NCG080780_COMPLETE FILE - HISTORICAL_20140909 (2)

STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
ffc-
DOC TYPE
El COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
YYYYMMDD

AL53
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. John C. Pfleger
310 Sampson Street
Wilmington, NC 28401
Dear Mr. Pfleger:
John E. Skvarla, III
Secretary
September 9, 2014
Subject: Rescission of NPDES Stormwater Pen -nit
Certificate of Coverage Number NCGO80780
Wilmington Location
New Hanover County
On August 1, 2014 the Division of Energy, Mineral and Land Resources received your request to rescind
your coverage under Certificate of Coverage Number NCGO80780. In accordance with your request,
Certificate of Coverage Number NCGO80780 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters
of the State without valid coverage under an NPDES permit is against federal and state laws and could result
in fines. If something changes and your facility would again require stormwater or wastewater discharge
permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the
proper permit coverage.
If the facility is in the process of being sold, you will be performing a public service if you would inform the
new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact us at 919-707-9200, or the Stormwater staff in our
Wilmington Regional Office at 910-796-7215.
Sincerely,
ORIGIML SIGNED Bl
KEN PICKLE
for Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral and Land Resources
cc: WiRO - D. Sams
Stor nwater Permitting Program
Central Filcs - w/attachments
Deborah Reese, DEMLR Budget - Please waive fees
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 276044 - Internet: http:llportal.ncdenr.org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Alexander, Laura
From: Pickle, Ken
Sent: Monday, September 08, 2014 3:01 PM
To: Alexander, Laura
Subject: RE: Stormwater permit name change request: RETURNED
Fallow Up Flag: Follow up
Flag Status: Flagged
Laura,
think we should rescind this permit based on the documentation already submitted to us, and without further
involvement from WIRO. I consider the following in arriving at this decision:
This action began as a request to transfer coverage under an existing NCG08, with original permittee being
Waste Industries.
We learned that Waste Industries is no longer on the site; and that the new tenant, Cape Fear Paving, is not
eligible for coverage under an NPDES stormwater permit based on the current use of the premises as a
contractor's main office and yard. We returned the Name/Ownership transfer request unprocessed after
telephone discussions with Cape Fear Paving, and email notification of Waste Industries.
I have copied Dan Sams of WIRO on several pieces of email correspondence without comment from his office. I
think it very unlikely that it's worth their time to go out to this site to see if there are any reasons we might keep
Waste Industries covered under their current COC while Cape Fear Paving is in control of the site. In my
judgment it's certainly quicker, and therefore better to move ahead without further WIRO manpower
involvement.
So, please go ahead and rescind the permit based on the rescission request in hand and the email correspondence
record below. (Please print and include this email string in our file for NCG080780-.
Thanks,
Ken
From: Alexander, Laura
Sent: Monday, September 08, 2014 2:01 PM
To: Pickle, Ken
Subject: RE: Stormwater permit name change request: RETURNED
Ken,
<< File: Waste Industries Rescission Request.pdf >>
John Pfleger sent a rescission request reference your below email. There is also a lease agreement attached. Let me
know if I can go ahead and rescind or if I need to send information to local RO.
Thank you!

Laura
From: Pickle, Ken
Sent: Thursday, July 24, 2014 2,25 PM
To: [e-mail]; [e-mail]
Cc: Alexander, Laura; Bennett, Bradley; Sams, Dan
Subject: FW: Stormwater permit name change request: RETURNED
Good afternoon, Mr. Stark,
Thank you for your time this afternoon.
We are returnini, unprocessed your request to transfer coverage under our stormwater permit Certificate of Coverage
NCG080780. As per your description of the commercial activities at 310 Sampson Street in Wilmington, and as I
suspected, your facility is not a regulated industrial activity under the NPDES Stormwater Permitting Program rules.
Typically a contractor's home office and yard are not regulated activities under the federal NPDES rules.
I have copied Mr. John Pfleger of Waste Industries to alert him to our action on your joint request to transfer coverage.
Since we are denying the request to transfer coverage, Waste Industries remains the permittee of record. We will of
course entertain a separate request from Waste Industries to rescind their permit for this site, since there is no longer
any industrial activity that would be regulated for stormwater discharges under NPDES rules. Unfortunately, our
internal procedures will not allow me to move ahead on the obvious path without Waste Industries specific separate
request to rescind the permit. Our permit rescission request form may be down loaded from this website location:
http-.//por-tal.ncdenr.org/web/­Ir/`npdes-stormwater
Gentlemen, please contact me if you have any questions or if I can help speed along a request to rescind the permit for
Waste Industries.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Website: htti):ZZD-o—rt&l.nc-denr.org/weDlIrlstormwater
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Pickle, Ken
Sent: Wednesday, July 16, 2014 10:14 AM
To: '[e-mail]'
Cc: Alexander, Laura; Bennett, Bradley; Georgoulias, Bethany
Subject: Stormwater permit name change request

Good morning Mr. Stark,
RE: Stormwater permit Certificate of Coverage NCG080780; your request to transfer coverage
I have called for you this morning, and left a message with your office.
I'm not sure you need coverage under our stormwater General Permit for the operation of a general contractor's office
and yard. And i think we should speak voice -to -voice to clarify this for me.
We are in receipt of your request to transfer coverage under our stormwater permit from Waste Industries LLC to Cape
Fear Paving LLC, signed by you and John Pfleger on November 20, 2013. Assuming that you sent it to us sometime
around the signature date, I'm not sure why we have delayed responding until now. My apologies for the delay.
The application has been processed by our staff and has come to me for signature. I note that it appears that your
business activity Is different in character from the Waste Industries operation that preceded you on the site. our
permits are based on matching certain categories of Industrial activity with certain General Permits In order to control
the potential for stormwater pollution associated with the particular Industrial activity at those sites. (NCG080000
matches up with the prior Waste Industries activity at your site.)
A Peneral contr ctor's office and yard are not usually captured by the federal regulations that underlie our program. It's
not clear to me that you need coverage under our permit. Considering activities that might be related to your
operations, coverage under a stormwater permit would be required if:
• You were operating an asphalt plant at the site. If you are, coverage under NCG16-Asphalt is appropriate, not a
transfer of NCG08.
• You were operating either a fixed or portable ready -mix concrete plant at the site. If you are, coverage under
NCG14-Ready-Mix Concrete is appropriate, not NCG08.
• The site was home base for a fleet of vehicles, and you were regularly performing vehicle maintenance at the
site. If you are, NCG08 is the appropriate General Permit for stormwater discharges, and we could make the
transfer from Waste Industries to Cape Fear Paving. Some types of vehicles would qualify you for this permit,
and some other types would not. "Vehicle maintenance" is defined in federal rule to include washing vehicles
and fueling vehicles, as well as what you might normally think of as vehicle maintenance.
• You were engaged in an activity similar to the Waste Industries activity that preceded you. Again, in that case
NCG08 would be appropriate. In one way this bullet is a slightly different res-statement of the bullet
immediately above.
• You were engaged in some sort of manufacturing at the site. In that case we have 20 General Permits specific
for the Industrial manufacturing sector that you are engaged In.
Initially the "Paving" in your company name caught my eye. Then the description of the permitted activities ih your
lease with Waste Industries served as corroborating Information, It seemed to me.
I will hold this request for permit coverage for a few more days, but then I intend to return it without granting the
permit transfer. Please contact me to discuss. I'll be out of the office this Thursday (tomorrow) through next Monday.
Unless I hear from you, I will return the application on next
Wednesday.
FYI, if we deny your transfer request then Waste Industries remains our permittee, and it could be construed that they
are still obligated to comply with the permit until they request, and we grant, rescission of the Certificate of Coverage
under our permit. I realize that this aspect may not directly concern you.
Ken

Ken Pickle
Environmental Engineer
NCDENR f DEMLR { Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken. oicklCancdenr.aoy
Website: htto:/Lpp—aaLncdenr.olahnte—b�ir/stormwater
** Email correspondence to and From this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**

A�
NC®ENR
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Division of Energy, Mineral & Land Resources
Land Quality Section/Stormwater Permitting Program
National Pollutant Discharge Elimination System
RESCISSION REQUEST FORM
FOR AGENCY USE ONLY
Date Received
Year
Month
Da
RECEIVED
Please fill out and return this form if you no longer need to maintain your NPDES stormwatRlRpermit.
STODE-LAND
RIMATER RERMi NG
1) Enter the permit number to which this request applies:
Individual Permit (or) Certificate of Coverage
N C S TC, G' 0 8 0 7 8 0
2) Owner/Facility information: * Final correspondence will be mailed to the address noted below
Owner/Facility Name
Facility Contact
Street Address
City
County
Telephone No.
Waste Industries LLC
John C. PFleaer
310 Sampson Street
Wilmington State NC ZIP Code 28401.
New Hanover E-mail Address john.pfleger@wasteindustries.
919 877-7523 Fax: [phone] com
3) Reason for rescission request (This is required information. Attach separate sheet if necessary):
❑ Facility closed or is closing on F — All industrial activities have ceased such that no discharges of
stormwater are contaminated by exposure to industrial activities or materials.
❑ Facility sold to on If the facility will continue operations under the new owner it
may be more appropriate to request an ownership change to reissue to permit to the new owner.
® Other: Facility is leased to Cape Fear Paving LLC, utilized as
contractors corporate office no longer has industrial activity .
meeting permitting requirements under NPDES rules. Lease attached.
4) Certification:
i, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the
subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief
such information is true, complete and accurate.
Signature Date 7 / 2 9 / 14
&'ohn C. Pfleger Sr. EHS Specialist
Print or type name of person signing above Title
Please return this completed rescission request form to: NPDES Permit Coverage Rescission
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
1612 Mail Service Center, Raleigh, North Carolina 27699-1612
Phone: 91M07-63001 FAX: [phone]
An Equal Opportunity 1 Affirmative Action Employer

LEASE AGRUMENT
TIIIS IYASE AGRFF:ME N'1' {'`I.easc'') is made and entered into this.rdday of
_. 2012 by and hetwecn WASTE INDIJSTRIES. U.C. a North Carolina limited
liability company ("Landlord"). and CAPE FEAR PAVING. I,U". A North Carolina limited
liability company (..tenant").
RECITALS:
Landlord, tier and in consideration of the rents and all other charges and payments
hereunder and of the covenants, agrreements, terms, provisions and conditions to he kept anti
performed hereunder by 'Peasant, demises and leases ur Tenani. and Tenant hereby hires and takes
from Landlord. the premises described below ("I'renriscti'), subject to all rnalters hereinafter set
lorth and upon and subject to the covenants, agreements, terms. provisions and tonclitiotl, uf' this
Lease for the lean hereinafter sorted.
NOW THEREFORr Landlord and Tenant agree to the fallowing, unless otherwitic
specifically modified by provisions of this Lease:
I'ERMS.
1.1 Premises. The Premise~ demised by this Lease is that land lying and being; in
New Hanover County, North Cantina. and being more particularly described (in F.,xhihit A
attached hereto and made a part hereof, such land being located at 310 Sampson Street,
Wilmington. North Carolina.
1.2 L.case 'term. The term of this Lease; shall Ix: for a period offive ive (5) years
commencing August I, 2012 unless utherwise terminated or extended as provided for herein
("Perm"). Upon mulual written agreement of the parties, the term of this Lease may he
extended.
1.3 Rent. The basic rent for the first Lease year is 5120,000,01) payable in Cqual
monthly installntt~rits (it'one twelfth (1 /12) cif such annual amount each tnorilh. In addition to the
basic rent. Tenant ,hail pay Property Taxe,, Insurance, and any other charges required to he paid
by Tenant hereunder (all sometimes collectively lasing referred to as "Rent").
1.4 Tcn:rrtt's Limited Ri aht to Terminate Lease. Simultaneously with excc:ttting; this
Lease. the Tenwit has entered into an Operation Agreement with Landlord's af'liiialey to permit
Tenant to operate certain business operations on the real property located at 3612 Highway 421.
Wilmington Norlh Carolina, pursuant to the terms therein. The operation Agreement contains a
provision entitling; Landlord's affiliate to terminate the Operation Agreement tier convenience
upon a ninety (90) day written notice to 'Tenant. In the event that Landlord's affiliate exercises
this right it) terminate the Operation Agreement for convenience, Ilten 'Tenant. tinder this Lease,
shall have the right to lenninate this Lease upon u ninety (90) day written notice to the Landlord.
K EA 1--6B 16-5 3- 3 7 h(1 tin-v

