Section 8 Effect of Shipper Signature stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the p rtyy e !' 111 t.to e eive it, or said or to re�cef�ie i'tTaii�slfo'r 'ceive it within 15 of lading, shall be considered apart of this bill of ia4in ,.as fully as if the same ti :�t . were written or made in or in connectiori.a l in ti i� bill cif biding. consignee party entitled days after notice of arrival shall have been duly sent or given, the Section, 9 Transport by Water carrier may sell the Property at>, �.ijc a(agt'rt� to the highest bidder, at such place as may b'e`d lgr�ated y e carrier. Prior !f all or any part of the Property iste�e i�tgr;er avetrr�yart of said route, and any loss of or damage to the' roperRy cc rs i ifiA ti` i m the custody of to any such sale, thinipftyersfall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that cart er ts: I ,91 laa , hand by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportPitu�t ny water. n water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition, liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. _ © Copyright 2004 J. J. KELLEfl & ASSOCIATES, INC.. Neenah, WI • USA • (800) 327-6868 • m w. ikeAeccom • Printed in the United Slates STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM; INC. CARRIER SHIPPER NO. CARRIER NO. 2/4/2008 DATE SCAC. TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC. 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 91,0-843-2121 062007 550 073F and Type of Packages HM DescriptionNumber 22.5 TONS OF BAUXITE SAND NSF Certifiedflo ANSIINSF BO GROSS: 74,300 TARE: 29,300 NET: 45,000 Subject Section of conditions, i'th' Remit COD to: a A COD FEE: shipment is too be delivered to the consignee 1 -OD without recourse on the consignor, the consignor v AMT: Address: - shall sign the following statement: Prepaid ❑ The carder shall not make delivery of this City: State: Zip: shipm without ayment of freight and all other Collect ❑ W lawl arges NOTE: Where the rate is dependent on value, shippers are required fo state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signatuof Consignor) ip ❑ Prepaid ❑ Collect re RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carder nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent g d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or co ration in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706( c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and //;�� are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE ALCHEM, INC ALCHEM, IN . SHIPPER: CARRIER: DENISE WOLCOTT CARL JONES PER: PER: 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). . '211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to, allot the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Qrpitatiops of Liability consignee or party entitled to receive ittpshall fifail tto receive it (a) ` h ca ri6r or party in possession of the Property shall be liable promptly, the carrier, may, in.,_it01 cjlstAtr �.cJAo prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, {b) The carrier shall not be liable far lass of, damage to or delay in t{- jj ,t oars . I li us Er. omr�teJ�cia X jre orlaiai��fforts to notify you deliver of the Property: o n re u di�ofi t ie Pf"op rt}r'ol t� fallU)e is receive it, and Y; ls` requegProperty. (i) caused by an act of q , tt�e p0oi�ct.�enp�nynthe authority of (d) If the procedure described in subsection (b) and (c) is not law, or any act or d o f-b0 yo:Tdfid7or rtf5b owner of the commercialiy,.r asonabi' tl�e., rr..ipp - atri;s option, sell the Property, . , 3 . or rsr t ral� inK c e�4`,f )A; �; Property under`-sdo etauri s{ C&61akj ih]suoh manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law, your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this` request. section to the payment of freight, demurrage, storage, and any (i'qp tesultirVrgmA defect or vice in the Property, or from riots or other lawful charges and the, expen¢q%(A ippVi ,p, advertisement, at0l 4 v.� t ' sale, and other necessary" t5kj�jns anti of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall -be paid to the owner of the Property written agreement between the carrier and you. In all cases not- sold hereunder, prohibited by law, where a lower Value than actual value has p )Fj �[f`yo!!di( gtt�;ozzegr eT toj#![�or,the, Property to a location where been represented in, writing by the shipper or has been agreed there i� no reguiarly ap�'oinfed freig tt"agent, the carrier shall not upon in writing as the released value of the=P`r l5eirty. as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon V� i h. e te"ys location after the Property has been unloaded at such location. based, such lower value plus freight charges i l `pahe f' Section 5 Valuable items maximum amount to be recovered, whether or no or damage occurs from negligence. ty ` (a) The carrier's liability in connection with the Property is limited to Section 2 Piling of Claims, x'� the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage- tq;&;jf;rOperty any freight charges paid by you. must be filed in writing with the carrier issuing his=bi3l�t€fialing' (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property Tor, in case, of,.. specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m�1&tgWbry,-t7.'6NI.A (h nine months agreement to do so and a stipulated value of the articles are after a reasonable time N. Clip ve y has.. lapsed. All causes of '� , . � � � endorsed on this bill of lading. action must be instituted w irf•two�years oi16*11ng the date when Section 6 Joint Liability for Hazardous Goods written notice is given by th ;!wca ker to'yg6%.Jiat the carrier has disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of,the carrier, any such goods may be warehoused at your,and the have been effected upon or on account of the Property, in the owne.'s.risk and expense or destroyed without cornpehsation. event that the carrier is liable for Idss of or damage to the Section 7 .Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the. right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to, be .computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party enit#d; to r�peive it, or said consignee or party entitled to receive it'faiis to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Prope rty;.at�ptgb jp a {tiom to the highest bidder, at such place as may 66esign deafed by the carrier. Prior to any such sale, ihGijriiall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is.isstied on the order of the shipper, or his agent, in exchange or in substitutlon for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bile of lading, shall be considered a part of tltijjbJJI of jadi?.ps fiully as if the same were written or made in or in connection-ih it lfiiI -e vtf-la'ciing. Section 9 Transport by Water If all or any part of the Property isjcarried �y)msteTjov�r.�nypart of said route, and any loss of or damage to the` (properly occurs while If is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that car 's; bilH i laoingiand by the laws and regulations applicable to transportation t5y'W'a er. SV water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the. Carriage of Goods By Sea Act, as applicable. Copyright 2004 J. J. KEL LER & ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • www,&eller.cam • Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE SHIPPER NO. CARRIER NO. ALCHEM, INC. 2/5/2008 DATE 'ARRIER SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM,, INC STREET STREET 8135 RED ROAD. RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF, BAUXITE SAND VEHICLE NUMBER NSF Cerfifiedlo AN'SMSF 60 GROSS: 74,300 TARE: 29,300 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD t0: Subject to Section 7 of conditions, if this COD FEE: shipment Is to be delivered to the consignee CAD AMT. • without recourse on the consignor, the consignor Address: a shall sign the fallowing statement: Prepaid ❑ City: Stale: Zip: The carrier shall not ,1, slivery of this shipment without payment off h dell other Collect ❑ lawful ges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per Signature of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier d shipper. If applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are avallabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent go order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or co ration in possession of the property under the contract) agrees to tarty to delivery at said destination, If on its route, or otherwise ti deliver to another carrier on the route to said destination. It Is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hl; assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). 77,1777 This is to certify that the above -named materials are properly classified, described, packaged, marked, and. labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE ° SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: CARL JONES DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). ?11-BLC-03 12267 .By giving the carrier the property described in this bill of lading (the (4 If the Property is perishable and is refused by the consignee or ^PropmdM.you agree mall of the terms n/this bill of lading. party entitled to receive it at the destination location, said Section Limitations of consignee or party entitled to receive it shall fail to receiveitLiability quY1ho�mpeMynU�|be)ia�o (e)9���r�r-party promptly, the carrier, may, i' ��y| ,m� .°, prevent ,----i-� - as at common |mm for any loss oforgamogo to such Property,' deterioration or/o�herdatmrionyUon aeUthesame tothe host except aahereinafter provided. advantage at private or public| Prior to sellingthe Property, The carrier shall not be liable for loss o� damage to or delay in ft notify �fforts to -' ' ou d(b) ������-- -mookmit,an- 0_�_8..__ do|��ryofMho�rmpp�^y� -/ ({) �d by �'"°nf ` g��pmpany mqu __�� '=~ oact ` or (d) If the procedure described in subsection and (c) is not commercially reasonable, the carrier may at its option, sell the Pr-,-r`' or Prope uno�n�nmn«zmw?�ewmwmuvn�/mooinmanner aamay (ii)occurring whi|ethePmperOiastopped andheld intransit at baauthorized bylaw. your request orthat ofany other party entitled tnmake such The carrier shall apply theproceeds of | d dthis request. `' section to the payment of freight, demurrage, storage, and any _00 uda��orvice inthe Pmpe��orhnmh�ao/ I STD����e�����8O h lawful h d h other --°--- sale, and other necessaryl caring for and (o) To the extent permitted under thaCarmark Amendment, the maintaining the Property, if proper uana of the same mqu|nm liability ofthe carrier for the Properly may be limited mavalue special expense. |ffollowing payment ofthe preceding there |ae established bywritten orelectronic declaration byyou orby balance, such balance shall bepaid mthe owner o(the Property written agreement between the carrier and you. In all coeaa not sold hereunder. prohibited by law, where a lower value than actual value has been mpesonted|nw,i�nQbythe uA�perorhas been agmed ,(f)° innwhere �\�p3� [��i��agent'the carrier shall not upon in writingh | d value of th determined by the classification ortariffs upon be liable for any loss 6rdamage to' Property occurring at such location the Property has been location. after unloaded a/such based, such lower value plus freight charges ' maximum -amount - be -recovered, whether- - Section 5Valuable Items --m-"------'-"'g-- vi, � k4 Thooania/s|iabi|i�y|noonn��ion*@h��aPmpoUy�iimi���o \ ./ Section 2Filing nfClaims �~ the lesser ofthe amount v(your actual declared value stipulated by the carrier on the face o`~bill flading plus (a) Claims must be filed writing with the carrier any freight charges paid byyou' "' nine months after delivery of the �rope�ty,�or.ti*n'c"a-s"e�o'f 04 The carrier shall not be liablein any way for any documents, export traffic, within nine months after delivery at poh of export) specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special afterwithin or. in case of failure to make,dell Eery, tI)qnrkyJthj9 nine months "a '="""a"= �tim= "" agreement to do so and a stipulated value of the articles -are action-- --'- instituted- '---` endorsed onthis bill oflading. written notice is given by P-ppartipr to. -you, tPat the carrier has Section G Joint Liability for Hazardous Goods disallowed the claim or an�"pla-e't"dr"'parts',n�'rbof specified in the You, and if you are an agent, arty owner of the Properly, shall be joint nd notice. If your claim or action is not filed or inst I ituited properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the y� The uaversha|have hafuUbo e@ o� ..='e"°""' '-�-ntf - the carrier, any =^" goods "' "e w"='""" `v"°'a'""= ' have beenuppnnron othe the .n owner ahsk.andexpense ordestroyed whhout compensation. . ' event that the `barrier is liable for. loss' of or' damage �° � ` �raQht ChaoJeyandPayment � Pmpnny�. �� � ��� � `�� �� '. �0$ \bu�e �. Section 3Method of Transportado n charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose e face ~' this bill ~ lading ^that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the,right in case of physical necessity to provide erroneous information that results in the shipm ent being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Illesponsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) U the Property is not removed by the party entitled to receive, it pursuant 1o48 U.8{�8 18706. within"the "=e "'= allowed by tariffs""or classifications "p"". (b) Nothingo{ '- �- -� - -�~ -�� ������ ��� �� �� which �a � based, (such ��o time berequ '"= � °"'re e prepayment or guaranteearges of therein provided), - shipment. If upon inspection the carrier determines that the arrival of the Propertyarticles shipped are not "those described ". this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in - public- or licensed - warehouse --- at the place of Section Effect ufShipper Signature' delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, -including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's Signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election � � --�'-'-----~ ~~~'^'^~'~~ ~ bill of lading liability, such prior ~^' refused by` &ve it 15 of lading, shall be considered a part of this bill of lading as fully asKthe same �or wmmnn,mm�emo,moonnn000n/mmmt��//mO��ong. -consior within ' days after notice of arrival shall have been | the Section Transport by Water carrier may sell the Property,at M fi ri..to the highest ---'------ as ' If all or any part of the��� -- any loss` of or damage to the'Or- ' r9i ig in the custody of to any such sale, thd1CeM!ALiD!T�flI use commercially reasonable the carrier providing the water carriage, the liability such carrier shall be efforts to notify yot.�'f��Cthe Property has been refused or determined by that cjrrifr,s 41QI,­q� la and by the laws and regulations T013"cTnater remains unclaimed, as the case may be, and that it will be applicable to transporta lorf bj%jM6r. carriage shall be performed subject to sale under the -terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods BV Sea Act, as . , applicable., mCopyright 20o4-^^xsusnu^aaoomrEeINo Neenah, vw^USA ' 'womo27-6um^°°°ukcl1e="m^Printed * the United States ' STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/6/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROADROCKWELL, STREET RED SPRINGS, NC 28377 STREET NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF COF itredt0 ANSMSF 80 GROSS: 75,300 TARE: 30,300 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 660 073F Subject to Section 7 of conditions, If this Remit COD to: shipment is to be delivered to the consignee COD FEE: C0� AMT: A,,1,J without recourse on the consignor, the consignor ddress: shall sign the following statement: Prepaid ❑ Th carder shall not make delivery of this City: State: Zip: la pm without payment oQ. f freight and all other Collect ❑ laver arges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Si a re ofConsignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the cancer nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabt to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent g d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or cc ration in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and � s � are in proper condition for transportation according to the applicable regulations of the Department of Transportation P .ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: CARL JONES 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the "Property"), you agree to all. of the terms of this bill of lading. Section Lir o4F�dt8r#�ur partyi possession o(the Property shall heliable as at common law for any loss ofordamage m such Property, except uehereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery nYthe Property: 011/11 (i) caused by an act of Gu5q. LhIp"pulp-lic. ne- - -the authority of law, or an� &A owner of the Property, ortte0q) (ii) occurring while the Property is stopped and held intransit eu your request nrthat o/any other party entitled u`make such request. ��) de�o' urv�ointhe Pmoy Property, nor "6��O��IT�D��v (c) To the extent permitted under the Curmadk Amendment, the liability ofth i for the Property may be limited to a value established by wriftew or electronic declaration by you,or by written agreementbetween the carrier and you. In all cases not prohibited by law, where a lower value than actual Value has been represented in writing by the shipper or has been agreed upon in writing as the 'released value of the­rr_j��qy,.,as determined by the classification or tariffs upon 6 is based, such lower value plus freight charges dpa-i jigh'e maximum amount to be recovered, whether o�' no or damage occurs from negligence. Section Filing ofClaims (a) Claims against the carrier for loss of or damag6 tt&ffi -.0fo dff must be filed—'n writing with the carrier __n°l within nine months after delivery of the Properfy (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to mi�k?qFdejery, [ITO nine months after a reasonable time foL i ti vpr.y has-.,gla sed. All causes of action must be instituted wit i 61'1�ear�44 kling the date when written notice is given by �)q(qa rTpr to ygq..t�hat the carrier has disallowed the claim or an par or parfs fGeof.specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. ' (b) Thn'oanurshall have, the.fd/benefit insurance'that may hyvo been effected, upon orm?account ofthe' Property in the _event that. the �cnn1eris liable for kma of or. dana0p`k,th� pmPe�y. .' Section 3.Method of Transportation Except carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. gection4 Responsibility for Property (a) If the Property is not removed by the party entitled vo receive it within the tree time |Nwnd by tariffs or classifications upon' which the rate is based, (such free time to be computed. as therein provided), the carrier may notify the re&eivirig'pa'�Jy-of -the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may siore the Property in 'a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other ' lawful okargoe, mo|uUmg a reasonable charge for storage. The carrier's responsibility shall bethat ofowarehouseman only. (b} Except as provided in subparagraph 4(c) refused by consignee or the LD�V� e�tjtlf �peive it, or said is consignee or party entitled to r6ceive! I f5i s to receive it within 15 days after notice of arrival shall have been duly sent or given; the carrier may sell the Property5At.,p ,liblic app�orr)to the highest bidder, at such place as may b43-de'si af86 Q`Ihe carrier. Prior use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. ����������(����� ~°~^^.~~...~°~~�� ' (c) If the Property is perishable and is refused by the consignee or consigneeparty entitled to receive it at the destination location, or said e' carrier, / i"���> �o rty entitled to receive it shall fall to receive it deterioration or further detehoraUon, aaUthe same mthe best advantage at private or public sale. Prior to selling the Property, al notify you '~�' enoivn it, and Pmperty. (d) If the procedure described in subsection (b) and (o) is not oommomi| ��p�p��opdon.sell the P,npe,tyu~d���6'�H���s��—0MdihisuE6manner aumay beauthorized bylaw. (e) The carrier shall apply the proceeds of any saleadd this section to the payment offreight, demurrage, storage, and any other lawful charges and th �i advertisement, 4' oo|o' and other necessary' AhAd 9&oaring for and maintaining the Property, if proper care of the aama requires special expense. If following payment ofthe preceding there is a balance, such balance shall bepaid mthe owner o(the Property sold hereunder. WR' 4eagent, the -carrier shall not e be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section Valuable Items (a) The carrier's liability inconnection with the Property islimited m the lesser of the amount ufyour actual damages urthe declared value stipulated bythe carrier onthe face ofthis bill o/lading plus any freight charges paid byyou. (b) The carrier shall not be liable inany way for any documents, specie, nrfor any articles ofextraordinary value not specifically rated in the published classifications or tariffs unless a special agreement toduaoand astipulated value ofthe articles are endorsed onthis bill o[lading. Section Joint Liability for Hazardous Goods You, and if you are an agent,any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discre,ti,on of the carrier, any such.goods may be,warehoused at your,and tile owners nSK and.expense or destroyed without compensation. . Freight Chardes and Payment ' $A, You are primarily responsible for the freight and lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (b) Nothing in this bill of lading shall limit the right of the carrier to require �shipment. If upon inspection the carrier determines that the ` articles shipped are not those described in this bill offading, the ` freight charges must Uapaid upon the articles actually shipped. Section 0 Effect mdShipper Signature )fthis-bill oflading isissued onthe order ofthe shipper, orhis agent, in ex change or in substitution for another bill of lading, the shipper's signature *othe prior bill oflading aoWthe statement ofvalue orotherwise, orelection ofcommon law orbill nflading liability, inorinconnection with such prior bill of lading, shall beconsidered epart ofthis,b8 ooifthe same were written ormade inorinoonnaotio*4itMtAR;.6i|ynNa8ing. Section Transport by Water f all or any part of the Property i of said route, rc and any loss of or damage to the ropeIrty`66curev�hile'if i§ in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that cw.ie applicable to transportariUri by Wer.§U water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as mCopyright u00^�J.vsuEn&ASSOCIATES, mC..Neenah, wx`USA `mowo27-6o68^°=°Jik"lle="rn^Printed inthe United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2n/2008 DATE TO: INDUSTRIAL & AGRIC'CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Ceriifiedto ANSMSF 60 GROSS: 76,200 TARE: 31,200 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject o Section 0l conditions, it e COD FEE' shipment is to be delivered ed to the consignee D AMT: ' without recourse on the consignor, the consignor Address: shallsign thefollowing statement: Prepaid ❑ The carder shall not make delivery of this CI State: Zip: shipment out payment o} freight and all other Collect ❑ $ lawful c es. Y� NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signal re of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the cards and shipper, If applicable, otherwise to the rates, classifications and rules that have been established by the carder and are avallabls to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent gg ed order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or cotporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise h deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). If This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER• ` ALCHEM, INC ALCHEM, IN . SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: CARL JONES 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 ,. TERMS By giving the carrier the property. described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section i p�Lj}mitaKions of Liability (a) he•carner or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: rjl ����iM j rt (i) caused by an act of Gad, the p0b ic,enemyrthe authority of law, or any act or ddddlt<.bytyci tf iid7bt iEkte owner of the Property, or fgir,mafural3hrinl ffrl r l )o53 (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (''i) resulting from a defect or vice in the Property, or from riots or (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as' the released value of the..•Propbrtyas determined by the classification or tariffs upon ri ich the rai4:: s based, such lower value plus freight charges ifl p I_ 'fl, I th maximum amount to' be recovered, whether o nd ) o damage occurs from negligence. �'3 Section 2 Filing of Claims - / (a) Claims against the carrier for loss of or damage to the,Fgoperty must be filed in writing with the carrier issuing,th(i5r,9F. ing within nine months after delivery of the Property"(or;'iii-case-'of export traffic, within nine months after delivery at port of export) or, in case of failure to mft,,,l�jvtery,•tfben,,iVjt.`�ir1 nine months after a reasonable time foi'i elivery has'etapsesiAil causes of action must be instituted w00&y>t'o ears:66Nng the date when written notice is given by tfnicarx�r to.-youi t at the carrier has disallowed the claim or and part tiI parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such blalms may not be paid. (b) The carrier, shall have the full benefit of ariyinsurance that may have' been effected upon or on account of the ,Property Iin. the event that the carrier is liable. for loss` of or damage to. -the'. Property: Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for (Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility -shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party, e tjtl dito feceive it, or said consignee or party entitled to rece vc t Ya is i TW6eive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property,at-oaplic augg?rr to the highest bidder, at such place as may bres� 11 tttid 15�'tie carrier. Prior to any such sale, th'ca+ra,plail use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to, receive it., promptly, the carrier, may, In. jU 1 0t�S r ttt i ,i a prevent deterioration or further deterioration, sell the same to the best advantage. at private or public sale. Prior ato selling the Property, "j � %o � fisal�(6fst{reC Pr p �l o,�• �� iall �Ffur b receive Iforts to tit, ya�d �: requis`tiirUrtu)nis�rdigclissit3rfe Property. (d) If the procedure described in subsection (b) and (c) is not commerciaiiv reasonable, the carrier may, at its option, sell the Property undart's edits lrc>Jrrrstama ? efd i@s Ai manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and thef,�?pse s f i�o�i, , advertisement, sale, and other necessary ex�erise" Rnd of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be.paid to the owner of the Property sold Hereunder. f(&.f.You (441vtt 1b,",-arkertQjOlili,,u� r10(�,Property to a location where there s 7o rcrgblar( Yp�r4il`r fkight agent, the carrier shall not be liable for any loss or damage to Property bccurring at such location after the Property has been unloaded at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of, the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section i Freight Charges and Payment ' (a)' You are primarily responsible.for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706, (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of 1a4ingg,.__as fully as if the same were written or made in or in connection _Mild(, t3`1 .:Fstfll10 .1,`ting. Section 9 Transport by Water If all or any part of the Property isicrd`ed Ycyvatet, t gypart of said route, and any loss of or damage to the Ilrape'rty occirs wnlle l is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that c�crier s, bli>c f laoi. ,and by the laws and regulations applicable tc transport'at{d�i Eby ivMdr. S6llh`water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. 0 Copyright 2004 J. J. KELLER & ASSOCIATES, INC.. Neenah, WI • USA • (600) 327-6666 • www.jjkoller.coni • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 3ARRIER SHIPPER NO. CARRIER NO. 2/8/2008 DATE SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE.PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP. ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 062007 550 073F ..Weight Number and Type Packages HM Descriptionof Class or 22.5 TONS OF BAUXITE SAND NSE Cmttrodflo ANSPINSF ilk GROSS: 75,100 TARE: 30,100 NET: 45,000 Remit COD to: Subject o section r of conditions, if,his shipment is to be delivered to the consignee �OD COD FEE' ' ,.1,,I Address: without rem eon the consignor, the consignor shall signt ollowIng statement: AMT: Prepaid ❑ City: State: Zip: Th c mer shall not make delivery of this shipme ithout payment f f 'ght and all other r Ellawfu h gas. Collect NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per $ ❑ Prepaid ❑ Collect (Signature of Consignor) RECEIVED, subject to Individually determined rates or contractg that have been agreed upon in writing between the carrier acid shipper, If applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below which said company (the word company being understood throughout this contractas meaning any person or co ation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise to deliver to the to destination. It is to Propelty, destination in another carder on route said mutually agreed as each carrier of all or any of said over all or any portion of said route to and as to each party at any time Interested all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: DENISE WOLCOTT CARL JONES PER: PER: 800 424-9300 2/812008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 1 TERMS By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 '.G %� Cations Of Liability (a) ` # fz`c carrteY or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act of Go cj {>1le,pptlic enjti�y,the authority of law, or any act or detiu�t by' ai'rd or owner of the Property, or ,tat ttayUYaltishr,lnk,rge" t'lr ; .,�f,_ ?'`: (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. 4!ij), respltirtg.from.i defect or vice in the Property, or from riots or trlkes (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of thgp- Property .,as determined by the classification or tariffs upon,wl ' e,. a is based, such lower value plus freight charges iI par i h� maximum amount to be recovered, whether of n6 Jr damage occurs from negligence. Section 2 Piling of Claims_.. - (a) Claims against the carrier for loss of or damage, tqJ) e,Ptgj?erty must be filed in writing with the carrier issuing ithis;b'iti:ofwiading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to me-P fi:16I;ibry, t'dn'wii€thin nine months after a reasonable time for..d9livery has.,elapsed. All causes of action must be instituted wi'lhit`tltv�0`=years fdlfolf ving the date when written notice is given by tl]q. iapr er to'ycitlil:that the carrier has disallowed the claim or any hart' or parts fhereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier, shall have the full benefit of any insurance that may have been effected upon or on account of the Property in, the event that the' carrier is liable_ for loss of or damage to the Property., Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading. the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based; (such free time to be computed as therein provided); the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. Tile carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below; it the Property is refused by consignee or the party! e l#ti 'djlQ Ceceive it; or said consignee or party entitled to 'recelvd if faris to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property;at:)pu5bJC, al Bonito the highest bidder; at such place as may be designates file carrier. Prior to any such sale; use cornmercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled tc, receive it hall _fail to receive it promptly, the carrier, may, in.f.i !discsP-PO1.,.ldo prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, ..tbE carsjjir.smell use r>mjVerrci�N s j> sogablq (forts to notify you `- of tYte istal or Ctrs t�tap rty or t Pie failure 'to receive it, and req tat isaS;aic i sps::lgadfihi�c�isl�isi{sri;;3 i� Property. (d) if the procedure described in subsection (b) and (c) is not commerualty,reasprsahle ti;p .r rrr-r.may )at,its option, sell the Girt t mstari �rc{ ih a sdir manner as rrlay Property uniiOr-saoh be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and th€l:px� l �s #.e yotige, advertisement, sale, and other necessary' &p�nse anc! of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. r(} .);1f-youlgifcq th _pardon ta!,.rli r rttn fpoperty to a location where there is no regularly appointed frefgN agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section 5 Valuable items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 5 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of 'he Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives; dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier. any Such goods may be warehoused at your and the -owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. if you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. 'The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706, (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. if upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 9 Effect of Shipper Signature If this bill of lading is 'issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this,bill o� Vdin,g.aq Pully as if the same were written or made in or in connection-wliiir tints-uiilto, idding. Section 9 Transport by Water If all or any part of the Property ispa:arljoof said route, and any loss of or damage to the OrnperEy occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that c r.�i � i11; laeij !and by the laws and regulations applicable to transportation iiy water. Sue water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. O Copyright 2004 J. J. KELLER & ASSOCIATES, INC.. Neenah, wl - USA - (800) 327-6868 - ,". r.jjkelieccom • Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/11 /2008 DATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Cedifiledlo ANSMSF 60 GROSS: 75,100 TARE: 30,100 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Subject to Section 7 of conditions, if this COD FEE: Remit COD t0: shipment is to be delivered to the consignee®® AMT: FEE: ,.1,.1 without recourse on the consignor, the consignor Address: shallsign the following statement: Prepaid ❑ City: State: Zip: The carrier shall not make delivery of this y• shipment ' hout payment of freight and all other (�•QIIect ❑ $ Y lawlul ch es. W NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby Q specifically stated by the shipper to be not exceeding $ Per (signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier a shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo rder, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corp tion In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to p the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: -_ '_— SHIPPER: CARRIER: . ALCHEM, INC ALCHEM, IN PER: DENISE WOLCOTT PER: CARL JONES 2/11 /2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 IJ By giving the carrier the property described in this bill of lading (the (c) if the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it Pam: ;_ �;� (a)• i-i; o r i »•or party in possession of the Property shall be liable promptly, the carrier, may, in'-j,�sjjd�scr jtci�rl,�/to prevent deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided, advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in 1 JL,11 t � Igr 5.V LIT cq e;,cJgIIv r psmablet &rts to notify you o ���iti`sal-of.•th {arty % tfi� ta+l�us' Ito receive it, and delivery of the Property: ") 1 `the �P ~7�{ ,ta �uhlllc regw�ytj i¢ ruction a� Ark P i� l t9i qt its. Property. (i) caused by an act of God, law, or any act or dd130l-b.y�yoir:fYid%b2 erieffi , the authority of t kie owner of the (d) if the procedure described in subsection (b) and (c) is not Property, or IT- %ural-shriinkage��,p� X:: , hi commercially reasonable, the carrier may at its option, sell the Property undeiCs'uoh �FG�trri�t� a?&�i�a t� ic�}i s>iich manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such _ (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) resulting from a defect or vice in the Property, or from riots or i C, "st�i} ( other lawful charges and the x f�ex ,e.n o . otjc , advertisement, ' fid'd e� .I aC�(l sale, and other necessary 41is caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed (() y �(f, ou,dife� yt}�e�ear jer t lcioliver tht;-. ?-roperty to a location where S_J f1r` G reF. ""t terels h6 gutlarl Pap ;otn dc1 fr igitf agen#, the carrier shall not upon in writing as the released value of the..Pr6perty as be ilabie for any Toss or damage to Property occurring at such determined by the classification or tariffs upon�n/hich the ratetiis location after the Property has been unloaded at such location. the based, such lower value plus freight charges if; p V114. maximum amount to be recovered, whether o�no Section 5 Valuable Items damage occurs from negligence. I (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims ' � the lesser of the amount of your actual damages or the declared � � value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage-to,-the:P`roperty must be filed in writing with the carrier issuing ithp','�'' in any freight charges paid by you. within nine months after delivery of the Property ar, rn'ca e �f (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port ofexport) rated in the published classifications or tariffs unless a special or, in case of failure to m ke � pl.ivery, .tlypt3,wikhir nine months agreement to do so and a stipulated value of the articles are after a reasonable time fo �er� haPel V4d: All causes of lit)e action must be instituted wig,ifsntt%tfP.rears:f6FOd 71ng the date when endorsed on this bill of lading. written notice is given by I% a,rier to.•yoE lthat the carrier has disallowed the claim or any'-paaa- r parts'R r6of specified in the Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shali.have the full benefit of any, insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected •upon or on account of 'the' Property in the owner's risk and expense or destroyed without compensation, event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges; unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receivirigparty of the • require the prepayment or guarantee of charges at time of arrival of the Property at the destination or at the port of export shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion; may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The Section 0 Effect of Shipper Signature stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the pasty en, tle�t .fo receive it, or said consignee or party entitled to ref jve 1t�fiarfs�to�r�ceive it within 15 of lading, shall be considered a part of this bill of ladin as fully as if the same were written or made in or in connection v{�i`�I}t (ff!r..kilfo$.la"ding. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Prope rty,�t.d, gPIjp a�j.��cction• to the highest bidder, at such place as may bd c} 'Algrtatdd�iy'the carrier. Prior If all or any part of the Property isjearried � �ssatet oy a, n part of said route, and any loss of or damage to the Orop�tty`dccGr�v!iff 'it` r in the custody of to any such sale, thep rr(etrrshatl use commercially reasonable the carrier providing the Water carriage, the liability of such carrier shall be efforts to notify you tl�al the Property has been refused or determine ! by that ctg&iF, .5 b�l, pf ladi and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transport`as to r' i y'vrat r. h`water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. O Copyright 2004 J. J. KELLER & ASSOCIATES, INC.. Neenah, WI • USA • (800) 327-6868 • mvw.jikeller.com • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 2/12/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 062007 550 073E X, NSF certified to ANSMSF 60 GROSS: 75,050 TARE: 30,050 NET: 45,000 Subject to Section 7 of conditions, if this Remit COD to: D F shipment Is to be delivered to the consignee®® AMT: �1 1 without recourse on the consignor, the consignor Address: shall sign the following statement Prepaid ❑ The carrier shall not make delivery of this City: State: Zip: shipment without payment of freight and all other $ Collect Ellawful NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signatum of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent go d older, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise ti deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and , are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: ALCHEM, INC CARRIER: ALCHEM, IN(f - PER: DENISE WOLCOTT PER: CARL JOKES /20 8 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading, party entitled to receive it at the destination location, or said Section 1 Limitations of Liability (a)t' �t`e•�ar error party in possession of the Property shall be liable consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in.� II di Uc At it,i i'o prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in � - �( Y t �ePfof}o>��o efciaJ YatrltYooleceiverts to otitya�d delivery of the Property: �.)j €€� I_'I J I g offfi��efts�! regQ t,ills( 4�{r` r1 �€ ircjsl e���isp�si€rbr(yofi•ftk'e Property. (i) caused byanact ofd t•p�(E�lic�era;y,_the authority of a ' ' f iai, (d) if the procedure described in subsection (b) and (c) is not law, or an act or d a i dT hs° owner of the Property, or f�pt 2UraYS�} �inkage3�l�/,�f (� =`j commercialty,,rp*onahl the c(arrie mar at i s option, sell the Property una6r"sltch otirc nisFa�i•>Lt a�ii injst�c manner as may (ii) occurring while the Property Is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any s. C4iij)�( ultiqq,f,rqrriq defect or vice in the Property, or from riots or i r + -' stakes: • �� <=f -} other lawful charges and the,ex _ en etjq� n advertisement, sale, and other necessary l (� Oh e �an�i c caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value, special expense. If following payment of the preceding there is a established by written or electronic declaration, by you or by'• balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed `(f). � f,youi�e1c# t er.gas(tier ld fiTr�pe efoperty to a location where ere no freigfitagent, upon in writing as the released value of the-'hrope'rt)�, as th?c IS regularly appointethe carrier shall not be'liable for any loss or damage to Property occurring at such slocation determined by the classification or tariffs upon w4xi after the Property has been unloaded at such location. based, such lower value plus freight charges i p�hSection 5 Valuable Items maximum amount to be recovered, whether or, nof damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to ' Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared �, value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage to;;1k1ejF,ipp6ety any freight charges paid by you. must be filed in writing with the carrier issuinglthtit#ltx-,wing (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case .of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to mate` ,(017,ery,.l4Taf-.X'Vk1#h nine months after a reasonable time for d l' ;y has'de sed. All causes of be instituted dl(owfng the date agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. action must wit�i'i years when written notice is given by ti)r3)L4arYjer to yc.M.Apat the carrier has Section 6 Joint Liability for Hazardous Goods disallowed the claim or any part or parts thereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) . The carrier shall, have the full benefit of any insurance that may discretion of the carrier, any such goods may be -warehoused at your and the owner's risk'and expense or destroyed without compensation. have been effected upon or. on account of the Property in the event that the carrier is liable for loss of or,' damage to the Section 7 Freight Charges and Payment Property. '(a) You are primarily responsible for the' freight and all Other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in, this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the Pa ty e jjt�d tq ceive it, or said 'receive�if'f`aifsjto e eive of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this,b'll o )acjjn .,as fully as if the same j were written or made in or in connection•�iA tlii•t:01•0-t�it�ing. consignee or party entitled to it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property ,at'_lp. bl' a ptipn to the highest bidder, at such place as may be'de igriated 60 t e carrier. Prior If all or any part of the Property isle r tertov ra part of said route, and any loss of or damage to the roperfy occurs whle'i Is in the custody of to any such sale, thy`;;crrifsfit3j use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carpr,•i's� kli; o (adsng;and by the taws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportat1bri by water. Such'water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • vrvnv.iikelter.com • Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/13/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 RUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF C"Wied,o ANSMSF 60 GROSS: 75,200 TARE: 30,200 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: subject section coof conditions, If this COD FEE: shipment is too be deliver ed to the consignee COD AMT: ' without recourse on the nsignor, the consigner Address: shall sign the following statement: Prepaid ❑ City: State: Zip: T e carder shall not make delivery of this y p: ship prnt without payment make and all other Collect ❑ $ la (charges. $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property Is hereby specifically stated by the shipper to be not exceeding $ Per signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carr r and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goad order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate( below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise to deliver to another carder an the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, an are in proper condition for transportation according to the applicable regulations of the Department of Transportation P ,� SHIPPER: ALCHEM, INC CARRIER: ALCHEM, IN PER: DENISE WOLCOTT PER: CHRIS GOINS 2/13/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( i including storage incidental to transportation (172.604). i 11-BLC-03 12267 T By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location,, or said Section 1 'Limitations of Liability consignee or party entitled to receive it shall fail to receive it (a)'��fy��eam&—or party in possession of the Property shall be liable promptly, the carrier, may, in csal d j ri€;titZij�ilto prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration. sell the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, b The carrier shall not be liable for loss of, damage to or delay In () g Y t ,,the c�rrr shall ue Hopi meciatll�+ reo�arJ� . 91 Ii of: fa ft� al oi- is3Ap( rtyirod t 604Neirli`It forts to notify you receive it, and delivery of the Property- `X/l , ? t�Hl ���=r�t >• :i {/ q�� r3+lx N��n�:..I�,'ii�r�9��tdisg�s _ m � h� Property. re I • r r r,,;j y tt (i) caused by an act of G,Qd, the puf�1lc enemy, the authority of law, or any act or deiaeitt=�ftJ�tyoU�at�c�o� I�`e owner of the (d) if the procedure described in subsection (b) and (c) is not Property, or tp eta c(ral s t+jink �e.j / M� ��.. commercially; reasonable, the ,carrier Smay, at _its option, sell the Property under s i��t fci t tat to si ��larrt5 itn�sAR manner as may (ii) occurring while the Property is stopped and held in transit at : be authorized by law. your request or that of any other party entitled to make such . (e) The carrier shall apply the proceeds of any sale made under this request, section to the payment of freight, demurrage, storage, and any lift) {es.ul ' g firort a defect or vice in the Property, or from riots or ?' �t i 7 �St�l f ft s V' other lawful charges and the ,eY ,ense4f r6tjce, advertisement, g t exp §e Wiiiokd e3 sale, and other necessary caring for and (c) To the. extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been in by the has been ((� Hf you dif� t j?�e rarria 5 deliver the,i�foperty to a location where (;' I represented writing shipper or agreed 111dre�s d r`e'01 rly-apptj need flreig`ht'•agent, the carrier shall not upon in writing as the released value of the,•-Prdperty, as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate,.is location after the Property has been unloaded at such location. based, such lower value plus freight charges if,'pa h , Section 5 Valuable Items maximum amount to be recovered, whether or nd or damage occurs from ne li ``` negligence. g g g `,� (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage-to�&%Property any freight charges paid by you. must be filed in writing with the carrier issuing �th)lal;a ding (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property'(or, irr-case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m�}?CL delivery, .thpvrwnhin nine months after a reasonable time fol d4rV`ery has' el'a sed:" Ali causes of agreement to do so and a stipulated value of the articles are action must be instituted wit i'i0;tyQ,yearm=ring the date when endorsed on this bill of lading. written notice is given by th `�°arrier to. )rr+ that the carrier has disallowed the claim or any' aYt�t0 parts th'Aof specified in the Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous. goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full benefit of any, insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property in the -owner's risk and expense or destroyed without,compensation. event that the carrier is liable for loss of or . damage to the Section 7 Freight Charges and Payment Property., . _ (a), You are primarily responsible for the freight and :all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time .of therein provided), the carrier may notify the receiving party .of the. shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those, described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused b consignee or the p{����t))�i e $itl 1 eive it, or said it of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connectionli is t14A_l IIIR i_lhrdling. consignee or parry entitled to receive fairs"td rc ive it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property atH pyblic�4Gtion to the highest bidder, at such place as may be �esigftatHAd_ll�j�Ae carrier. Prior If all or any part of the Property is;ca4rjeq �yrq)e� tgy +�y part of said route, and any loss of or damage to thelE�rbp dc�curs-WHV7Id in the custody of to any such sale, the , rm shVLQ use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you hat the roperty has been refused or determined by that carr�iFr;��,, b�IL.;of ladiN and by the laws and regulations such remains unclaimed, as the case may be, and that it will be applicable to transporlito i ytw ter. water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, VJI � USA • (800) 327-6868 • www.jikelleccom • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/14/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Ceir,iod10 ANSMSF 60 GROSS: 74,500 TARE: 29,500 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject Section of conditions, if this COD FEE: shipment is too be deliver ed to the consignee COD Ap V t AT. without recourse an the consignor, the consignor I Address: shall sign the following statement: Prepaid ❑ The arrier shall not make delivery of this City: State: Zip: shipme ithout payment of freight and all other Collect ❑ lawfu rges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature cAonsignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carrier nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent go d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). / This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE W�Z/�' SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: CHRIS GOINS 800 424-9300 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the (c) if the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it ,TWO ,, ws�• promptly, the carrier, may, in. ,itsticj€ Cr,€iti'.oxa,� io prevent {a) Phezc�ttier•or party in possession of the Property shall be liable deterioration or further deterioration, sell the same to the best as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in }Vjj t ¢,he-r r h I�use� mate r i IhA r�ea fl ai�4 ef(forts to notifyyou delivery of the Property: o Pte Y f • of the W°rop�Yty o� ih� f r(u tPo receive it, nd. {:Z! P:= r ! requrgtjlu�siiild�tl tedrd(�tj�clisirlyWreslce Property. (i) caused by an act of God 'tile p�ib'lic.er1p 6he authority of law, or an act or dcf_16KI�..) `� (d) If the procedure described in subsection (b) and (c) is not y yaF,a-Ad7or iA owner of the commercially.. -re, Son�, I , tf�e , rri r ma of its option, sell the Property, or�r rral hrink$gei't�'a'r)I�`%",I w t.� r.. r.... t= ? ,._ __ Property under s�oun'ol urftt'a i)es'arlc I1�si h, manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any Ti) esultin,gg from,a defect or vice in the Property, or from riots or other lawful charges and the,.�xp�nse o n tippe, advertisement, L3 {�lriae§UU-`=�L' sale, and other necessary) cxpe�n;e�'�n�{dt caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic .declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has (#1:j�fyouadi((e tl ayfor tol, 4 r-.he Property to a location where been represented in writing by the shipper or has been agreed there ist fAeg rly"api5oi t fidigh't agent, the carrier shall not upon in writing as the released value of the_•-P'ropgrty�as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon .W+ ich the rate' s location after the Property has been unloaded at such location. based, such lower value plus freight charges i d, �'% I th� Section 5 ValuabL Items maximum amount to be recovered, whether of r of damage occurs from negligence. '�' (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared Section 2 Filing of Claims t' value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage- tq;ttbq;Ag9erty any freight charges paid by you. must be filed in writing with the carrier issuingjthiS16J1ithdlnp (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Properfy-(or;- in -case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m@e;d(Y}ligery, At�au�vtiry nine months agreement to do so and a stipulated value of the articles are Y. .- .1 after a reasonable time fore iveSX has gl � ed. All causes of endorsed on this bill of lading. action must be instituted wit in• 6-years=fdi ing the date when written notice is given by E�etf��;rder to-YO'L, 'at the carrier has Section 6 Joint Liability for Hazardous Goods disallowed the claim or any parf or parfs'tfiereof specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid, without giving prior written notice to the carrier of their nature. At the (b) The carrier shall -have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on account of the Property in the owner's.risk and expense or destroyed without compensation. event', that the- carrier is • liable for loss of or - damage to the Section 7 Freight Charges and Payment Property. (a)' You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes'delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall lirnit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party" of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the pat e t x eceive it, or said of lading, shall be considered a part of this,bi�`I o I+agjn aq ully as if the same s� ?� l dl,� fr% • were written or made in or in connection-v'fiitrr t it-3iil of-19, ing. consignee or party entitled to 'receive ii fdifs VfWceive it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Propert�r ; q �pr�u4ic�;au�4 gn to the highest If all or any part of the Property isjca�r d Vjyrgtet:to�v r zn art of said route, bidder; at such pace as may e csi jCnaied y t e carrier. Prior and any loss of or damage to the Oroperty occur wni e it is in the custody of to any such sale, thC)O)a-Adzsh'aff use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that c rier.'s; gjjl•,If Iadjtngland by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transport t'rn`byrwa erS� . uch'water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2064 J: J. KELLER & ASSOCIATES, INC.. Neenah, WI ^ USA • (800) 327-6868 • wv^v.jjkeiler.com • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/15/2008 DATF_ TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET STREET RED SPRINGS, NC 28377 . ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF ANSIINSF 60 GROSS: 74,100 TARE: 29,100 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD t0: Subject to Section 7 of conditions, if `hie COD FEE' shipment is to be delivered to the consignee®D A� nT. A,,1 without recourse on the consignor, the consignor I V I I .1 ddress: shall sign the following statement: Prepaid ❑ City: State: ZIP: p The c der shall not f freight every of this ip la me oul ant of frei ht and all other Collect ❑ $ lawful gas. W NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per f (Signature of consignor $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrierjfnd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availablE to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise tc delver to another carrier on the route to said destination. It Is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested In all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself'and hi; assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation w'r'W�� SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC/. PER: DENISE WOLCOTT PER: CHRIS GOINS 2/15/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: If 1 including storage incidental to transportation (172.604). M-BLC-03 12267 J TERMS AND CONDITIONS By giving ` the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee or ^Pmport/).you agree mall ofthe terms ofthis bill oflading. party entitled to receive it at the destination location, said Section Limitations of Liability consignee or party emm'ou m receive x on�/ a/ to receive it promptly' carrier, may, in.[��K��J party ���prevent oacucommon law for any |oao nfordamage to such Property, d�e/io��onorfurther d�ohn��no'ooA��oam�6xthe best except as hereinafter provided. advantage t privatepublic i Prior to selling the Property, ou pona (b) The carrier shall not be |�b|ofor baeoC damage 0oordelay in ���� �����{ ' 1 delivery o;the Pmpe�� ' '` � 0 caused by � N) ~''�c� described 's����niq ~ and (c)ianot 'a» or any "^` or "=opf_$V1A7fb-AcM M owner of the. commercially reasonable, the carrier its option, sell the PmpertK»5hpphc6%manner as may VV occurring while in transit at Ueauthorized bylaw. your request mthat of any other party entitled tomake such (e) The carrier shall apply the proceeds of any sale made nder this request. section to the payment ofdemurrage, storage, and any 00 defect ����tmPmp��m�m��m ��| �������8��� �e, a� mh�`no�������W advertisement, ��W�h��,and (c) To the extent pennittedunU*r the Cunnark Amendment, the maintaining the Property, if proper care of the i liability ofthe carrier for the Property may b*limited \omvalue special expense. |ffollowing payment of the preceding there isu established by written or electronic declaration by you or by balance, such balance shall bopaid mthe owner o|the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by |mm whom e lower value than actual value has �L ' been represented inwriting bythe sh�perorhas been agreed Oy|��;�sW6 r the carrier shall not upon in writing as the released value of the 'p 6tK as be liable for any loss ordamage vu Property occurring atsuch determined / fn tariffs upon wKich the rafb,,,i location after the Pmpenyhas been unloaded u,such location. "=^=" such�""'"`,= value plus freight charges ' Section Valuable Items maximum --amount - be -recovered, whether- �V The uanie/s|imhi|Uyinoonnamionwith o`ePmpenyio|imdod»o 01 --m-=----r-'-��n-°'g--- the lesser ofthe amount ofyour actual the declared Section Filing o«-Claims ~~, ~^ value stipulated bythe carrier onthe face ofthis bill oflading plus (o) Claims againsttn for loss of or o any freight charges paid byyou. must be filed in writing the carrier '°"""'y (b) The oenior shall not be liable in any way for any documents, ="""' ""= "o""'° after delivery of the ''"p='`x p'. "' ^""= "' specie,orfor a articles ofextraordinarywd not specifically export m*�n *hM �amon�oofte delivery at of export) n the published classifications or tariffs unless a special I agreement to do so and a stipulated value of the articles are after a reasonable time UP rlv8r� causes of endorsed on this bill of lading. action must -- instituted ' Section Joint Liability for Hazardous Goods written-- notice - is g-' bydisallowed the claim or ' You, and if you are an agent, any owner of the Property, shall be Joint and notice.'If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the for ' egoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused. at your and the -/.I(b) The, carrier shall have the-fuNbeoefito( any,insurancethu "'~` `r~~~ ~r.r~~~.'^huve been sff�c�dbronaccoun,o| the ' evi3ht that 'the carrier k, liable for �os o� pr�de��oe to the Secmunrand Payment You, are primarily responsible for the freight and all other lawful (a)Secbona Method ofTransportation charges, unless you stipulate in writ"ifig in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the 'right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such additional charges, The respective liability of you and the Section 4 Responsibility for Property =ISY"=- a —°_�:I=p~. I'=.'~~~~~ (4 Uthe Property isnot removed hy the party entitled voreceive, h pursuant m4SU.S.C.b13706. within the free time allowed by tariffs or classifications upon, (b) Nothing shall limit which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of mnn:m ` shipment If upon inspection the carrier determines that the arrival mthe Property articles shipped are not those described |nthis bill oflading, the (if nintended for . The carrier, mits discretion, may store the freight charges must bepaid upon the articles actually shipped. Property in - public or licensed '--house at the place- of Section Effect ofShipper Signature deliveror ��a��� TheoN�d'PmpenywiUbaam eutoo|ionforal|freigh\andother If this bill nflading is issued on the order of the shipper, nrhis agent,i lawful The exchange carrier's responsibility- shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill (b) Except as provided in subparagraph 4(c) below, if the Property i's of lading, shall be considered a part of this bill of ladinq as fully as if the same refused by consignee or Witleg,to 'it "1110 consignee or party entitled to 0 _ltolr 'iveitwithin 15 were written or made in or in connection..,0v @,fWing. days after notice of arrivalshall have been duly m orAiv*n the Section Transport byWater carrier may sell the Propert�p Ip, I _I,tl I b Ii t' rn, to the highest If all or any part of the P1. of said bidder, at such place as may f P - OWR Vie carrier. Prior and any loss of or damage to Yrr 0 Y c rs'�vhil -i ls� in the custody of ,Lrpe�r-Gfrall use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you Vaflh� 'Itroperty has been refused or determined by that c la�j, and by the laws and regulations remains unclaimed, as the case may be. and that it will be applicable to transporti!50W6S fme��water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as @n"pyngh,e00^�J.nsusn^ASSOCIATES, /��Neenah, vm^USA 'mowv27-6e68^°°w.i*mu=="^Printed inthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. 2/18/2008 nATF TO: INDUSTRIAL 8t AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073F NSF ANSMSF GROSS: 74,600 TARE: 29,600 NET: 45,000 Remit COD to: Subject o Section r of conditions, if this COD FEE: shipment is to be delivered to the consignee COD AMT: ' without recourse on the consignor, the consignor Address: shall sign the following statement Prepaid ElThe carrier shall nomake delivery of this t Q City: State: Zip: shipment without payment of freight enlawful c d all other � Collect ❑ V+ es. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier nd shlpper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availabl to the shlpper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carder on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and Z, are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER ALCHEM, INC ALCHEM, IN 6 . ` SHIPPER: CARRIER: DENISE WOLCOTT CHRIS GOINS PER: PER: 800 424-9300 2/18/2008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (C) If.the Property is perishable and is refused by the consignee or ^pmperty").you agree mall ofthe terms u[this bill cdlading. pa�ly omNeg to nacoke it at the destination lovation, or said Section Limitations of Liability 'Cor party in possession ofthe Property shall boliable Consignee or pay entitled to receive it shall fail to receive /t promptly,the carrier, may, in31d\ qiscrkifbd,3.Ao prevent(e'Q ae at common law for \nsn nfordamagemeuch Property, ��nm�Nnm��*'deterioration, �!�ea�m��e�� a exoe[�oa�ova|nn�erpmvdmd� aUman�e oi iv�e public| Pi o` selling theProperty, (b) The carrier shall not Uo |ieb|ofor|oss of, damage to ordn|ayin '}0� ��]���\Fnerci JbI ^^' '~~ � ' �x�8,�r��� ��ke K and - -- ��- - --- -- ' do|�aryofUhePmpe�y� n ^�=",'a'=^= �qW��V| Pmpo�y. ~~ ~. any .~` .. NY If �d W is not `Property, orf uv/u opuon, sell the r,ope/nuxmvp*wcn`mxmpmom"u��'nnm/n�mcnmanner asmay yy occurring while in transit at beauthorized bylaw, your request o,that onany other party entitled uomake such (e)The carrier shall apply the proceeds of sale maded this request.request.section ' to the poymepaymentm of freight, demurrage, storage, and any A0> | �nm,ad�emorvice inthe Pmy pe,�urfmmrimoor U�qo mhorlawful charges and tA . advertisement, om|o' and other necessary (o) To the extent permitted under the Cunnedh Amondman\, the maintaining the Property, if proper care of the same requires liability ufthe carrier for the Property may balimited tnuvalue special expense. |ffollowing payment o(the preceding there ioa established by written or o|mxmn|c declaration by you or by balance, such balance shall bepaid mthe owner o;the Property written at between the i d you, In all cases not sold hereunder, pmn/ouen by /mv where e lower value than actual value has been represented in by the has been 4 location where writing shipper or agreed upon in writing as the /°/euueu "amv of o/ be liable for any loss urnammgow Property occurring at such oem,mm°o by the classification ", tariffs upon location after the Property has been unloaded musuch location. based, such '~~= ~~pe,'us^=y^`^"=y="' Section Valuable Items maximum amount vobe�o�omd.whether oOr damage occurs f�m negligence.. (o) The carrier's liability inoonnec�onwith the Property is |im�edm Section 2Filing mfClaims ^�~' the lesser ofthe amount ufYour actual damages orthe declared vu|uenUpu|atodbytheoa/rieronthofooeof this bill nflading plus V$ Claims against the carrier for loss of or damage- tqt4e:g pperty must be filed in writing with "the ^"''= issuing any freight charges within^'^'e months after delivery^of "'" ' '"p"'`, `"'. "' ^"°" "' (h) The carrier oho|| not be liable in any way for any documents, for �c| of extraordinarymd specifically -specie, - any export traffic, within�e months u�erdo�vo at port ofoxpo� lt�iq in the published classifications or tariffs Unless a special IJ nine months after a reasonable time for 6ii'very has, e psed- All causes of agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. -'-rated action -ust- ---'---ifil- - '-- ---'~ the date when written ������ Section Join�Liahi|�y�or�wao/�uusGoudo " disallowed the d�m parf/d4reofspecified inthe You.and i/you are anagent, of the Property, shall be jointand notice. |fyour claim or action is not filed or instituted properly in severally liable for and indemnifythei against all loss or 0uma accordance with the foregoing provisions, the carrier shall not bo oouaog by the shipment of axplosiven, dangerous or hazardous goods, }iob|e, and such claims may not be paid. without giving i riunotice to the rif their m /t the � V4 �fb|Uen�duhany �su �a may�`discretion "' the ^^"'"' any such goods may be warehoused at your and, the �have been ovpn account nfthe Property in the~. owner's risk and expense or destroyed withbut'c6mpensation. ^� event:lhat the penie, is liable for loss, of, o, damage to the Section 7 pre�n ' '� '' ``�'� �� `(a)'You are primarily responsible for the freight ancl,allother lawful' Section Method of Transportation charges, unless you stipulate in writing in the space pro�ided for Except as'expressly agreed in writing by the parties to this bill of lading, the that purpose on the face mthis bill mlading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original.bill of lading, you shall be liable for such Section �eapuoai�i|dyforPn�p�,�' additional-charges.respective-—'liability of `- and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.G.00 13706- mithi" the free time allowed (W Nothing inthis bill oflading shall limit the right ofthe carrier to which~ ^~ '~~ is ~~~~~ p=~' ^~~ time to be ^~^' requkn the prepayment or guarantee of charges at time of provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrivaltherein o the Property �' articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may'store the freight charges must be paid upon the articles actually shipped. ' Property delivery or other available place, at the cost of the owner. The Section Effect ofShipper Signature stored Property will be subject to a lien for all freight and other K this b0 of lading is issued on the order of the shipper, or his agent, i hmvu| charges, including a reasonable charge for storage. The exchange ormsubstitution for another bill mlading, the shipper's signature carrier's responsibility shall bothat ofawarehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (� E�o� ---' subparagraph -``'Property- - ofoommon|mmorbi|!of|ading|iobUkXinnrinuonnootinnwithouohphorbiU � - - m�oo�by�oonogneeortha�q[�a i�orm�� rK�� - oonaigneenrparyentiMeduo6�����l����6."