2. DELIVERY OF POSSl~.SSION. If landlord is unable to deliver possession of
the Premises to "Tenant on the Lcuse Cotnnicncetnent Date this Lease shall not he void ojr
voidable, nor shall Landlord he liable to Tenant for any loss or dunnage resulting therefrom, nor
shall the expiration date lit'the term he extended, but in st►ch event Tenant shall not he liahle litr
any Kent or other charges due under this Lease until such time as Landlord tenders delivery ►►t'
possession ofthe Premises to Tenant. Should Landlord tender possession ol'the Premises io
"Tenant prior to the date specified as the Lease Commencement Date, and Tenant elects to accept
such prior tender, such prior occupancy shall he suhicei to all tenns, covenants and conditions of
this lease, including the payment of Rent. Landlord and Tenant acknowledge and agree that
Tenant shall accept possession of the Premises ns of the Lease commencement dale and that
payment of Rent shall commence on such elate notwithstanding that 'Tenant shall not have
completed the upfit of the Premises,
3. PAYMENT OF'RENT. 'renant shall pay Landlord the !lent and any tither
payments due: under this Lease without prior notice, deduction or offset, in lawful motley (If' ll►e
I Initecl States in advance on or before the first day of each month, except that the first inowl►'s
Rent shall be raid upon the execution hereof, at the address noted in Scction 26, cot to such othe►
party or at such other place as Landlord may hereafter from time to time designate in writing.
Rent and other amounts due under this [..ease for any partial month at the beginning or end of the
[..ease tern► shall he prorated.
4. PERMiTTEi) USES. The 1'remims arc to he; used only li►r purposes of
operating 'Tenant's ongoing general contractor business specializing in site work, clearing and
grubbing, demolition, storm water, water and sewer, sidewalks, curb and gutter, paving and
related businesses ("Permitted Uses") and 1vr no other business or purpose without the prier
written consent of Lamllotd. No act shall lice done in of about the Premises that is unlawful or
that will increase the existing rate of insurance on the Building. In the event of a breach ol'this
covenant. Tenant shall pay to l,atidlord any and all increases in insurance premiums resulting
from such breach. Tenant shall not commit or allow to be committed any waste upon the
Premises, or any public or private. Tenant, at its expense, shall comply with all laws relating to
its use or occupancy of the Premises and shall maintain the safety, care and cleanliness of the
Premises or the Building to ensure the preservation ot'gnud order therein.
5. COMPLIANCE WITH ENVIRONMENTAL LAWS. In its use and
occupancy of the Premises. "I'enaut shall at all times of cy and comply in all material respects
with all lawful requirements, rules, regulations, and ordinances ofall legally constituted
authorities, existing at any time and in any way ai'iecting (he Premises or the use of the Premises
by Tenant. Without limiting the foregoing, Tenant further covenants to keep and maintain the
Premises in cumpliar►ce with all applicable federal, state and local laws or ordinances pertaining
to or regulating the transportation. storage, use or disposal of l lazardous Materials
('Trtvironmental Laws"). If during the l'enn ul'tliis Lease l lazardous Materials shall
contaminate the Premises or the soil or surface or ground water thereof or thereunder or there
shall be any related loss or damage to person(s) nr property, except to the; extent caused hy
LAndlord.ithcri 'rcnant shall: (i) notify Landlord promptly of any release, contamination, claim
of contamination. loss or damage. (ii) after consultation with Landlord, clean up such release or
contamination in compliance with all applicable statutes, regulations and standards, and (iiil

indemnify, defend and hold Landlord harmless front and against any claims, suits, causes (if'
action, loss, damage, costs and Iccs, including attorneys' and other professionals' and cnginecring
fees and costs. arising from or connected in any way with any such release or contamination,
claim of contamination, clean up of such release. {+r contamination or other loss or damage,
including, without limitation, the costs and expenses of environ'tnenlal assc,ssment and testing,
'this provision shall survive termination of [his Lease.
As used herein, the terns "Havardous Matcriaal(s)" shall anean an}' substance or material which
has been determined by any slate, federal or local governmmental authority to he capahle ol'IMisinE:
a risk {tf' inj►try to health, safety or property, including without limitation ashestos, petroIctitn
products, biological and medical wastes, samples or substances. explosive. corrosive or
radioactive materials and all of Iltose materials and suhstances designated as hazardous or tos it.
as defined in fir under any applicahle lederal, state or local law, and the applicable regulmitnts
thereunder, and any other material which any governmental agency or unit having or clrtinling,
appropriate jurisdiction shall determine from time tot time to he harnmful, toxic or dangerous.
li. LATE: (MAR(:RS. Tenant hereby acknowledges that late payment it) I,a ndload
of Rent or other suins due hereunder will cause I..andlord to incur costs not contemplated by this
Lc:a:ze, the exact amount of'whieh will he extremely difficult to ascertain. Ifany Rent or other
sutra Clue front Tenam is not received by Landlord or Landlord's designated agent when due. then
Tenant shall pay to Landlonl a late charge equal to ten percent (101i4) of such {overdue amount.
plus any attorneys' lees and costs incurred by Landlord by reason of'Te►►ant's failure Is► pa►y Rcnt
and other charges %vhen due hereunder. The parties Iterehy agree that such hate charges represent
a fair and reasonable estimate of the cost thal Landlord will incur by reason o►f Tenant's late
payment. Lwidlord's acceptance c►l'such late charges shall not constitute as waiver of Tenant's
default with respect to such overdue alnourml or estop I.. uadlord front exercising; any of the other
rights and remedies granted hereunder.
7. REPAIRS AND MAINTE:NANCE:. Lwidlord shall maintain, or cause it, he
maintained, the roof and the stntc:tural eomponetttx of the building and other structures located
on the premises, excepl any of such repairs rendered necessary by the negligence or willful
misconduct of"Tenant, its agents, customers, employees, independent cornracturs, guests In
invitees, the repair of which Shull he paid for by Tenant within ten (10) clays of Landlord's
written demand. Subject to Landlord's right of access pursuant to Section 15. Tenant shall IV
exclusively responsible for all other maintenance, repair and replacement to the exterior and
interior of the 1'remiscs. and Landlord shall be under no obligation to inspect the Premises.
Tenant shall promptly report in writing to Landlord any dei'ectivo: condition known to it which
Landlord is required to repair, and failure to so report such defects shall make Tenant responsible
to Landlord IM any liability incurred by landlord by reason ofsueh conditions. Tenant hereby
waives the right to make repairs at Landlord's expense under any other law, Statute or ordinance
now or hereafter in effect. In addition to the Rirugoing, 'Tenant shall he: responsible for the
repair, replacement and maintenance ofthe HVAC system. Tenant shall obtain ail annual
maintenance contract for the HVAC system and provide Landlord with at copy of the ~nine.

8, UTILITIES AND SERVICES. 'Tenant shall he solely responsible tier payiti�' the
casts ofall electric, water. natural gas (if applieahle), telephone and other utility service` to the
Premises and maintaining and repairing such utility systems.
'l. PROPERTV TAXES. "Prulierty'I'axes" shaft ),Call any li)rtn ol',I scs;nient,
license, Ice, rant tax. levy, penalty (ifs result nf'Tenant's delinque:ncy), or tax (ether than net
income, estate. succession, inheritance, transfer or tranchise taresl, imposed by any atilhority
having the direct or indirect power to tax, or by any city, county, state or federal government of
any improvement or other district or division thereof, on the Building or any part thcreol; tile.
lanai, the parking area, or any other legal or esluiluble interest of Landlord in the saute. 'I.cruutt
.hall pay to Landlord. within litteen (15) clays of I.-andlord's delivery to 'Tenant a copy of tlie. tax
hills tier all taxes applicable it) the Premises the amount ol'such hills. 'Tenant shall pay helilrC
delinquent, any and all trues, levied or assessed, and which hccotttcs payable on Tcnanl's
inventory, cquipllient, trade fixtures, leasehold improvements and tither persortal property
located in the Premises.
10. LIABILITY INSURANCE. 'Tenant shall. it Tenant's expense, ohlain and keep
in farce during rile term of this Lease, (u) hazard insurance on the Premises and all improvements
and fixtures thereon and thereto insuring tilt santc liar its full rcplacerncnt value', (h) standard lire
and extended coverages insurance on all of its personal property, including removable trade
fixtures. located in the Premises and on its non -building standard leasehold improvement. and :ill
other additions and improvements (including fixtures) made by Tenant : (c) a policy or policies
ol'contpreltensive general liability insurance, including personal in liability, contractual
liability, products and completed operations liability, sash insurance to afford ntinintnnt
protection (which may he effected by pritnary and/or excess coverage) otnot less than
$1,000,000.00 ti)r personal injury or death in any tine occurrence (with $2,0111111.00111.110 in
umbrella coverage) and cot'nol Ices than $1.0011,000,0 I Iktr property darttage in any one
occurrence (with $2.00t).000.00 in umbrella coverage). The limit of any of such insurance shall
not limit the liability of I'crtant hereunder. If" Tenant fails to procure ancf maintain stich
insurance, Landlord may, hit ,hull not he requiretf to, procure and maintain the sane, at 'Present's
expense to be reimbursed by 'Tenant within ten (10) days of written demand. All intiurattc:r
required to he obtained l)y Tenant hurcunder shall he issued by companies acceptable to
Landlord. Thirty (30) days prior to the Lease Commencement Date, 'Tenant shall deliver to
Landlord certilic:ates ctl'fiahility insurance: required herein with loss payable clauses satisfactory
to Landlord. Any deductible render -,itch insurance policy in excess of ( tic Thousand mid
Nol100ths Dollars ($1.000.00) must he approved by Landlord in suiting prior 10 is1-aarlcc01'suc.fi
policy. No policy shall he cancelahle or subject to reduction of coverage except upon thirty ( II)
days' prior written notice to I..andlord. All such ptilieies shall name Landlord and its agents as
named insured, shall he written as primary policies not contributing with and not in excess tit'
coverage which Landlord may carry, and shall he written with an insurance carrier satislactory it,
Landlord. Tenant shall obtain any revised or increased coverage required by Landlord within
thirty (30) slays ol'any such notification from Landlord.
I I . FIRE iNSURANC:E - 1' Ix'ruRES AND EOUINMEN'T. 'tenant shall maintain
in lull Hires and cried on all Tenant's trade fixture~, equipment and personal property tin the
Premises, it policy ofall risk property insurance covering. tile full replacement value ol'suclt

property. Truant shall provide and keep in fierce with companies salisfaclory to Landlord.
business iniemiption and/or loss of renial insurance in an amount equivalent to six (6) months
Reni which shall not contain a deductible greater than One Thousand Dollars ($1,000,00).
Tenant shall furnish Landlord with a certificate of such insurance naming Landlord as all
additional i►isured. No policy shall he cancelable or subject it) reduction ofcoverage except upon
thiriv (30) days' prior written notice to Landlord.
12. DAMAGE•: OR DESTRUCTION. Should the Prcmises he damaged or
destroyed by fire or other casualty, Landlord may either (i) lenninate this Lease or 60 1 upc►n
receipt of insurance proceed%. repair or rebuild the Premises, provided that such insurance
proceeds are sufficient to so repair or rebuild the Premises to suhquintially original conttitism. In
the event that Lwidlord elects to repair or rebuild the Premises,, (tent will he reduced to such
extent as may he lair and reasonable under the circumstances. Upon 1,andford's termination of
the Lease in accordance with this Section 12. (i) Rent will cease and abate Irenn the date ol'such
damage or destruction and (ii) insurance proceeds, it'any, pair/ to 'f-enwv on account of such
darnage or destruction shall be delivered it.) Landlord e.'.xcept'that any insurance proceeds pall/ to
Tenant tier damage or destnictiun ol"f enant's personal property shall remain the property of
Tenant. Except it) the extent nfthc negligent acts or omissions or willtill misconduct of
Landlord or its agents, employees, contractors, invitees, or licensees, Landlord is not resptmsihlc
io'Tcnant for any damage caused to 'Tenani's personal property and trade fixtures located olt the.
Premises.
13. AurERATIONS AND AUDITIONS: REMOVA1, OF Flx'i'tfRES. Except
as otherwise provided in this Lease, 'Tenant ~hall not ntake or allow to he made any aherations,
additions or improvements to or on the Premises without first obtaining the written consent of
Landlord. Any such alterations, additions or improvements shall he made at 'Tenant's tiole.
expense, according it) plans and specifications approved in writing by Landlord. in conipliance
with all applicable laws. by a licensed contractor, and in a good and workmanlike moaner
conforming in quality and design with the Premises uxisling as of the Lease C:ommencernent
Date, shall not diminish the value of the Premises and shall at since become it part of the realty
and shall be surrendered with the Premises. Upon the expiration or sooner termination of the
term hereof, 'Tenant shall, upon written demand by Landlord, at Tenant's :dill.' expense. with Clue
diligence, remove any alicriiions additions, or improvements made by Tenant, designated by
Landlord to he removed, and repair any damage to the Premises caused by such removal. Tenant
shall remove aft of its movable property and trade fixtures which can he removed without
damage to the Premises at the termination of this Lease, either by expiration orthe terns 4ir isiher
cause, and shall pay Landlord any damages for injury to the Premises or the improvements
resulting from such removal. If Tenant shall fail to remove any of its property of any nature
whatsoever from the: Premises or the improvements at the termination of this Lcasc or when
Landlord has the right of reentry. Landlord may, in accordance with the provisions ofapllil:able
statutes goveming commercial landlord [Intl tenant matters, remove and store such property
without liability lot loss thereof or damage thereto, such storage it) he for the account and at the
expense of Tenant. ifTenant !ails to pay the cost of storing any such property within thirty (30)
days, Landlord may sell any or all such property at public or private sale, without notice to
Tenant. and shall apply the proceeds of such sale to the following cost~ in the fiillowing order:
(i) the cost and expense of such sale, including reasonable attorney~ 1ecs. NO the payment ill'thc