^".vei\wi�hin1� of uhaUboconsidered apa�oft��WU |�aoifthe same ' wmnawri�mno,madeinorinoonneo�ion�M�M���������#ding ' � days after notice of arrival shall have been duly sent or given, the Section Transport byWater carriern the p + U f h P i bidder, at such place a igni�f6d y' e carrier. Prior and any loss of or damage to the ro Cc per y occurs AM ii is in the custody of to any such sale, thC�W*jA�V* .I use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or the be, that it be determined by that cqrjror��,bjl�,(�f ladi )and by the laws and regulations /°o/ai.0 u'mum/eu, as case may and will w vy'mwxe/carriage shall u: performed subject to sale under the of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for analternative disposition. liability contained inthe Harter Act n/the Carriage ofGoods 8ySea Act, aa , applicable. mCopyright c00^^^nsuLEn,ASSOCIATES, 'wC..Neenah, wx^USA ,womo27-6v68'°°"«ke"°"==^Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER STREET STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ORIGIN ROUTE 910-843-2121 2.2.5 TONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. 2/19/2008 DATE SCAC ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 STATE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073E NSF Certirod,o ANSMSF 60 GROSS: 74,700 TARE: 29,700 NET: 45,000 ZIP Remit COD to: Sublect to Section r of conditions, it this n /� COD FEE: shipment Is to be delivered to the consignee COD AIVIT: without recourse on the consignor, the consignor Address: shall sign the following statement Prepaid ❑ The carrier shall not make delivery of this CI State: Zip: shipment without payment of freight and all other Collect ❑ lawful arges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature of consignor) ❑ Prepaid ❑Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carder� d shipper, g applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availablf to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent gc d order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicalec below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested In all or any of said Property that eveq service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: //�v ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: PER: DENISE WOLCO17 PER: CHRIS GOINS 800 424-9300 DATE: 2/19/2008 EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( 1 including storage incidental to transportation (172.604). t11-BLC-03 12267 By giving the carrier the property described inthis biUof lading (the (C) If theperishable and is refused by the consignee or ^Property").you agree mall of the terms vfthis bill of lading. party omxm1 to receiveit at the destination location, msaid Section Limitations of Liability receive it 0000|Unoe entitled m moa|ve it shall fail to *may, �party promptly 'the oaft�� in3$' �pravont(ar��--�-- '----i-noy�hoPmper�ynka||be|iaWe as at common law for any loss of or damage to such Property, deterioration m*unherd�ehn�don' �� �e aamo�tothe U*a^ except ashereinafter provided. advantage at private or public sale. Prior to selling the Property, (b) The ouniarahaUn��holiable for loss otdamage tourdelay in {)k1| ����\1ou FIa^_d �� �� �� �� ��� �� -��� d�Kmryof�aPmpo�y: @ === `� �' ^°= '� ` requaq ~`~` ' ` ' ~'~~ ^' ~~ 'a^ or any "^` `" "" k4 V the and W is not vd� option, sell the Property, «»m�n��0�a�����wn��aw*m�m0mmanner oomay (ii) 000urhnqwmo*th P MisotoppeU andheld intransit ut Ueauthorized by|mm your request urthat ofany other party entitled «omake such (n) The carrier shall apply the proceeds of any saleade Linder thi request. section tothe payment offreight, domur,aQe, stnmge, and any (iii) resulting from adefect urvice inthe Property, orfrom riots -or other lawful charges and th�� ��T�[���00��� ��meadvertisement, aa|e, and other necessary �k6�caring for and (o) To the extent permitted under the Cormark Amandment, the maintaining the Property, if proper care of the aoma requires liability of the carrier for the Property may be limited to avu|ua special expense. If following payment oithe preceding there is q established by written or.electronic declaration by you or by balance, such balance shall bopaid mthe owner o(the Property written agreement between the carrier and you. !nall cases riot sold hereunder. prohibited by law, where a lower value than actual value has been ,epeaen1edinwriting oythe ah�parorhas been agmad JX)^ U�!/h����6h6� f6�6��pgent, the corho,shall not upon i � thereleased | of #h 'P �� � `�be liable for any loss n,damage mP ty occurring at such determined by the classificationtariffs upon yv,6_ich the ratOl �oa|ono�er8ePmpenYhas been unloaded msuch bx�hn. """"" such =' '' =" value plus Section k on� Valuable '----'-- amount to; recovered,be —— whether- --m-=-—-----negligence. 'the yUm�edu» $4 The o*nie�s|�h�y�oonnoc�with the Property � Section h of Claims lesser o(the amount ofyour actum the declared wd aU de�ve�,n�this bill oflading plus (a) Claims against the carrier for loss of or damage to -the Property filed must be "' ""'� any freight charges~paid by y y� The carrier shall not be liable in any way for any documents, within nine months after delivery of the PropeAl export traffic, within nine months after delivery at port of export) specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special ��,deliXery­tlpqAit in nine months or, "' case "' failure "^'''"' ogmemon to do so and ae�pu��g value of the articles are after" reasonable ='� """,e action must — instituted '~—` endorsed onthis bill uflading. written notice is given by lb gier toiottbat the carrier has Section Joint Liability jovHazardous Goods You, and oare a/ agent,'any owner of the Property, shall be jo int'and U�amwo the claim notice. If your claim or action is not filed or instituted properly in you I severally liable for and indemnify the carrier against all loss or darnage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the �. (4 The carrier shall have full bano�of i that may�°~~~^' of the carrier, any such goods may be warehoused at your and the ers'rigk, 'and e pprise.or destroyed Without compensation, have .~..~ ~ ~. account ~ the Property ,. ~,- � `eventthat �e�n�a �� liable �x'ous��or to the' 'are Property. � �`� '��.�`,�'(a):, Yo primarily responsible for. the freight and all other lawful Section Method ofTransportation "nurgeu.unless you Stipulate ,/mmuxymu/oapmce provided for ---''---x that purpose on�e����inL����ng����o��ro�uU carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring paymentcx suchum a the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section Responsibility for Property consignee for additional charges provided for herein shall be If the Property is not removed by the party entitled to receive it pursuant(a) ���m���m allowedclassificationswhich the rate is based, (such free time to be computed as �� therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all -freight and other lawful charges, including a reasonable charge -for storage. The carrier's responsibility, shall be that of a warehouseman only. ` �refused by consignee or the- pEqty. eq tlePpl ioceive it, or said consignee or party entitled to rbt .4 0aive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property., atoiibli�cg%ton., to the highest bidder, at such place as may ( - 1 ;�,the carrier. Prior to any such sale, th(rqyip�rrsfTK!- use commercially reasonable efforts to notify you attKd P�operty has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. mCopyright o6d^^^^susn^ASSOCIATES, /mcNeenah, vw^USA `womo27-6o68'~=°Jjk"wr.con,`Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/20/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042.BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Cedifiedto ANSMSF 60 GROSS: 74,100 TARE: 29,100 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073E Subject to Section 7 of conditions, If this COD FEE: Remit COD to: shipment Is to be delivered to the consignee �OD AMT: without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ The carrier shall not make delivery of this City: State: Zip: shipment without payment of freight and all other Collect ❑ law NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per ru arges. (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been, agreed upon in writing between the carder 96d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the caller and are availabt to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). 7111 This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER,:�,&' ALCHEM, INC ALCHEM, IN(f SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: CHRIS GOINS L/GU/LUUO 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 TERMS AND By giving the carrier the property described in this bill of lading (the ^property").you agree to all ofthe terms of this bill of lading, Section Limitations of Liability (ayz70��G#�gor party in pouoaaoinn of the Property shall he liable as at common law for any |oua of or damage to such Property, except as hereinafter provided. (b)The carrier shall not boliable for loss of, damage tonrdelay in delivery of the Property: V> caused by an act of of law, u,any act o,oeum the Property, or/7,r� m( l,g�j k (ii) occurring while the Property is stopped and held intransit m, your request orthat ofany other partyonUdodmmake such request. J�)s | 2mm o/ad�ecuorvice inthe PmX pnr�orfmmrimanr �{)� ��u (c) To the extent permitted under the Cannork Amendment, the liability of the carrier for the Property may be limited to u value established by written or electronic declaration by you or by written agreement between the carrier and you. In all 00000 not prohibited bylaw, where alower value than actual value has been represented in writing by the shipper orhas been agreed ' upon inwriting as the —_- - value_ of - determined by the based, such lower value plus freight charges i* h-6 maximum amount to be recovered, whether ok r,4 damage occurs from negligence. Section Filing of Claims $V Claims against the carrierfor loss of or dam must oufiled mwriting with the carrier /oaumg|,nom�w within nine months after delivery of the export traffic, within nine months after delivery at port of export) or, in case of failure to mo� 0 It y,,Vmr1 nine months after a reasonable tim. fole 2"MI action must be instituted w F 119ing the date when written notice is given by thpilgajTter toTo _,�$Jiat the carrier has disallowed the claim or any'p"arf`6r parts tfiereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. � (b) The -carrier oho|havythe full benefit of, any insurance that have been. effected upon o,.onaccounof the Property in the event that the carrier is Vb6le for loss of.or damage to the ''"v" y` ' Section Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section Responsibility for Property h4 If the Property is not removed by the entitled to receive it within the hae time allowed which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving -party of the -arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storag e. The carrier's responsibility. shall be that of a warehouseman only. (b) ExcQpt as provided in subparagraph 4(c) below, if the Propertyis refused by consignee or the pa�t�, e jtwplt� �)Ceive it, or said days after notice of arrival shall have been duly sent or given, the carrier may sell the Property -,at, the highest bidder, at such place as may'RS 642gng e carrier. Prior to any h sale,hcommercially remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. efforts to notify you that the Property has been refused or CONDITIONS (c) If, the Property is perishable and is refused bythe party entitled to receive it at the destination consignee or rty entitled to receive it shall fail to receive it bmmpUy, tho� carrier, may, in���| 0�������n prevent deterioration orfurther deterioration, sell the same tvthe best advantage private or publicsale. Prior selling the �84|ier­�hall us all opable, efforts to notify you .`���receiveit, and mqtf'J��.�TkProperty. (d) If the procedure described in subsection (U) and (u) is not commercially����`o¢�Soption, sell the Propertyun������h��������k8����xyih/����manner anmay Uaauthorized bylaw. (o) The carrier shall apply the proceeds of any salead d this nomUnn to ,he payment offreight, demurrage, storage, and any maintainingother lawful charges and th 1-9Xperip, � fi , advertisement, sale, and other necessary elxpeli nd '01 caring for and the Property, if proper care of the same requires special expense. If following paymentofthe preceding there iaa balance, such balance shall bepaid mthe owner o/the Property sold hereunder. .H)^ ' 1i 'i; ,Property to we r It ionwhera /�;���\�p�+ �� rshall not be liable for any loss m,damage to Property occurring,at such location after the Property has been unloaded at such location. Section Valuable Items (o) The carrier's liability inconnection with the Property islimited vn the lesser ofthe amount ofyour actual damages orthe declared value stipulated Uythe carrier onthe face ofthis bill nflading plus any freight charges paid Uyyou. (b) The carrier shall not be liable in any way for any documents, spooio, nrfor any articles of extraordinary value not specifically rated in the published o|aoni8os,iona or tariffs unless e special agreement tndosoand astipulated value ofthe articles are endorsed onthis bill oflading. Section Joint Liability for Hazardous Goods You, and if you are an agent, any owner of/h Property,h U be joint and severally liable for d indemnify the carrier against all loss damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such aoods mav be warehoused at Your and the ownbri.�s risk.;arldexpense or destroyed without compensation. Section 7 Freight Charges and Payment —, _You, are primarily responsible___for the _freight and _ all. lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (b) Nothing in this bill.of lading shall limit the right of the carrier to Sequire the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect nfShipper Signature If this bill nflading is issued on the vd of the hip r, or his agent,i exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this. �jll o �4�ng.psj �Ily as if the same were written or made in or in connectioiiZA I's—Wof.1 ding. Section Transport byWater It all or any part of the Property i of said and any loss of or d� ro$d�V6ccursAllel ig in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carri�f,'&, bill�-.Q,f iadi, and by the laws and regulations applicable to transportZXM6, �NNwater carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as mCopyright ew^^^KsusnaASSOCIATES, INu.Neenah, wo~USA ^momno*o68'^~w.okelle"com^Printed uthe United States STRAIGHT BILL OF LADING -ORIGINAL -NOT NEGOTIABLE ALCHEM, INC. 'ARRIER TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER STREET STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ORIGIN ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. 2/21 /2008 r)ATF SCAC ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 STATE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073E NSF certireedto ARSLNSF 60 GROSS: 74,800 TARE: 29,800 NET: 45,000 ZIP Remit COD t0: Subject to Section 7 of conditions, it this COD FEE: shipment Is to be delivered to the consigneeCo D AMT: ,,I,,1 without recourse on the consignor, the consignor Address: shallsign the following statement: Prepaid ❑ CitCIState: Zip: The carder shall not make delivery of this y: p shipment without payment of freight and all other Collect ❑ $ `Y, lawlul arges. �Y NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the card and shipper, if applicable, otherwise to the retes, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, If on its route, or otherwise ti deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agre d to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: , SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: CHRIS GOINS DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 ' TERMS -AND CONDITIONS By giving the carrier the property described in this' bill of ka�qing (the (c) If the Property is perishable and is efUoedbythe consignee or "Property"), you agreWall of the terms of this bill of lading. � entitled i�h �mdestination�a� d Section I Umi�timnoufLimbi|�y � consignee or party ammeu to receive it emu/ fail to receive it (a�'�� or tyinpossession nfthe PmpertyeUaUbo'|iaWo PmmPVY thn c�nie��m«� i»��1 �� Prevent as at common for | of or damage to such Property, U�*hn�hon or further deterioration, uoU 0`� aame m the best except aahereinafter provided. advantage (W �m c���� n�bo �b bn��ot d��g to�d�� inJ111' rb'lo receive it, and UoUvn�o/0mPmpo�y , ' ------------ 0 Yh�' q`^'' `^' Property. ~�~= "' �'°^� V4 K the and (4 is not ^~` or any ~~ ~' commercially the carrier may, at its option, sell the Property "r�,P i§��@hmanner aomay (ii) ocouningwhDef6e-� |dintmnnitsk beauthor1zedby - law -- your mqumstorthat o(any other party entitled !omake such' (o)The carrier shall apply �h�d of ' |e made under this request. section to the payment u(freight, demurrage, storage, ' d 'WV . from odefect orvice inthe Property, orfrom riots or other l6wful charges andUn�Q'advertisement, ae(,. and ,her'soesse�e� ��mring»or an (c) To the extent permitted under the Curme/h Amendmom, the maintaining the Property, if proper oana nfthe.oame requires liability n[the carrier for the Property may bolimited toavalue Special expense. }ffollowing payment o|the preceding tkem]aa established by written or e|motrnn|o declaration by you or by balance, such balance shall bepaid 0zthe owner m[the Property written agreement between ' the oarherand you. |oall cases nm sold hereunder. prohibited by |mw, where e lower value than actual value has J%) inn�hem �onn mpmsen»ed |n�hdng by�eoh�perorhos been agroad (J�� ,ohaUnm upon in writing as the released value of /h P *y be liable K�r�ny !oam � �,'�emog�{�Pr�po,occurring at such determined classificationn n,,annupon location after the Property has been unloaded msuch location. based, such lower value plus freight charges ' Section 5Valuable Items maximum - amount - to be recovered, whether-- - (e) The carrier's |ioNi�yinoonneoUnnw�hthe Property is limited to damage - occurs -- from negligence. �e�neero[the amount vfyour � Section RKnAo���hno d --- damageshU of lading mme�m��� |o/ladingpluo $4 Cbhnu ^~ any / charges p�dbyyou� ^~~ ~~^~~'~^ (b) The carrier shall not be liable in any way for any documents, actionwithin nine months after delivery of the Property or,--in-case-df specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to ma . ,del.i�ery, t�pqr,�y&ln nine months agreement to do so and a stipulated value of the articles are after a reasonab %Ceilivtry haSFdtdpY@VAI1 causes of endorsed on this bill of lading. —-ust ---stituted -------' Section Joint Liability for Hazardous Goods written notice is. given by 'h R iA I Pt You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall, have the full benefit of any insurance that may discretion of the carrier, any such goods may be warehoused at your,and the have been effected vpon or on a000ummmaPmpenym�m*-�-�-'�'-'-- -- destroyed—� without compensation. - event thatthe- carrier 'is liable for |oao of -or duma9e to the Secbn �7m `pn»i�ht�h�r���on�Pm�ma ' PmPorty' ` . '� _ `(a) You are ph,mah ly responsiblefor the hlawful Section Method of Transportation charges, unless you stipulate in writing mthe space provided for Ex that ontbn�oeo(thiobi||of|odin0dhuUneoenie,ohaU ' �� agreed ������� not make delivery without requiring f suchoh d carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point. of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibil I ity for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be $0 K the Property is not removed by the party entitled to receive it pursuant m49 U.S.C. § 13706, wnxm the free time allowed by tariffs or classifications upon, (b) Nothing inthis bill oflading shall limit the right ofthe carrier to `~''~' the '~~~ is "a°"~ (such free time o be °""'p require the prepayment or guarantee of charges at time of therein provided), shipment. If upon inspection the carrier determines that the Propertyarrival of the Property at the destination or at the port of export articles shipped are not those described in this- bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Section Effect cfShipper Signature other.delivery or other available place,, at the cost of the owner. The stored Property will be subject to a lien for all freight and If this bill of lading is issued on the order of the shipper, No agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's Signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otheRvise, or election (M Exua'--'mviddin -,b'--=-'h �` "^ common law " bill "' lading ^liability, '~ '^ connection with such prior bill ^ of lading, �Wb000na�emd of oa��osame ��m*dbyconsignee orthe pa�4o �orua� ^' ~r^'` ^^~~^` consignee , e��odN�@��e within w*»nwhuano,madeinorinoonn��imi�h�����K8b@Jb�ng� days after notice Section Transport byWater carriersell the P h hih |f | ofh P iflui in the custody of idbidder, at such place as may 56- e'g@�didd'�q'the carrier. Prior and any loss of or damage to the Rrrt 6 Cc) Copyright u00*�J.nsusnuASSOCIATES, ��,Neenah, v;~USA 'momx27ev63`°°°ukelle="rn'Printed * 'he United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/22/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Certirwdto ANSMISF BO GROSS: 75,100 TARE: 30,100 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject recourse on the consignor, Section of conditions, the consignor f this COD FEE: shipment is too i be delivered to the cons gnee CAD AMT. A,,I,.1 without , ddress: shallsignthefollowingstatement Prepaid ❑ The carrier shall not make delivery of this City: State: Zip: shipmen without payment of freight and all other ipCollect Ellawfu rges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per gna ure of consignor) � ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal that the Property described above, In apparent g order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or cc ration in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise b deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: Air I I SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC PER: DENISE WOLCOTT PER: CHRIS COINS 08 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 TERMS By giving the carrier the property described in this bill of lading (the "Property''), you agree to all'of the terms of this bill of lading. Section 1 Limitations of Liability (a)CliiP ae rn4r or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery.of the Property: ,-Mi TO Irr,,!-21—A (i) caused by an act of God, 'the_ pub c erfe�ti . the authority of law, or any act or deif�uli'•.dt'J 1c; i11 AdMr owner of the Property, or ft fo.EEezajgrai,,s }rink -nj'v'v v?t:1q (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. �rea.uitingpom a defect or vice in the Property, or from riots or (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration. by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the:--Pr`operty, as determined by the classification or tariffs upon Which he rat `"s based, such lower value plus freight charges I4al her maximum amount to be recovered, whether o� n ; of damage occurs from negligence. , Section 2 Piling of Claims h_ (a) Claims against the carrier for loss of or damage-tq ft,R�gperty must be filed in writing with the carrier issuing;thGbi#liot iWing within nine months after delivery of the Property (car; iri case of export traffic, within nine months after delivery at port of export) or, in case of failure to m4k8 �,delivery,-ihev;(vyt$in nine months after a reasonable time for aeliw has_.e pspd. All causes of action must be instituted wi tintty d�j+ears t�iirowing the date when written notice is given by theipatrr'trer to•Tam that the carrier has disallowed the claim or any part or parts thereof specified'in the notice. if your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall• have the, full -benefit of any insurance that may have been effected upon "or on account of the ;Property in the event that the 'carrier is, liable, for loss of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving *party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will'be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility, shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the pq[jy( eg11I4 ito � ceive it, or said consignee or party entitled to receive It fat((s to'feceive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property,: fi pt Nc-;a pi n}to the highest bidder, at such place as may �tle"slgnN by`t�e carrier. Prior to any such sale; the;c t ii3,t�_ Q use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is refused 'by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in.0*11 dUiAis n,.j to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, s,tfiZCa r r h utusa inel iai t s�; I� g forts to notify you 1vt' :`='of file N11UOt)f'-f�t 'rt�i�op ty)of �`TUirrfa' to receive it, and regttgf,ittr ct4:'nis',• r. c Is %�jr{j;li: tj Property. (d) If the procedure described in. subsection (b) and (c) is not cortex ial(y Cs nimble; te�cfirCa�r. atf its option, sell thY Property und6i r rya n iw ee•a fd i j§064 manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the,.exp.�n� N f; �ofice, advertisement, sale, and other necessary i e''x�ietise'"'atiti' o caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance,.such balance shall be paid to the owner of the Property sold hereunder. iidile hec• ai °r p; liver fire 'roperty to a location where th re'is 7ri egltlarly apPanfied fr�igi5i'agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location. Section b Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents,' specie, or for any articles of extraordinary value not specifically . rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods gray be warehoused at your and the .a'wner's..risk and expense or destroyed without, compensation: Section 7' Freight Charges and Payment (a).; You, are primarily responsible for the freight and all,'other lawful Charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706, (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part.of thj�,bil o (a. in _as fully as if the same were written or made in or in connection w�ifi tl- i=illnj lading. Section 9 Transport by Water If all or any part of the Property isfcperied iaer..v{{;-any part of said route, and any loss of or damage to the'Prt'erty occurs whR64is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that car¢'d �f'rt s; ixll f ladipg-.and by the laws and regulations applicable to transporta2fb`�y wafer. �UCPT water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. 0 Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, wl • USA • (800) 327-6868 • ww.=Jjkellencom • Printed in the United States STRAIGHT BILL OF LADING -ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/25/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET STREET RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073E NSF Cert)6f®dillo ANSMSF 60 GROSS: 76,150 TARE:' 31,150 NET: 45,000 Remit COD to: Subject to Section 7 of conditions, if this COD FEE: shipment is to be delivered to the consignee COD ^ n ypT� ,.1 without recourse on the consignor, the consignor A V' Address: shall sign the following statement: Prepaid ElThe carrier shall not make delivery of this sn' City: State: Zip: ;e ip ch es. ut payment of freight and all other CollectElNOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carder and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availablc to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicatec below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the properly under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise is deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that even service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or wdtten, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and OF are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. - PER: DENISE WOLCOTT PER: I ERIC WALKER 2/25/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). ?11-BLC-03 12267 TERMS AND By giving the carrier the property described in this bill of lading (the ^promrty").you agree to all of the terms nfthis bill of lading. Section 1~Limitations of Liability (a)K- n��i��or partyi io ofthe Property shall boliable aaa1common law for any loss ofordamage to such Property,' except aohereinafter provided. (W The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: (i) caused by an act God,?ttkl� i&16MMY'the authority of -5010 law, or any act or def �fbfi_CV6 Vi) oocurMngwhi|e�haPmpeU�io/�opp�dandh*|dintransit at your request orthat ofany other party entitled \9make such request. (iii) resultin from adefect nrvice inthe Property, orfmmriots mr k1 To the extent permitted under the Carmadk Amendment, the liability of the carrier for. the Property may he limited to a value established by written or electronic declaration by you or by written agreement between the i d you. In || cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing: as the �eleased value of the,,Propert,y, as determined by the classification or tariffs upon W6ich the raiiNs based, such lower value plus freight charges il�lllp ' h' maximum amount to be recovered, whether o nj'� �.N damage occurs from negligence. Section Filing ofClaims (a) Claims inst the carrierloss of or damagf. -to he, ,roqerty. must be filed in writing with the carrier issuing within nine months after delivery of the Properlty �cr, -fn-cas,erV export traffic, within nine months after delivery at port of export) or, in case of failure to m��,e de�ivery, then,,witt,�q nine months after am time fol)Wlivi iVs1dS:-'AII causes of action must be instituted wif�6ttv�6"".Year,�'-YJ51'ev;i�g the date when written notice is given by �he-pppr r to yo, 11 at the carrier has disallowed the claim or anry'�la�t,'d��iparts'tti-jlrTof specified in the notice. If your claim or action is hot filed or instituted properly in accordance with the foregoing provisions, the carrier. shall not be liable, and such claims may not be paid. Thei nhoUh thefullbenefit pf ny'in�umpoe that may- . ` or on account of the Property in the '.event that the carrier is liable for loss -of or damage -to the Property. Section 3'Method' of transportation Except as �expressly agreed in writing, by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section Responsibility for Property (a) If the Property isnot removed bythe partyentitled voreceive it within the free time allowed by tariffs or classifications which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or license ' d warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property ,,"'"esubject "'a"lien for all freight and other lawful chmgoa, including e reasonable charge for storage. The carrier's responsibility shall bethat ofowarehouseman only. (b) Except. as p ' rovidedin subparpgraph refused by consignee or the pa, tf to 'to re�eive it 'within 15 consignee or party entitled to MA e! a days after notice of arrival shall have been duly sent or given, the carrier may sell the Property,.It a0Ii(Aau[,tiQn ito the highest bidder, at such place as may 6"41- i�r' c ifie carrier. Prior to any such sale, the-icqr , f�er(shol use commercially reasonable efforts to notify you- Ra'f' iK6�' i�roperty has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. ���������������� � ---_ _-_ . . (C) If the Property is peri 'shable and is refused by the consignee or party entitled receive O at the destination boaVoo' or said consignee entitled to receive itshall fail to receive it a carrier, may, in ' prevent' deterioration or further detohorahon, sell the same »othe best advantage at private or public sale. Prior to selling the Property, �l��rgp '=y (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property u6j(�ri,�A' p MiVsigja. manner aemay be authorized by law. (n) The carrier shall apply the proceedsof any salead under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expepse qf n?tice, advertisement, sale, and other necessary !'OV caring for and maintaining the Property, if proper care of the same requires special expense, If following payment of the preceding there is a balance, such balance shall "" paid "' the owner "' the Property sold hereunder. �� 'kVr Me --agent, the carrier shall not ` be liable for any |oam or domoQo to occurring at such location after the Property has been un|oeded at such |nnminn. Section Valuable Items (a) The carrier's liability inconnection with the Property is limited to the lesser ofthe amount ofyour actual damages mrthe declared value stipulated bythe carrier onthe face ofthis bill oflading plus any freight charges paid byyou. (t) The carrier shall no/ be liable in any way for any documents, opmoie, or for any articles of extraordinary value not spooi5ouUy rated in the published classifications or tariffs un|oao a special egmnmem to do au and a stipulated value of the articles are endorsed nnthis bill nflading. Section Joint Liability for Hazardous Goods YVu. and if you are an agent, any owner of the Property, shall be joint and" severally liable for and indemnify loss or damage, caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any Such goods may be warehoused at your and the PWner's, risk and expense ordestroyed without Compensation. Section 7 .and . '(a) charges, Unless you stipulate in writing in the space provided for that purpose- on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, YOU shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be ` (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time ofshipment. It upon inspection the carrier determines that the articles those described inthis bill oflading, the freight charges must bopaid upon the articles actually shipped. Section 0 Effect nfShipper Signature If this bill oflading is issued on the order of the shipper, his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection'-704 t,1M,'3ifir@.1aAjng. Section 9 Transport by Water If all or any part of the Property iscarr�sd by fr1y,part of said route, and any loss of or damage to theIP'ropbr'l, Ze fe:ffls� in the custody of the carrier providing the water carriage, the liability of such carrier shall be- X 9, and by the laws and regulations applicable to transpccrtTt11A-,1)?,wa'fd Anwater carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as @ Copyright cm��J, KsusnuASSOCIATES, INc,Neenah, wo.USA 'momo27-6v68^=°°ukolle="rn`Printed * the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/26/2008 DATE TO: INDUSTRIAL & AGRIC-CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Ceirlill' dlo ANSMISF BO GROSS: 75,050 TARE: 30,050 NET: 45,000 U.S. DOT Hazmat Reg. No., 062007 550 073F Remit COD lO. Subject to Section 7 of conditions, if this COD FEES shipment is to be delivered to the consignee C0� AMT: A,.t without recourse on the consignor, the consignor ddress: shall sign the following statement: Prepaid ❑ The Tamer shall not make delivery of this CIi y: State: ZIp: shipment without payment of freight and all other lawful c rges. C011@Ct ❑ $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES' FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (si atum of consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carnleiand shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl, to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t, deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on,lhe back hereof, which are hereby agreed to by the shipper and accepted for himself and hl. assigns. ' NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and - are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: A� ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: ERIC WALKER 2/26/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 ����K������������������ ,~�~~~~,~~,,,~~_ ~~~~,,~,~,~,_~,,~ By giving the carrier the property described in this b0 of lading (the k4 If the Property is perishable and is refused hythe con'signee or "Propei ty").you agree mall of the terms of this bill oflading. party entitled to receive it at the destination location, orsaid Section 1 Limitations «� � nY it shall fail to receive it ~ carrier, may, `- -- '-- - ------ cV�opmpe�yahoUbeUab� as at common law for �� � or�m�o� such Property, Ua��o�oon or further deterioration, ��| �e same to best ' ' ` except as hereinafter provided. "°^a' taqe at private or public sale. Prior to selling the Property, (b) The carrier shall not be |�b�for bsuo� damage mordelay in re?soforts to notify you ��)ug�g���h`� receive it, and '}N1 �' d��e�o(�ePmpa�y mqifdfl! Property. w caused urm. act of =w, or any "° = kV (c) is not Property, commercial option, s� �m- Property undeiC m�§������|h4���manner anmay (il)occurring while the Property betoppedand held |ntransit at be authorized bylaw. your request nrthat c;any other party entitled mmake such The carrier shall apply the proceeds ( | maded this request.»