crests or charges fair storing any such property, and (Ili) the payment c►fany other sutras WhICh
may then he or thereafter become due Landlord from Tenant under any of the terms hereof. The
balance, if any, shall he paid to Tenant.
14. ACCF17ANCE OF PltENUSES. Tenant has inspected the Premises ;tract
accepts them in their "as is" conditiott.
15. ACCESS. 'Tenant shall peimit Landlord and its agents to enter the Premises :at all
reasonable times to inspect the same; to show the Premises to prospective tenants, or intcrestcd
parties such as prospective lenders and purchasers: to cleatf, repair. alter or iniprovc Ilse:
Premises: to discharge Tenant's obligations when Tenant has failed to do so within a reasonable
time after written notice from Landlord, anti to pest notices of ncnrespunsibilily and similar
notices and "For Sale" signs' and to place "For Lease" signs at any time. 'Tenant shall permit
Landlord and its agents to enter the Premises at any time in the event of an emergency.
16. WAiVE.N OF Sllll;ll OGATI ON. Whether the loss or damage is due ta► the
negligence of Tenant or Tenant's agents or employees. or any other cause. 'tenant hereby releases
l.,andlord and Landlord's agents and employees from responsibility for and waives its entire
claim of'recovcry for (i) any loss or damage to the personal property ofTcnant located on the
Premises arising nut ofany ofthe perils which are covered by'Tenant's Property insurance
policy, with extended coverage endorsernerils, or (ii) loss resulting (rani husiness intern3iiiii►n or
loss of rental income, at the Premises, arising out ot'any of llic perils which may he covered by
the husincss interruption or by the loss of rental income insurance policy lield by 'Tenant. Tenaw
shall cause its insurance carrier(s) to consent to such waiver ofall rights of ynbncgalum agaiiist
Landlord.
17. INDEMNIFICATION. 'tenant shall indemnity and hold harmless Landlord, its
agents. employees, officers, directors, panners and shareholders lroni and ogainsl wiv and all
liabilities, judgments, demands. causes of action, claims, losses, dwntages, costs and expCilses,
including reasonable attorneys' fees and costs, arising out of the use, occupancy. ctmduci.
operation, or management of'the Premises by, or the willful misconduct or negligence (it. Tenant.
its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in or
atioui the Premises or arising from any breach or defiault under this Lease by 'Tenant, or arising
frnrn any ic:citleiti, injury, tar damage, liciwsi.acvc-r and by wiitimsi►-vcr catise(l, to titiv pet-sc)n A)r
property. occurring in or.about the Premises. This indenmilication shall survive termination of
ihis Lea_sc. 'l'liis provision shall not he construed to make Tenant responsible fair loss. damage,
liability or expense resulting front injuries to third parties caused by the sole negligcnc:c of
Landlord. or its officers, contractors, licensees, agents, employees, or invitees.
18. ASSIGNMENT AND SUHLE rrING. 'tenant will not assign. Iranslcr. sublcl
sir encumber this Lease without obtaining the prior written consent of Landlord.
19, ADVERTISING. 'I'enani shall not display any sign, graphics. notice, pieturt, or
poster, or any advertising matter whatsoever. anywhere in or about the Premises at places visihlc
from anywhere outside or at the entrance to the Premises without first ubtaining Landlord's
written consent thereto, such consent to he al Landlord's sole discretion. Tenant shall he

res)x,nsible to maintain any permitted signs and remove the same at L.cast termination. It"I'cnaw
shall fail to do so, Landlord may do so al Tenant's cost. 'Tenant shall he responsible to l.attcllord
Air any damage caused by the installation, use, mainlenanee or removal 'Ifany such signs.
20. LIENS. Tenant shall keep the Premises fret: from any liens arising tort of any
work performed, rnaic;rials ordered or obligations incurred by or on heliall'ol"fenant. and Tenant
hereby agrees to indemnify and hold Landlord. its agents. employees. independent contractors',
officers, directors, partners, anti shareholders harmless from any liability, cast or expense Ibr
such lints. Tenant shall cause any such lien imposed to Inc released cif record by payment or
posting of the proper bond acceptable to Landlord within ten ( It)) days afer the earlier of
imposition of the lien or written request by Landlord. 'Tenant shall give Landlord written n+ptice
ofTenanl's inir-nlion to perform work (rrt the Premises which might result in any c,laint oflicit. ai
least ten (10) clays prior to the commencement of such work to enable l .andlord to lu)si and
record a Notice of Nonresponsibility or outer notice deemed proper before commeTicernem of
any such work. If Tenant fails to rcmove any lien within the prescribed ten (10) day period. Own
Landlord may do so at Tenant's expense aiitl Tenant's rcirrrbume rnettl to Landlord for such
amount. including aliorrteys fees and costs, shall he deemed additinnal liens.
21. I)EI?AIJ1,'1'.
21.1 Tenant's Default. A default tinder this Lease by Tenant shall exist il'any ot'lhc
following occurs:
21.L l If'I'cnunt fails to pay Rent or nny other sum required io he paid hereunder wheii
due; m
21.1.2 f I' Tenant I'aiis to perform any term, covenant or condition of this- L.casr except
those requiring, Ike" payment of money, and 'Te►ranl fails to cure such breach within tlfleen ( 15)
days after written notice Barn Landlord where such hreach could reasomibly he cured within
such fificen (15) day period; provided, however, that were such failure could not reasonably be
cured within the fifteen (15) day periexl, that Tenant shall not fie in do tHult if it con►mences snch
performance within the filieen (15) day period and diligently lhereatier prosecute~ the saint: to
completion; and
21.1.3 If 'Tenant assigns its asx:ls for the benclit of its creditors; or
21.1.4 If Tenant shall have abandoned or vacated the Premises, or
21,1.5 The chronic delinquency by Tenant in the payment ol'rnunthly Rent, ors:ny other
periodic payinents ruluired to he paid by 'Tenant under this Lease, shall cons itull: a dei:rull.
"Chronic delinquency" shall mean failure by Tenant to pay Rem, car any uthei periodic payment:,
required to be paid by "email under this Lease within three (3) days aficr written notice Ihercof
for anv three (3) months (consecutive or nonconsecutive:) during any twelve (I 2) month period.
In the event of a chronic delinquency, at Landlord's option. Landlord shall have the additional
right to require that Rent he paid by Tenanl quarter -annually, in advance.

21.2 Remedies, Upon it dcibult. Landlord shall have the following remedies, in addition
to all! other rights and remedies provided by law or otherwise provided in this Lease, to which
landlord may resort cumulatively or in the alternative:
21.2,1 Landlord may continue this Lease in full force and of firct, and this Lease shat[I
continue in full Ibrcc and effect as long; as Landlord does not tcrtrtinate This Lease, and Landlord
shall have the right to collect Rent and other charges when due.
,? 1.2,2 Landlord may terminate Tenant's right to possession of thr I'remises at any tirnr
by giving written notice to that effect, and relei the Premises or any hart Ihereol: (art the giving
of the notice, all of Tenant's rights in the Premises shall terminate. Upon such tcrminatiuu.
Tenant shall surrender and vacate the Premises in the condition required by Section 23.:ntd
Landlord may re-enter and take possession of the Premises and all the remaining improvcmcnis
or property and eject 'Tenant or other person or persuns claiming arty right under (ir through
Tenant or elect some: and not ethers cir eject none. This Lease may also he tenminaied by a
judgment specifically providing for termination. Any termination under this section shall not
release Tenant from the payment of any sum then doe Landlord or from any claim for danlagcs
or Kent or other sum previously accrued or then accruing against Tenaill. Upon such tcrininatitill
Tenant shall he liable immediately to Landlord litr all costs Landlord incurs in reletting the
Premises or wiv part Ihcreaf, including, without litttilation, broker's corninissimis, exIviises (it'
cleaning and redecorating the Premises required by the reletting and like costs. Kelciting tray he
for a period shorter or longer than the remaining tent of this Lease. No act by Landlord ollici
than giving written notice to tenant shall terminate this lease. Acts of maintenance. efforts to
relct the Pietttises oi' the appointment ofa receiver ail Landlord's initiative to protect Landlord's
interest under this (..ease shall not constitute a ienninatiun of'Tenant's right to lx)ssessiem. can
termination, Landlord has the right to remnvc all "Tenant's personal property wind shire samtr at
Tenant's cost and to recover froinTenant as damages:
(a) The wor'llt at the time of award ofunpaid [tent and other sums due and payable
which had been earned at the time of termination. plus
(b) The worth at the time of'awird of the aniotini by which the: unpaid kent and other
sums due and payable which would have: been payable alter termination until the tinic of awards
exceeds the amount ofskich rent loss that Tenant proves could have been rcasonably avoided.
plus
(c) The worth at the time ol'award cif the amount by which the unpaid [tent or 111her
sums due and puyrihle for the balance of the terns alter the time of award excCeds tltc anutttnt 01'
such rent loss that tenant proves could he reasonably avoided; plus
(d? Any miter amount necessary which is to compensate Landlord for all the
detriment proximately caused by'renattt's failure to perform Tenant's obligations under this
Lease, or which, in the ordinary course ofthings, would Fx; likely to result therefrom, including,
without liiiiiiation, any costs or expenses incurred by Landlord. (i) in retaking porssestiion ol'llic
Premises: (_ii) ill maintaining, repairing, preserving, restoring, replacing, cleaning, altering or
rehabilitating the Premises or a portion thereof. including such acts for rcictting to a new icna til

or tenants; (iii) tier leasing commissions; or (tv) for any other casts necessary or appropriate to
relet the Preini.ses, plus
{e} At Landlord's election, such other amounts in addilion tit or in lieu of the
foregoing as may he pertnittud frorn time to little by the laevs of Ilse State of North Carolina.
The "worth at the time of award" of the atnounls referred to in tieeiions 2i, 2.?(a) ;out t fit
is computed by allowing interest to accrue at the maxinwin interest rate allowed by lacy on the
itnpaid rent and other sums due and payable from till: terrination date throt10t the date ofaward.
'I'unattl waives redemption or relief Isom (orteiture under any other present or future law. in the
event 'Tenant is evicted or Landlord takes possession cif the Premises by retrson of any deluuli of
Tenant hereunder.
21.2.3 Landlord may, with or without tenninating this Leasc, re-enter the I'rcinises and
remove all persons and property front the Preutiscs, such property may he removed and Su►red in
it public warehouse or elsewhere. at the. cost of and for lite account of •Ienam. No rep -entry iir
taking possession ol'the 1'rcrtlises by Landlord purstinnl to Ellis secliml shall he constrtied as ;lit
election to terminate this Lease unless a written notice ol'such intention is given to 'Tenant.
22, SUBORDINATION. This [.ease is and shall be sulx►rdinatc to the lien ofalty
itturigage, deed cif trtist, ground lease or undalyinb lease now or he:realle:r in force against tite
Premises, and to all advznecs tootle or hereafter to he made upon the security 1hereof. This
provision of -tic Lease shall he sell=operative, provided, however, that upon request ol'Landlord.
Tenant will execute is subordination agreesnient or other documenls evidencinu Stich
suhordinalion, all in recordable forth. Tenant shall exectite and rcium to Landlord ,illy Such
stihord i nationdocuments within ten (10) clays of Landlord's written request. It"Venaul does not
provide Landlord with such subordination documents within ten 110) days ol'l..andlorcl's written
request, then Tenant hereby authorizes Landlord to execute such subordination documents aciinj;
as duly authorised agertl l6r'lenant. and Landlord may declare Tcnunt in del;tult of this Lease.
In the event any proceedings are brought liir foreclosure, or in the event elf the txe l,cise elf the
power cif stele under any mortgage or deal ol" Inisl made by the Landlord covering the Premises.
'tenant shall attom to the purchaser at any such lbreclusurc;, or to the grantee uf' a devil in hell of
foreclosure. and recognize such purchaser or grantee as the Landlord under this Lease. The
provisions of this article: to the contrary irolwitlrstattding, and so lone; :►s Tenant is not tit default
hereunder, this Lease shall remain in (till Force and ettec:t for (lie 11611 term IICI'C►iiitle:l'.
2.1, 'SURRENDER OF POSSESSION. Upon cKpiration of the: terin oflitis Lease.
Tenant snail promptly and peacefully surrender the 11rcinitws to I..:utdlord in as good ceutditiott as
when received by "Tenant from landlord or its ilicre;alicr ir:tpravc:d. ret►sunablc use anci wear :toil
tear excepted, all to the reasonable salislitction of Landlord. If the: Prciniscs are not surrctidercd
Ili accordance with llte terms of this Lease, Tenant shall indemnify Landlord and its agents.
employees, independent contractors, officers, direct{its, partners, and shurcholders against €iny
11:KS or liability including reasonable attorneys' fees and costs, and including liability to
succeeding tenants. resulting from delay by'Tenant in so surrendering the Premises. This
indemnificalion shall survive termination ofthis Lease.

24. 111OL DOVFR. 11"Fenanl shall. wilhottl the written consent of Landlord. held
over alter the expiration ed the term oT tlik I..uasc such tenancy shall he deemed a
month-to-rrtr*nth tenancy, which tenancy may be terminnlc as provided by applicable: state law.
During such tenancy. Tenant agrees to pay In Landlord, each month. tht: greater of the lair
market rental value lilr Iltc Premises or one hundred liiiy percent (i 50%4j) of-lhe. Rent pav,thle by
Tenant tior the last month ol*lltc temi of this Lease:.
25. CONDEMNATION. ll' twenty (20) percent tor more of Ihc Premises or of such
portions ofthe lntprovcinCnts as may he recltdred litir lltc reasonable ore ol'the Premises, are.
taken by eminent domain or sale under threat of condemnation by eminent domain, this Lease
shall automatically terminate as of the date title vests in the condenwing authority. and all Rew
and other payments shall he paid it) that dale, Landlord reserves all rights to damages to the
Premises lilt any partial or entire taking by crnhient domain, and Tuna)i1 hereby assigns to,
landlord any right Tenant may have to such damages or award, and 'Tenant shall make nn clain,
against Lindlord or Iltc condemning authority for damages for Icrim"ation ol'the Ieaseliuld
interest or interference with Tenant's business. 'Tenant shall have the right to claim and recover
bolo the cmide:mning authority compensation 1'or any loss which Tenant may incur ('or Tenaw's
moving expense~, husincss interruption or taking of"Icrtant's personal properly (nol inclildirIg
Tenant's leasehold interest),
20. NO TICTS. All notices and demands which may be required or permitted to he
given to cithel par(y llereUrtdCt %hall he in writiItg. and shall he sent by United States lttail.
postage prepaid to the addresses set out below, and In Stich ollter }person or place as each part
may from time to bloc designate m a notice to the other. Notice.' shall Ix; deemed glvell llpoll Illy.
earlier of"actual receipt or gevcnty-two (72) hours alter deposit in Ihc United ~late-, mail. po:clagc
prepaid,
11, to Tenant:
Wilh a copy 1w
I f to Landlord:
B&' K C:otlslal, LLC
P.(:). Box 2101
Wihnington, NC: 29l1l12
Ann: J. Keith Stark
The MacDonald Law Firni. I'LLt
1508 Military Cutoff hood Stlite 102
Wilmington NC 28403
Ann: James A. MacU+matd
Waste Itidustrics, I.LC
3301 Henson Drive, Suite 601
Raleigh. NC 27607
Alta: Michael T. Ingle:
Fax No.: (919) 125-301 1
Phone No. [phone]
H

with a copy to Lisa Inman. General Counsel. at the ~none address.
27. NIORTGAC EP. PROTEC-HON. Tenant agrees to give any niortgagee(s) and/or
trust deed holder(s), by registered mail, a airy of any notice ol'default served upon Landlord.
provided that prior to such notice Tenant has been notified in writing (by way uf' [lutice of
assignnlent of rents anti leases. or otherwise) of the addresses ol'such mongagcc(s) and/or tnatit
deed holder(s). "Tenant leather agrees that it* Landlord shall have /'ailed to cure such delauli
within the tsrne provided for in Ihis Lease, then the nlortgagee(s) and/or trust deed holder(,) shall
have an additional thirty (30) days within which to cure such defc:uh or il'such default cannot lie,
cuiud within that time. learn such additional time as may be necessary if within such thirty Gilt
clays any inongagee andlor trust deed holder(,,) has commenced and is diligently ptrrsiaing the
remedies necessary It cure Stich dcfitult (including but not Iimite:d to ci)ill nlenccmenI of
foreclosure proceedings. ifnecessary to effect such cure). in which event Ihis Lease shall not be
terminated while such remedies arc being so diligently pursued.
29. COSTS AND ATMRNI?YS' FI'ES. It'i'enant or Landlord shall hring any
action against the ether, arising out of this Lease, including any suit by Landlord lior the recover%,
art ken/ or other payments hereunder, or possession of the Premises, tltc losing party shall pay the
prevailing party a reasonabfc Sean for attorneys' fee,. and costs in such suit. at trial and ear apiwal.
anti such attorneys' fees and cost~ shall he deelned to have accrued on the cominencen7Cnt of
such action.
29. LANDLORD'S LIABILITY. Anything in this Lease it) the contrary
teut►aitirstanding, covenants. undertakings and .agreements herein ittade eta the part ul' I,ttndlcrrd
are anade and intended not for the: purpose of binding Landlord personally err the: assets ill'
Landlord but are made and intended to hint/ only the Landlord's interest in the 11renliscs, as Ilse
,,tunic May, from time If, time, be encumbered and sit) personal liability shall at any title he
asserted or enforceable against Landlord or its Stockholders-, officers or partners or their
respective heirs. legal representatives, successors and assigns on account ol'the Lease of on
account of any covenant, undertraking or agreement of Landlord in this Lease.
30. ESTOPPEL CERTIFiC.ATIES. At any tiene:and from tune to untie, Tenaw sfrall
execute. acknowledge and deliver to the requesting party without charge, a certificate evidencing
(a) whether or not Ihis Lease is in full fierce and effect, (b) whether or not this Lease has been
amended in any way, (c) whether or not there are any existing defaults by either party hereto to
the knowledge anti hetliefofthe certifying party and specifying the nature ofthe del;lra)ts it anv.
and (d) the date to which [tent has been paid. Each certificate delivered pursuant to this SecIRII7
30 may be relied on by any prospective purchaser or transferee of Landlord's interest IlewUndcr
or by any holder or pnispective holder of a first mortgage of Landlord.
31. TRANSFER OF LANDLORD'S INTEREST. In the event ofany transfcr(sl fit'
Landlord's interest in the Premises, other than a transfer for security purposes only, the transtcror
shall he autonlatictally relieved of any and all obligations and liabilities on the part of Landlord
accruing from and colter the date ol'such transfer, and Tenant agrees it) attorn tco the triarhlfCrCC.

32. RICIIT'1'O PERFORM. IfTenani shall fail to pay anv stint ofmoney. other
than Kent, required to he paid by it hereunder or ~hull fail to perform any ollier act (in its hart u
he performed hereunder, and such failure shall continue fair ten (10) days, Landlord may. bur
shall not he obligated so} to do, and without waiving or releasing 'tenant from any ohligations of
Tenant, make any such payment ter perform any such other act on Tenant's part to he matte or
perfornied as provided in this Lease, I .;indlord ;hail have (in addition to any other right or
remedy of I.widlord) the wino rights and reinWics in the event of the nonpayment of sums due
under this section as in the case ot'deiault by Tenani in the payment of Rent. All stints paid h%
Landlord tarot all penalties, interest and costs in connection therewith. shall he due and paynhle
by Tenant in the next day after such payment by landlord, together with interest thereon at the
maximum rate of interest permitted by law from such date tail the date ol' payment.
33. NO ACCORD OR SATISFACTION. No payment by Tenant or receipt by
Landlord of'a lesser amount than the Rent and other sums due hereunder shall he deemed to ht
tither than on account of (lie earliest rent or other sums due. nor shall any endorsement or
statement on any check or accompanying any check or payment he deemed an accord and
satisfaction; and Landlord may accept such check or payment without prt�ltadice to landlord's
right to recover the hal:ince of such Rent or other sum and to pursue any ether remedy provided
in this Lease.
34. GENERAL PROVISIONS.
34.1 AcceREance. This Lease shall only become effective and binding upon Ball
execution hereof by Landlord and subsequent delivery oaf at signed copy to tenant.
34.2 Marginal_l-leadint:s, Etc. The marginal headings, 'I':ahle ofContents, lease sunimary
sheet and titles to the articles ol'this Lease tore not a pan of the Lease attd shall have no effect
upon the construction or interpretation ofany part hereof.
34.3 Choices l' Law. This Lease shall be governed by Wld c011atru4e1 lit uccurduatcr Wiih
the laws t,f the state of North Carolina.
34.4 Successors and Assigns. The covenants and conditions herein contained, suhject to
the provisions as for assigiunent, inure to and bind the heirs, successors, executor`. admitiistrtator`
and assigns of the parties hereto.
34.5 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short -form
mcinor-andunt hereof may be recorded at the rellui:sl of either party.
34.6 Qgje_1 hussessietn. Ujxin Tenant's praying the Rent reserved hereunder and observing
and performing all of the covenants. conditions and provisions on -tenant's port to be obso rued
and perlonne:d hereunder, Tenant shall have quiet possession of the Premises tier the term fierce l'.
subject era all the provisions of this Lease.
34.7 Inability it) P ;rlo m. This Lease and the obligations of Tenant hereunder shall not
be affected or impaired because Landlord is unable to Fulfill any of its obligatitnts hereunder or is
12

delayed in doing so, i f such inahlI Ity or delay is caused by mC ison of strike. I;tN)r troubles. acts of
God. or any other cause heyond the reasonable control of Landlord.
34.8 Partial invalidity. Any provision ol'this Lease which shall prove to be invalid, void.
or illegal shall in no way affect, impair or invalidate any ether provision hereol'und such other
provision(s) shall remain in litll farce and effeet.
34,9 C:uniulative Remedies. No remedy or election hereunder ~hall he deemed exclusive
but shall, whenever possible. be cumulative with all other remedies at I -ow or in equity.
34.10 }entire Agreement. This Lease contains the entire agreement ol'tlie parties herrti1
and no representations, indnccmentr, promises or agreemenis, oral or otherwise, between the
parties. not embodied herein, shall he ofany fibrce or thee[.
34.11 No Joint Ygatu_rcRartnership. The parties expressly acknowledge that the
relationship between the panics is that oflandlord and tenant and thal no partnership, joinl
venture or other relationship exists between the parties.
TIM I (:ti,l.l)WIN<;i PA(:ili IS Tl IE SIGNATURE' I'A(.il"
1z

IN WITNESS WI IFRI-',0 . Landlord anti 'tenant have executed this Lease on the &W iutd
year first ab► vc written.
I.ANUI.t..1 D:
Wasic Induslric,. I.I.C.
a North Caralitia limited Iiitiility comp.uty
Ily:
Name' .hLG.ba,4� T� ^3./_`Gi►^+ .�
(/�'4c P.4f�dr.t7
TENANT:
Cape; Fcar Paying. L.I.(
A North Carolina limited liability compunN
BY: —
Nsm►e:
Title:
14

IN WITNESS WHEREOF, Landlord and 'tenant have executed this Lease on the day and
year first above written.
LANDLORD:
Wuste Industries. LLC,
a North Carolina limited liability company
BY:.....
Name:
TENANT:
Capc Hcar Paving, LLC
A North Carolina limited liability company
14

Exnlll!;rr n
PREMISES
Being all of' Tmct I as shown (m a survey ui Mid River Heavy Industrial I'ark liar 5unfsun
Development. LLC and Sound Development General Partners recorded in Map Book 31). Page
33 ni the New Hanover County Registry. reference to said map tieing hereby made for a
complete description of'said property.
1.5

M�".�onom
4
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E, Skvarla, III
Governor Secretary
Mr. Keith Stark
Cape fear Paving, LLC
310 Sampson Street
Wilmington, NC 26401
July 24, 2014
Subject: Return of Permit Transfer Request
Cape Fear Paving/Waste Industries
Ref. Permit NCGO80780
New Hanover County
Return #1302
Your request to transfer coverage under an NPDES General Permit received on or around !November 20,
2013, Is being returned unprocessed due to:
❑ Check for $100.00 made payable to NCDENR is missing.
❑ Application Is Incomplete.
❑ Application package is missing the supporting documents.
❑ng copy of county map or USGS quad sheet with facility clearly marked.
Other
Please contact me to discuss any questions on this action or on permit rescission requirements, either at
[phone] or at ken.plckle@)ncdenr.gov.
Enclosures,
Lease Agreement between Cape Fear Paving and Waste Industries (applicant only)
Email confirmation of this action
Sg
SPP: NCGO80780 file
DEMLR Wilmington Regional Office
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Duality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portgl.ncdenr.org/webnr/
An Equal Opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Pickle,_Ken
From: Pickle, Ken
Sent: Thursday, July 24, 2014 2:25 PM
To: '[e-mail]';'[e-mail]'
Cc: Alexander, Laura; Bennett,% Bradley; Sams, -Dan
Subject: FW: Stormwater permit name change request: RETURNED
Good afternoon, Mr. Stark,
Thank you for your time this afternoon.
We are returning unprocessed your request to transfer, coverage under our stormwater permit Certificate of Coverage
NCG080780. As per your description of the commercial activities at 310 Sampson Street in Wilmington, and as I
suspected, your facility is not a regulated industrial activity under the NPDES Stormwater Permitting Program rules.
Typically a contractor's home office and yard are not regulated activities under the federal NPDES rules.
I have copied Mr. John Pfleger of Waste Industries to alert him to our action on your joint request to transfer coverage.
Since we are denying the request to transfer coverage, Waste7ndustries remains'the permittee of record. We will of
course entertain a separate request from Waste Industries t6 rescind their permit for this site, since there is no longer
any industrial activity that would be regulated for stormwgter discharges under NPDES rules. Unfortunately, our
internal procedures will not allow me to move ahead on the obvious path without Waste Industries specific separate
request'to rescind the permit. Our permit rescission request form may be down loaded from thi5'website location:
http:/Zoortal.ncdenr.org/webllr/nodes-stormwater
Gentlemen, please contact me if you have any questions or if I can help speed along a request to rescind the permit for
Waste Industries.
Ken
Ken Pickle
Environmental Engineer
NCDENR i DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken, pickleCZn ncdgnr.coY
Website:
** Email correspondence to and from this address'is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by' statute. or other regulations.**
from: Pickle, Ken
Sent: Wednesday, July 16, 2014 10:14 AM
To: '[e-mail]'
Cc: Alexander, Laura; Bennett, Bradley; Georgoulias, Bethany
Subject: Stormwater permit name change request
Good morning Mr. Stark,
.1

RE .Stormwater permit Certificate :ofCo�eragq,NCpg7 O780; your request to transfer coverage
I have called for you this morning, and left a message with your office.
I'm not sure you need coverage under our stormwater,General Permit for.,the operation of a general contractor's office
and yard. And 1 think we should speak voice=to-voice to clarify this for me;.
We are in receipt of your request to transfer coverage under our stormwater permit from Waste Industries LLC to Cape
Fear Paving LLC, signed by you and John Pfleger on November 20, 2013. Assuming that you sent It to us sometime
around the signature date, I'm not sure why we have delayed responding until now. My apologies for the delay.
The applicationhasbeen processed by our staff and has come to me for signature. I note that it appears that your
busyness activity is different in`chaeacter from the Waste Industries operation that preceded you on the site, Our
permits are based onmatching certain categories of industrial activity with certain General Permits in order to control
the potential for'stormwaterlpFollution associated with,the particular industrial activity at those sites. (NCG080000
matches up with the prior Waste Industries actMty at your site.)
generalr i� 6 r' iand viird r uWally caoi6redbye r I la i . It's
I YIr 'T''/ l;'1}l 41+'.' lT4 Il" -Att 411t 1'11;:,1 e'], 1,.'1, "%".'v;i 'T.iG r_-1r " (:- 4:
not clear to; me that you need coverage.under our permit. Considering activities that might be related to your
operations, coverage undera stormwater,permit would be required if:
• You were operating an asphalt plant at the site. If you are, coverage under NCG16-Asphalt is appropriate, not a
l �
transfer of'NCG08,
• You were operating either a fixed or portable ready -mix concrete plant at the site. if you are,.coverage under
NCG14-Ready-Mix Concrete is appropriate, not NCG08.
• The,site:was,home base for a fleet of vehicles, AEld you were regularly performing vehicle maintenance at the
site. If you are, NCG08 is the appropriate General Permit for stormwater discharges, and we could make the
transfer from Waste Industries to Cape Fear Paving. Some types of vehicles would qualify you for this permit,
and some other types would not. "Vehicle maintenance" Is defined in federal rule to include washing vehicles
and fueling vehicles, as well as what you might normally think of as vehicle maintenance.
• You were engaged in an activity similar to the Waste Industries activity that preceded you. Again, in that case
NCG08 would be appropriate. In one way this bullet is a slightly different res-statement of the bullet
immediately above.
You were engaged in some sort of manufacturing at the site. In that case we -have 20 General Permits specific
for the industrial manufacturing sector that you are engaged in.
Initially the "Paving" in your company name caught my eye. Then the description of the permitted activities in your
lease with Waste Industries served as corroborating information, it seemed to me.
I will,hold th.is,request for permit coverage _for..a few more days, but,then I intend to return it without granting the
permit transfer. Please contact me -to discuss. I'll be out,of the office this Thursday (tomorrow) through next Monday.
Unless I hear from you, I will return the application on next
Wednesday.
FYI, if we deny your transfer request then Waste Industries remains our permittee, and it could be construed that they
are still obligated to comply with the permit until they request, and we grant,.rescisslon of.the Certificate of Coverage
under our permit. I realize that this aspect may not directly concern you.
Ken