�� `' section to the payment of fmight, dnmur,age, amrago, and any from _0`i)( 1�v�adekamnrviueinthePrupo,t�orh ���\��du other �o?advertisement, ~ sale, and other necessary'A 61iW-26d of caring for and ki To the extent ponnNad under the Carmo/t Amendment, the maintaining the Property, if proper care of the same requires liability ofthe carrier for the Property may bolimited toavalue special expense. |ffollowing payment ofthe preceding there iau established by written or electronic declaration by you or by balance, such balance shall Uepaid uothe owner ofthe Property written agreement between the carrier and you. In all uanoa not sold hereunder, pmnm'eo by /mm where o lower uuma than actual vumn has been the has been /8>» ="'qB�ro1�K�Y��/|6d��p��6��frdightaoont. mpr000nVadinwridngbyoh�pero/agreed the carrier shall not upon in writing d value of h6�6 be liable for any |oam or damage to Property occurring at such determined by the classification rz n based, such lower value plus freight charges i |oo��innafter the Pmpar|Yhas been unloaded o,such location. Section Valuable Items maximum amount to be recovered, whether ' `(�-��q���q� The liability in the Property is limited to damage occurs fmm negligence. (a) carrier's connection with `^ ,/ �ec�io���i!h����iei�� `'^ thn!oaaor��theomountyouraua|damages orthe declared ���value stipulated bythe carrier onthe face ofthis bill oflading plus $0 Claims against the ni for loss of or dum any freight charges paid byyou. must ""filed in w"""u with the carrier issuing" (U) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Properfy_(&r_,_in___'c_�sii_of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to ma�qidqlivery, -thqnc�)e 1) nine months after a reasonable time fo�, se .- All causes of agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. action --must -- instituted -ftifi-'--'------~the date when written notice is given by V) to'Yo4iAtiat the carrier has Section Joint Liability for Hazardous Goods disallowed the claim or any =arfs tli6reof specified in the You, and if you. are an agent', any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosive% dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b)Tho V ' discretion owner's ` have Uaon or on -account of the in, mo� event �a� the carrier is liable for loss of or to the�ee�bt and Payment . ' ` � � � � ,���.�'� �~a).Y06 are primarily responsible for the freight an . d all other lawful Section Method ofTransportation' onurdnu unless you stipulate in writing Exoop'--- purpose eface "'" this == lading "that the carrier shall not make delivery without requiring paymentofsuch charges d carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such ��cu�m4 �esponmi�i|MyforProper�/ additional ' charges. liability you and the consignee for additional charges provided for herein shall be (n) \fthe Property ienot removed bythe party entitled horeceive it pursuant to4gU3.CQ137V8. within the free time allowed bytariffs orclassifications. upon (b) Nothing inthis bill oflading shall |imit.theright o/the carrier to w"'"' the '"= is """"", p"^" "=' time to be computed as requirethe prepayment or guaranteeof charges at time of therein provided), shipment. V upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those douohbod in this bill of lading, the (if "intended for freight charges must bopaid upon the articles actually shipped. Pr-,-'' 'n - public — or licensed - warehouse - at the place of Section O Effect ofShipper Signature delivery rother available place, at the cost of the The stored Property will beau'all |fthis bill o[lading isissued onthe -on/orofthe uhippe�nrhis agent, in kavbcharges, maoona�eoha�ofor �omg*.The exchange urinsubg��onfor an�e �,bill oflading, the shipper's signature oarhn/nrespunsibi|by� sh�{bethat o+awamho«oema»on|y *othe phorbiUoflading oatnthe o��mento(wdueor��hew�ae.nre|euUon i h h -- provided ��-- (b) Except 4(c) below, if the Property is ofoommon|mworbi||of|ading|iaUUh�innrinoonnentionwi\hauohpriorbiU � refused by consignee"" "' "= �y� "' ""d of|ad�g.ahuUbeoonuidomdepart ofd�a%MVa||yeoif\hnoame | entitled v consignee kivoiiwithin15 |K8ing�*omwh�onormade in or in uonneoUon� days after u6 of arrival shallh been duly sent or given,Section Transport byWater carrierU the p 0ine carrier. Prior ace 1 fh P i |d STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 2/27/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION - STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 062007 550 073F 22.5 TONS OF BAUXITE SAND NSE Certdledto ANSWSF 60 GROSS: 74,150 TARE: 29,100 NET: 45,000 Remit COD to: Subject o Section r of conditions, if this COD FEE ,.1 shipment is rs be delivered to the consignee �OD �rt yT• Address: without recourse on the consignor, the consignor IVI .1 shall sign the following statement: Prepaid ❑ ay° TI, ceS er Phyll not mak 9deavery of this City: State: Zip: IS without a ant of frei ht and all other Collect ❑ ar9 NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of consignor $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the cable nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indioatec below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the properly under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that everl service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, Which are hereby agreed to by the shipper and accepted for himself and hi; assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). / This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: r SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INCC PER: DENISE WOLCOTT PER: ERIC WALKER DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). t11-BLC-03 12267 �J By giving the carrier the property described in this bill of lading (the (c) If -the Property is perishable and is refused by the consignee or "Pmprty").you agree to all ofthe terms of this bill oflading. party entitled to receive 8atthe destination location, said Section Limitations of Liability' consignee o, party eumuo to receive it shall .uo to receive it ���� ��i possession ��"----- � e oa�*� i ��\ prevent — as at common law for | of Pn���� d�ahn�Uonorfu�herd�eho��nn oeU�heoame�n�h�h�$ ' advantage at private or public| Prior to sellingth Property, -exceptuohereinyAerp—�d-- V� The carrier shall not be |�Wofor loss o� damage to o[delay |n ���� ----` an'-d � delivery ofthe Pmparty: ' �ir (i) caused byanact o/God,n�� � oou�hori�yo� ' '' '"v —2 mw, or any mx or n (d) Kthe r�edu'e-describe�'insubsection and (o)ianot � the coniorm at its option, sell the Property,`' rmP* «nV�n�J6,���my�f�oo�aam»/n��nwmanner aomay (ii) oocuningwnoe(Unpmpor�iastopped end�o|dintmnaitu| baauthorized hylaw. your request orthat ofanyother party entitled k`makeauoh (o) The oarho/ahaUapphthe proceedsof sale made under this request. uoodnn to the payment of freight, domvrmge, storage, and, any (Iii) |omed�mrvicoin�h*Ppeorfmrisor |[�� ho/|vfuichageand\h'� ���dvarM advertisement, �oarinA for mnn��s��0�� na{*, and other na0000ary��� (u) To the extent permitted under the Carmark Amendment, the ,nnaintaining the Property, if proper oans of the same requires liability ofthe carrier for the Property may belimited toavalue special expense. If following payment of thepreceding there is a established by written or electronic declaration by you or by balance, such balance shall bopaid mthe owner c«the Property written agreement between the carrier and you. |nall cases not sold hereunder. prohibited by law, where o |mmor value than actual value has been represented inwriting bythe oh�p*rnrhas been agreed 'WL � ��K���r��6�7m�6�� f6Q��agnnt, the carrier shall not upon in no the /aaead value of t ��� *b* UuNa for any |oaa or damage to Property occurring an such uotem,mau by the classification or mmna "=s=^ such lower value plus freight charges 'xp= No location after the Property has been unloaded sxsuch location. maximum~'~~- to be recovered,whetheror Section Valuable Items V4 The cmnio,�|imbi|Vyinxunnoo�onw�h the Pmpe�y|e\imbmdAu ~~''~"`-~`~'~'~'''''~"''"--- the lesser ofthe amount nfyour actual damages orthe declared Section % Filing of Claims value stipulated by the carrier onthe face ofthis bill oflading plus (a) Claims inst the carrierfor loss of or damage- any freight charges paid hyyou. must "efiled "' writing with "the carrier issuing (b) The carrier d1ornUa|| not be |i�i way for any documents, � within nine months after delivery of the Prope' n case specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to make Oi E. ry, jh,�9,wit i 5 nine months -of agreement to do so and a stipulated value of 'the articles are after a reasonable time foPUrMr ha8l&i All causes action must veinstituted wiilJ«p `' endorsed on this bill of lading. written notice is given by t4 a�,�rr to you �Jhat the Carrier has disallowed the c! Oct 0 , paris"Qr1of specified in" the Section Joint Liability for Hazardous Goods You, and if you a re an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in ' severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall- have the full benefit. of any insurance that may 'the discretion of the carrier, any such goods may be warehoused at your and the owne'rsrisk and expense.ordestroyed without compensation.. have been effectod upon or. on account of,the Property i,n event tftat. the -6, ler is liable for loss of or darnage to the am S6.6tion 7 Charges and Payment Property. Ja).`Y06 are primarily responsible for,the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you 'the dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Propefty is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such'free time to be computed as require the .'prepayment or guarantee of charges at lime of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 3 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same refused by consignee or the* pa�ty eR 64e, i Milo 4 ive it within 15 consignee or party entitled to rb& it 0- were written or made in or in connectio0lifli lilf .4ng. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Properjt bl' to the highest bidder, at such place as ma�'6-91"- e4` fiat4d carrier. Prior If all or any part of the Property i&ft_ir1eq qy-yta�er:oyq ,y.-part of said route, and any loss of or damage to the Pr Yty i� ld in the custody of to any such sale, use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify yoil' Gk thd`F�roperty has been refused or determined by that c ladi and by the laws and regulations I "'water remains unclaimed, as the case may be, and that it will be applicable to tr , IT carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as 0Copyright c00^^J.*susnaASSOCIATES, INo Neenah, wx^USA ,wvwo27-6a68^°~=.ijkellor.c"rn`Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —Nor NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 2/28/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Certified to ANSMSF 60 GROSS: 74,500 TARE: 29,500 NET: . 45, 000 U.S. DOT Hazmat Reg. No. 062007 550 073E Subject to Section 7 of conditions, If this COD FEE: Remit COD t0: shipment' to be delivered to the consignee �OD AMT: ' with re ra on the consignor, the consignor Address: shallslgltt following statement Prepaid ❑ ;he artier shall not make delivery of this City: State: Zip: ship gent 'thout payme of freight and all other Collect ❑ lawf I ch rges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the r TOTAL CHARGES: FREIGHT CHARGES• agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature o ons gnor) ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carrier an shipper, If applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good rder, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corp or on in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property ver all or any portion of said route to destination and as to each party at any time interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby Ted to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: / SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: ERIC WALKER 2/28/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: If 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 1 ���������.��� . ~�~ ~.~~~~ ��"�=. the carrier the proper.ty described in this bill of lading (the ^pmpou/1, you agree mall oythe terms of this bill of lading. Section Limitations of ' ^ Liability � pn-�H�0���* nfUmPmpmrtyshall beliable ooatcommon law for any loss o4ordamage m such Property, except uahereinafter provided. (b) The carrier shall not heliable for loss of, damage hnrdelay in delivery nfthe Property: (i) caused by an act of God,'thi blic'entm— Ithe authority of law, or any act or defd61K, owner of the Property, or f9F Ti8qraI,�11rjinIT9 VV occurring while the rt� is stopped and held in transit at your request or that oxany other party entitled to make ouoh request. ,D J�� > 1mmadefect urvice inthe Property, nrfrom hmoor (o) To Na extent permitted under the Oannerk Amendment, the liability nfthe carrier for the Property may be limited &navalue established by written or electronic declaration by you or by written agreementbetw the carrier and you, In all cases not prohibited by law,. where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the. released value of th�,.­ffribp-e'rty, as determined by the classification or tariffs upon which the rai:6�s based, such lower value plus freight charges ifilpal I K Ali h� maximum amount to be recovered, whet�er o� n, Of damage occurs from negligence. Section Filing of Claims (a) Claims must be filed in writing with the carrier issuing thik,130,9killading within nine months after delivery of the Proper��S_F(&,­ili'bd�i&'_bf export traffic, within nine months after delivery at port of export) or, in case of failure to mtN-de1jvery, -#Nmrwitqi� nine months after a reasonable time for de"IlAr' has I ef, d. All causes of action must be instituted wfffiWli S.- g the date when written noticeis, given by �ei-qajr.or tta-youltPat the carrier has disallowed the claim or any 'p­a�'rfb'r parts th6reof specified in the' notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. y4 The carrier shall have 'the full b�e�� any insurance -that may have been effected upon or on u«coontofdh� Property in the event 1ha6the'carrier is liable fd/'|oa� of or damage to the pmyerty. Section Method ofTransportation ' Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (4 If the Properly is not removed by the partyemitled to monivo K within the free time || d by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving p6rty ofthe arrival of the Property at the destination or at the p&t of export (if intended for export). The carrier, in its discretion, may store the Property in'a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b)' Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the pl ent t1lb j4p receive it, or said consignee or party entitled t8 eta I I mot&r88eivo it within 15 days after notice of arrival shall have been duly sent or given, the bidder, at such place as ma� b-d ON't*ted K�-the carrier. Prior to any such sale, use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS. k1 K the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee o, party entitled to receive it shall fail to receive it ' promptly, the i i |JX`,fl1dhEWbbnJAo prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property� o you 7. notify ' .-' . ' . �~. . '~__~ ~.~ . ~~� _ -_ (d) K the procedure described and (c) is not commercially reasonable, the carrier r -,a I s option, sell the Cr it. -One manner aamay be authorized by law. (4 The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the (�K �nsj i)yJi9e. advertisement, sale, and other noneoaury'ex�e�m� 'caring for and maintaining the Property, if proper care of the same requires special expense. Kfollowing payment ofthe preceding there ioa .ha|anve`such balance shall bapaid uothe owner o/the Property sold hereunder. . or/Mdre-ts' Nagh�agent, the carrier shall not oeliable for any loss nrommagem Property occurring arsuch location after the Property has been unloaded ntsuch location. Section Valuable Items (a) The carrier's liability inconnection with the Property ialimited \o the lesser of the amount ofYour actual damages orthe declared value stipulated bythe carrier onthe face ofthis bill oflading plus any freight charges paid byyou. (b)The carrier shall not hnliable inany way for any documents, specie, or for articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed an this bill of lading. Section Joint Liability for Hazardous Goods You, and ifyou are anagent, any owner f the Property, shall be jin\ood'� severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensatiom, Section 7 Freight Charges'and Payment _(a), You. -are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges, The respective liability of you and the consignee for additional charges provided for herein shall be (b) Nothing inthis bill oflading shall limit the right ofthe carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described inthis bill oylading, the freight charges must bepaid upon the articles actually shipped. Section nEffect mfShipper Signature If this bill of lading is issued on the order ufthe shipper, or his agent' in exchange in substitutionfor another bill o<lading, the signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of thjq-bill o [a! inp ,Oal fully as if the same were written or made in or in connection Milli I& Section Transport byWater If all or any part of the Property i and any loss of or damage to the r6jTd�t� 6ccbrg Whi elt ig in the custody of the carrier providing the water carriage, the liability of such carrier shall be -if Iling,and by the laws and regulations determined by that carrier' ,,.bill applicable to transportMl6rf E, URwater carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as mCopyright u004 J.^xsusp^ASSOCIATES, INC..Neenah, wx^USA ~mvm^o-6o68^°°wiwolle"=m^Printed * the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE SHIPPER NO. ALCHEM, INC. CARRIER CARRIER NO. 2/29/2008 DATE SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: . CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET STREET RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 062007 550 073F ..� Weight Class Number and Type of Packages DescriptionHM correction) or 22.5 TONS OF BAUXITE SAND NSF} Cedirodto ANSMSF BO GROSS: 75,200 TARE: 30,200 NET: 45,000 Remit CODto: Subject to Section 7 of conditions, if this shipment is to be delivered to the consignee �OD COD FEE: Address: without recourse on the consignor, the consignor shall sign follin statement: AMT: Prepaid ❑ CI a ly: State: Zip: Th arrieowr sh I not make delivery of this shipm ithcut p t f freight and all other ❑ lawl c rges. Collect NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES' FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per $ ❑ Prepaid ❑ Collect I / lygnature of consignor) RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carder nd shippe , if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent go d order, except as noted (contents and conditlon of contents of packages unknown), marked, consigned, and destined as indicate( below which said company (the word company being understood throughout this contract as meaning any person or co oration in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t( deliver to another carder on the route to said destination. It is mutually agreed as to each carder of all or any of said Pro rty over all or any po tion'of said route to destination and as to each party at any time interested in all or any of said Property that ever) service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi! assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: ALCHEM, INC ALCHEM, INC SHIPPER: CARRIER: DENISE WOLCOTT ERIC WALKER PER: PER: 2/29/2008 800 424-9300 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation S" ":0Uf%K1C BII III00CM. / \ Minh irtinn ctnrpnp innirfpntni to trancnnrtnfinn (179 AnA) 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) Ix the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading, party entitled to receive it at the destination; location, or Said Section i Limitations of Liability consignee or party entitled to receive it shall fail to receive it �, (a)�-M,,,cairie-r or party in possession o, the Property shall be liable promptly, the carrier; may, in `iflydgrti b,i� lrt� prevent as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the same to the best except as hereinafter provided. advantage, at private or public sale. Prior to selling the Property, (b) The carrier shall not be liable for loss of, damage to or delay in ; :�f j ?o ! " � �' `�r'v 11 — , s oo ify receive rts you and delivery of the Property: _,,. t, l v , ;, d r sl ft, (1) caused by an act of God,'the AIC enemy, the authority of re ��3 : q M irsXi.Nclicjnp c , rci qq�q k not, Property. law, or any act or defJAI(Do yR-ar crldr #'ire owner of the (d) If the procedure described in subsection (b) and (c) is not Property, or fop nara!`skrrnl< 9e ,�r _; , �t.e>.a,i F Yr c commercially reasonable, the carrier may, at its option, sell the Pro ert untlgr« ' 1' p y ff li. i GUr �t }&C S d ifI.,SI •11 manner as may .a _3 (if) occurring while the Property ,s stopped and held in transit at . be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, der-nurrage, storage, and any (ii) resultinq from a defect or vice in the Property, or from riots or ) rstrriRes f a '1 other lawful charges acid the x �ern�@col ly rc� , advertisement. �'� r it;..k an�other necessary mxpbrrs din riot oaring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed Jf you..direct I}er: arri to:d. lit or the,,Property to a location where lb'jrt}fere s r rr ' rl Gap `Uii fed f;eig`f-t�agent, the carrier shall not upon in writing as the released value of the.,.,Pfoperty as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rate,,is location after the Property has been Unloaded at such location. based, such lower value plus freight charges ifrp lv&Awhe ° Section 5 Valuable Items maximum amount to be recovered, whether or no or damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims '" lesser of the amount of your actual damages or the declared �.....__r '✓J value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage tothet Proerty must be filed in writing with the carrier issuing �th�arft,€, Ing any freight charges paid by you, within nine months after delivery of the Property -(or, in -case -of (b) The carrier small not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to m kai' r'very,.G`�n{ 'within nine months agreement to do so and a stipulated value of the articles are after a reasonable time fo F d6 ivdry has bilapse'd-' All causes of endorsed on this bill of lading. action must be instituted wi#ftit�vo;years.*t3f4ving the date when written notice is given by the„carr,'ier to,you t at the carrier has . Section 5 Joint Liability for Hazardous Goods disallowed the claim or anObart dr parts`th ereof specified in the You, and i€'you are an agent, any owner of the Property, shall: be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their- nature. At the (b) The carrier shall have the full benefit of any insurance that may discretion of the carrier, any such roods may be warehoused at your and the have been effected upon or on account of the Property in the owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 Freight Charges and Payment Property. (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property p Y p Y additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only, to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the pa,, entitieO,tol riWeive it, or said It ` we edwrgrttenaolbe r de indore cornd a recof this bill tion fa tlfifs lading ii c. M in as if the same consignee or party entitled to rbiVve� fobs o receive it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Proper . xt, ptt li t,attat €an to the highest bidder, at such place as ma}1 �e' i e igrta e 'lay iFre carrier. Prior If all or any part of the Property i earrie� Iqy,=(({{rp el ovo . �y part of said route, and any loss of or damage to the'1'ro eft}r".C'bf;rs�'A'Ie it' is" in the custody of to any such sale, the.1carriw-sbali use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you- Q"t%lie` property has been refused or the be, it be determined by that ca lrier,s.. bill,.pf lading -,and by the laws and regulations i 3ch`"•water remains unclaimed, as case may and that will applicable to transporti28f ;7 N r. carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. Copyright 2004 J. J. KELL.ER & ASSOCIATES, INC.. Neenah, WI • USA • (800) 327-6868 > www.ilkeller.mm - Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. CARRIER SHIPPER NO. CARRIER NO. 3/3/2008 DATE SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 062007 550 073F Class Number and Type of Packages HM 11 Description of Articles or Rate 22.5 TONS OF BAUXITE SAND NSF ctatrtirmdto ANSMfSF W GROSS: 74,650 TARE: 29,650 NET: 45,000 Remit COD to: Subject o be deliverSection r of conditions, If this shipment is to ed to the consignee COD COD FE E: ,. Address: with recourse on the consignor, the consignor shall sign the following statement: AMT: Prepaid ❑ City: State: Zip: The carder shall not make delivery of this ship nt witho t payment of freight and all other Ia charges Collect ❑ Q $ CHARGES: NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the_,,TOTAL CHARGES:FREIGHT agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per El Prepaid ❑ Collect sig re RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier nd shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent go order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or core ration In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t deliver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby greed to by the shipper and accepted for himself and hl assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C:14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: DENISE WOLCOTT CARL JONES PER: PER: 3/3/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the' (c) If the Property is perishable and is refused by the consignee or ^property").you agree to all, ofthe terms ofthis bill oflading. party entitled *oreceive it at -the destination location, msaid Section Um �y �O R�� ������ consignee o, party entitled to eoe�o it |m receive it ~ carrier, ^prevent ay, ��� �� (a)��M�r � ofUmPmpe�yahaU he Uob� as at common law for loss of or damage to such Property,~p~''~~^~/ ~' furtherdeterioration,~~~^ ~~ same to the best except as hereinafter provided. advantage � ������| �� ���� � ��� or�|� � ��it�o arc' r hall notify~forts to r~ '��p�M�`f�h�d��f��� receive � and - - d*|hmryofthe Pmpe�� ' ��Pmperty. N """se" by "'' act °' kV If the procedure described in subsection (U) and k� is not'"='°'=v°^`"'"="'" pmP*�8»�RC ni| [�a����npVnn.aeUthe -��- u �N���4�'manner aomay (ii) occurring while the Property ismoppedandheld in transit at be authorized by law. your request or that orany other party entitled to make such. The oarhe,shall apply the proceeds of' md ad underthis' '' section wthe payment nf'�eightdem e, storage, and any �0) resulfrgm�adefect orvice /othe Property, o,from riots or other lawful charges and th advertisement, ne|o, and other necessary I ex dTiNd�N'of !caring for and (c) To the extent permitted under the Carmark Amendment, themaintaining the Property,U proper cam of the same »aquinye liability ofthe carrier for the Prop&ty may delimited toavalue special expense. |[ following payment of the preceding there ieu established by written or electronic dooumhmn by you or by balance, such balance shall bepaid mthe owner ofthe Property written agreement between the carrier and you, |nall cases nm � oo|dhareun�e prohibited by law, where a lower value than actual value has (0^ location where u«/��|��6K3\����r|6h<n����jf6�'�ngen( been mprauen,adinwri§ngbythe ah�perorhas been agreed the carrier shall not upon n writing as the released value of m rm o be liable for any loss u,damage mProperty. occurring at such determined by the classificationtariffs based, such lower value plus freight charges to be location after the Property has been unloaded mtsuch location. Section 5Valuable Items maximum amount eoowyed. or nl Of damaa0000umfm� m negligence. �p� (e) The carrier's liability in connection with the Property is limited to ,/ Gu��ion��i|inQo��|aimm �~~' the �see,ofthe amount ofyour emua|damages o,the deo�md value stipulated bythe carrier onthe face mfthis bill o/lading Plus (4 Claims against the carrier for loss of or d %(h) any freight charges paid by you. must be filed in writing"with the carrier issuing" within ""'" months after delivery"of the ''"pe'v "' ^"=""' The carrier ehoU not be liable in any way for any documents, p'. export �a�o within �umun�aaftb specie,forarticles��s«�aondi wd mx pnc�ueU - �� -^ �` rated in the published classifications or tariffs unless a special or, in case of failure to rn�,�p,,d glivery, 44-ry�yoiD nine months instituted the date agreement to do so and a stipulated value of the articles are endorsed an this bill of lading, action must --' -----'-----'gwhen — written notice is given by lbfjcarr�qr to-yo%qiat the carrier has Section Joint Liability for Hazardous Goods disallowed 'the claim if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted prop!3rly in severally liable for and indernnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of exPilosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the ` (b) The hN��n���� insurance �� discretion'^~'~~~~'~any such goods may be warehoused at your and the - . have been e.=ve� "pm. = on account of the nvv=.y in the. owners risk� ' ' even that the cenie,is liable. for loss ofordamageimthe Section Freight Property. .. ` �' (a) You are primarily .. Section Method cfTransportation charges, unless you stipulate, in writing Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. additional charges. The respective liability of you and the Section Responsibility for Property consignee for additional charges provided for herein shall be. (o) If the Property is not removed by the party entitled -to receive it pursuant U.S.C. 137OG� within' the free time allowed by tariffs or classifications u � � h (b) Nmhinginthis bill nflading ahaUlimit the r�hnftecarrier to wmu/ the rate is uuuv" (such,free time to be computed as. require the prepayment or guarantee of charges at time of therein provided), `` shipment, K upon i determines that the arrival of the Property—` articles shipped are not othose described in this bill m um.s, the (if intended ^for freight charges must bepaid upon the articles actually shipped. Property in - public or ''~`''~-- warehouse -- at the place- of Section �Q���of8hipper�1gn�guoe ~ delivery �m ���b� �8m �e ' stored Property will bosubject Lualien for all freight and other If this um of lading is issued on order of the oh pp�. u' mx i lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall bothat ofawarehouseman only. mthe prior bill mlading uvmthe statement mvalue motherwise, melection Except ~` provided '^ subparagraph ``Property of common law or bill of lading liability such phor�U `, �- refused bytten of lading, h�|b000noidomdapaUo(�A��V ' |�an�the same in consignee or party entitled to ivd were or or connec�o�1 days after notice of arrival shallh been duly kmn, the Section Transport byWater carrier may sell the Property �at-gqPljc austion,,to the highest bidder, at such place as may 1�4'd si��Wd ��'the carrier. Prior If all or any part of the Property i of said and any loss� of or damage to the Pr�pUe y6ccur§ Aife ? I§ i to any such sale, use cornmercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that carfjiex!��. bill�-Qf ladjrig�ancl by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transport�Y,116� 6�t fe'r. !