Xen Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken_ p1c-k[[e-mail]
Website: httg Y/_oortol;ncdenr,oro/web/lr/storm�_w__ater
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**

LEASE AGREEMENT
TIlIS LEASE AGREEMENT ("L.easc") is made and entered into thisdayof
2012 by and between WASTE INDUSTRiES, LLC, a North Carolina limited
liability company ("Landlord"), and CAPE FEAR PAVING, LLC, A North Carolina limited
liability company ("Tenant").
RECITALS:
Landlord, for and in consideration of the rents and all other charges and payments
hereunder and of the covenants, agreements, terms, provisions and conditions to be kept and
performed licreunder by Tenant, demises and leases to "Tenant, and Tenant hereby hires and takes
from Landlord, the premises described below ("Premises"), subject to all matters hereinafter set
forth and upon and subject to the covenants, agreements, terms, provisions and conditions of this
Lease for the term hereinafter stated.
NOW THEREFORE Landlord and Tenant agree to the following, unless otherwise
specifically modified by provisions of this Lease:
TERMS.
1.1 Premises. The Prcmiscs demised by this Lease is that land lying and being in
New Hanover County, North Carolina, and being more particularly described on Exhibit A
attached hereto and made a part hereof, such land being located at 310 Sampson Street,
Wilmington, North Carolina.
1.2 Lease Term. The term of this I,xase shall be for a period of five (S) years
commencing August 1, 2012 unless otherwise terminated or extended as provided for herein
(""Perm"). Upon mutual written agreement of the parties, the term of this Lease may be
extended.
1.3 Rent. The basic rent for the first Lease year is $120,000.00 payable in equal
monthly installments of one twelfth (1/12) of such annual amount each month. In addition to the
basic rent. Tenant shall pay Property'raxes, Insurance, and any other charges required to be paid
by Tenant hereunder (all sometimes collectively being referred to as "Rent").
1.4 "Tenant's Limited Right to Terminate Lease. Simultaneously with executing this
Lease, the Tenant has entered into an Operation Agreement with Landlord's affiliate to permit
Tenant to operate certain business operations on the real property located at 3612 Highway 421,
Wilmington North Carolina, pursuant to the terms therein. The Operation Agreement contains a
provision entitling Landlord's affiliate to terminate the Operation Agreement for convenience
upon a ninety (90) day written notice to Tenant. in the event that Landlord's affiliate exercises
this right to terminate the Operation Agreement for convenience, then Tenant, under this Lease,
shall have the right to terminate this Lease upon a ninety (90) day written notice to the Landlord.
REAL-6816-53- 376680-v3

2. DELIVERY OF POSSESSION. If Landlord is unable to deliver possession of
the Premises to -Tenant on the Lease Commencement Date this Lease shall not be void or
voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, nor
shall the expiration date of the term be extended, but in such event Tenant shall not be liable for
any Rent or other charges due under this Lease until such time as Landlord tenders delivery of
possession of the Premises to Tenant. Should Landlord tender possession of the Premises to
Tenant prior to the date specified as the Lease Commencement Date, and Tenant elects to accept
such prior tender, such prior occupancy shall be subject to all terms, covenants and conditions of
this Lease, including the payment of Rent. Landlord and Tenant acknowledge and agree that
Tenant shall accept possession of the Premises as of the Leasc commencement Date and that
payment of Rent shall commence on such date notwithstanding that "Tenant shall not have
completed the upfit of the Premises.
3. PAYMENT OF RENT. Tenant shall pay Landlord the Rent and any other
payments due under this Lease without prior notice, deduction or offset, in lawful money of the
United States in advance on or before the First day of cacti month, except that the first month's
Rent shall be paid upon the execution hereof, at the address noted in Section 26, or to such other
party or at such other place as Landlord may hereafter from time to time designate in writing.
Rent and other amounts due under this Lease for any partial month at the beginning or end of the
Lease term shall be prorated.
4. PERMITTED USF,S. The Premises are to be used only for purposes of
operating "Tenant's ongoing general contractor business specializing in site work, clearing and
grubbing, demolition, storm water, water and sewer, sidewalks, curb and gutter, paving and
related businesses ("Permitted Uses") and for no other business or purpose without the prior
written consent of Landlord. No act shall be done in or about the Premises that is unlawful or
that will increase the existing rate of insurance on the Building. In the event of a breach of this
covenant, Tenant shall pay to Landlord any and all increases in insurance premiums resulting
from such breach. Tenant shall not commit or allow to be committed any waste upon the
Premises, or any public or private. Tenant, at its expense, shall comply with all laws relating to
its use or occupancy of the Premises and shall maintain the safety, care and cleanliness of the
Premises or the Building to ensure the preservation of good order therein.
5. COMPLIANCE WITH ENVIRONMENTAL LAWS. In its use and
occupancy of the Premises, Tenant shall at all times obey and comply in all material respects
with all lawful requirements, rules, regulations, and ordinances of all legally constituted
authorities, existing at any time and in any way affecting the Premises or the use of the Premises
by "Tenant. Without limiting the foregoing, Tenant further covenants to keep and maintain the
Premises in compliance with all applicable federal, state and local laws or ordinances pertaining
to or regulating the transportation, storage, use or disposal of Hazardous Materials
("Environmental Laws"). If during the Term of this Lease Hazardous Materials shall
contaminate the Premises or the soil or surface or ground water thereof or'thereunder or there
shall be any related loss or damage to person(s) or property, except to the extent caused by
Landlord, then Tenant shall: (i) notify Landlord promptly of any release, contamination, claim
of contamination, loss or damage, (ii) after consultation with Landlord, clean up such release or
contamination in compliance with all applicable statutes, regulations and standards, and (iii)

indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of
action, loss, damage, costs and fees, including attorneys' and other professionals' and engineering
fees and costs, arising from or connected in any way with any such release or contamination,
claim of contamination, clean up of such release or contamination or other loss or damage,
including, without limitation, the costs and expenses of environmental assessment and testing.
This provision shall survive termination of this Lease.
As used herein, the term "Hazardous Material(s)" shall mean any substance or material which
has been determined by any state, federal or local governmental authority to be capable of posing
a risk of injury to health, safety or property, including without limitation asbestos, petroleum
products, biological and medical wastes, samples or substances, explosive, corrosive or
radioactive materials and all of those materials and substances designated as hazardous or toxic
as defined in or under any applicable federal, state or local law, and the applicable regulations
thereunder, and any other material which any governmental agency or unit having or claiming
appropriate jurisdiction shall determine from time to time to he harmful, toxic or dangerous.
6. LATE.. CHARGES. Tenant hereby acknowledges that late payment to Landlord
of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this
Lease, the exact amount of which will be extremely difficult.to ascertain. If any Rent or other
sum due from Tenant is not received by Landlord or Landlord's designated agent when due, then
Tenant shall pay to LaIWIOW a late charge equal to ten percent (10%) of such overdue amount,
plus any attorneys' fees and costs incurred by Landlord by reason of'Tenant's failure to pay 1tent
and other charges when due hereunder. The parties hereby agree that such late charges represent
a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late
payment. Landlord's acceptance of such late chargcs shall not constitute a waiver ofTcnani's
default with respect to such overdue amount or estop Landlord from exercising any of the other
rights and remedies granted hereunder.
7. REPAIRS AND MAINTENANCE.. Landlord shall maintain, or cause to be
maintained, the roof and the structural components of the building and other structures located
on the Premises, except any of such repairs rendered necessary by the negligence or willful
misconduct of Tenant, its agents, customers, employees, independent contractors, guests or
invitees, the repair of which shall be paid for by Tenant within ten (10) days of Landlord's
written demand. Subject to Landlord's right of access pursuant to Section 15, 'Tenant shall be
exclusively responsible for all other maintenance, repair and replacement to the exterior and
interior of the Premises, and Landlord shall be under no obligation to inspect the Premises.
Tenant shall promptly report in writing to Landlord any defective condition known to it which
Landlord is required to repair, and failure to so report such defects shall make Tenant responsible
to Landlord for any liability incurred by Landlord by reason of such conditions. Tenant hereby
waives the right to make repairs at Landlord's expense under any other law, statute or ordinance
now or hereafter in effect. In addition to the foregoing, Tenant shall be responsible for the
repair, replacement and maintenance ofthe hIVAC system. Tenant shall obtain an annual
maintenance contract for the FIVAC system and provide Landlord with a copy of the same.

8. UTIILITIES AND SERVICES. Tenant shall be solely responsible for paying the
costs of all electric, water, natural gas (if applicable), telephone and other utility services to the
Premises and maintaining and repairing such utility systems.
9. PROPERTY TAXES. "Property Taxes" shall mean any form of assessment,
license, fee, rent tax, levy, penalty (if a result of Tenant's delinquency), or tax (other than net
income, estate. succession, inheritance, transfer or franchise taxes), imposed by any authority
having the direct or indirect power to tax, or by any city, county, state or federal government or
any improvement or other district or division thereof, on the Building or any part thereof, the
land, the parking area, or any other legal or equitable interest of Landlord in the same. Tenant
shall pay to Landlord, within fifteen (15) days of Landlord's delivery to Tenant a copy ofthe tax
bills for all taxes applicable to the Premises the amount of such bills. Tenant shall pay before
delinquent, any and all taxes, levied or assessed, and which becomes payable on Tenant's
inventory, equipment, trade fixtures, leasehold improvements and other personal property
located in the Premises.
10. LIABILITY INSURANCE. 'tenant shall, at Tenant's expense, obtain and keep
in force during the term of this Lease, (a) hazard insurance on the Premises and all improvements
and fixtures thereon and thereto insuring the same for its full replacement value; (b) standard fire
and extended coverage insurance on all of its personal property, including removable trade
fixtures, located in the Premises and on its non -building standard leasehold improvements and all
other additions and improvements (including fixtures) made by Tenant ; (c) a policy or policies
of comprehensive general liability insurance, including personal injury liability, contractual
liability, products and completed operations liability, such insurance to afford minimum
protection (which may be effected by primary and/or excess coverage) of not less than
$1,000,000.00 for personal injury or death in any one occurrence (with $2,000,000.00 in
umbrella coverage) and of not less than $1,000,000.00 for property damage in any one
occurrence (with $2,000,000.00 in umbrella coverage). The limit of any of such insurance shall
not limit the liability of Tenant hereunder. If Tenant fails to procure and maintain such
insurance, Landlord may, but shall not be required to, procure and maintain the same, at Tenant's
expense to be reimbursed by Tenant within ten (10) days of written demand. All insurance
required to be obtained by Tenant hereunder shall be issued by companies acceptable it)
Landlord. Thirty (30) days prior to the Lease Commencement Date, Tenant shall deliver to
Landlord certificates of liability insurance required herein with loss payable clauses satisfactory
to Landlord. Any deductible under such insurance policy in excess of One Thousand and
Noll 00ths Dollars ($1,000.00) must be approved by Landlord in writing prior to issuance of such
policy. No policy shall be cancelable or subject to reduction of coverage except upon thirty (30)
days' prior written notice to Landlord. All such policies shall name Landlord and its agents as
named insured, shall be written as primary policies not contributing with and not in excess of
coverage which Landlord may carry, and shall be written with an insurance carrier satisfactory to
Landlord. Tenant shall obtain any revised or increased coverage required by Landlord within
thirty (30) days ofany such notification from Landlord.
l 1. FIRE INSURANCE, - FIXTURES AND EQUIPMENT. Tenant shall maintain
in full force and effect on all Tenant's trade fixtures, equipment and personal property on the
Premises, a policy of all risk property insurance covering the,full replacement value of such

property. 1'enant shall provide and keep in force with companies satisfactory to Landlord,
business interruption and/or -loss of rental insurance in an amount equivalent to six (6) months
Rent which shall not contain a deductible greater than One Thousand Dollars ($1,000.00).
Tenant shall furnish Landlord with a certificate of such insurance naming Landlord as an
additional insured. No policy shall be cancelable or subject to reduction of coverage except upon
thirty (30) days' prior written notice to Landlord.
12, DAMAGE OR DESTRUCTION. Should the Premises be damaged or
destroyed by fire or other casualty, Landlord may either (i) terminate this Lease or (ii) upon
receipt of insurance proceeds, repair or rebuild the Premises, provided that such insurance
proceeds are sufficient to so repair or rebuild the Premises to substantially original condition. In
the event that Landlord elects to repair or rebuild the Premises, Rent will be reduced to such
extent as may be fair and reasonable under the circumstances. Upon Landlord's termination of
the Lease in accordance with this Section 12, (i) Rent will cease and abate from the date of such
damage or destruction and (ii) insurance proceeds, if any, paid to Tenant on account of such
damage or destruction shall be delivered to Landlord except,that any insurance proceeds paid to
Tenant for damage or destruction of Tenant's personal properly shall remain the property of
Tenant. Except to the extent of the negligent acts or omissions or willful misconduct of
Landlord or its agents, employees, contractors, invitees, or licensees, Landlord is not responsible
to Tenant for any damage caused to Tenant's personal property and trade fixtures located on the
Premises.
13. ALTERATIONS AND ADDITIONS: REMOVAL OF FIXTURES. 13xcept
as otherwise provided in this Lease, Tenant shall not make or allow to be made any alterations,
additions or improvements to or on the Premises without first obtaining the written consent of
Landlord. Any such alterations, additions or improvements shall be made at Tenant's sole
expense, according to plans and specifications approved in writing by Landlord, in compliance
with all applicable laws, by a licensed contractor, and in a good and workmanlike manner
conforming in quality and design with the Premises existing�as of the Lease Commencement
Date, shall not diminish the value of the Premises and shall at once become a part of the realty
and shall be surrendered with the Premises. Upon the expiration or sooner termination of the
term hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole expense, with due
diligence, remove any alterations additions, or improvements made by Tenant, designated by
Landlord to be removed, and repair any damage to the Premises caused by such removal. Tenant
shall remove all of its movable property and trade fixtures which can he removed without
damage to the Premises at the termination of this Lease, either by expiration of the term or other
cause, and shall pay Landlord any damages for injury to the Premises or the improvements
resulting from such removal. If Tenant shall fail to remove any of its property of any nature
whatsoever from the Premises or the improvements at the termination of this Lease or when
Landlord has the right of reentry, Landlord may, in accordance with the provisions of applicable
statutes governing commercial landlord and tenant matters, remove and store such property
without liability for loss thereof or damage thereto, such storage to be for the account and at the
expense of Tenant. If Tenant fails to pay the cost of storing any such property within thirty (30)
days. Landlord may sell any or all such property at public or private sale, without notice to
Tenant, and shall apply the proceeds of such sale to the following costs in the following order:
(i) the cost and expense of such sale, including reasonable attorneys' fees, (ii) the payment of the

costs or charges for storing any such property, and (iii) the payment of any other sutras which
may then be or thereafter become due Landlord from Tenant under any of the terms hereof. The
balance, if any, shall be paid to Tenant.
14. ACCEPTANCE OF PREMISES. Tenant has inspected the Premises and
accepts them in their "as is" condition.
15. ACCESS. Tenant shall permit Landlord and its agents to enter the Premises at all
reasonable times to inspect the same; to show the Premises to prospective tenants, or interested
parties such as prospective lenders and purchasers; to clean, repair, alter or improve the
Premises; to discharge Tenant's obligations when Tenant has failed to do so within a reasonable
time after written notice from Landlord; and to post notices of nonresponsibility and similar
notices and "For Sale" signs' and to place "For Lease" signs at any time. Tenant shall permit
Landlord and its agents to enter the Premises at any time in the event of an emcrgency.
16. WAIVER OF SUBROGATION. Whether the loss or damage is due to the
negligence of `Tenant or Tenant's agents or employees, or any other cause, Tenant hereby releases
Landlord and Landlord's agents and employees from responsibility for and waives its entire
claim ofrecovery for (i) any loss or damage to the personal property of Tenant located on the
Premises arising out of any of the perils which are covered by Tenant's property insurance
policy, with extended coverage endorsements, or (ii) loss resulting from business. interrupt ion or
loss of rental income, at the Premises, arising out of any of the peri is which may be covered by
the business interruption or by the loss of rental income insurance policy held by Tenant. Tenant
shall cause its insurance carrier(s) to consentto such waiver of all rights of subrogation against
Landlord.
17. INDEMNIFICATION. Tenant shall indemnify and hold harmless Landlord, its
agents, employees, officers, directors, partners and shareholders from and against any and all
liabilities, judgments, demands, causes of action, claims, losses, damages, costs and expenses,
including reasonable attorneys' fees and costs, arising out of the use, occupancy, conduct,
operation, or management of the Premises by, or the willful misconduct or negligence of, Tenant,
its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in or
about the Premises or arising from any breach or default under this Lease by Tenant, or arising
from any accident, injury, or damage, howsoever and by whomsoever caused, to Any person or
property, occurring in or about the Premises. This indemnification shall survive termination of
this Lease. This provision shall not he construed to make "Tenant responsible for loss, damage,
liability or expense resulting from injuries to third parties caused by the sole negligence of'
Landlord, or its officers, contractors, licensees, agents, employees, or invitees.
18. ASSIGNMENT AND SUBLETTING. Tenant will not assign, transfer, sublet
or encumber this Lease without obtaining the prior written consent of Landlord.
19. ADVERTISING. Tenant shall not display any sign, graphics, notice, picture, or
poster, or any advertising matter whatsoever, anywhere in or about the Premises at places visible
from anywhere outside or at the entrance to the Premises without first obtaining Landlord's
written consent thereto, such consent to be at Landlord's sole discretion. Tcnant shall be

responsible to maintain any permitted signs and remove the same at Lease termination. If Tenant
shall fail to do so, I..andlord may do so at Tenant's cost. Tenant shall be responsible to Landlord
for any damage caused by the installation, use, maintenance or removal of any such signs.
20. LIENS. Tenant shall keep the Premises free from any liens arising out of any
work performed, materials ordered or obligations incurred by or on behalf of Tenant, and Tenant
hereby agrees to indemnify and hold Landlord, its agents, employees, independent contractors,
officers, directors, partners, and shareholders harmless from any liability, cost or expense for
such liens. Tenant shall cause any such lien imposed to be released of record by payment or
posting of the proper bond acceptable to Landlord within ten (I 0) days after the earlier of
imposition of the lien or written request by Landlord. Tenant shall give Landlord written notice
of Tenant's intention to perform work on the Premises which might result in any claim of lien, at
least ten (10) days prior to the commencement of such work to enable Landlord to post and
record a Notice of Nonresponsibility or other notice deemed proper before commencement of
any such work. If Tenant fails to remove any lien within the.prescribed ten (10) day period, then
Landlord may do so at Tenant's expense and Tenant's reimbursement to Landlord for such
amor�nt, including attorneys' fees and costs, shall be deemed additional Rent.
21. DEFAULT.
21.1 Tenant's Default. A default under this Lease by Tenant shall exist if any of the
following; occurs:
21.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder when
due; or
21.1.2 If Tenant fails to perform any term, covenant or condition of this Lease except
those requiring the payment of money, and Tenant fails to cure such breach within fifteen (15)
days after written notice from Landlord where such breach could reasonably be cured within
such fifteen (15) day period; provided, however, that were such failure could not reasonably be
cured within the fifteen (15) day period, that Tenant shall not he in default if it commences such
performance within the fifteen (15) day period and diligently thereafter prosecutes the same to
completion; and
21.1.3 If Tenant assigns its assets for the benefit of its creditors; or
21.1.4 if Tenant shal l have abandoned or vacated the Premises; or
21.1.5 The chronic delinquency by Tenant in the payment of monthly Rent, or any other
periodic payments required to be paid by Tenant under this Lease, shall constitute a default.
"Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments
required to be paid by Tenant under this Lease within three (3) days after written notice thereof'
for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period.
In the event of a chronic delinquency, at Landlord's option, Landlord shall have the additional
right to require that Rent be paid by Tenant quarter -annually, in advance.

21.2 Remedies. Upon a default, Landlord shall have the following remedies, in addition
to all other rights and remedies provided by law or otherwise provided in this Lease, to which
landlord may resort cumulatively or in the alternative:
21.2,1 Landlord may continue this Lease in full force and effect, and this Lease shall
continue in full force and effect as long as Landlord does not terminate this Lease, and Landlord
shall have the right to collect Rent and other charges when due.
21.2.2 Landlord may terminate Tenant's right to possession of the Premises at any time
by giving written notice to that effect, and relet the Premises or any part thereof. On the giving
of the notice, all of Tenant's rights in the Premises shall terminate_ Upon such termination,
Tenant shall surrender and vacate the Premises in the condition required by Section 23, and
Landlord may re-enter and take possession of the Premises and all the remaining improvements
or property and eject Tenant or other person or persons claiming any right under or through
Tenant or eject some and not others or eject none. 'Phis Lease may also be terminated by a
judgment specifically providing for termination. Any termination under this section shall not
release "tenant from the payment of any sum then due Landlordor from any claim for damages
or Rent or other sum previously accrued or then accruing against Tenant. Upon such termination
Tenant shall be liable immediately to Landlord for till costs Landlord incurs in reletting the
Premises or any part thereof, including, without limitation, broker's commissions, expenses of
cleaning and redecorating the Premises required by the reletting and like costs. Reletling may he
for a period shorter or longer than the remaining term of this Lease. No act by Landlord ether
than giving written notice to tenant shall terminate this Lease. Acts of'maintenancc, efforts to
relet the Pr6iiscs or the appointment of a receiver on Landlord's initiative to protect Landlord's
interest under this Lease shall not constitute a termination of Tenant's right to possession. Oil
termination, Landlord has the right to remove all Tenant's personal property and store same at
Tenant's cost and to recover from "Tenant as damages:
(a) The worth at the time of award of unpaid Rent and other sums due and payable
which had been earned at the time of tennination; plus
(b) The worth at the time of award of the amount by which the unpaid (tent and other
sums due and payable which would have been payable after termination until the time ol'awards
exceeds the amount of such rent loss that Tenant proves could have been reasonably avoided;
plus
(c) The worth at the time of award of the amount by which the unpaid Rent or other
sums due and payable for the balance of the term after the time of award exceeds the amount of
such rent loss that tenant proves could be reasonably avoided; plus
(d) Any other amount necessary which is to compensate Landlord for al I the
detriment proximately caused by Tenant's failure to perform Tenant's obligations under this
Lease, or which, in the ordinary course of things, would be likely to result therefrom, including,
without limitation, any costs or expenses incurred by Landlord: (i) in retaking possession of' the
Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, altering or
rehabilitating the Premises or a portion thereof, including such acts for reletting to a new tenant

or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to
relet the Premises; plus
(e) At Landlord's election, such other amounts in addition to or in lieu of the
foregoing as may be permitted from time to time by the laws of the Slate of North Carolina.
The "worth at the time of award" of the amounts referred to in Sections 23.2.2(a) and (b)
is computed by allowing interest to accrue at the maximum interest rate allowed by law on the
unpaid rent and other sums due and payable from the termination date through the date of award.
Tenant waives redemption or relief from forfeiture under any other present or future law, in the
event Tenant is evicted or Landlord takes possession of the Premises by reason of any default of
Tenant hereunder.
21.2.3 Landlord may, with or without tenninating this Lease, re-enter the Premises and
remove all persons and property from the Premises; such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for Ilie account of Tenant. No re-entry or
taking possession of the Premises by Landlord pursuant to this section shall be construed as an
election to terminate this Lease unless a written notice of such intention is given to Tenant.
22. SUBORDINATION. ']"his Lease is and shall be subordinate to the lien of any
mortgage, deed of trust, ground lease or underlying lease now or hereafter in force against the
Premises, and to all advances made or hereafter to be made upon the security thereof. This
provision of the Lease shall be self -operative, provided, however, that upon request of Landlord,
Tenant will execute a subordination agreement or other documents evidencing such
subordination, all in recordable form. Tenant shall execute and return to Landlord any such
subordination documents within ten (10) days of Landlord's written request. I f Tenant does not
provide Landlord with such subordination documents within. ten (10) days of Landlord's written
request, then 'Tenant hereby authorizes Landlord to execute such subordination documents acting
as duly authorized agent for 'Tenant, and Landlord may declare Tenant in default of this Lease.
In the event any proceedings are brought for foreclosure, or in the event of the exercise of the
power of sale under any mortgage or deed of trust made by the Landlord covering the Premises.
Tenant shall attorn to the purchaser at any such foreclosure, or to the grantee of a deed in lice of
foreclosure, and recognize such purchaser or grantee as the Landlord under this Lease. The
provisions of this article to the contrary notwithstanding, and so long as Tenant is not in default
hereunder, this I..ease shall remain in full force and effect for the full term hereunder.
23. SURRENDER OF POSSESSION. Upon expiration of the term of this Lease,
Tenant shall promptly and peacefully surrender the Premises to Landlord in as good condition as
when received by Tenant from Landlord or as thereafter improved, reasonable use and wear and
tear excepted, all to the reasonable satisfaction of Landlord. If the Premises are not surrendered
in accordance with the terms of this Lease, Tenant shall indemnify Landlord and its agents,
employees, independent contractors, officers, directors, partners, and shareholders against any
loss or liability including reasonable attorneys' fees and costs, and including liability to
succeeding tenants, resulting from delay by Tenant in so surrendering the Premises. This
indemnification shall survive termination of this Lease.