�6`A:water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all'the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. �Copyright ,004^J.neusRaASSOCIATES, INC.,Neenah, vw^USA -mvmo27-6o68^°�w.jm"lle="rn^Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —Nor NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. DATE 3/4/2008 TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073F NSF CeFWwdto ANSMISF BO GROSS: 74,650 TARE: 29,6501 NET: 45,000 Subject to Section 7 of conditions, if this COD FEE: Remit COD to: shipment is to be delivered to the consignee (% AMT: without recourse on the consignor, the consignor WOD Address: shall sign the following statement: Prepaid ❑ i a 2�e�. arder shall of make delivery of this City: Slate: Zip: shishout pa it freight and all other -Collect ❑ law NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carrier d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are avaliabl, to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to Garry to delivery at said destination, if on Its route, or otherwise t, deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi. assigns. ' NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and NY are in proper condition for transportation according to the applicable regulations of the Department of Transportation PE SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. V PER: DENISE WOLCOTT PER: CARL JOKES 3/4/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 lJ T���8��� ����� _--__- - '_ -By giving the carrier the property described in this bill of lading (tile '1zmporty"), you agree to all of the terms of this bill of lading. Section Limitations V$cWQ�ol�rVr or party in possession ofthe Property shall beliable aaatcommon law for any loss ofordamage msuch Property, except aohereinafter provided. (b) The carrier shall not baliable for loss of, damage <oordelay in delivery ofthe Property: (i) caused by an act of G law, or any act or de&0113! I Property, or o»L 1-' ./v yV occurring while the Property is stopped an held in transit at your request or that of any other partyenUtlegtomake such @V resulting from adefect orvice inthe Property, orfrom riots or I T0(�@RJWOS�00 (o) To the extent permitted under the Carmark Amendment, the liability ofthe carrier for the Property may Uolimited ooavalue established by written or electronic declaration by you or by written agreement between the carrier and you. In all casesncu prohibited by law, where u lower value than actual value has been represented in writing bythe shipper orhas been agreed upon in writing,h | d value ol the,,Propeflxl determined by the classification or tariffs upon w6ich the rateis based, such lower value plus freight charges ifillp h maximum amount to be recovered, whether 9 or damage occurs from negligence. Section 2Filing ofClaims (m) Claims i of &-- must be filed in writing with the carrier issuing 4h7"J'A41%. in within nine months after delivery of the Propefty or, in -case-- f export traffic, within nine months after delivery at port of export) or, in case of failure to m e,.4 ,jtoF� nine months after a reasonable time I W6FAII causes of action must be instituted wi(N7.W the date when written notice is given by p a' r'ri'e r to*- ou, that the carrier has disallowed the claim or d in the ' notice. Uyour �aim or action isn��'�|a1nrinsU ' properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not bopaid. (b) noiitofany insurance that m�/ hmv� eh e��o�d�ponor�on au��un o� Uho ���ih the the carrier is. liable for loss of, or uoirieg& to the pmpa���' ectio'n' 3 .'Method of Transportation Except as 'expressly agreed in writing by the parties to this bill of lading, tile carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between tile point of shipment and the point of destination. Section 4Rospmnsibi|ity for Property (a) If the Property is not removed by the party entitled xureceive it within the free time allowed charges,which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party, of the arrival of the Property at the destination or at the port of export (if intended for export), The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful including a reasonable chargestorage. carrier's responsibility shall bethat nfawarehouseman only. (b) Except as provided. in.suboar4graph 4(c) below, if -the Property is refused by consignee or the paIrty, eft'V d . - it, or said consignee or party entitled to rb�%'fve, 9"InVeeive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property 3 -. i,q aVplion. to the highest bidder, at such place as may LMJOO`81�tAteldIry`t�e carrier. Prior to any such sale, thq-.i��r �all use commercially reasonable efforts to notify you that Hel Z_. Property has been refused or remains unclaimed, as the case may be, and that it will be Subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. (c)V the Property is perishable and is refused by the consignee or party entitled to receive it at the. destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the, carrier, may, in,',?tM1dt§�Fqflb1),J,4p a pr vent deterioration or further deterioratG�, sell the sam8 to the best advantage at private or public sale. Prior to selling the Property, il receive it, and (d) If the pr�cedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property unW&ia. 'a' r`iWD'd616ea 61iaFt manner as may be authorized by law. (e)The carrier shall apply the proceeds of any sale made under this maintainingsection to the payment of freight, demurrage, storage, and any other lawful charges and the.,p�RPrise,oA advertisement, sale, and other necessaryG.1XI 'WO6'Rcaring for and ,, the ,. proper="e of the same requires ' the preceding there is a balance, such balance shall be paid to tile owner of the Property ` sold hereunder. '�gent, the carrier shall not be liable for any loss or damage to, Property occurring". location after the Properly has been unloaded at such location. Section Valuable Items (a) The carrier's liability 1nconnection with the Property islimited m the lesser of the amount ofyour actual damages or the declared value stipulated bythe carrier onthe face oithis bill oflading plus any freight charges maid by you. ' (b) The carrier shall not be |iub|o in any way for any documents, specie, orfor any articles nfextraordinary value not specifically rated in the published classifications or tariffs unless a special agreement monuo and stipulated value mthe articles are endorsed unthis bill oflading. Section Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint d severally liable indemnity caused by the shipment of explosives, dangerous or hazardous goods; without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the ,owner risk and expense or destroyed without compensation. ,section 7, Freight Charges and Payment,, ­(a)�­Ybu are primarily responsible for the freight and all other lawful charges, unless you stipulate mwriting that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of 'you and [tie consignee for additional charges provided for herein shall be pursuant m4oU��C§1370V (b) Nothing in this bill of lading shall limit tile right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the ' articles shipped are not those described i this bill oflading, freight charges must bepaid upon the articles actually shipped. Section Effect ofShipper ' Signature ` If this bill of lading is issued on the rde of the shipper, or his agent, i exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of ladinq as fully as if the same were written or made in or in connectiorbA tqC3IA6).l!Ang. Section Transport by ater @ Copy(dht 2004 J. �. KELLE6 & ASSOCIArES, INC.. Neenah, WI - USA - (300) 327-6868 - wvv,.vJjke1Ier.corn - Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE' ALCHEM, INC. DARRIER SCAC SHIPPER NO. CARRIER NO. 3/5/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIS PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377. STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 OF BAUXITE SAND VEHICLE NUMBER NSF ANSIINSF 60 GROSS: 74,540 TARE: 29,540 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Subject COD FEE to Section 7 of conditions, if this ' Remit COD to: shipment is to be delivered to the consignee C0� AMT: ' ,.1,.1 without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ Th carrier shall not make delivery of this City: State: Zip: shipm without pa a of freight end all ther Collect ❑ lawfu arges. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the Carrie and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent g od order, except as noted (Contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or cc oration In possession of the property under the contract) agrees to carry to delivery at said destination, If on Its route, or otherwise t deliver to another carrier on the route to said destination. It Is mutually agreed as to each Carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by jhe shipper and accepted for himself and IIIassigns. /% NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in orooer condition for transportation accordina to the aoolicable regulations of the Department of Transportation PE I ALCHEM, INC ALCHEM, IN(. SHIPPER: CARRIER: DENISE WOLCOTT CARL JONES PER: PER: 800 424-9300 3/5/2008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 .�l������� �J��� ' ---'---~----- By 'giving tho carrier the described, in this bill of lading (the ^pmport(1.you. agree voall of^hoterms o[this bill oflading. Section $4or*partyi possession ofthe Property shall boliable as at common law for any |000 ofordamage to such Property, except as. hereinafter provided. V4 The carrier shall not be liable for loss of, damage (ourdelay in delivery ofthe Property: , (i) authority of |mm or any a� gof-the Property, or19.r la�,� (ii) occurring while the Property is stopped andheld intransit au your request or. that cxany other party entitled mmake such request. �00 | ��yqado�o orv�einthe Pmp*��or�nmhnmnr ]U � (c) To the extent permitted under the CurmedkAmendmont, the liability of the carrier for the Property may be limited to ava|un established by written or electronic dadu�� by you or by �� agreement between the� and In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of thQ`_,P­r&'p'_e_r'1y,1as determined by the classification or tariffs upon Law based, such lower value plus freight charges 1 maximum amount to be recovered, whether 0 damage occurs from negligence. Section 2 Filing o fC|mima ;4 Claims against the carrier for loss of or da must be filed in writing with the carrier issuing I within nine months after delivery of the Prope0_(0_f,_ in . "' &-a'-s- e__ 6 f export traffic, within nine months after delivery at port of export) or, in case of failure to mop�4,qfl7i�ry, 1h*,qq("' nine months after a reasonable time fo J� ry ha's,,q1amsFd- All causes ' of written notice is given by �)I�)iqarrtqr to -yaqlt[iat the carrier has disallowed the claim or any parf or parfs.tfiereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (W The carrier shallfull benefit nhany insurance that mayPave been effected upon or on account o/the Property: in'8m` �n �6�# �Uub� �x loss of or damage- t���' �Property. Section Method cfTransportationExcept as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time Ior any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time |lowo riffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving partV.of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, -in its discretion, may store the Property in a public or 'licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall bothat mowarehouseman only. (b) Except -as provided in su, bpar.agraph 4(c) below, if the Property is - refused by consignee or the patty., eT.J1t[1djtq rqpeive it, or said consignee or party entitled to riec'e�iVd it 1611s �d'r-&Cbive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the P rope rty,;at�pq0Ijc auctip to the highest bidder, at such place as may be esigr 1Z carrier. Prior to any such sale, use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. CONDITIONS (c) If the Property is perishable and is, refused by the consignee or party entitled to . receive it at the destination location, or said consi. rty -entitled to receive it shall fail to receive it pronee or mptly, the' carrier, rnay, prevent dotehomUun orfurther deterioration, sell the same to the Voa advantage at private or public sale. Prior to selling the Property, you �{4| me'��u�ru��n�' it, and k4 If the procedure daochbaU and (c) is not comi-nercial option, sell the Pr op uno4omhrxmumivnmde,g mauonmanner asmay Uaauthorized bylaw. V$ The carrier shall apply the proceeds of any sale ad de this section to the payment of freight, demurrage, storage, and any other lawful charges and the,,.expen!Fpq,� nolir, advertisement, uu/e. and otherynecessary �pen �vg a'/p Ofcaring for and - maintaining the Property, 8proper care o(the same requires special expense. |ffollowing payment of the preceding there iau balance, such balance shall bapaid mthe owner ofthe Property sold hereunder. Vi to a location where rty be liable for any loss or damage����.'-p~~ occurring ~such location after the Pmpen- y has -_. unloaded no such location. Section Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser cdthe amount o(your actual damages orthe declared value stipulated bythe carrier onthe face ofthis bill oYlading plus any freight charges paid byyou. (b) The carrier shall not be liable in any way for any documents, speoio, orfor any ar8doo of extraordinary value not specifically rated in the published classifications or tariffs unless special agreement tuUosoand astipulated value ufthe articles are endorsed onthis bill oflading. Section Joint Liability for Hazardous Goods You, and i|you are an agent, of the Property,h || be joint and severally caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the oWn'er',s risk and expense or destroyed without compensation.. Sqctlonp'Frelghf Charges and Payment 'kj . .are ptima'rily responsible -for the'freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the for such ' additionaloriginallading, ~' shall charges. The respective liability liable "~ the consignee for additional charges provided for herein shall be pursuant ou49 UfLS.g 13700, (W Nothing inthis bill mflading shall |\mit the right ofthe carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles freight shipped must tmpaid upon the articles actually shipped. Section O Effect afShipper Signature If this bill of lading is issued on the order of the shipper, exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this Pill Ot Li,%,al- �ft fly as if the same Section Transport by Water If all or any part of the Property i and any loss of or damage to the' Prop'6�1y­6ccu`rs­W i e it is in the custody of the carrier providing the water Carriage, the liability of such carrier shall be determined by that c�rrpl.;'Sl 12R.jand by the laws and regulations applicable to tr, I y'water. iar water carriage shall be performed subject to -all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as @ Copyright-2004 ^^xsLLsnuASSOCIATES, mo w="ah-vm^USA ^womo27-6o68^°°mkelw"co=^Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER STREET STREET RED SPRINGS, NC 28377 DESTINATION - STATE ZIP ORIGIN ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. 3/6/2008 nATF SCAC ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073E NSF QN,��,o ANSIINSF 60 GROSS: 74,225 TARE: 29,225 NET: 45,000 Y ZIP Subject Section 0} conditions, if this Remit COD to: o COD FEE: shipment is be delivered ed to the consignee CAD AMT. without recourse con e on the consig ,the signor Address: shall sign the followingstatem Prepaid ❑ The carrier shall of ak delivery of this City: State: Zip: shipm t without pa a of (eight a all other Collect .❑ law- I harge NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (SignWe of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the ramie and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent g od order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate( below which said company (the word company being understood throughout this contract as meaning any person or c oration in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t( deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested in all or any of said Property that ever? service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and Ith assigns. NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A)' and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: 46p, SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: CARL JONES 3/6/2008 800 424-9300 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: f 1 including storage incidental to transportation (172.604). ?11-BLC-03 12267 TERMS AND By giving the carrier the property described in this bill of lading (the Property"), you agree to all of the terms of this bill of, lading. Section. I Limitations of Liability (a) or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: , �he authority of I I by (i) caused by an act of God, Ub iC rid , law, or any act or defRAVC13I911}60G&W, �Q& owner of the Property, or tqy,qpA,, ralsp (if) occurring while the Property Is stopped and held in transit at your request or that of. any other party entitled to make such request. (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fall to receive it promptly, the carrier, may, prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, . 11 r.,.shAI�14 p qrrimegia,y ix is to notify you 2e stort i Clot I q 'JI/I 1 4 1* , qecf 'lure receive it, and ,equo.'s i i qnm, f, Property.. (d) If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property undesF.s% b Z140i i aRt manner as may be authorized by law. (e) The carrier shall apply the proceeds of any safe made under this I ,ki-.rtinn M thp nmtmprit of frp.inht ripmiirrpruz qtnrwip inri smv %) resulting, trom a detect or vice in the i-roperty, or trom riots or r k 1. friA C I(),, 41si 2A VS. C) other lawful charges and ti le advertisement, . sale, and other necessarydf caring for and (c) To the extent permitted Linder the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has ej X -�y pu-, irect-ftp,car tQ ver the; PToperty to a location where been represented in writing by the shipper or has been agreed tyO.'r- Y4, AM fgioE,agent, the carrier shall not upon in writing as the released value or the -Property, as determined by the classification or tariffs upon W6ich the. ra.t#,Is be liable for any loss ,or damage to Property occurring at such location after the Property has been Unloaded at such location. based, such lower value plus freight charges if 4P hk r maximum amount to be recovered, whether o, n 0. Section 5 Valuable Items damage occurs from negligence. (a) The carrier's liability in connection with the Property is limited to Section 2 Filing of Claims the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage -too �hh,.e.,Property must be filed in writing with the carrier issuing it jitfJding any freight charges paid by you. within nine months after delivery of the Property --(or; in case- df (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to maka de�ivery, N4 .P 'Ll". V, ithin nine months �1 W06"Aii agreement to do so and a stipulated value of the articles are after a reasonable time for- causes -of. action must be instituted wiaQY_!�it (�earOffb.Vng the date when endorsed on this bill of lading. . written notice is given by t�?,qaji,Qr f that the carrier has to.-yo ArTof Section 6 Joint Liability for Hazardous Goods You, and if are an agent, any owner of the Property, shall be joint and disallowed the claim or an specified in the you notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier shall have the full, benefit of any insurance that may have been effected Upon or on account of the Property'in the discretion of the carrier, any such goods may be warehoused at your and the olhrier's risk,and expense or destroyed without compensation. event that the carrier is liable for loss of or damage to the Section 7 '.Freight Charges and.Payment I I 1 .11 1 1 i. � I :,�, 1, Property. , �e primarily responsible for the freight and all other lawful (a) You 'o Section 3 Method of Tran I sp , ortation charges, Unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment I reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the po int of destination. additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706, within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party of the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in'its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the plac e of Section 8 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responislbility shall_ be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b), Except as pr6vided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with Such prior bill of lading, shall be considered a part of this bill of ladinp as fully as if the same refused by consignee or the`pe� t e tftl d t q, calve it, or said 1� C( _010113A q �izf Xcleive h VK , Ang. were written or made in or in connectiorfAt N110.1a consignee or party entitled to it within 15 days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may sell the Property ,git-, ,p. Plic aLIC tan -,to the highest bidder, at such place as may Ik:d6s1Igr Vthe carrier. Prior If all or any part of the Property is-rPrri,?q �y 'er-0 er.f part of said route, I p�-p S� N& it i � in the custody of and any loss of or damage to the Prt, r' 17t s to any such sale, th6;qrrier,,��,ph-ail use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you tha�flthe -Property has been refused or determined by that caqier,s, 1p�ill _qj ladina,,and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transport918h',b'Y1h41k d-Och-water carriage shall be performed subject to sale under the terms of the bill of lading if YOU do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as . . - applicable. 0 Copyright 2004 J., J. KELLER & ASSOCIATES, INC., Neenah, WI - USA - (800) 327-6868 - www.,ijkoller.coni - Printed in the United states STRAIGHT BILL. OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. ;ARRIER SCAC SHIPPER NO. CARRIER NO. 3/7/2008 nATI= TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET RED SPRINGS, NC 28377 STREET 8135 RED ROAD ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSE certirodto ANSIINSF OU GROSS: 74,226 TARE: 29,225 NET: 46,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Subject to Section 7 of conditions, If this eCOD FEE: Remit COD to: shipment is to be delivered to the consignee CAD AMT: ,J,J without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ The carder shall not make delivery of this City: State: Zip: shipmnt chawithout payment of freight and all other Collect❑ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the ca er and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to may to delivery at said destination, If on its route, or otherwise t deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each parry at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: //4V__ SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC PER: DENISE WOLCOTT PER: CARL JONES 3/7/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( 1 including storage incidental to transportation (172.604). 211-BLC-03 12267 TERMS AND CONDITIONS By giving the carrier the property described in this bill of lading (the . , (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to all of the terms of this bill of lading. party entitled -to receive it at the destination location, or said Section 1 Limitations of Liability consignee or party entitled to receive it shall fail to receive it e ` f, promptly, the carrier, may, in,�1Wlcj" V.i`,i�tQ,,,lf#o prevent (a) •e I�t� altrr„r or party in possession o� the Property shall be liable as at common law for any loss of or damage to such Property, deterioration or further deterioration, sell the same to the best except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, i tha catr� e''r. sftait us cam, r,VeFciajl}�( r�ea o tal�i�a tforts to notify you (b) The carrier shall not be liable for loss of, damage to or delay in �j%".{ ra"O tf4e= i�0-dAf,i� r t r'o)J i'ty `V't"hx`f'aiOrd tb receive it, and delivery of the Property: i _} iO A regL9d�t)iu�slrij �e �r����Iijg��ist dui@ �r¢"tff• fe Property. (i) caused by an act of God� the,-p6lic_er�,enys*the authority of (d) if the procedure described in subsection (b) and (c) is not law, or any act or de4avali�~k?i jyo�i• tad or the owner of the commerciaily.rg, spinabl tl, eq Qarrj r_�.na ,�a ids option, sell the Property, or` r $Viral:yf rink eye 'tit£{ ,1{":i�j Property untfEt ch dj z'isterac s a�i�bir ,I manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such' , (e) The carrier shall apply the -proceeds of any sale made under this request. section to the payment of freight, demurrage, storage, and any (iii) .respiting,f�orai� defect or vice in the Property, or from riots or other lawful charges and the.•.Tx en etoI c QI' e, advertisement, l ' 0Tikes i1t,:.„ sale, and other necessary r e rdlise' an or caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. in all cases not sold hereunder. . prohibited by law, where a lower value than actual value has ppta �a.r e ts3 del' r tre • roperty to a location where been represented in writing b the shipper or has been agreed C�•''rr `' 1 � ' t ((.aj idp ly P 9 Y PP g ihere' 1s id tegutarly [I to frgidht'agent, the carrier shall not upon in writing as the released value of thg•-tom'roperty, as be liable for any loss or damage to Property occurring at such determined by the classification or tariffs upon which the rateNs location after the Property has been unloaded at such location. based, such lower value plus freight charges iffi pa h Section 5 Valuable Items maximum amount to be recovered, whether o n or (a) The carrier's liability in connection with the Property is limited to damage occurs from negligence. - /r the lesser of the amount of your actual damages or the declared Section 2 Filing of Claims t".g value stipulated by the carrier on the face of this bill of lading plus (a) Claims against the carrier for loss of or damage t%th ; Prsertry any freight charges paid by you. must be filed in Writing with the carrier issuing�thismbilili dingy (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (oF,'in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to mrdivery, .tFIQ'Y�t?g nine months agreement to do so and a stipulated value of the articles are after a reasonable time for cleWpry has_ ,lapsed. All causes of • t . endorsed on this bill of lading. action must be instituted wititti•firvbjyears" I�difving the date when Section 6 Joint Liability for Hazardous Goods notice is given by t�hejpardgr toy(N that the carrier has disallowed the claim or any part' or parts i:54r6f specified in the You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b). The carrier shall. have the full benefit of any insurance that may .discretion of the carrier, any such goods may be warehoused at your and the have been effected :upon or, on account of the Property,in the owner's -risk and expense or destroyed without compensation. event that, the carrier is liable for loss of or damage to the ,',S6ctiorf 7 Freight Charges and Payment Property.% (a) You are primarily responsible for the freight and all other lawful Section 3 Method of Transportation charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in fhe shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13746, (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at . time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered apart of this j�jll o�` lt. ointq as fully as if the same were written or made in or in connection til� t d �•F3ill n�•iing. Section 9 Transport by Water If all or any part of the Property is c�� Tied y gjer ra,� y art of said route, and any loss of or damage to thelFrroperty occilrswNie� is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that c tr'�' bilkgqf� lad'tt ,and by the laws and regulations applicable to transportaY�6Yfyrwafer. Sub water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. Section 4 Responsibility for- Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon%, which the rate is based, (such free time to be computed as therein provided); the carrier may notify the receiving party of the arrival of the Property at the destination or at'the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place; at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the-pafjyl e5tl •tc) deceive it, or said consignee or parry entitled to t6ceNd rt i s to recerve it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property- t�ir�t blip augqt�l�on>>to the highest bidder, at such place as may b6 designated by`the carrier. Prior to any such sale, th�pirrir ;salt use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. Cep Copyright 2004 J.J. KELLER & ASSOCIATES, INC., Neenah, WI • USA • (800) 327-6868 • www.iikeI1er.com • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. DATE sn/2008 TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 0731' NSF certimto ANSUNSIF 60 GROSS: 75,150 TARE: 30,150 NET: 45,000 Subject to Section 7 of conditions, if this Remit COD to: COD FEE: shipment is to be delivered to the consignee CAD AMT. without recourse on the consignor, the consignor Address: shall sign the following start ant: Prepaid ❑ Th carrier shall n ake delivery of this @ City: State: Zip: shipme c hout payme f freight and all other —Collect ❑ lawful arges NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per signature of Consignor) ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carrier a shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent goo o er, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate( below which said company (the ward company being understood throughout this contact as meaning any person or corpo ion in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise t( deliver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by t e shipper and accepted for himself and hi; 'assigns. / NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and IM=LEPHONE in proper condition for transportation according to the applicable regulations of the Department of Transportation P ALCHEM, INC ALCHEM, IN r IPPER: CARRIER: R: DENISE WOLCOTT PER: CARL JONES 3/7/2008 800 424-9300 DATE: ERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation NUMBER: If 1 including storage incidental to transportation (172.604). r 11-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is refused by the consignee m ^Pmporty").you agree Mall o[the terms ofthis bill oflading. party ond#od to receive it at the destination !ncation, or said Section Limitations of Liability consignee or party entitled to receive it shall fail to moeiwo it (e)8P�����or party in possession ofthe PmpertynhoUbeliable promptly, the »a'r|*/. may, in�]����k����J/� prevent aeatcommon law for an loss nfordamage msuch Property,deterioration ~' '"'~'~ deterioration,~ °= "'� "�''� � "'� "°"^ except aohereinafter provided. advantage (b) Thooanimroha!|notbe|iab|efnrioaooCdamage\oorde|ayin�)rr use i�, forts to notify '-- and de|�eryof�mPmpoUy� - -- --- - - - --- ` req~~ 0 Property. `^'. ��""by"°� a~ or any ~° = " and (� is notV> h� K �m ''"p='»`°�5� xu� k opUon.w�|the p onW�t�K����p�8�'��#��%i��t��manner aomay (ii) Occurring wf�i|othoPmpart�iostopped and held intransit ou boauthorized hyjaw. your request orthat oyany other party entitled ^zmake such '' The carrier uhaUapply the d '� | d dthis request. ~ section to the payment of freight, demurrage, storage, and any | ad�e���m��epmP�Xo,�m��� �CTD�a�0��00��0 otherlawful charges and the,, sale, and other necessary ���'".�ng for and (c) To the extent permitted under the Carmark Amendment. the maintaining the Property, if proper care of the same requires liability of the carrier for the Property may be limited to ava|oo special expense. If following paymentnfthe preceding 'there isa established by written or electronic declaration by you or by balance, such balance shall bopaid 'to the owner ofthe Property written agreement between \heounie,andyou.|na||oaaonno/ sold hereunder. prohibited by law, where a lower value than actuol value has been epmaontodinwriting bythe oh�parorhas been agreed J8^ _D/!0A���6k&�vd|& f/gig4�agen(the carrier shall not upon in writing h | od value of the,Property as' � be liable any |uuu or*damage to Property occurring at such determined by the classification o,tariffs upon w6ch the ratNs location after the Property has been unloaded ausuch location, "==e" such lower value plus "freight charges " Section Valuable Items maximum -- amount to — recovered, — whether- damage-----'-~'~-- (a) The noniehnUobi|dy in connection with Property is limited k/e� Section �Ungnf��hno \^ ��rx e|neoero�mamouo|you,no��do the declared --bN (4 Claims against the carrier for loss of or damago-to e: ert valuestipulatedby the carrier on the face ofthis of ladingplua any freight charges paid byyou. must be filed in writing with= the carrier ~°""g' (b) The carrier shall not be i|nhle in any way for any documents, within == months after delivery"of the `'"p" Y -of specie, or — anyarticles of extraordinary value not specifically export ��hn within �amon�oafto ��km at of export rated in the published classifications or tariffs unless a special or, in case of failure to makf� delivery,1D�q9 M , � � nine months agreement to do so and a stipulated value of the articles are a le time fo a ivory & All causes of action must uamonm�owmh� '`- lading. notice is given by iii;igr to,,you;that the carrier has ��o 6 J����!dy«����ous Gam� You, d if | the Pr bd�o\�wod�ed iwritten specified in operty,shall notice. |fyour claim or action in not filed or instituted properly in severally liable for and indemnify the carrier against ail loss or damage accordance with the foregoing provisions, the carrier shall not ho ca«a*n by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not bepaid. without giving prior written notice to the carrier of o`e/, nature. At the (b) —,-^- eh-o-U-huvathe full, benefit of any inn-- that m ~i°^ed~'of the ��~''any such goods may `~ warehoused ~^ your and the ' 'upon or onacdounfof.'the'P�6pbrty -in the »wno/orisk -and expense n[destroyed without compensation. event iha'!he cmnin, is'liable for loss 'of or ��hb� �Snu�un7 �Fre�hmCharges and Payment ' Property. '` .�\��` |�!�,`` .�� '(a) You primarily responsible for the freight and A other lawful Section 'of Transportation'' ' ^^ �- '' ^' charges, unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of [his bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular- motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point muoo«natmn. identified - the original bill -- lading, for such Section Responsibility additional charges. you and �h� respective liability` consignee for agddeno| charges provided for herein shall be (e) If the Property is not removed by the party entitled to mooiwait pursuant m49 U.S.C.5 13700. within the free time allowed by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which"the '"`e is based, (s"^'' "=e "'"e obe. computed,asrequire the prepayment or guarantee of ohargoo at time of "therein p",'"e")'the carrier may notify the receiving party "'"the shipment. If u inspection the carrier determines �a the ��� arrival ''"p�'` - e�o�eohippedaenoithonedeauhbedinUnisbi||of|ading'0hn '. freight charges must bapaid upon the articles actually shipped. Property in - public — or licensed warehouse— at the place of Saction 8 Effect Shipper Signature delivery othdr available -of stored Property will be subject lien for allfreight md other If this bill of lading is issued on the order of the shipper, is agent, i lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otheilvise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the.pei, eqjitled,tq, repeive it, or said of lading, shall be considered a part of this bill of ladinp as fully as if the same were written or made in or in connectiorOTA tN3hIR[aAng. consignee or party entitled to rttv"Tv"&IMA�V rY�eive it within 15 days after notice Section Transport byWater carrier may sell the Property ;�5.t­� qblip aLtetionto the highest bidder, bd Asli)Alittte�V�"the Prior If all or any part of the Property islam ' d b t ,I.art of said route, and loss damage to the' I in the custody of at such place as may carrier. any of or to any such sale, tht�, [orNWI use commercially reasonable to t Property has been the carrier providing the water carriage, the liability of such carrier shall be determined by that ladirq,+,and by the laws and regulations efforts notif at refused or c [ieT,,:-AI,-Qf %4, 'v==^ek 'carriage remains u..uu"/.eu'uvuthe case may be, and that " will "° applicable °" d%Pwater shall be subject |osale under the terms ofthe bill oflading i(you dnnot subject to allo(the terms and provisions of, and all the arrange for analternative disposition. liability contained inthe Harter Act orthe Carriage cfGoods 8ySea Act, as "pp"°="'e. � 0Copyright e00"^J.nsusnuASSOCIATES, /wc,Neenah, vw`'me-momom'u000^°°°weoe"=""^ Printed mthe United States l STRAIGHT BILL OF LADING —ORIGINAL —Nor NEGOTIABLE ALCHEM, INC. DARRIER SHIPPER NO. CARRIER NO. . 3/10/2008 DATE SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED -SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazinat Reg. No. 910-843-2121 062007 550 073F 0 Weight Class Number and Type of Packages HM Description of Articles or (subject to correction) Rate 22.5 TONS OF BAUXITE SAND NSF: cedfm,o ANSMSIF su GROSS: 76,150 TARE: 31,150 NET: 45,000 Remit COD t0: Subject to Section 7 of conditions, If this shipment is to be delivered to the consignee COD COD FEE: Address: without recourse on the consignor, the consignor shall sign the following statement: 'The ' AMT: .1 Prepaid ❑ + City: State: Zip: carrier shall not make deliv shipment without payment of fr and all other c gas. - Collect Ellawful NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby ip sign onsignor) specifically stated by the shipper to be not exceeding $ Per ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier anjr shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabl to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good Eider, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise I deliver to another carrier on the route to said destination. It is mutually agreed as to each caller of all or any of said Property over all or any portion of said route to destination and as to each parry at any time Interested in all or any of said Property that evet service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by t shipper and accepted for himself and hi assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: ALCHEM, INC ALCHEM, INC. SHIPPER: CARRIER: DENISE WOLCOTT TERRY GRAHAM PER: PER: 800 424-9300 3/10/2008 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) *the Property is perishable and is refused by the consignee or ^Pmporty").you agree tnall vfthe terms ofthis bill nflading, party entitled *nreceive |tauthe destination location, orsaid Geuton1----' consignee or pa�y entitled to receive e it | n receive it p,umpd; the c nie,' may, in|k������&/�o prevent�yJ� h��herorp°party in possession of the Property shall be liable as at common law for a | -of or ouo� Pmpou� -U deterioration orfurther de/o�nraUon' oe|� the same to the bast � axooptaakemina�erpmv�ed. u� n|o t privatepublic| Pi to ||| /h Property, `~ (b) The carrier shall not be liable for loss of, damage toordelay in ��y|| ��[����ar obleceliforts to notify you ` �o*we u` and - -- ���e�o[�ePmpe�� � ' OLepmpart9 (|) C`""=""` �'"^` of ~'�~~� ~' '~`' ~ any ~`^ ~' ~~~' ~'" "`~'= "' "'~ N) If the procedure described i and (� is no, Property, �� commercially �� n[tinn, sell the pm;er(yu`~eT��d'�8@/ 4iW Imanner aomay (ii) occurring while the Property isstopped and held intransit at be authorized by law. your request u,that Of any other party entitled tomake such' (e) The carrier shall apply the proceedsof any sale made U this request. section to the payment offreight, demurrage, atorago and any UW� ) �0qAd�emorvice inthe Pmpo��mrfmmrio�or 00S 00 other lawful charges and th=�x ' �m="��~�� aa|e, and other necessary ebdh�� ��'"="=='="' caring for and (c) To the extent permitted under the Carma/k Amendment, the maintaining the Property,,if proper care of the same requiresUabUhyoftheoanior|o,thoP value. special expense. \( following payment oftile preceding there iaa established by written or electronic declaration by you or by balance, such balance shall bepaid mthe owner ofthe Property written -agreement between the carrier and you. In all oases not sold hereunder, prohibited by law, where = lower value than actual value has been inwriMngbyhas bee�ugeod �8�| location where' �� represented the ah�poror �f�o�i6K6\�g\�dyaup8nY��f6���a�en�'theuarhorahn||ncx upon i i be |ia�efor any loss �ordamage {o Property- occurring at such uax,rmmoo c�ssvoamnvrmnnsupnn |oc�innafter the pmponYhas been unloaded ntsuch �o�ion. uened. such lower value plus freight charges Section 5 Valuable Items maximum amount to be exovnrod, whethern damage occurs from negligence. (m) The carrier's liability in connection with the Property in limited to Section 2Filing «fClaims the lesser uf the amount o[your actual damages o,the declared value stipulated bythe carrier onthe face ofthis bill oflading plus (a) Claims against the carrier for loss of or d any freight charges paid byyou. must be filed in writing with the carrier issuing" (b) The carrier shall not be liable in any way for any documents, ~'`''^ nine months after delivery of the Property r'. in case o op*c�. hx articles of oU wd ue not specifically - - export �a�o���n�nmon�aufto in the published classifications or tariffs unless a special or, in case of failure to mgl:,e d6liVery, nine months 1� ., I $ .­ I., _ after a reasonable time q �C'l & All causes of agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. ��ctio-'m-- -stitut-----rated -� - -11'-vle -�-------� ''- written notice is given by t Section Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property. shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the ¢0 The carrier shall have the full benefit of,anyinmumnoothat may discretion "' the carrier, any Such goods may .,have be*noffa�bd or acuoumofUm in. the /"~=!�''=���"^p"=v�`=='`s""°'"�=^""�=�=�'�� the carrier � Ua�*�x�uo ��cxdamage |omo 7 Freight Charges and Payment . . Property.� �� vou re primarily responsible for t he freight and all other lawful Section Method oftransportation .�� charges. unless you stipulate in writing in the space provided for Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle not make delivery without requiring payment of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you provide erroneous information that results in fhe shipment being dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section �^Pm�er�/ Responsibility^consignee additionalcharges. -r-p--- liability''of '- and '- for additional charges provided for herein shall be (a) K�ho Property �notmmmmdbyNe party entitled pumuam8»49U�S�C��137O8� within the +mo time allowed by tariffs or o|aaaiUooUnno upon (b) Nothing inthis bill oflading shall limit the right ofthe carrierto ~"'°' "= '"= s ""s=" r"^" ""° time o be computed asrequire therein provided), the carrier may notify the receiving- pa�ty -bf the the prepayment or guaranteef charges at time of Property arrival ` �inspection � articles shipped are not those described in this bill (if "intended for . The carrier, "' its discretion, may store tile freight charges must Unpaid upon the articles actually shipped. � public |�enued warehouse Property — - - ' '- at the place of delivery �� availableavailable place, at the cost of the owner. The Section Effect ofGhippe,QiQn�guru ^ stored 'Property will besubject toalien for all freight and other |fthis bill nflading isi ed on Uheordorofthe-shipper,orhis agent,i |ovfu| ohargeo, including n reasonable charge for storage. The exchange orinsubstitution foranother bill oflading, the shipper's signature carrier's responsibility shall bethat ofawarehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Exceptpas rovided -----~— nfoommonlmworbi||o/|ading|iaUi|x8inorinoonneo\ionwidhouohpriorhiU `' refused by consignee orthe part�on1b.9ditq�r�keitsaid N�'6�'veit of oheUbnconoidemd �''of �n�/oo��esame wri�onorinorinoonneotionvmmanm�Unf'�dng. consignee oqparty entiUed1o�within 15 were made days after notice of arrival shall have been duly sent or given, the Section Transport byWater carrierU the P U or any part of the bidder, at such place as ma�' e dlesignAt�fl�y the carrier. Prior v rs�'A�iel i� in the custody of and any loss of or damage to the Pr�, y6ccvu to any such'sale, thol)(�ff use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that car, I lading3and by the laws and regulations ldh remains unclaimed, as the case may be, and that it will be applicable to transporta 16ri I water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as � applicable." mCopyright ���J.n*uLERuASSOCIATES, /wc.Neenah, vw^USA `momo27*u68^=°°ukelw"==`Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. ;ARRIER TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER STREET RED SPRINGS, NC 28377 STREET DESTINATION STATE ZIP ORIGIN ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. 3/11 /2008 DATE SCAC ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 STATE ZIP VEHICLE NUMBER rIC1062007 . DOT Hazmat Reg. No. 550 073F NSF Cer,iredto ANSLINSF 60 GROSS: 75,150 TARE: 30,150 NET: 45,000 Remit COD to: SubjecttoSection r°'tothei°ns,itth n.: COD FEE: shipment is rs be delivered to the consignee � AMT: ' without recourse on the consignor, the consignor �1 Address: shallsigin the following statement: Prepaid ❑ The carder shall not make delivery of this City: State: Zip: shipment without payment of freight and all other ❑ law! charges. Collect $ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signet o Censlgnor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carr r and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availablf to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent cod order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indiratec below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise tc deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time interested in all or any of said Property that even service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and. labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: - ALCHEM, INC CARRIER: ALCHEM, INC. `PER: DENISE WOLCOTT PER: TERRY GRAHAM M DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described this bill oflading (the (c) Vthe Property is perishable and isrefused by the consignee or -in ^Promrty").you agree to al|'of#e terms of this bill of lading. party entitled mreceive Vat t�d��n�n location, Section consignee or party entitled to�oeivo 8 shall fail to receive it a8G�������~r party i of `~/ '^`�~^^'~' ` ^'�~~~~~~^ PmmP«y, the carrier, may, prevent, ���or�mn�to��P�er� deterioration nrturt6er��ehom�nn sell same bestun�mmmm�whx ' except as hereinafter provided. advantage (W The o . ----- receive- and delivery de8veryofthe Pmperty - -^- �-~'--''�Propert `------ N^""/='^°" a~ or any ~~ or ~~= kK �m and (c) is not Property, orfor-paturallm commercially option, sell the. rmpv,tyunm&rsonmanner unmay (ii) occurring while the Property iostopped and held intransit au boauthorized bylaw. your request orthat oiany other party entitled oomake such (4 The carrier shall apply the proceeds of any salede under this request. section mthe payment offreight, demurrage, storage, and any WV | kopde�o or Property, riots �ETD�����iD����m other lawful h Vn th''"exwmsary������Jq�'�� - ou|e, and of,, caring�for and (c) To the extent permitted under the CarmerkAmendment, the maintaining the Property, U proper care ofthe same requires liability ofthe carrier for the Property may bolimited toavalue special expense. |ffollowing payment ofthe preceding there isa established by written or electronic declaration by you o/ by balance, such balance shall bepaid 'to the owner ofthe Property written agreement between theourherandynu.|naUoauennot sold hereunder. prohibited bylaw, where alower value than actual value has tL� been represented \n dtingby�eshipper orhas been d ��yia��e��h����� f6����men��|haoe,rieroha||no� upon in writing mmameo value or m oemrmmon by the classification ortariffs upon be liable for any loss cxdamage to Property occurring ausuch location after the Property has been unloaded susuch location, ~~""~ such lower value p'"= freight charges ^ hN Section s Valuable Items maximum - amount -- to -recovered,-whether- damage-----'-~'~-- �� The oanim�o|iobi|dyinounnomionw�hthe P is!| limited g�oU�n2 �Ungof��hno the �neoruf�eomour�ofyour eomo value stipulated by the carrier on the face of this bill of ladingpua (0 Claim "'""'"" filed "' writing=with the card a���������y�. within nine months after delivery of the Pro ' per�y �or,-In­-�ii�ii-df (M The carrier ahu| not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to mal�p delivery, .0 .p(wpij nine months pa , ' < ,, after a reasonable time for- �TdliVdry' ha-s­e'-I'E'i0'W& All causes of agreement to do so and a stipulated value of the articles are action --must --- instituted- ---`- endorsed on this bill of lading. written notice is given by th )pag�qr to.,gugTat the carrier has Section Joint Liability for Hazardous Goods You, and if you are an agent, any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid, without giving prior written notice to the carrier of their nature. At the The carrier, shall have the fuWb*nefit,of any insurance that may, discretion ~" the carrier, ~vs~~' goods may be warehoused at your and the have been effected. upon or on ~,~,,,` of ,,, Property ., the Owner's risk andexpensd or destroyed without compensation. event�arthe oo�orioUub�for m nidmmmgolho a�ouon Freight Charges and Payment � 7 PmPouy, �\ Sm�bo�� �oth�doYl�an�por��on � provided for ` Except as expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified '' the original bill -- lading, for such and the point oxdestination. respective liability additional charges. �� you Section Rasponmibi|�y�rPoope�y consignee �, additional charges provided for herein shall be (e) If the Property is not removed by the party entitled to receive it pursuant to49 U.8.C.O 13708. within the fnao time allowed by tariffs or classifications upon ` (b) Nothing in this bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed requirethe prepayment or guarantee of charges at time of therein provided), the carrier may notify the receMng, party -'of the, shipment. If upon inspection the carrier determines that the arrival of the Property at the destination at the port of export ` articles shipped are not those described inthis bill oflading, the (if intended for carrier, "' its discretion, may store the freight charges must b*paid upon the articles actually shipped. Property in u public or license- *mehouao � 8m p|mm of Section 3 Effect ufShipper Signature delivery r other available place, at the cost of the owner. The stuvndPmpertywi||bosubject 0oolien for all freight and other |fthis bill oflading is issued on the rde of the hi or his agent,i lawful reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall bethat ofawarehouseman only. mthe prior bill mlading uomthe statement mvalue vrotherwise, v/election (b)" � Exceptrefused ofcommon law orbiUo/lading |iabi|8�inorinconnection with such prior bill b--'-''-`-----~--��-'' it, or said ' - ����e����k/r���o of lading; shall be considered of ao��esame wem*nnenmmade mnrmcnnn0000peive omn���z�oouvm��ng. consignee or party entitled todays after notice ofarrival shall have been duly sent or given,the Section Transport byVoaten carrier may l bidder, at such place a U * the carrier. Prior all the Property i of said and any loss of or damage to the Rr�io�rt� 6dct 19 in the custody of to any such sale, use commercially reasonable ilyroperty the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you lh�i 1�e has been refused or * er'SAI�of lading,and by the laws and regulations determined by that car remains'di3si'driated -- -as the case m-be, and that it will be unclaimed, -- applicable~ performed�| a��c ���u�o the terms m��eb0��d�g�ymdon� the exemptions from arrange for enalternative disposition. liability contained inthe Harter Act o/the Carriage ofGoods BfSea Act, aa "pp""""'= . @ Copyright 20o J.unELLER^ASSOCIATES, INC..Neenah, wx`USA `momo27-6o68'"~=okek"con1'Printed mthe United Slates STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 3/12/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET RED SPRINGS, NC 28377 STREET 8135 RED ROAD ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF CertiTwdto ANSMSF so GROSS: 74,750 TARE: 29,750 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: Subject to Section 7 of conditions, if this COD FEE: shipment is to be delivered to the consignee �OD AMT: without recourse on the consignor, the consignor Address: shall sign the following statement: Prepaid ❑ The carder shall not make delivery of this City: State: Zip: shipment without payment of freight and all other ll oect ❑ $ I a charges. C NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (signature of consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the carder and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are avallabl, to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise t deliver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi. ssigns. {`NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). / iHIPPER: his is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and / V e in proper condition for transportation according to the applicable regulations of the Department of Transportation PER:ALCHEM, INC ALCHEM, INCCARRIER: LR: DENISE WOLCOTT PER: TERRY'GRAHAM 800 424-9300 DATE: AERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation iLEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). -BLC-03 12267 M By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 mitEl lons of Liability (a)'-'YhkarPle'r'or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property: 01i ;,ra. (i) caused by an act of GQd. tl�e,pu lic_enprrty,,. the authority of law, or any act or de`farifr` i�ftyou xurrd,`cil thti) owner of the Property, or sprtattatal,'ntpinkge'.; „r: << j (ii) occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request. (iii) .�psultin, ffom.a defect or vice in the Property, or from riots or S. t: (..z. (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of th:q.F``ropei'ty.• as determined by the classification or tariffs upon w"ll he, .a, based, such lower value plus freight charges ifs pat I h maximum amount to be recovered, whether ok' no of damage occurs from negligence. Section 2 Piling of Claims �� Y (a) Claims against the carrier for loss of or damage to,(4 ,„ gE-6fty must be filed in writing with the carrier issuing thimbilhotAbding within nine months after delivery of the Property (ar, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to ma <c '�iaiivbry, : i 1 a rVyitte nine months after a reasonable time fo�. delivery has ..gla sed. All causes of action must be instituted witAn`ty,=b rears=iUilo vine the date when written notice is given by t ,pciar ter to yogj that the carrier has disallowed the claim or any part or parts ttereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable; and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property. Section 3 method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, it the Property is refused by consignee or the pgrtyE entitl�djto receive it, or said consignee or party entitled to receive If fans t`o reeceive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Propmrkyr,at. j;pblioravr ion; to the highest bidder, at such place as mi a' y'be designated Ely fhe carrier. Prior to any such sale; the;caax`ttzs)�`at! use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. O Copyright 2004 J. J. KELLER & ASSOCIATES, INC.. Neenah, WI • U CONDITIONS (c) If [fie Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it the carrier, may, in..i't Es Mcri tfhra,J40 prevent promptly, Y, r4 -'4r deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, e',i f1joc Mail usc� �r moerciaiIv r easgj�apl& niforts to notify you o'ttle reftadf a# if e iro�rt or the at Lire receive it, and requdst':ra( ilaian� jelcjisgriiaratcin. 4 Property. (d) If the procedure described in subsection (b) and (c) is not comtiietciProperty L��Idctr 4 e cures a ice ' f tIn.,' f� manner asllmay be authorized by law. (a) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and they ,xp,,nee cr! q tiee, advertisement, sale, and other necessary t Gxlbsns'e nio`oi caring for and maintaining the Property, if proper care of the saline requires Special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. {f) h'lf :ot;;.icatf'�t jhh;pagjer (;�,jt_f.* �ertthe troperty to a location where tfii r is iio regu{arly aprdiMed freight agent, the carrier shall not be liable for any loss or damage to Property occurring 'at such location after the Property has been unloaded at such location. Section 5 Valuable ;terns (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goads You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 Freight Charges and Payment (a) You are, primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706, (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection; the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill r of lading, shall be considered a part of thiis.bjlll c� d' as tully as if the same were written or made in or in connectiort-4i'A t i II( 41 ing. Section 9 Transport by Water If all or any part of the Property isEcp(rtad by.ypter f,;vet; tz_ny part of said route, and any loss of or damage to the Properly occurs wnile it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that caxrj �r' � btill- of ladinpp and by the laws and regulations ori b *1w!fer. Su h'water carriage shall be performed applicable to transpor4ti subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. SA • (800) 327-6868 • v✓wwjjkeller.cor4i • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SCAC SHIPPER NO. CARRIER NO. 3/13/2008 nATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET - STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Certirwilil ANSIINSF BO GROSS: 74,925 TARE: 29,925 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Remit COD to: subject to section 7 of conoltlons, It tnls COD FEE' _ shipment Is to be delivered to the �onalgnee p AMT: Address: without recourse on the consignor, the consignor shall sign tcarrier Sul statement: Prepaid ❑ City: State: Zip:shipment The carrier Pay l not mek edeavery of this $ @ laul cwithout a me fret ht end all other Collect ❑ lawful c rges. NOTE: Where the rate is dependent on value, shippers are required to state specifically In writing the TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per sl nature of Consignor) $ ❑Pre aid El Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carder d shipper, If applicable, otherwise to the rates, classifications and rules that have been established by the carder and are avallabk to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent goolf order, except as noted (contents and condition of contents of packages unknown), marked, consigns d destined as Indlcater below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination an Its route, or otherwise I(dellver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested In all any of said Property that ever; service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the ship p end accepted for himself and hl; assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C..14706(c)(1)(A) and (B). l This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and Z'I i are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: TERRY GRAHAM 800 424-9300 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER' ( including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property described in this bill of lading (the (c) If the Property is perishable and is�ef used by the consignee or ^Property").you agree to all of the-termsofthis bill oflading. party entitled to receive it at the destination d Section consignee or party exoven m �ce/w, u ana" mn x` receive ^ `RA�������� �p i of -' --- - '----- � PmmpUy, �h� oani�� may, in �� prevent ' ' deterioration or further deterioration, ~~^ the ~~'~ to ^~ ~~~` as at common law for any loss oYordamage wsuch Property, except aohereinafter provided, advantage (� The carrier shall not be liable for loss of, damage to or delay in 0��| ��� - and ' ' - Uo|iveryofthoPmpo�y: "' �'=^"' �"" ` ' ~. ~~ ~~.qfgm ^ Property. y(i)^""��" '"=' "' any "^` = "e�� �U and k� is not �� commercially reasonable, its option, sell the Pmp��n�� -' � p ��/ manner aamay ------'- -'- - yV ocuun�gw���e'� pertj is stopped and held in8ann�eu bauthorized�' '�-'--- your request mthat of any other party entitled to make such (e) The ca��ah��p��o proceeds of �� made under this request.request.000U ^ �tnthe m of freight, demurrage, storage, and any _8N | �/m�do�o orv�ein�bnPmpnn�or�omho�or �p���� ob awf | h U` t ea|�and- --�----- -��� Q��'-��-'-- e. mne, no�ono�ry�=°pene��an=�= oanng or and (r) To the extent permitted under the Carmork Amandmen,, the maintaining the Property, if proper care of the same requires liability o/the carrier for the Property may belimited muvalue special expense. |/ following payment ofthe preceding there isa established by written or electronic declaration by you or by balance, such balance shall bepaid 0othe owner ofthe Property written agreement between the carrier and you. |nall cases not sold hereunder. prohibited by law, where a lower value than actual value has Ai^ been represented inwrihnghyNaah�pera/has been a m d ��|�f�n�������� f6�g�agent, the carrier shall not uponn writing as the m/ouoeo value of m determined bthe / r ttariffs be liable for any |nsa or damage to Property location after the Property has been unloaded a\such location. based,such lower "a'"" plus "='o'"charges "flip ----m---'-------' whether-- Section s Valuable Items ---g------'-"'g--- `\` ' �� The nanier�|iobi|hYinoonno�with the Pmpo�yio|imha0tu / Section 2 Filing of Claims -'^, the lesser ofthe nmountofyour n�u�0a orUedmdamd value stipulated by the carrier on the face n`~bill oflading plus (a) Claims against the carrier for loss of or damage -to- be Pro5erty any freight charges paid by you. must be filed "in writing (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Proper'tty-�or,1T6ase-cif or for any articles of extraordinary value not specifically export traffic, within nine months anoromxmrymratedpubons tariffs unless a'special or, in case of failure to m efdelivery,. ,%YjM 18jk�;r� t8T0 n nine months '�%'7p's'ed`. agreement to do so and a stipulated value of the articles are after a reasonable ha-s; All causes of action ----'-- instituted ----` endorsed on this bill of lading. written notice is given by �)f%pgfiw r to.-You-t at the carrier has Section Joint Liability for Hazardous Goods disallowed the claim aheU be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the ¢4The carrier shall have the full benefit of any insurance that rnay, ~'~^'~~~'~' the carrier, any such goods may be warehoused at your and the upon , __� been effected _,�'or ,-_ ---' of - Property �n the k and expense or destroyed without compensation. . �even that �ecmmer m'R, ole for loss 'of, croamage to the Section 7,Freight Charges and, Payment � ` y. or the freight and all other lawful Section Mmthpd of Transportation -charges, unless you stipulate in writing in the space provided for Except as -expressly agreed in writing by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with 'reasonable the carrier makes delivery without requiring such payment. If YOU dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such and the point of destination. The ability of you and the additional�for Section Responshi|hy�rPnqm*My additionalchacharges, consignee ' provided for herein shall be k4 K the Property is not removed by the party entitled to receive it pursuant to 49 U.&C.0 13706. within"the """ time allow"" by tariffs or classifi6ations upon (b) Nothing bill of lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party (if the shipment. If upon inspection the carrier determines that the arrival mthe Property at the destination or at the port of export�. articles shipped are riot those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must bopaid upon the articles actually shipped. P-~-` in - public or licensed'warehouse-at -- place — of Section Effect ufShipper Signature deliver°^at the oo�of�e The or other available stored '"p=v will "" ""�"^ to a =' ^ all ^ ' -� -�-�� of the shipper,or his agent, in lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, theshipper's Signaturecarrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election ty is Except as provided- ���m �o ~ ' ' ��d ' ' of common law or bill of lading liability, in or in connection with such prior bill mmm moopunorm esnmesame ��o�d ' - ' *mmwnn�normeoemnr mc�n�n���m��mom�/ng consignee onUdeduo�8��/���l�/�bivehwithin15 ^ no�onof arrival ' shall have been duly Section Transport by Water � | h ^� �� �. ' . . ' nf �d bidder,~ ~.-. place -- ' _-_' --- - - _-�_"- - -- � -,_, __ccur- --- '- - he custody__of to use commercially reasonable ' such sale, -�a��e of such carrier shall be the carrier providing the water carriage,' or � efforts to notify you unclaimed, as the case may be. and that it will be determined andregulations n�gas��|Ueremains performedsubject 10sale under the terms ofthe bill oflading ifyou donot subject to all ofthe terms and provisions of, and all .^ arrange for enalternative disposition. liability contained inthe Harter Act orthe Carriage ofGoods BySea Act, oo ~ . applicable. mcopyright cm��J.mELLsRoASSOCIATES, /wc.Neenah, vw^US�'(snmv27-6o68'°w°ukelle"coin`Printed mthe United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. SHIPPER NO. CARRIER NO. 3/14/2008 DATE BARRIER SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC.28377 STREET ROCKWELL, NC 28138 . DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 910-843-2121 1 062007 550 073F i £23tti�46 GROSS: 74,550 TARE: 29,550 NET: 45,000 Remit COD to: Subject o Section r of conditions, If this COD FEE'. shipment is to be delivered to the consignee SOD AMT. A,.1,.1 without recourse on the consignor, the consignor ddress: shall sign the following statement: Prepaid ElThe carder shall not make delivery of this d City: State: Zip: shipment without payment of freight and all other lawfu charge . Q Collect ❑ W NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES:FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carder aAd shipper, If applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are availabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise ti deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conciltlons on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hl assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: jLCHEitr•{i INC- L_HEM: -. _1i y SHIPPER: CARRIER: PER: DENISE WOLCOTT PER: TERRY GRAHAM 3114/2008 800 424-9300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). ?11-BLC-03 12267 LI TERMS AND- CONDITIONS, By giving the carrier the property described in this bill of lading, (the (c) If the Property is perishable and is refused by the consignee or "Property"), you agree to -all of the terms of. this bill of lading. party entitled to receive it at the destination location, or said Section t Limitati ns of Liability consignee or party entitled to receive it shall fail to receive it c 1 a,. y promptly, the carrier, ' may, in. illl cj�s�.ki brij eo prevent (a) (t he c)Mi6t or party in possession of the Property shall be liable deterioration or further deterioration, sell the same to the best .as at common law for any loss of or damage to such Property, except as hereinafter provided. advantage at private or public sale. Prior to selling the Property, b The carrier shall not be liable far lass of, damage to or delay In ;':ivij tf�calrferit�ali�uslq+t�tercia) t Saapi aforts to notify you () g y �'''o ttte � f sal of` he Propesfty` off' fhe'fa larf% receive it, and delivery of the Property: I/if .lb� s!-E�?..!t1 reque§tji irflr tr n �e rd #g c�isj3fl�itS�rr*6 Ofg Property. (i) caused by an act of God, the pupIi r"enyj�the authority of (d) If the procedure described in subsection (b) and (c) is not law, or any act or default~-t5}±l�o�u�ailclydr `the owner of the, commercially�rea$fana 1 tle-frrc�r m tatyts option, sell the Property, or. Zr rs )cajal s(tiink g ll,r' ,?ati„iC,i Property u4i� V46h` c. rfrsfa9 de la`riR ih � _66 manner as may (ii) occurring while the Property is stopped and held in transit at be authorized by law. your request or that of any other party entitled to make such (e) The carrier shall apply the proceeds of any sale made under this request. section to the payment of freight, dernurrage, storage, and any •-(fii) resulting;fr r defect or vice in the Property, or from riots or other lawful charges and the;,e�Cpenfibta;..r ��i�rn, advertisement, G : s`triiies ": sale, and other necessary expense and of caring for and (c) To the extent permitted under the Carmark Amendment, the maintaining the Property; if proper care of the same requires liability of the carrier for the Property may be limited to a value special expense. If following payment of the preceding there is a established by written or electronic declaration by you or by balance, such balance shall be paid to the owner of the Property written agreement between the carrier and you. In all cases not sold hereunder. prohibited by law, where a lower value than actual value has od,c',it'ct tht;t 11 r [4ytfziivOr;t#te Property to a location where been represented in writing by the shipper or has been agreed tfier&�is no regularly api oinfed freight agent, the carrier shall not upon in writing as the .released value of th.a- Property ,as be liable for•any loss or damage to Property.occun•ing at such determined by the classification or tariffs uponh*j%*.. 