24. HOLDOVER. If Tenant shall, without the written consent of Landlord, hold
over after the expiration of the term of this Lease such tenancy shall be deemed a
month -to -month tenancy, which tenancy may be terminate as provided by applicable state law.
During such tenancy, Tenant agrees to pay to Landlord, each month, the greater of the fair
market rental value for the Premises or one hundred fifty percent (150%) of the Rent payable by
Tenant for the last month of the term of this Lease.
25. CONDEMNATION. If twenly (20) percent or more of the Premises or of such
portions of the improvements as may be required for the reasonable use of the Premises, are
taken by eminent domain or sale under threat of condemnation by eminent domain, this Lease
shall automatically terminate as of the date title vests in the condemning authority, and all Rent
and other payments shall be paid to that date. Landlord reserves all rights to damages to the
Premises for any partial or entire taking by eminent domain, and Tenant hereby assigns to
landlord any right Tenant may have to such damages or award, and Tenant shall make no claim
against Landlord or the condemning authority for damages for termination of the leasehold
interest or interference with Tenant's business. Tenant shall have the right to claim and recover
from Elie condemning authority compensation for any loss which Tenant may incur for Tcnant's
moving expenses, business interruption or taking of Tenant's personal property (not including
Tenant's leasehold interest).
26. NOTICES. All notices and demands which may be required or permitted to he
given to either party hereunder shall he in writing, and shall be sent by United States mail,
postage prepaid to the addresses set out below, and to such other person or place as each party
may from time to time designate in a notice to the other. Notice shall be deemed given upon the
earlier of actual receipt or seventy-two (72) hours after deposit in the United States mail, postage
prepaid.
If to Tenant:
with a copy to:
if to Landlord:
B&K Coastal, LLC
P.O. Boa 210E
Wilmington, NC 28402
Attn: J. Keith Stark
The MacDonald Law Firm, PLLC
1508 Military Cutoff Road Suite 102
Wilmington NC 28403
Attn: James A. MacDonald
Waste Industries, LLC
3301 Benson Drive, Suite 601
Raleigh, NC 27607
Attn: Michael T. Ingle
Fax No.: [phone]
Phone No. [phone]
10

with a copy to Lisa himan, General Counsel, at the same address.
27. MORTGAGEE PROTECTION. Tenant agrees to give any mortgagee(s) and/or
trust deed holder(s), by registered mail, a copy of any notice of default served upon Landlord,
provided that prior to such notice Tenant has been notified in writing (by way of notice of
assignment of rents and leases, or otherwise) of the addresses of such mortgagee(.) and/or trust
deed holder(s). Tenant further agrees that if Landlord shall have failed to cure such default
within the time provided for in this Lease, then the mortgagee(s) and/or trust deed holder(s) shall
have an additional thirty (30) days within which to cure such default or if such default cannot be
cured within that tinte, then such additional time as may be necessary if within such thirty (30)
days any mortgagee and/or trust deed holder(s) has commenced and is diligently pursuing the
remedies necessary to cure such default (including but not limited to commencement of
foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be
terminated while such remedies are being so diligently pursued.
29. COSTS AND ATTORNEYS' FEES. If Tenant or Landlord shall bring any
action against the other, arising out of this Lease, including any suit by Landlord for the recovery
of Rent or other payments hereunder, or possession of the Premises, the losing party shall pay the
prevailing party a reasonable sunl for attorneys' fees and costs to such suit, at trial and on appeal.
and such attorneys' fees and costs shall be deemed to have accrued on the commencement of'
such action.
29. LANDLORD'S LIABILITY. Anything in this Lcasc to the contrary
notwithstwiding, covenants, undertakings and agreements herein matte on the part of Landlord
are made and intended not for the purpose of binding Landlord personally or the assets of
Landlord but are made and intended to bind only the Landlord's interest in the Premises, as the
same may, from time to time, be encumbered and no personal liability shall at any time be
asserted or enforceable against Landlord or its stockholders, officers or partners or their
respective heirs, legal representatives, successors and assigns on account of.the Lease or on
account of any covenant, undertaking or agreement of Landlord in this Lease.
30. ESTOPPEL CERTIFICATES. At any time and from time to time, Tenant shall
execute, acknowledge and deliver to the requesting party without charge, a certificate evidencing
(a) whether or not this Lease is in full force and effect, (b) whether or not this Lease has been
amended in any way, (c) whether or not there are any existing defaults by either party hereto to
the knowledge and belief of the certifying party and specifying the nature of the defaults if any,
and (d) the date to which Rent has been paid. Each certificate delivered pursuant to this Section
30 may be relied on by any prospective purchaser or transferee of Landlord's interest hereunder
or by any holder or prospective holder of a first mortgage of Landlord.
31. TRANSFER OF LANDLORD'S INTEREST. In the event of any transfer(s) of
Landlord's interest in the Premises, other than a transfer for security purposes only, the transferor
shall be automatically relieved of any and all obligations tmd liabilities on the part of Landlord
accruing from and after the date ol'such transfer, and "Tenant agrees to attorn to the transferee.

32. RIGHT TO PERFORM. If Tenant shall fail to pay any sum of money, other
than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to
he performed hereunder, and such failure shall continue for ten (14) days, Landlord may, but
shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of
Tenant, make any such payment or perform any such other act on Tenant's part to be made or
performed as provided in this Lease. Landlord shall have (in addition to any other right or
remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due
under this section as in the case of default by Tenant in the payment of Rent. All sums paid by
Landlord and all penalties, interest and costs in connection therewith, shall be due and payable
by Tenant on the next day after such payment by Landlord, together with interest thereon at the
maximum rate of interest permitted by law from such date to the date of payment.
33. NO ACCORD OR SATISFACTION. No payment by Tenant or receipt by
Landlord of a lesser amount than the Rent and other sums due hereunder shall be deemed to be
other than on account of the earliest rent or other sums due, nor shall any endorsement or
statement on any check or accompanying any check or payment he deemed an accord and
satisfaction; and Landlord may accept such check or payment without prejudice to landlord's
right to recover the balance of such Rent or other sum and to pursue any other remedy provided
in this [,case.
34. GENERAL. PROVISIONS.
34.1 Acceptance. This Lease shall only become effective and binding upon full
execution hereof by Landlord and subsequent delivery of a signed copy to Tenant.
34.2 Marginal Headings, Etc. The marginal headings, Table of Contents, least; summary
sheet and titles to the articles of this Lease.are not a part of the Lease and shall have no effect
upon the construction or interpretation of any part hereof.
34.3 Choice of Law. This Lease shall be governed by and construed in accordance with
the laws of the state of North Carolina.
34.4 Successors_ and Assigns. The covenants and conditions herein contained, subject to
the provisions as to assignment, inure to and bind the heirs, successors, executors, administrators
and assigns of the parties hereto.
34.5 Recordation. Neither Landlord nor `tenant shall record this Lease, but a short -form
memorandum hereof may be recorded at the request of either party.
34.6 Quiet Possession, Upon Tenant's paying the Rent reserved hereunder and observing -
and performing all of the covenants, conditions and provisions on Tenant's part to be observed
and performed hereunder, "renant shall have quiet possession of the Premises for the term hereof,
subject to all the provisions of this Lease.
34.7 Inability to Perform. This Lease and the obligations of Tenant hereunder shall not
be affected or impaired hecause Landlord is unable to fulfill any of its obligations hereunder or is
12

delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of
God. or any other cause beyond the reasonable control of Landlord.
34.8 Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void,
or illegal shall in no way affect, impair or invalidate any other provision hereof and such other
provision(s) shall remain in full force and effect.
34.9 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive
but shall, whenever possible, be cumulative with all other remedies at law or in equity.
34.I0 I ntire Agreement. This Lease contains the entire agreement ol'the parties hereto
and no representations, inducements, promises or agreements, oral or otherwise, between the
parties, not embodied herein, shall be of any force or effect.
34.11 No Joint Venture/Partnership. The parties expressly acknowledge that the
relationship between the parties is that of landlord and tenant and that no partnership, joint
venture or other relationship exists between the parties.
THE FOLLOWING PAGE IS THE SIGNA'fURI:; PAGE
13

IN WITNESS WHERF;OF, Landlord and Tenant have executed this Lease on the day and
year first above written.
LANDLORD:
Waste Industries, LLC,
n North Carolina limited liability company
By: * j�—�j k�� —
Name: AlaAakl T N _60
1/,��e P� e s+dP�►7
TENANT:
Cape Fcar Paving, LLC
A North Carolina limited liability company
By:
Name:
Title:
14

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and
year first above written.
LANDLORD:
Waste Industries, LLC,
a North Carolina limited liability company
By:
Name:
TENANT:
Cape Fear Paving, LLC
A North Carolina limited liability company
MA_ \IN4er
By
Nam *A
Title:
14

EXINBIT A
PREMISES
Being all of Tract I as shown on a survey of Mid River Heavy Industrial Park for Samson
Development, LLC and Sound Development General Partners recorded in Map Book 39, Page
33 of the New Hanover Counly Registry, reference to said map being hereby made for a
complete description of said properly.
15

Pickle, Ken
From: Pickle, Ken
Sent: Thursday, July 24, 2014 2:25 PM
To: '[e-mail]'; 'john. [e-mail]'
Cc: Alexander, Laura; Sennett, Bradley; Sams, Dan
Subject: FW: Stormwater permit name change request: RETURNED
Good afternoon, Mr. Stark,
Thank you for your time this afternoon.
We are returning unprocessed your request to transfer coverage under our stormwater permit Certificate of Coverage
NCG080780. As per your description of the commercial activities at 310 Sampson Street in Wilmington, and as I
suspected, your facility is not a regulated industrial activity under the NPDES Stormwater Permitting Program rules.
Typically a contractor's home office and yard are not regulated activities under the federal NPDES rules.
I have copied Mr. John Pfleger of Waste Industries to alert him to our action on your joint request to transfer coverage.
Since we are denying the request to transfer coverage, Waste Industries remains the permittee of record. We will of
course entertain a separate request from Waste Industries to rescind their permit for this site, since there is no longer
any industrial activity that Would be regulated for stormwater discharges under NPDES rules. Unfortunately, our
internal procedures will not allow me to move ahead on the obvious path without Waste Industries specific separate
request to rescind the permit. Our permit rescission request form may be down loaded from this website location:
http://portal.ncdenr.org/webliLnpdes-stormwater
Gentlemen, please contact me if you have any questions or if I can help speed along a request to rescind the permit for
Waste Industries.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken.picklle@Rcdenr.4v
website: hn"ortal.ncdenr.org/webllr/stormwater
** Email correspondence to and from this address is subject to the North Carolina Public Records Law. and may be
disclosed to third parties unless the content is exempt by statute or other regulations.
From: Pickle, Ken
Sent: Wednesday, July 16, 2014 10:14 AM
To: '[e-mail]'
Cc: Alexander, Laura; Bennett, Bradley; Georgoulias, Bethany
Subject: Stormwater permit name change request
Good morning Mr. Stark,

RE: Stormwater permit Certificate of Coverage NCG080780; your request to transfer coverage
I have called for you this morning, and left a message with your office.
I'm not sure you need coverage under our stormwater General Permit for the operation of a general contractor's office
and yard. And l think we should speak voice -to -voice to clarify this for me.
We are in receipt of your request to transfer coverage under our stormwater permit from Waste Industries LLC to Cape
Fear Paving LLC, signed by you and John Pfleger on November 20, 2013. Assuming that you sent it to us sometime
around the signature date, I'm not sure why we have delayed responding until now. My apologies for the delay.
The application has been processed by our staff and has come to me for signature. I note that it appears that your
business activity is different in character from the Waste Industries operation that preceded you on the site. Our
permits are based on matching certain categories of industrial activity with certain General Permits in order to control
the potential for stormwater pollution associated with the particular industrial activity at those sites. (NCG080000
matches up with the prior Waste Industries activity at your site.)
general cgnjLaor's office and yarg.gLe not.y.5yally. gaptured by tbe federal regulations that Linderlie our program. It's
not clear to me that you need coverage under our permit. Considering activities that might be related to your
operations, coverage tinder a stormwater permit would be required if;
• You were operating an asphalt plant at the site. If you are, coverage under NCG15-Asphalt is appropriate, not a
transfer of NCG08.
• You were operating either a fixed or portable ready -mix concrete plant at the site. If you are, coverage under
NCG14-Ready-Mix Concrete is appropriate, not NCG08.
• The site was home base for a fleet of vehicles, anj you were regularly performing vehicle maintenance at the
site. If you are, NCGO8 is the appropriate General Permit for stormwater discharges, and we could make the
transfer from Waste Industries to Cape Fear Paving. Some types of vehicles would qualify you for this permit,
and some other types would not. "Vehicle maintenance" is defined in federal rule to include washing vehicles
and fueling vehicles, as well as what you might normally think of as vehicle maintenance.
• You were engaged in an activity similar to the Waste Industries activity that preceded you. Again, in that case
NCG08 would be appropriate. in one way this bullet is a slightly different res-statement of the bullet
immediately above.
• You were engaged in some sort of manufacturing at the site. In that case we have 20 General Permits specific
for the industrial manufacturing sector that you are engaged in.
Initially the "Paving" in your company name caught my eye. Then the description of the permitted activities in your
lease with Waste Industries served as corroborating information, it seemed to me.
I will hold this request for permit covorage for a few more days, but then I intend to return it without granting the
permit transfer. Please contact me to discuss. I'll be out of the office this Thursday (tomorrow) through next Monday.
Unless I hear from you, I will return the application on next
Wednesday.
FYI, if we deny your transfer request then Waste Industries remains our permittee, and it could be construed that they
are still obligated to comply with the permit until they request, and we grant, rescission of the Certificate of Coverage
under our permit. I realize that this aspect may not directly concern you.
Ken

Ken Pickle
Environmental Engineer
NCDENR I DEMLR € Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St., Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken .oi klr� eno&d,enr aov
Website: httoa l/oortal,ncdear,org/web/Ir/sto,rmwater
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**