'Apoateis location after the Property has been unloaded at such location. based, such lower value plus freight charges if pai�5 9&he Section 5 Valuable Items maximum amount to be recovered, whether o' no t o; (a) The carrier's liability in connection with the Property is limited to damage occurs from negligence. f the lesser of the amount of your actual damages or the declared Section �. Filing of Claims value stipulated by the carrier on the face of this bill of.lading plus (a) Claims against the carrier for loss of or damage t4 $borgroperty any freight charges paid by you. must be filed in writing with the carrier issuingltmt ,j fl-ci�'- ing (b) The carrier shall not be liable in any way for any documents, within nine months after delivery of the Property (or, in case of specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to maittdBliuery, nine months agreement to do so and a stipulated value of the articles are after a reasonable time for deli, y has_dppsed. All causes of endorsed on this bill of lading. action must be instituted with[ AAjears Ic ilolving the date when Section S Joint Liability for hazardous Goods written notice is given by t1te:j)aRter to otx,t at the carrier has '" You, and if disallowed the claim or any part or parts thereof specified in the you are an agent; any owner of the Property, shall be joint and notice. If your claim or action is not filed or instituted properly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of their nature. At the (b) The carrier,shall have the full benefit of any insurance that may., , discretion of the carrier, any such goods may be warehoused at your and the have been effected upon or on. account of the: Property in the : owner's risk and expense or destroyed without compensation. event that the carrier is liable for loss of or ,damage to the •Sgctk n'7 Freight Charges and Payment Property. (a) : You"are primarily responsible; for the freight and all other lawful charges, unless you stipulate in writing in the space provided for Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the that purpose the face of this bill of lading that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivvee ry without requiring payment such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such ch payment. If you dispatch. The carrier shall have the right in case of physical necessity to recprovide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment identified i d or diverted bill a location other than the location and the point of: destination. identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the Section 4 Responsibility for Property consignee for additional charges provided for herein shall be (a) If the Property is not removed by the party entitled to receive it pursuant to 49 U.S.C. § 13706. within the free time allowed by tariffs or classifications upon, (b) Nothing in this bill of,lading shall limit the right of the carrier to which the rate is based, (such free time to be computed as require the prepayment or guarantee of charges at time of therein provided), the carrier may notify the receiving party' df the shipment. if upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property in a public or licensed warehouse at the place of Section 3 Effect of Shipper Signature delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other If this bill of lading is- issued on the order of the shipper, or his agent, in lawful charges,, including, a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in subparagraph 4(c) below, if the Property is of common law or bill of lading liability, in or in connection with such prior bill refused by consignee or the pa tty, en itled tia Fdreive it, or said of lading, shall be considered a part of this.,bill of Jpding-as fully as if the same consignee or party entitled to 'receivd it'faifs'to receive it within 15 were written or made in or in connection virifii thts"E;ili' of lading. days after notice of arrival shall have been duly sent or given, the Section 9 Transport by Water carrier may self the Prop�rty�.V� pubjief acrcjtar(- to the highest If all or any part of the Property isjc�;rje14 by-AigA6ijo c' I) - art of said route, bidder, at such place as may be de%nate`c By the carrier. Prior and any loss of or damage to the Property occurs while it is in the custody of to any such sale, th;itjeij si'�#ji use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you that the Property has been refused or determined by that cargipr'S._Itill- f la{�j(�giand by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transportation Cy`water. 5'66fi water carriage shall be performed subject to safe under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. © Copyright 2004 J. J. KELLER & ASSOCIATES, INC., Neenah, wi • USA - (800) 327-6868 • www.ijkeiler.com • Printed in the United States STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. 'ARRIER SHIPPER NO. CARRIER NO. 31/15/2008 nATI= TO: INDUSTRIAL & AGRIC CHEMICALS, INC. FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC 8135 RED ROAD STREET RED SPRINGS, NC 28377 STREET ROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Cer madto ANSMSF 60 N GROSS: 74,050 TARE: 29,050 NET: 45,000 U.S. DOT Hazmat Reg.- No. 062007 550 073F Remit COD t0: subject to section 7 of conditions, If this shipment Is to be delivered to the cone)gnee CAD AMT: without recourse on the consignor, the consignCOD FEE: or Address: shall sign the followingstatement: Prepaid ❑ 7 The carrier shell not make dellvery of this & @ City: State. Zip: eh,_!gent without payment of freight and all other Collect ❑ wcharges. NOTE: Where the rate Is dependent on value, shippers are required to state specifically in writing the / / TOTAL CHARGES: FREIGHT CHARGES' agreed or declared value of the property. The agreed or declared value of the property is hereby b/l specifically stated by the shipper to be not exceeding $ Per (sl nature of Consignor) Q � ❑ Prepaid ❑ Collect RECEIVED, subject to individually determined rates or contracts that have been agreed upon In writing between the caller Ad shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, In apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on Its route, or otherwise d dellver to another carrier an the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all crony portion of said route to destination.and as to each party at any time Interested In all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written; herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hi: assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). _� e This is to certify that the above -named materials are properly classified, described, packaged; marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER JAVAII�lw SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: TERRY GRAHAM DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 By giving the carrier the property daoohbmd in this b0 of lading (tko (c) If the Property is perishable and is refused by the consignee or ~Pmporty").you agree to all of the terms ofthis bill oflading. party entitled to receive it at the destination location, or said Section 1�^ uo�iQne* or pany e�Ued � ��� � ah�| �| � ��i� itp'~' (u)� 'dror n�|npoaoeue|oncx*mPmpr�yo��|behab'� \ ��o uuni�� may n[�W' r~`~»t�� deterioration aa deterioration or further same xjthe bestuo at common |a�horany |oea of or damage to auo� Property, except onhereinafter provided. ' advantage a/ private or public! Prior to sellingthe Property, (b) The carrier shoU not be liable for loss ut damage tuordelay in �forts to - ou notify ' �}14! � � �moa*e U. and delivery ofthe Pmpn�y: | -Q mqNf ' ����PmPe��- �9E�� (|) umue by of emuthoh�� or any act downer of the �� (d) /f the procedure described in subsection (b) and *) is notlaw, Property, or commercially nble. the at its option, sell the p u �� ���E4manner aomay (ii) occurring while the Property iostopped and held intransit ai beauthorized bylaw. your request orthat oKany other party entitled \omake such e> The oonie,shall apply the proceeds of a| med this request. ` section tothe payment offreight, Uemur,age, monyga. and any from .UW .�V! �np,rn,9defeotorviceinthaPm�� Property, or � other e �h �"=ux na|e, and other necessary `exb��e'`h��'(� caring for and (o) To the extent permitted under the Carmedk Amandman,, the maintaining the P/oporty, if proper care of the amma requires liability of the carrier for the Property may balimited mmvalue special expense, |ffollowing payment o«the preceding there iaa established by written or electronic declaration by you or by balance, such balance shall Uepaid uzthe owner ofthe Property written agreement between the carrier and you, |oall cases not sold hereunder. prohibited by law, where o lower value than actual value has �Ua ion where been represented inwriting bythe shipper orhas been agreed uv/�t fdrvFilsN}W%��'6� f6di6hf"agontthe carrier shall not writingupon in the / anoo value of the,,-PfWdrty, as be liable for any loss ordamage to Property occurring at such determined by the classification oromno upon """e" such lower value plus freight charges ' location after the Property has been unloaded atsuch location. SeoUons Valuable Items ----m——'-—r-----' whether-j�jIt X --��-"---occurs 'from n-"'"--- (a) The canie/oliability inoonnechonwdhthe Pmpenyia|imKeUm ",` Seubon20�!ingofC�ims ~�- the lesser ��the amovrto!your m�ua|damages nrthe dedamd value stipulated hythe carrier onthe face of this bill oflading plus (n) Claims agai he carrier for loss of or d must oofiled in writing with the carrier issuing! ith any freight charges paid byyou. 'carrier within nine months after delivery of the P rope rtj'C6f,.-Fh ­65�6- 6f b> The shall not be liable in any way for documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to rn��,,a(,dqtjvery, 4,"�,ev%!n nine months spd."All causes of agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. action --must — instituted --'`-'-----t-gthe date when Section Joint LiabHityfoxHazardous Goods written notice is ' disallowed the claim or any l5ar parts therelof specified in the You, and if you are an agent, any owner nfthe Property, shall be joint and notice. If your claim or action is not filed or instituted pro . perly in severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be caused by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not be paid. without giving prior written notice to the carrier of, their nature. At the The oanerahnUhave �hah/Vbvn��9fe insurance that may~~~'~'~^~`'`~~'"~' ch goods may be warehoused at your and the ^''/~~— `buva been ornnaccoum���e in the .'own ~'~'risk and expense ~'.d`~~`/`�without �rcompensation. event �a the carrier � |�b��x �em of or �g* m �e Section �re�h��hm�geo��d�aymenm . Property.' � � (V You are primarily responsible for the freight and all other lawful ' Section Method nvTransportation , °="yes", Unless YOU Stipulate "' writing Except as expressly agreed in writing. by the parties to this bill of lading, the that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section Rospona���y�rPrope�y char consignee additional for additional charges ~�respectiveprovided for herein shall be (a) If the Property is not removed by the party entitled to receive it, pursuant to49U�C.013706. within the free time mmw*o by tariffs or classifications upon (b) Nothing in this bill of lading shall limit the right of the carrier to which the == is ""s""' v`='" ""e time o be computed as requiretheprepayment �n�o of charges�g'Uma of ' ' 'km ~*m therein provided), the carrier may notify the receiving party of the shipment. nupon carrier determines that the arrival of the Property articles shipped are not those described, in this bill of the (if intended for export). The carrier, in its discretion, may store the ,lading, —`freight charges must ~- paid upon the articles actually shipped. PropertySection delivery or other available place, at the cost of the owner. The Effect o|Shipper Signature stored Property will be subject to a lien for all freight and other U this bill of lading is issued on the order of the shipper, or his agent, in lawful charges, including -a reasonable charge for storage. The exchange or in substitution for another bill of lading, the Shipper's Signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (b) Except as provided in's 6 b paragraph 4(c) below, if the Property is ill ~common .~_ or bill of lading..liability,.~.~~.~ .~~.~. .....~~.~. ~refused by consignee or the p5rty, eqfitleo,4tj Weive it , or said of lading, shall be considered a part of this bill o la ing as fully as if the same consignee days after notice ofarrival shall have been duly Section Transport by Water 1?� irgypli ' gR-to the highest carrier may sell the Pro%r�yj. ip�,, bidder, at such place as m �'IJ6 dWgnat �d by'the carrier. Prior If all or any part of the Property isicatri0q 4V-qAte,- v -part of said and any loss of or d - amage to the M��rtq c6n� W' i ig in the custody of to any such sale, thq3tymar [I�01: use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be efforts to notify you thatNhe Property has been refused or determined by that caq.1gj,'tb&.of lad -,and by the laws and regulations remains unclaimed, as the case may be, and that it will be applicable to transpor �,)kafgr. SuYcYwater carriage shall be performed Subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. OcCopyright 2uo^^^cs4EnnASSOCIATES, ��.Neenah, px^USA ~(80m327-68so^"°w.xkox°"com^Printed mthe United nta!es STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE . ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 3/17/2008 r)ATF TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET STREET 8135 RED ROAD RED SPRINGS, NC 28377 ROCKWELL, NC 28138 DESTINATION STATE ZIP. ORIGIN STATE ZIP ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER U.S. DOT.Hazmat Reg. No. 062007 550 073F NSF Certifodto ANSLNSF GROSS: 74,650 TARE: 29,650 NET: 45,000 Remit COD to: subject o Section r or conditions, it this COD FEE: shipment Is rs be delivered to the conelgnee COD AMT. Add,.1,.1 without recourse on the consignor, the consignor ress: shall sign the following statement: -7 The carer shall not make delivery of this & Prepaid ElCit : State: Zip: shipment wit ut payment of freight and all other lawful charg Collect ❑ NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the O TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby �6 specifically stated by the shipper to be not exceeding $ Per Signature of Consignor) $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carrier ands ' per, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are aveilabl� to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good Ord r, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said desti if on Its route, or otherwise t, deliver to another carrier on the route to said destination. It Is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each party at any time Intereste all o any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agree to by t shipper And accepted for himself and hi assigns. NOTE: Liability Llmltation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and _ r are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: a SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: TERRY GRAHAM 3l17/2008 800 424-9300, DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 IJ By giving the carrier the property described, in this bill of lading (the (c) If the Property is perishable and is refused by the ^Pmperty").you a0(eeiuall o{the terms of. this bill uflading. . party, entitled to receive U at the destination location, or said Section Limitations of Liability consignee or party entitled to receive it shall fail to receive it yi�poan*��nn�ChoPmpor�ehab*|iume promptly, the � prevent carrier, ainu�(a,IQC-r��or na at common |mwh�rany |onn oforUamo�a to such Property,' d�eho��nnorh/�he,d�*riomUon noU1heoamaoo#hobo� except aahena�o�orpmvidod. advantage at private public sale.Pi � selling \h Property, (b) Thauurrieraho||no�bo|ieb|efnr|oeso�.dumugetoordo|uyin (��ou �� .������ - ^,d �� ������ ��� de|�nryofUhePmpnn�� '� ` . Property ' ~.. .____ .. (I) caused by a= or any =^ or owner of the NV U �e and k1 is not Property, or fppya commercially its option, sell the P u�&���� "6���a ��Hmanner �m� (ii) occurring while the Property iostopped and held intransit at boauthorized bylaw. your request orthat o[any other party entitled 0umake such < The oaniernhnUep | theproceeds /� | ad V this request. ' section to �kthe,paymentpaymentu(freiQhtdemurrage', storage, and any <UV resulting from odefect nrvice inthe Property, orfrom riots or iCT��0�elO���� other lawful chargesd h sale, and othe,necessary [�� �|��' caringfor . sn' (c) To the extent permitted under the Cannad' Amendment' the maintaining the Property,J proper care of the same requires liabiKtyofthe carrier for the Property may bolimited toavalue special expense. |ffollowing payment of the preceding 'there ioa established by written or electronic declaration by you or by balance, such balance shall Uopaid outhe owner ofthe Property written agreement between the carrier and you. |nall cases not sold hereunder. prohibited by !mw' where u lower value than actual value has ' ��}/AH���6���6g2 been represented |nwh1ingbythe sh�po/nrhas been agreed r�:�`�����fr`&ightAogon(the carrier shall not upon in writing the | ed value of Uh be liable for any loss urdamage uo Property pocunipQpn-ouoh determined | m n tariffs location after the Property has been unloaded a1such |ocation. "a"=" such lower `"'"e p'"" ^freight charges '' Section 5 Valuable Items maximum —amount -- be —recovered, whether- --�-�-------'-"`'-- $V r�|�bKKy�oonnooUnnvdhVmPmp�n��|hn�edtn S��u � Filing of Claims � the lesser of�oamoun of your actual value stipulated by the carrier on theface of this. bill of lading plus Claims - against the carrier -for -- of or --' must be filed "' writing any ^freight charges paid by you. for within nine- months after delivery of the Proper iy-(or,- in--c OV The carrier shall not be liable in any way any documents, specie, or for any articles of extraordinary value not specifically export traffic, within nine months after delivery at port of export) rated in the published classifications or tariffs unless a special or, in case of failure to ma�e­degivery, 111en,vyjt�ii� nine months after a reasonable time for-861h/gr'� hasHe'Nps"@Y- All causes of agreement to do so and a stipulated value of the articles are action --must — instituted -'Section endorsed on this bill of lading. written notice is _disallowed the claim or an 8 Joint Liability for Hazardous Goods the Property, shall be joint and notice. |iyour claim o/ action is not filed or instituted properly in severally accordance with the foregoing the carrier shall not be cnvsv« by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not hapaid. wm/vw y/vmu pnn, written x000v to the cmmv, of mu" ou.vn,. At the The�enyi -� '--'-r- d�omUnnof�ecan� such your and �* |7''���r- ��� been ~' ~ r� `' ^' -- ' ,�hsk�ndexpense mrda�myedwitho��cnmpaneohon. '����vn7 - �r��h��A/ eu�ndF�ym�n� ` � . . k4 You are primarily responsible for the freight and all other lawful 8ecbmn3 Method cfTransportation � ` � '� ' charges, unless you stipulate writing mthe opaveprovided for Except agreed �u by m�un|m�m m --- m� onUm������U���A��me�me,��| not makedo|i without requiring paymentof such charges and carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location forward said Property by any carrier or route between the point of shipment and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (a) Kthe Property isno«mmnvadbythe partyentitled toreceive it pursuant to4gU.&C. §1370G, within the free time |lowod by tariffs or classifications upon (W Nothing in this bill of lading shall limit the right of the carrier m which the = is "a""". p"^' """ time o be ""mp"== as requprepayguaranargestime of therein the shipment. If upon inspection the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export). The carrier, in its discretion, may store the-, freight charges must be paid upon the articles actually shipped. Proper ty ~'~ public warehouse Section Effect ofSb�Signature |~ able deliverystored or other the cost of the owner. The � lien for all freight and other P If this bill of lading is issued on the order of the shipper, his agent, i lawful charges, including a reasonable charge for storage. The exchange or in substitution for another bill of lading, the shipper's signature carrier's responsibility shall be that of a warehouseman only. to the prior bill of lading as to the statement of value or otherwise, or election (8 ~ common law ~ bill ~~ lading ^liability, ' connection with such prior _bill - refused by consignee— - '-- - --- consignee or party en5dedho.=.=.,|��N3��n��kmkwiUhin15 of lading, shall be o�omd of this mo�*msame mmno�hnanormaUeinorinunnnm�iooD�U��±}HVu;J��ng � days after notice of arrival shallhuvebeen dul' or given,the Section Transport byWater carrier may sell the P highest f the P i ( id STRAIGHT BILL OF LADING —ORIGINAL —NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC SHIPPER NO. CARRIER NO. 3/18/2008 DATE TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER ALCHEM, INC STREET RED SPRINGS, NC 28377 STREET 8135 RED ROADROCKWELL, NC 28138 DESTINATION STATE ZIP ORIGIN STATE Zip ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND VEHICLE NUMBER NSF Ceriifiedto ANSIINSF BO GROSS: 74,250 TARE: 29,250 NET: 45,000 U.S. DOT Hazmat Reg. No. 062007 550 073F Subject Section of conditions, Ir,nia COD FEE: shipment is too be deliver ed to Remit COD to: shithe consignee C0� AMT. Add,,I,.1 without recourse on the consignor, the consignor ress: shall sign the following statement: City: State: Zip: The carrier shall not make delivery shipmof this Prepaid El without payment of freight and all other $ Collect ❑ Is wful gas. NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per Signature o1 Consignor $ ❑ Prepaid ❑ Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carder and are availably to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as Indicate below which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at s ' destination, if on Its route, or otherwise I, deliver to another carrier on the route to said destination. It is mutually agreed as to each carder of all or any of said Property over all or any portion of said route to destination and as to each parry at any time t re ed ,1n all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether pdnted or written, herein contained, Including the conditions on the back hereof, which are herey agreed t by t e shipper and accepted for himself and hl assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C.14706(c)(1)(A) and (B). _ This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: AT I SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: TERRY GRAHAM Jl l 0/GUU0 800 424-9300. 1 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( including storage incidental to transportation (172.604). 211-BLC-03 12267 U By giving the carrier the property described inthis bill ^flading (the (c) If the Property is perishable and is refused bythe consignee or �"Pmperty`),you'anmoto all of the terms ofthis bill otlading. party entitled to receive it at the destination location, o, said Section 1�- '----' ' consignee or party entitled m receive d shall h�| to �uaiwe it promptly, the carrier, may, in.3M/0@f���DJAb prevent^B-'-- - ion ------ of the Property shall--'--- deterioration nrfurther deterioabon mgi �e same to bey ~ aa��mmon�wbn ���mdmn�o�o�hPmp�y ' ~ hen��� m�m advantage except as /pmvNmU� (�The oo�erohoUm�beUahe�x�ano�damaQ*Voorde�yin ��N|^ ;�#05p��eliforts to notify you d��eryof�aPmpoUy: ' - - - - ` - nd '«q«��>i���U»V@o���o�1�d\��������fft!'dPmpe,ty 1i) cause d by an act o%/11f (d) If the procedure donohbad in aubaoctinn (U) and (u) is not '"w' or any "^` or "e="' vommevoi | ' option, sell the � pmpe�Kort� p , ������J��itImunn*raomay yV occurring while the Property isstopped and held in transit at boauthorized bylaw. your request orthat oyany other party entitled mmake such ($ The carrier shall apply/he proceedsuf any sale made underMhi request. — section to the payment n,freight, o°mu,n^Ue, ums^g°, and any )/0p,M defector vice inthe Property, orfrom riots or other lawful charges and(�'advordmot` t�ae v^u na|o' and other nvnomaurynddToahng for and (c) To the extent permitted under the Cannark Amendmerk, the maintaining the Property, if proper care, ufthe same requires liability of the carrier for the Property may belimited &»avalue special expense. |ffollowing payment of the preceding there ia8 established by written or electronic declaration by you or by balance, such balance shall bapaid mthe owner ofthe Property written agreement between the carrier and you. |nall cases not sold hereunder. prohibited by |mm where e lower value than actual value has d0x�u�up� location nhom been �pmaen»adinwrihngbythe oh�perorhas been agrood `uv'�K�r��6K6\���|�r|��nh�6�@f�����gen(the ooniorshall mm p�� - ' - upon n � be �ao du x/ Property ocourdng,at, such determined / �n o �nne |ou��nafter the Pmpanyhas been unloaded ousuch |boaUnn. 0e»ed. such lower value plus freight ch i Section 5 Valuable Items maximum amount to be mnovemd, whether oi�, dmmage000umfmmn*y|igono*� ( ��'08l� (o) Thocorrior�|iabi1i�inoonn*oUon�i�hthePropar/ i |imi�ed*n \` the lesser o/the amount ofyour oo��dm thedeclared Section Filing of Claims ~'`-'_-~'� va|ue»hpu|eAodbythooarriaron/hots000+/his bill $V Claims agaithe n1 for loss o/ any freight charges paid hyyou. must vvfiled .// writing with the carrier .suumu (b) The carrier shall not be liable in any way for any documents,. within nine months after "=,e'x of the ''"p"'`, `=. "' case "' �n �t| of extraordinarywd eo�md export traffic, within i months after delivery at of export) rated in the published classifications or tariffs unless a special after a reasonable time for" q-a1VgT,' . i", '� , Y his..* sed. All causes of specie,or- or, in case of failure to m81,TCdqJiVpry, -t�prwll�ljrl nine months agreement to do so and a stipulated value of the articles are endorsed ="= this bill ".=""�. action must -' instituted ---''-'-----''gthe date when — Sec written Jo�t�a��|�ybnHazardous Goods disallowed the wh�ennoUce� given by thf.16arrilgr to­yo%,tPat the carrier has claim You, and if you are an agent, any owner ofthe Property, shall be joint and notice. If -your o|mimuraction isnot filed orinstituted properlyin severally liable for and indemnify the carrier against all loss or damage accordance with the foregoing provisions, the carrier shall not be "av^»« by the shipment of explosives, dangerous or hazardous goods, liable, and such claims may not Uepaid. °mmvv, giving pnn, mm"nn notice to the ,ume, of their nature. At the ('h). The carrier. shall have the full benefit ofany insurance tha1may � Uiau«�iuno[the ouniecany such goods may bewarehoused auyour and the have been »wne'�ri»kadnxPenourdootroyedwV�outonmpana�tion,emectedvpon or on aocou��the pn�yin . I �or damage. 'to |� '8eun����rgemand Paymenteven �& ,Yhn man � rope rty.: '' �` '''(�' You, are,primarily responsibleJoe the freight and, all other lawful ' Section Method ofTranupo�m�on ` ` � ^ ' - charges, unless you.stipulate in writing in the space p�ovided for ��Umuf `~~ the face `' this bill ~~ lading ^that the carrier shall carrier is not bound to transport the Property by any particular motor vehicle, not make delivery - ---''--- without requiring of such charges and or in time for any particular market or otherwise than with reasonable the carrier makes delivery without requiring such payment. If you dispatch. The carrier shall have the right in case of physical necessity to provide erroneous information that results in the shipment being forward said Property by any carrier or route between the point of shipment reconsigned or diverted to a location other than the location and the point of destination. identified in the original bill of lading, you shall be liable for such Section 4 Responsibility for Property additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be (m) If the Property is not removed by the entitled to eooke it pursuant m49 U3.C.O 13700, within the free time || d by tariffs or classifications upon (b) MmhinginthisbiUof|uding-ukeU|imittherighof the carrier tu wmo/ the rate is "auev, wmo" free time o be computed, as requirethe prepayment or guarantee of charges at time of therein provided), shipment U the carrier determines that the arrival of the Property at the destination or at the port of export articles shipped are not those described in this bill of lading, the (if intended for export), The carrier, in its discretion, may store the freight charges must be paid upon the articles actually shipped. Property 'n - public or licensed--warehouse--at the place of Section Effect cfShipper Signature d� theTho o~~ stored 'Pmpo�y`wi||hoou ecxmu|ionfor�|�oiO��andn�*� If bill is issued on the nd of the shipper, orhis agent,i lawful charges,Including ureasonable charge for storage. The exchange vrmvubsowummommmsh ipper's sig nature carrier's responsibilityshall b*that ofawarehouseman only. to the prior bill of lading as to the statement of value otherwise or election (b) "' common law = bill of lading ^' '~ liability, ^^'~ ^'~`^^~``'~' `'such r'~ ~'ll ^~~`~^~'''~^'~~~^'~~~~~~u'~~''-Property ~ ^'"' refused by consignee or the p2lUomV���of lading, ah�|boonaidodapa�of��PUnDad� om�the same ���A `n N'w'mm`*.�were whuenormade i»or\n connection consignee oqparty onhtindUo��Vd���7��ivei�wi�hin�1� arrival shall have been duly km he Section Transport byWater carrier|| the P highest If all or any part of the Property i said bidder, at such place a y' e' Ksig`nat'e� E� fhe carrier. Prior and any loss of or damage to the rrdk­pt'e­`rry-6'ccu'rs Ailelil ig in the custody of to any such sale, th(6('WqW..Jfgf! use commercially reasonable the carrier providing the water carriage, the liability of such carrier shall be i Pi liV0.1and by the laws and regulations efforts to notify you that the Property has been refused or determined by that cjrgr"z, t remains unclaimed, as the case may be, and that it will be applicable to tn rf 15y' er. ddh'water carriage shall be performed subject to sale under the terms of the bill of lading if you do not subject to all of the terms and provisions of, and all the exemptions from arrange for an alternative disposition. liability contained in the Harter Act or the Carriage of Goods By Sea Act, as ' applicable. OcCopyright mo ^J.xELLERuASSOCIATES, /wcNeenah, wx^USA `wowo27*v68`==ukelle"corn^Printed * the United States STRAIGHT BILL OF LADING -ORIGINAL -NOT NEGOTIABLE ALCHEM, INC. BARRIER SCAC TO: INDUSTRIAL & AGRIC CHEMICALS, INC FROM: CONSIGNEE 2042 BUIE PHILADELPHUS RD SHIPPER STREET STREET RED SPRINGS, NC 28377 DESTINATION STATE ZIP ORIGIN ROUTE 910-843-2121 22.5 TONS OF BAUXITE SAND SHIPPER NO. CARRIER NO. 3/19/2008 DATE ALCHEM, INC 8135 RED ROAD ROCKWELL; NC 28138 STATE VEHICLE NUMBER U.S. DOT Hazmat Reg. No. 062007 550 073F NSE Certirodto ANSMSF ti0 GROSS: 74,330 TARE: 29,330 NET: 45,,000 ZIP Remit COD to: sabjecl to section , of tonditio.n if n. COD FEE: shipment is to be delivered to the consignee COD AMT. without recourse on the consignor, the consignor Address: sh.11sIgn the following statement: Prepaid ❑ The carrier shall not make delivery of this �` City: State: Zip: ship t without payment of freight and all other Collect ❑ w la I harge10 NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing the TOTAL CHARGES: FREIGHT CHARGES: agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $ Per (Signature of Consignor ❑Prepaid El Collect RECEIVED, subject to Individually determined rates or contracts that have been agreed upon In writing between the carrier a d shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are avaliabli to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent goo order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicates below which said company (the word company being understood throughout this contract as meaning any person or corporation In possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise ti deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination and as to each party at any time Interested in all or any of said Property that ever service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and hl assigns. NOTE: Liability Limitation for loss or damage In this shipment may be applicable. See 49 U.S.C. 14706(c)(1)(A) and (B). . This is to certify that the above -named materials are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation PER: w/ SHIPPER: ALCHEM, INC CARRIER: ALCHEM, INC. PER: DENISE WOLCOTT PER: GREG GALLIMORE 3/19/2008 800 424- 300 DATE: EMERGENCY RESPONSE Monitored at all times the Hazardous Material is in transportation TELEPHONE NUMBER: ( ) including storage incidental to transportation (172.604). 211-BLC-03 12267 IJ By giving the carrier the property described in this bill of lading (the "Property"), you agree to all of the terms of this bill of lading. Section 1 Limitations of Liability (a)8YWb'acWri 1r'-'or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided. (b) The carrier shall not be liable for loss of, damage to or delay in delivery of the Property:Zf tti _i+�,� ¢,` (i) caused by an act of God, � I `(Ice erny, the authority of law, or any act or de�tSV'b, iWjjL6Jd?� it6� owner of the Property, or for, rptwraleqr�nk ?g�.AVV>j3(, (ii) occurring while.the ropert)isstapped and' .j held in transit at your request or that of any other party entitled to make such request. (iii) resultinq from a defect or vice in the Property, or from riots or (c) To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the -Property, as determined by the classification or tariffs upon which the ratb,js based, such lower value plus freight charges if p h; maximum amount to be recovered, whether or n 4 o damage occurs from negligence. Section 2 Piling of Claims , (a) Claims against the carrier for loss of or damage -to he_ 're perty must be filed in writing with the carrier issuing �t17;i'$' intd within nine months after delivery of the Proper ty-+?srr;-in case -cif export traffic, within nine months after delivery at port of export) or, in case of failure to m-4 a d(e €,ivery, .then wjjJU_ri nine months after a reasonable time fo 'cJelivery has` ela e'ci All causes of action must be instituted wilck€ysear€ruv€ng the date when written notice is given by tt a. car r to, ' at the carrier has disallowed the claim or a, r' 4 parts #h r of specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid. (b) The carrier shall have the full benefit of any insurance that may have been effected upon .or on account of the Property in the event that the carrier is liable for loss -of or damage to the Property. Section 3 Method of Transportation Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination. Section 4 Responsibility for Property (a) if the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination ,or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, '.inclOcling a reasonable charge for storage. The carrier's responsibility shall be that of a warehouseman only. (b) Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the pai t e t'V dlt, r��,�eive it, or said consignee or party entitled to rejvet"§'as to r�eive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the R, r yy�� t, blic apgc iqn to the highest bidder, at such place aS"Ov. �Rsigria`idS b}frthe carrier. Prior to any such sale, th r,ie s•gfl use commercially reasonable efforts to notify you hat' the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition. (c) If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in,prevent deterioration or further deterioration, self the same to the best advantage at private or public sale. Prior to selling the Property, �t t ca I r_ h t(us iG;�prn6foiall agnap tforts to notify you 'Witie� f� -bf het p�ffy� -ti ff f ilt tb receive it, and req� iristrpc�ian Prat rci c is 5t+Property. (d) if the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option:, sell the Property un"rt�:lu>t�'1€alii iul manner as may be authorized by law. (e) The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the gx epsg orf,o%e, advertisement, sale, and other necessary 1canSt rkl} , caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder. �f) �f,you jixec V arrief tq deliver the P,foperty to a location where r_Ei 1 tffere s �ta urfpt-ap�t�irtrteci frre"ig;v� gent, the carrier shall not be liable for any loss or damage to Property occurring at.such location after the Property has been unloaded` at such location. Section 5 Valuable Items (a) The carrier's liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you. (b) The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading. Section 6 Joint Liability for Hazardous Goods You, and if you are an agent; any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner's risk and expense or destroyed without compensation. Section 7 ,Freight Charges and Payment (a) You are primarily, responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49. U.S.C. § 13706. (b) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. Section 8 Effect of Shipper Signature If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper's signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of ladin as fully as if the same were written or made in or in connection vti-flD VJ14:fjillia1-Mang. Section 9 Transport by Water If all or any part of the Property is b�ra-{e �-'N er py �. ay art of said route, and any loss of or darnage to the�F'ropeTt ocycrs'�rfiie it 'in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that c�rrierv' bill fT lad'%,,and by the laws and regulations applicable to transport �d�i f�y�M car. N .beater carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable. 0 Copyright 2.004 J. J. KELLER & ASSOCIATES, INC.. Neenah, wt • USA • (300) 327-6868 • www.&efler.com • Printed in the United States T ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 704-279-7908 fax 704-279-8418 dwolcott2@windstream.net cc April 8, 2008 APR 9 U8 RE: NOV-2008-PC-0134 Dear Mr. Andrew Pitner, This letter is in response to your NOV dated March 27, 2008, concerning 20+ loads of Bauxite Sand delivered to Tom's Creek Church Rd in Thomasville, NC. Below you will find the process that will be used to remove above mentioned sand. PLANNED REMOVAL Alchem will contract Black's Excavating in Salisbury, NC for 5 Quad Axle Dump Trucks; we will rent a 953 CAT Track Loader from Mays Equipment in Lexington, NC for the purpose of loading the sand into the Dump Trucks. NEW LOCATION of SAND All loads of Bauxite Sand will be brought back to Alchem for processing. THOMASVILLE, NC LOCATION After removal of the Bauxite Sand from the property, Alchem will remove 4-5 inches of soil where the sand was sitting; we will then replace the soil with a topsoil, lime and reseed the area. Alchem will have a TCLP done on the soil removed and water samples from any creek or waterway around the above mentioned property, when the results are in we will forward all results to DENR Mooresville Office. FINAL NOTE Andrew, as I told you during our phone conversation last week, these loads of sand were sent to Thomasville back in November of 2007 when Alchem, Inc was still under the Management of Wayne Drye, VP. In our conversation I also informed you that Mr. Drye still to this date retains 21% of Alchem, Inc and is still looked upon as an Officer of this company. He is also responsible bylaw for 21 % of the cleanup cost of Alchem, Inc. I also have every reason to believe that this current situation (sand) was set up by Mr. Drye knowing he was going to loose his active roll at Alchem, Inc once- I came into the picture. Mr. Drye swore vengeance so I am sure this will not be the last retaliatory act/call you will receive from him or someone affiliated with him. He phoned the office again on April 2, 2008 at 3:57pm and asked Denise to relay a message to me, in that message he called me names and said that "THE BEST IS YET TO COME". What Mr. Drye doesn't understand is that he is incriminating himself from a legal standpoint. As I am aware that this is not your concern or issue to deal with, however I feel it is sad that State Agencies are being used by Mr. Drye and his affiliates for his own personal grievances. Knowing this is not your issue, I do however want you to be aware of the situation. Thank you for your time, attention and understanding. Best Regards, ROBERT A. WOLCOTT CHIEF OPERATIONS OFFICER ALCHEM, INC 8135 RED RD ROCKWELL, NC 28138 cc: Randall Andrews OFFICE — 704-279-7908 FAX — 704-279-8418 PERSONAL CELL — 704-245-9689 (AFTER 6pm) ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 704-279-7908 fax 704-279-8418 dwolcott2@windstream.net April 8, 2008 RE: BAUXITE SAND PROCESS BEING DONE OFF SITE Dear Mr. Andrew Pitner, Following you will find for your offices review the process and intended use of the Bauxite Residual Sand that is to be removed from Alchem, Inc. Thank you for your time, attention and understanding. Best Regards, ROBERT A. WOLCOTT CHIEF OPERATIONS OFFICER OFFICE — 704-279-7908 ALCHEM, INC FAX — 704-279-8418 8135 RED RD PERSONAL CELL — 704-245-9689 ROCKWELL, NC 28138 (AFTER 6pm) cc: Randall Andrews FROM FAX NO. Apr. 08 2008 05:41AM P3 1AC .INDUSTRIAL, AND AGRICULTURAL CHtMICALS, INC. 2042 RUIE PMLADELPHUS ROAD RED SPRINGSs NC 28377 910-843-2121— FAX 910-843-5789 r- EMAIL r&@ ,§&Mr.net April 7, 2008 Mr. Bob Wolcott ALCI.ILM, Inc. 8135 Iced road Rockwell, NC 28318 Dear Mr. Wolcott: IAC produces a mineral product that needs a filler. After blending we spray water and Sulfuric acid on the product to ttwn the zinc Oxide, Copper Oxide, Irony Oxide, and Aluminum Oxide into the more soluble sulfate form. Therefore, any Sulfuric acid or Aluminum already in the sand product is beneficial. All components of tale sand product that you generate are beneficial to our granular mineral products. The sand is stored under cover. We have s storm water discharge permit. IAC has not had any solid waste violations in the last 15 years. Best regards, Industrial & Agricultural Chemicals, Inc. Randall F. Andrews, President Page 1 of 1 FROM FAX NO. s M D Material Safety Data Sheet Office: 800-462-2586 24 Hour Emergency Assistance Chemtrec: 800-424-9300 ................. 1. Product Identification ...,...................:.................,............. ..... ... Product Name: Mineral ©fluent Product Common Name; Silica Apr. 08 2ooe 05:40AM P1 ALCHEM, INC. 8135 tied Rd. Rockwell, NC 28138 Date Prepare: 11.16-05 This Revision: 12-08-06 Manufacturer's Name: ALCHEM, INC. I Manufacturer's Address; 8135 Red Rd, Rockwell, NC 28135 Manufacturer's Number: (800) 462-2586 Manufacturer's Fax: (704) 279-8418 ................ . ...... .. I .... 2. Composition/Information on Ingredients ......., ,., . ,,.,...., .... ... ,.,.............. Ingredient Name ... :.......................,..,......,...._..........,,.......,.,..�.,,...,.::.... CAS Number ,..,.,,.........�,...,,...,..,........... Concentration VUt Silica 14808-60-7 90 Aluminum Oxide 1344-28-1 8-10 Sulfuric Acid 7664-93-9 3-5 OSHA PEL ACGIHTLI/ NIOSH REL NIOSH Ingredient TWA STEL TWA STEL TWA STEL IDLH Silica % 0.05 . 0.06mg/Cubic Si02 + mg/cubic meter 2 1 meter Aluminum Oxide NIA NIA Sulfwric Acid N/A N/A Exposure Limits refer to the respirable fraction. PEL means OSHA Permissible Exposure Limit. TLV means American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value. MSHA means Kline Safety and Health Administration Exposure Limit. TWA means 8 hour Time Weighted Average, CAUTION: Silica is Classified as hazardous under Occupational Safety and Health Administration (OSHA) regulations (29 CFR 1010.1200). The Permissible Exposure Limits (PEL) reported above are the pre-1989 limits that were reinstated by 08HA June 30, 1993 following a deoision by the 11th Circuit Court of Appeals. There PELs are now being enforced by the Federal OSHA, Be aware that more restrictive exposure limits may be enforced by some states, agencies, or other authorities. 3. Hazards Identification _..:.,,,........_._..._......._,.,.....:...................................................... , .,..,....,,....... .......... Emergency Overview Mineral Diluant Product is a light buff, tan, and gravel -multicolored with no odor. It is Page 1 of 10 ,FROM ry FAX NO. : Rpr. 08 2008 05:40AM P2 . Mineral Dialuent Product DESCfflfflOrl This product is used as a diluent in manufacturing fertilizer mineral products. USES Use between 200 and 300 pounds per ton as formula requires. CHEMICAL T.'YFiCAL SPEQ1*JC Tjoij AND Silica >90% 88-92 FWSICAL Aluminum Oxide < 10% 8-9 PROPIaIi MS Sulfuric Acid <5% 4-5 PACKACINO Snipped in super sacks or bulk, trailers. STORACE Store under cover and minimize storm water runoff, ALCHEM, INC. 8133 RED ROAD ROCKWELL, NC 28138 Phone (704)279-7908 — Fax (704) 279-8418 ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 704-279-7908 fax 704-279-8418 dwolcott2@windstream.net April 8, 2008 'r ,f ) . Li 'A P;I, 9 2008 RE: NOV-2008-PC-0134 "' UZIMN DVIIQ -Aquifer Dear Mr. Andrew Pitner, This letter is in response to your NOV dated March 27, 2008, concerning 20+ loads of Bauxite Sand delivered to Tom's Creek Church Rd in Thomasville, NC. Below you will find the process that will be used to remove above mentioned sand. PLANNED REMOVAL Alchem will contract Black's Excavating in Salisbury, NC for 5 Quad Axle Dump Trucks; we will rent a 953 CAT Track Loader from Mays Equipment in Lexington, NC for the purpose of loading the sand into the Dump Trucks. NEW LOCATION of SAND ' All loads of Bauxite Sand will be brought back to Alchem for processing. THOMASVILLE, NC LOCATION After removal of the Bauxite Sand from the property, Alchem will remove 4-5 inches of soil where the sand was sitting; we will then replace the soil with a topsoil, lime and reseed the area. Alchem will have a TCLP done on the soil removed and water samples from any creek or waterway around the above mentioned property, when the results are in we will forward all results to DENR Mooresville Office. FINAL NOTE Andrew, as I told you during our phone conversation last week, these loads of sand were sent to Thomasville back in November of 2007 when Alchem, Inc was still under the Management of Wayne Drye, VP. In our conversation I also informed you that Mr. Drye still to this date retains 21 % of Alchem, Inc and is still looked upon as an Officer of this company. He is also responsible bylaw for 21 % of the .. V4 cleanup cost of Alchem, Inc. I also have every reason to believe that this current situation (sand) was set up by Mr. Drye knowing he was going to loose his active roll at Alchem, Inc once I came into the picture. Mr. Drye swore vengeance so I am sure this will not be the last retaliatory act/call you will receive from him or someone affiliated with him. He phoned the office again on April 2, 2008 at 3:57pm and asked Denise to relay a message to me, in that message he called me names and said that "THE BEST IS YET TO COME". What Mr. Drye doesn't understand is that he is incriminating himself from a legal standpoint. As I am aware that this is not your concern or issue to deal with, however I feel it is sad that State Agencies are being used by Mr. Drye and his affiliates for his own personal grievances. Knowing this is not your issue, I do however want you to be aware of the situation. Thank you for your time, attention and understanding. Best Regards, ROBERT A. WOLCOTT CHIEF OPERATIONS OFFICER ALCHEM, INC 8135 RED RD ROCKWELL, NC 28138 cc: Randall Andrews OFFICE — 704-279-7908 FAX — 704-279-8418 PERSONAL CELL — 704-245-9689 (AFTER 6pm) FROM r Hh iyu. 11.1 ;W . 4.�. IAC INDUSTRIAL AND AGRICULTURAL CH MICALS, INC. 2042 BUIE 1'fI LADELPFU'S ROAD RED SPRINGS, NC 28377 910-843-2121— FAX 910-843-5789 � EMAIL r&@semr.net April 7, 2008 Mr. Bob Wolcott ALCHEM, Inc. 8135 Red Road Rockwell, NC 28318 Dear Mr. Wolcott: JAC produces a mineral product that needs a filler. After blending we spray water and Sulfuric acid on the product to turn the Zinc Oxide, Copper Oxide, Iron Oxide, and Aluminum Oxide into the more soluble sulfate form. Therefore, any Sulfuric acid or Aluminum already in the sand product is beneficial. All components of the sand product that you generate are beneficial to our granular mineral products. The sand is stored under cover. We have s storm water discharge permit. IAC has not had any solid waste violations in the last 15 years. Best regards, Industrial & Agricultural Chemicals, Inc. Randall F. Andrews, President LVIL y Page 1 of 1 t ALCHEM, INC 8135 RED ROAD ROCKWELL, NC 28138 704-279-7908 fax 704-279-8418 dwolcott2@windstream.net April 8, 2008 RE: BAUXITE SAND PROCESS BEING DONE OFF SITE Dear Mr. Andrew Pitner, Following you will find for your offices review the process and intended use of the Bauxite Residual Sand that is to be removed from Alchem, Inc. Thank you for your time, attention and understanding. Best Regards, ROBERT A. WOLCOTT CHIEF OPERATIONS OFFICER ALCHEM, INC 8135 RED RD ROCKWELL, NC 28138 cc: Randall Andrews OFFICE — 704-279-7908 FAX — 704-279-8418 PERSONAL CELL — 704-245-9689 (AFTER 6pm) a. . h KUM rnn iru. Mineral Diluent Product DESCRIPTION This product is used as a diluent in manufacturing ferdiizer mineral products, USES Use between 200 and 500 pounds per ton as formula requires. CHEMICAL TY,F. t�AL HECIPWATjON AND Silica >90% 88-92 PHYSICAL Aluminum Oxide < 10% 8-9 PROPERTIES Sulfuric Acid <5% 4_5 PACKAGINQ Shipped in super sacks or bulk, trailers. STORAGE Store under cover and minimize storm water runoff, ALCHEM, INC. 8135 RED ROAD ROCKWELL, NC 28138 Phone (704)279-7908 — Fax (704) 279-8418 FROM rHA NU. MSDSMaterial Safety Data Sheet_] Office: 800-462-2586 np . ego =Kjj. U- "Uni i , i ALCHEM, INC. - 8135 Red Rd. - Rockwell, NC 28138 24 Hour Emergency Assistance Date Prepare: 1 1.16-05 Chemtrec: 800-424-9300 This Revision: 12-08-06 .................... 1. Product Identification Product Name; Mineral Diiuent Product Common Name: Silica Manufacturer's Name: ALCHEM, INC. I Manufacturer's Address: 8135 Red Rd. Rockwell, NC 28138 Manufacturer's Number: (800) 462-2586 Manufacturer's Fax: (704) 279-8418 2. Composition/Information on Ingredients Ingredient Name CAS Number Concentration VVt Silica 14808-60-7 90 Aluminum Oxide 1344-28-1 8-10 Sulfuric Acid 7664-93-9 3-5 OSHA PEL ACGIHTLV NIOSH REL NIOSH Ingredient TWA STEL TWA STEL TWA STEL IDLH Silica % 0,05 . 0.05mg1cubic S102 + mg/cubic meter 2 meter Aluminum Oxide NIA NIA Sulfuric Acid N/A N/A Exposure Limits refer to the respirable fraction. PEL means OSHA Permissible Exposure Limit. TLV means American Oonference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value. MSHA means Mine Safety and Health Administration Exposure Limit. TWA means 8 hour Time Weighted Average, CAUTION: Silica is classified as hazardous under Occupational Safety and Health -Administration (OSHA) regulations (29 CFR 1010.1200). The Permissible Exposure Limits (PEL) reported above are the pre-1989 limits that were reinstated by OSHA June 30, 1993 following a decision by the 11ch Circuit Court of Appeals. "there PELs are now being enforced by the Federal OSHA. Be aware that more restrictive exposure limits may be enforced by some states, agencies, or other authorities. 3. Hazards Identification .... ... -....... ...... ............ ........ :..,.,,,, ,......... ,....,....................... . Emergency Overview Mineral Diluant Product is a light buff, tan, and gravel -multicolored with no odor. It is Page 1 of 10 �0F, W A%Q I Michael F. Easley, Governor ��William G. Ross Jr., Secretary �. (t ) ,1 FNT North Carolina Department of Environment and Natural Resources r \� Coleen H. Sullins, Director O Division of Water Quality AQUIFER PROTECTION SECTION February 21, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Alchem, Inc. 2042 Buie Philadelphus Road Red Springs, North Carolina 28377 Attention: Julia M. Andrews, Registered Agent RE: Inspection Report and Notice of Violation with Recommendation for Enforcement NOV-2008-SC-0134 Non -discharge Permit No. WQ0002702 Industrial Recycle -Bauxite Process and, Non -discharge Permit No. W00016338 Bauxite Residuals Monofill Alchem - Red Road Plant Rockwell, Rowan County Dear Ms. Andrews: On January 29, 2008, staff from the Aquifer Protection Section (APS) conducted a follow-up inspection of your facility. As you are aware, a previous inspection was conducted on December 6, 2007. Enclosed you will find a report for the January inspections covering the subject permits as well as the Settlement Agreement, which was filed on November 27, 2007. At the time of the inspections, it was evident that some of the much -needed work had been accomplished and that other site improvements were in progress. The Division appreciates this effort, however, there are conditions in violation of the subject permits as well as the Settlement Agreement. SETTLEMENT AGREEMENT CONDITIONS This office wishes to emphasize the condition that is in violation as well as upcoming deadlines and items that were established in that agreement: Within 30 days of the execution of this Agreement, Petitioner will immediately create two (2) feet of freeboard space in all storage lagoons. Additional bauxite residuals must be disposed of in a manner consistent with Water Quality General Statutes and the relevant rules promulgated thereunder or applicable Solid Waste Statutes and the relevant rules promulgated thereunder. The Agreement was filed on November 27, 2007. Site conditions related to freeboard on January 29, 2008 were in violation of this condition. 2. Petitioner shall inspect and repair all three storage lagoons on site by June 1, 2008, with site work monitored, tested and certified by a licensed professional engineer to ensure proper construction. As of January 29, 2008, considerable progress has been made towards cleanout of Lagoon 2; Lagoons 1 and 3 remain overfilled. NorthCarolina Naturally Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office Phone: (704) 663-1699 Fax: (704) 663-6040 610 East Center Street Suite 301, Mooresville, NC 28115 Customer Service 1-877-623-6748 Internet: muw.ncwaterguality.orq Alchem NOWNRE February 21, 2008 Page 2 of 3 3. On or before June 1, 2008, the Petitioner will install sampling ports in the pipes between the wash system and the storage lagoons. Additionally, Petitioner will provide sampling data to the Mooresville Regional Office of DWQ that the bauxite residuals being transferred from the wash system to the mixer and/or storage lagoons and eventually to the berm fill area, have achieved the prescribed pH level. As of January 29, 2008, no sampling ports have been installed, no mixer has been installed, and it is not apparent that the process has been fixed to achieve prescribed pH levels. Permit # WQ0002702- inspection findings related to permit conditions 1. Freeboard in all of the lagoons shall not be less than two feet at any time (also per the Settlement Agreement, this shall be accomplished by December 27, 2007, and maintained beyond that time). Freeboard in all three lagoons is still less than the required two feet, though significant cleanout has occurred at lagoon #2 and some trenches were created around the edges of the other lagoons. 2. Waste -level gauges, to monitor levels in the settling lagoons shall be installed within 60 days of issuance of this permit, We feel this is implicit in the above freeboard requirement and will work with you regarding their installation during lagoon clean outs. We expect that permanent gauges will be installed as the lagoons are repaired. 3. A protective vegetative cover shall be established and maintained on the earthen embankments around lagoons #1, #2 and #3, berm, pipe runs, erosion control areas and surface water diversions. Vegetation exists in some, but not all of these areas. 4. Within 90 days of permit issuance, the recycle system shall be required to keep the recycled water at a pH of not less than 6.0 Standard Units as it leaves the wash area and goes to the storage lagoon. Lagoon 3 was actively receiving slurry at the time of the inspection. This also relates to the Settlement Agreement condition regarding sampling ports and onsite residuals transfers. 5. During cleanout of the lagoons, a pH reading shall be taken and documented for every load of material removed from the lagoon. This documentation shall be conveyed to the Division within (30 days) of the cleanout. This item is related to the Settlement Agreement items of creation of freeboard and lagoon inspection and repair. During the inspection, records were provided for loads removed from the site to Southern States and to Industrial and Agricultural Chemicals, Inc. Permit # W00016338- inspection findings related to permit conditions The stormwater basin water retention footprint should extend only to the extent of the berm area that has been re -enforced to retain stormwater as reflected in the as -built drawings. Water in the basin should not be stored beyond that point of the berm as noted in the Delta Engineering report dated June 15, 2007 (see figures tab). During the January inspection, it was noted that water is ponded in areas extending northward beyond the reinforced stormwater basin. It also appeared that the berm was allowing seepage from one location in the reinforced area and in other areas beyond the reinforced area where the berm had been reconstructed. This indicates that the berm is not functioning as proposed. See attached photos. 2. It has been noted that area rain records do not support the amount of water currently collected in the stormwater basin. The stormwater basin, which collects rainwater from the fill area, may be Alcl.em NOV/NRE . e February 21, 2008 R Page 3 of 3 used as a source for makeup water in the water recycle system but it is not a part of the wash water/recycle system. No water other than stormwater is allowed in the stormwater basin. Please be advised that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the above mentioned violations of Non - discharge Permits #WQ0016338, #WQ0002702, and the Settlement Agreement. If you have an explanation for the violations that you wish to present, please include it in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his consideration. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more that twenty- five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per violation, per day when the violation is of a continuing nature, against any person who fails to abide by the conditions of the permit (G.S. 143-215.1). It is requested that you respond in writing to this Notice indicating ALCHEM's plans to correct these violations. The plan should detail restoration activities (with specific timelines for completion) and measures you will take to prevent recurrence. Please address your response to Ms. Ellen Huffman by no later than March 21, 2008. The enclosed. inspection report should be self-explanatory. Should you have any questions, please call me at 704/235-2180. Sincerely, Andrew H. Pitner, P.G. Regional Environmental Supervisor Enclosure: Inspection Report Cc: Bob Wolcott, Chief Operations Mgr., Alchem, Inc., 8135 Red Road, Rockwell, NC 28138 Kim Colson, P.E., Supervisor — APS Land Application Unit Gary Riblett, P.E., Delta, 8008 Corporate Center Drive, Suite 100, Charlotte, NC 28226 Stormie Forte, Asst. Attorney General H. Addison Winters, The Yarborough Law Firm, P.O. drawer 705, Fayetteville, NC 28302 UNITED:.vS•.TIjT.!~��.O;+�T�ALt�5'E��F�Cfr�t rir`�,:�..�.1: �,,.".'' _ _ .:..< ........ F'D C. • Sender: Please print your name, address, and DENR DWQ Aquifer Protection 610 E. Center Ave., Ste. 301 Mooresville NC 28115 L O L-n Postage $ Certified Fee 0 Return Receipt Fee Postmark O (Endorsement Required) Herg' O Restricted Delivery Fee (Endorsement Required) E' Total Postage rl ' Sent To �j ►ti Julia M. Andrews��� C3 Sfreef, Apt. WE Alchem, Inc., or PosoXNo, 2042 Buie Philadelphus Rd. Clfy Stafe, ZiF Red Springs NC 28377 2"s5"iVi81E ( State, of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director NCDENR NON -DISCHARGE COMPLIANCE INSPECTION Recycle System & Bauxite Residuals Monofill GENERAL INFORMATION City/Town/Owner: Randall Andrews County: Rowan Project Name: Alchem, Inc. Permit No. WQ0002702 Issuance Date: Dec. 28, 2004 Expiration Date: Nov. 30, 2009 Permit No. WQ0016338 Issuance Date: Dec. 28, 2006 Expiration Date: Nov. 30, 2011 Permittee Contact: Bob Wolcott, Operations Mgr. Telephone No. 704/279-7908 Reason for Inspection ROUTINE COMPLAINT X FOLLOW-UP OTHER Inspection Summary: Staff from the Mooresville Regional Office, Aquifer Protection Section (Andrew Pitner, Ellen Huffman, Peggy Finley and Kevin Bubak) conducted a follow-up inspection on January 29, 2008. Current site managers Bob and Jason Wolcott were also present. Cleanout of one lagoon continues but the facility is still not in compliance with elements of the settlement agreement. Laboratory certification for field parameters needs to be obtained from the DWQ Laboratory Certification Branch. Stormwater berm is not functioning as proposed. Is a follow-up inspection necessary X yes no Date of inspection January 29, 2008 4 ALCHEM inspection January 29, 2008 Trnatmant Page 2 It is unclear that the water washing process was ever installed as previously stated. The water washing process (currently described as taking place inside the reactor after batch production) is still producing recycle water that has a pH of <4.0. New management (as of November 2007), has neutralizing chemicals on site, however, they are currently not using them. Depending on the design of a new process, a permit modification request may be necessary. Residuals Storage Lagoons The freeboard in all three lagoons is still less than the required two feet. Lagoon #1 is still overfilled and mounded with bauxite residuals. It is evident that a large amount of material has been removed from lagoon #2. Lagoon #2 is currently not being used. The trench that was behind lagoon #2 has been filled as requested. Lagoon #3 is full and is still receiving slurry via a hose. Trenches in the material have created some freeboard for this lagoon since the last inspection (Dec. 6, 2007). See attached photos. Waste level gauges have not been installed. A vegetative cover around the lagoons has not been established. The clay liners have not been inspected or repaired because none of the lagoons have been cleaned out (deadline is June 1, 2008, per the Settlement Agreement). An active water supply well is located less than 100 feet from lagoon #1. Transport of Residuals Billing records indicate that spent bauxite has been hauled off -site to Industrial and Agricultural Chemicals, Inc., and to Southern States, Statesville, NC. A spill plan (required for transport) was not reviewed during this inspection but there should be a copy of such a plan in each transport vehicle. The transport vehicle(s) were not inspected for proper maintenance. The current manager, Bob Wolcott, stated that federal rules does not require him to do so, however, permit condition 1-11 has provisions for transport and best management practices, which include a spill plan, can be found under the General Statutes 15A NCAC 02T .1110 (attached). Residuals Fill Area Much grading has been done in the fill area. The work is consistent with the work plan that was submitted to the regional office. Management stated that the cement pad and storage tanks, recently built in the disposal area, are going to be torn down and rebuilt. Stormwater Basin The recently reconstructed stormwater basin, which collects rainwater from the spent bauxite fill area, may be used for makeup water in the water recycle system (but it is not a part of the wash water/recycle system). Photos of the lagoon on January 29, 2008 show that water levels are much higher than in December 2007. At the time of the inspection, it was rE ALCHEM inspection January 29, 2008 Page 3 apparent that the impounded water extended farther to the north than the engineered portion of the berm. Current management reported that the pH remains in a range <4.0. Evidence of seepage at the base of the berm was visible on the backside of the berm indicating failure of the newly repaired/reinforced section as well as water seepage through the old (un- reinforced) section that was not approved to hold back stormwater. Recordkeeping Documentation was provided on the volume and pH of the bauxite residuals that have been removed from lagoon #2. Comments on the documentation related to the disposal of these residuals have been made under Transport of Residuals. Groundwater Monitoring Wells Review of report forms GW-59 and the associated lab reports have been submitted on schedule, but form GW-59A has not been included. The groundwater samples are being analyzed for the required parameters but there has been significant variability in the reported concentrations of those parameters. There has also been variability between the results obtained from samples collected by Alchem staff and those collected at the same time by regional office staff. The monitoring wells are not identified in accordance with the permit. The new well, which was installed upgradient of the lagoons, should be identified as MW-3. MW-1 is the well nearest lagoon #3 and MW-2 is the well nearest lagoon #2. Compliance reports indicate that the wells are not being sufficiently purged prior to sampling. This may be a factor in the variable sampling results that have been reported. Based on data collected since the wells were installed in July 2002 and up to the present, the pH concentrations in both MW-1 and MW-2 have decreased from an average 5.5 to 4.5 S.U. This suggests that the groundwater has been impacted by the permitted activities. Compliance Monitorin_g Alchem does not have field parameter certification from the DWQ Laboratory Certification Branch for groundwater and lagoon sampling or pH. Confusion exists as to the designation, location and depth of the on -site water supply wells. Bob Wolcott agreed to provide a map with the location of all on -site water supply wells, as well the as their depth and status. Complaints This office has received telephone calls and a -mails from a neighbor who has concerns about the impact of Alchem's operations on local air and water quality. Regional office staff has responded by collecting groundwater samples from water supply wells in the area surrounding the facility. "I, Berm looking north, water seep area Berm looking south water seep area. under engineered portion of berm. Stormwater containment area limits marked by blue Line (engineered portion; Note extent of ponded water. Looking north on berm beyond engineered Looking down at soil on bacK of berm Portion; note water level. showing seepage/saturation. r v c0 0 0 C— v N CO N O O OD ENR —ENVIRONMENTAL MANAGEMENT 09101106 closure plans shall be submitted to the Division at least 180 days prior to the date that a surface disposal unit is to be closed and shall include the following information: (A) how the surface disposal unit will be closed; (B) a discussion of how the leachate collection system will be operated and maintained, if applicable; (C) a description of the system used to monitor the air for methane gas in the air in any structures within the surface disposal unit boundary and at the property line of the surface disposal unit, if applicable; (D) a discussion of how public access to the surface disposal unit will be restricted; and (E) proof that the deed for the surface disposal unit property has been amended to provide permanent written notification to subsequent owners of the property that the property was used for the purposes of operating a surface disposal unit. History Note: Authority G.S. 143-215.1; 143-215.3(a); Eff. September 1, 2006 15A NCAC 02T .1110 OPERATION AND MAINTENANCE PLAN An Operation and Maintenance Plan shall be maintained for all residuals management programs. The plan shall: (1) " describe the operation of the program and any associated facilities and equipment in sufficient detail to show what operations are necessary for the program to function and by whom the functions are to be conducted; (2) describe anticipated maintenance of facilities and equipment that are associated with the program. (3) include provisions for safety measures including restriction of access to the site and equipment, as appropriate; (4) include spill control provisions including: (a) response to upsets and bypasses including control, containment, and remediation; and (b) contact information for program personnel, emergency responders, and regulatory agencies; (5) detail procedures for sampling and monitoring to ensure that the program stays in compliance with this Section and any issued permit; and (6) for surface disposal units, detail procedures for post -closure care management. History Note: Authority G.S. 143-215.1; 143-215.3(a), Eff. September 1, 2006 15A NCAC 02T .1111 MONITORING AND REPORTING (a) Representative samples of residuals that are prepared for application to the land or placed in a surface. disposal unit shall be collected and analyzed. (b) The analytical methods listed in 40 CFR 503.8(b) as stated on January 1,1996 shall be incorporated into this Section by reference. (c) Residuals applied to the land or placed in a surface disposal unit shall be monitored for pollutants as listed in Rule .1105(a) and Rule .1105(d) of this Section as well as Rule .1106 and Rule .1107 as applicable at the frequency as stipulated in the following: Metric Tons per 365 day period Monitoring Frequency (Dry Weight Basis) Greater than zero but less than 290 Once per year Equal to or greater than 290 but less than 1,500 Once per quarter (four times per year) Equal to or greater than 1,500 but less than 15,000 Once per 60 days (six times per year) Equal to or greater than 15,000 Once per month (12 times per year) (d) A report of all monitoring and reporting requirements as specified in the permit shall be submitted to the Division by the permittee annually on or before March 1st of each calendar year. (e) All records shall be retained for a minimum of five years. History Note: Authority G.S. 143-215.1; 143-215.3(a); Eff. September 1, 2006 67