Pickle, Ken
From: Pickle, Ken
Sent: Wednesday, July 16, 2014 10:14 AM
To: '[e-mail]'
Cc: Alexander, Laura; Bennett, Bradley; Georgoulias, Bethany
subject: Stormwater permit names change request
Good morning Mr. Stark,
RE: Stormwater permit Certificate of Coverage NCG080780; your request to transfer coverage
I have called for you this morning, and left a message with your office.
I'm not sure you need coverage under our stormwater General Permit for the operation of a general contractor's office
and yard. And I think we should speak voice -to -voice to clarify this for me.
We are in receipt of your request to transfer coverage under our stormwater permit from Waste Industries LLC to Cape
Fear Paving LLC, signed by you and John Pfleger on November 20, 2013. Assuming that you sent It to us sometime
around the signature date, I'm not sure why we have delayed responding until now. My apologies for the delay.
The application has been processed by our staff and has come to me for signature. I note that it appears that your
business activity is different In character from the Waste Industries operation that preceded you on the site. Our
permits are based on matching certain categories of industrial activity with certain General Permits in order to control
the potential for stormwater pollution associated with the particular industrial activity at those sites. (NCGO80000
matches up with the prior Waste Industries activity at your site.)
A general contractor's office and vard are not usuallv captured by the federal regulations that underlie our orogram. it's
not clear to me that you need coverage under our permit. Considering activities that might be related to your
operations, coverage under a stormwater permit would be required if:
• You were operating an asphalt plant at the site. If you are, coverage under NCG16-Asphalt is appropriate, not a
transfer of NCG08.
• You were operating either a fixed or portable ready -mix concrete plant at the site. if you are, coverage under
NCG14-Ready-Mix Concrete is appropriate, not NCG08.
• The site was home base for a fleet of vehicles, and you were regularly performing vehicle maintenance at the
site. If you are, NCG08 is the appropriate General Permit for stormwater discharges, and we could make the
transfer from Waste Industries to Cape Fear Paving. Some types of vehicles would qualify you for this permit,
and some other types would not. "Vehicle maintenance" is defined in federal rule to include washing vehicles
and fueling vehicles, as well as what you might normally think of as vehicle maintenance.
• You were.engaged in an activity similar to the Waste Industries activity that preceded you. Again, in that case
NCGO8 would be appropriate. In one way this bullet is a slightly different res-statement of the bullet
immediately above.
• You were engaged in some sort of manufacturing at the site. In that case we have 20 General Permits specific
for the industrial manufacturing sector that you are engaged In.
initially the "Paving in your company name caught my eye. Then the description of the permitted activities in your
lease with Waste Industries served as corroborating information, it seemed to me.
I will hold this request for permit coverage for a few more days, but then I intend to return it without granting the
permit transfer. Please contact me to discuss. I'll be out of the,office this Thursday (fonlorrow) through next Monday.

Unless I hear from you, I will return the application on next
Wednesday.
FYI, if we deny your transfer request then Waste Industries remains our permittee, and it could be construed that they
are still obligated to comply with the permit until they request, and we grant, rescission of the Certificate of Coverage
under our permit. I realize that this aspect may not directly concern you.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Email: ken. ':p cklej o�dgnrap
Website: http:lZoortol.ngdenE.orqZweb/Ir-/stormwate
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**

A&I
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Keith Stark
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C. 28401
Dear Mr. Stark:
John E. Skvarla, III
ry
July 15, 2014
Subject: NPDES General
Cape Fear Paving, LLC
Formerly Waste Industries LLC
Certificate of Coverage NCG80780
New Hanover County
Division personnel received your request to
Coverage to accurately reflect your new company
se your stormwater permit Certificate of
/or facility name.
Please find enclosed the revised Certificat of Coverage. The terms and conditions contained
in the General Permit remain unchanged a in full effect. This revised Certificate of Coverage
is issued under the requirements of Nort arolina General Statutes 143-215.1 and the
Memorandum of Agreement between orth Carolina and the U.S. Environmental Protection
Agency.
If you have any questions or p6ed further information, please contact the Stormwater
Permitting Program at (919) 7 -9200.
Sincerely,
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Wilmingto egional Office
Stormwa r Permitting Program Files
Central Yiles
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:/Iportal.ncdenr.orglweb/Ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080780
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other'lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cape Fear Paving, LLC.
is hereby authorized to discharge stormwater from a facility located at
t
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C.
New Hanover County
to receiving waters designated as Cape Fear River, a class SA, HQW, in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, I1I, and
IV of General Permit No. NCGO80000 as attached.
This certificate of coverage shall become effective July 15, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 15, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 15, 2014
Mr. Keith Stark
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C. 28401
Subject: NPDES General Permit
Cape Fear Paving, LLC
Formerly Waste Industi
Certificate of Coverage
New Hanover County
Dear Mr. Stark:
John E. Sk
CGO80780
ies LLC
NCG80780
Division personnel received your request to revise your`stormwater permit Certificate of
Coverage to accurately reflect your new company and/or fa(ility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained
in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage
is issued under the requirements of North Carolinal/General Statutes 143-215.1 and the
Memorandum of Agreement between North Ca 41ina and the U.S. Environmental Protection
Agency. /
If you have any questions or need furtfr information, please contact the Stormwater
Permitting Program at [phone].
Sincerely,
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Wilmington Regional Office
Stormwater Permitting rogram Files
Central Files
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htta:ltportal.ncdenr.org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080780
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cape Fear Paving, LLC
is hereby authorized to discharge stormwater from a facility located at
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C.
New Hanover County
to receiving waters designated as Cape Fear River, a class SA, HQW, in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, III, and
IV of General Permit No. NCG080000 as attached.
This certificate of coverage shall become effective July 15, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 15, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

NCDENR
North Carolina Department of Environment and Natural Resources i
Pat McCrory John E./Skvarla, III
Governor Secretary
July 15, 2014
Mr. Keith Stark
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C. 28401
Subject: NPDES General Permit NCG080780
Cape Fear Paving, LLC
Formerly Waste Industries LLC
Certificate of Coverage NCG80780
New Hanover County
Dear Mr. Stark:
Division personnel received your request to revise your stormwater permit Certificate of
Coverage to accurately reflect your new company and/or facility name.
Please find enclosed the revised Certificate of/Coverage. The terms and conditions contained
in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage
is issued under the requirements of North Carolina General Statutes 143-215.1 and the
Memorandum of Agreement between Noah Carolina and the U.S. Environmental Protection
Agency. /
If you have any questions or need'further information, please contact the Stormwater
Permitting Program at (919) 707 p200.
cc: Wilmington Ri
Stormwater Pe
Central Files
al Office
ing Program Files
Sincerely,
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
f Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htt :N ortal.ncdenr.or lwebllr1
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT, OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080780
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cape Fear Paving, LLC
is hereby authorized to discharge stormwater from a facility located at
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C.
New Hanover County
to receiving waters designated as Cape Fear River, a class SA, HQW, in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111, and
TV of General Permit No. NCGO80000 as attached.
This certificate of coverage shall become effective July 15, 2014
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 15, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 15, 2014
Mr. Keith Stark
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C. 28401
John E. SkvarikIII
Subject: NPDES General Permit NCGO80780
Cape Fear Paving, �LC
Formerly Waste Industries LLC
Certificate of Coverage NCG80780
New Hanover/county
Dear Mr. Stark:
Division personnel received your request to revise y r stormwater permit Certificate of
Coverage to accurately reflect your new company and/o acility name.
Please find enclosed the revised Certificate of Coeerage. The terms and conditions contained
in the General Permit remain unchanged and in fu effect. This revised Certificate of Coverage
is issued under the requirements of North Carol a General Statutes 143-215.1 and the
Memorandum of Agreement between North C&olina and the U.S. Environmental Protection
Agency.
If you have any questions or need
Permitting Program at (919) 707-92,
cc: Wilmington Regional Office
Stormwater Permitting Program Files
Central Files /
information, please contact the Stormwater
Sincerely,
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 PAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:llpogal.nedenr.org/web/Ir/
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080780
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North'Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cape Fear Paving, LLC
is hereby authorized to discharge stormwater from a facility located at
Cape Fear Paving, LLC
310 Sampson Street
Wilmington, N.C.
New Hanover County
F�
to receiving waters designated as Cape Fear River, a class SA, HQW, in accordance with the
effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, II1, and
IV of General Permit No. NCG080000 as attached.
This certificate of coverage shall become effective July 15, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 15, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

C®EhlK
Nunn r�,0.�':+ 1C.1�,::••rC
Division Water I'r•olectiotl
National P0111l1ant Discllar,t-,c Elimimuimi Sysiem
PERMIT NAMEIOWNERSHIP CHANGE FORM
FOR AUENCY ME otU
Datrr ficcerjw
Yrr 1r
:.1a+altr
Dar
1. I'lease cater tlty permit mimber lair which the change is 1'eyueste(1.
iVPDE) 5 Permit [Itr) cemilicaic orCu%'crage
100T80 78 1 01
II. Permit status trl i(tr In re(lrieslcd change.
Il. Pe[,mil issued to icnmtranty name): Waste Industri.es LLC
h. Pirsou Icf:allly respunsilite I;ar permit: john C Pf leger
Fir.l ill _— — I_a%1
Sr._ S1.1S-SPeclaliSt -.
3301 Benson Dr.i-ve Suite 601
1'ermii lluklcl Mailing Addlcs�
Ralciclh Nc 27609
_ 1919 ) 877-7S23 l 9'T9 ) 325-301.8
C. l';icilii) millIC tIIltiClial' C}: A- 1. San.itat.l,on wi, lmi.11gr-011
cl. FilCllit}'acl(iress: 310 Sampson Street
WilminSton- DC 28,101
Cily sr,lti !tp
e... Facility colUact persow- John C. Pfl eger 1919 1 877-7523
First / ki l / Lail 1'11„nr
Ill. I'lease provi(le the following for the rc(lu"tul ehatiMc (revised permit).
❑. E:e(Iucs1 Isn' ct►an r is :a rc>ult of ❑ Change in owls l-slail) (if the "iciliiJ'
X❑ Nanlc l.'hallt;C l.)l itle Is[ciliry ur atwller
l/"rul►or plcarsr c'.tltlaiw Name/operator change —for —lessee
h. 11c•I'mit itisucd to Icompany narlicQ-1 -Cape Fe ar Paving LL� c
c. I'crscin Icg:illy resjnulsihlc l�ctr perini r—� •� �j--�-�''�` 7t�rk
[I. I�ucilit}' n:lnli: f(lis4h;u'L�('I
e. Facility address:
t. kicility cauttact person:
ir;l \II I. a,[
il,lanaainci Member-Caoe Fear Pavinc LLC
't'itic
310 Sampson Street
I'innil I[olcic! M ailiui,:ldliliti�
Wilmington NC 28'101
- � ("'i[y suic Lila
1910 )794-1.341 lceithsacaljefearpavincl.coitl
_ I'hnne l -mail Addres,
Cape Fear Paving LLC
310 Sampson Street=
,lddrei�
1.0.1ndngton NC 2_.8.401" --
Cily snru Zip
Keith Stark
V i rsl NO I .a-'t
1910 ) 794-1341keiths@capefearpavi[1g.com
P11411Ir ti.-mait ArlJresc
Rcd d 20121,p123

NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact infurmation (iI'd ifferent from the person legally respm%ible for the permit)
Permit contact: NamFirm IN11 Lam
'i'irle
Mailing Address
City Si:nc Zip
i'hunC H-mail Address
V. Will the permitled Cacility cominue 10 conduct the sank industri;il acti►litics condticled {prior
10 Ibis ownership or name change?
® 1'cs
❑ No (plewQ explain)
VI. Required Items: '1'llIS AI'PLICA'I'IQN W11,1. BE.' REl'URNE'D UNPROCESSED IF I'I'EIAIS
ARF" INCONII'I,l '11' OR NIISSING:
© This compleled .lpplic.11ion is required for h11th mime change :old/or ownership change
requesls.
® Legal documenullion of the tr:msl'er of owitership (such as rele►•ani pages oC:i conlracl deed.
or a hill of sake) is required for :in ownership change request. Articles of incorporation are
nol S11(licient Ills' all ownership change.
......................................................................................................................
The certifications 11CIUW must be 01111p1CICd :1111 Signed by 1)0111 the I)crnlil holder prior• lei tllc change, and
the new applicant in Ilse case of an ownership change re(Itlest. For:111:1111e change regucst. idle signed
Applicant's C enific:ition is sufliciew.
PE?Ki1'11'I"I'I':I: CE R'I'lFICA'I'I(lN (Perron holder prior it) o►►itership change):
1. 1 1 Wesl Ihal this:ipplicalion fora ruimett)%vvership change has been reviewed and is accurate and
Complelc to the hest of my knowledge. I uridersl,llul 111a1 if nll required partS ol'thiS ,Ipplic:ition :ire not
conlplefed,ind that if'all required supporting inlilrni:itii.m is not included, tliSapplic:ation paCkal_;r will he
retlimed as incomplete.
/2_A��� )I 22-ozi-C) J3
Siguaillre I�u1e
CvR'1'IFICA'1'I()N
attest that this' :Ipplic:lliotl iilr a n:nrie/ownership change leas been rCViC%VCd and is accurate and
compleie to II1C hest of rlly knowledge. I tlnderSWIld 111,0 if,lll required parts of phis application :ire not
Completed a11d 111,11 II all required stipponing Ird'orimition is 1101 IrlChidCd. this :11lpIiC:IIl011 pack.ige will he
retool tl. incunlplelc.
Sigmim re Dale
I'I,h,r151t: tilsNU'I'lIl: (:O11I1'L,I?'1'i'; APPLICA'1'10N PACKAGE.'1'0:
Division of W-,tier Quality
Surface Walcr Prolection Section
1617 N,hil Survice Center
Raleigh. Norili Carolina 27699-1617
Reoesw IMM

ril't4l)h
RUM
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
Tracy E. Davis, PE, CPM
Director
August 12, 2013
John Pfleger
Waste Industries LLC
3301 Benson Dr STE 601
Raleigh, NC 27609
Pat McCrory, Govenor
John E. Skvada Ili, Secretary
Subject: NPDES General Permit NCG080000
Certificate of Coverage NCGO80780
A-1 Sanitation Wilmington
New Hanover County
Dear Mr. Pfleger:
Division personnel received your request to revise your stormwater permit Certificate of Coverage to
accurately reflect your new company and/or facility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the
General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under
the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency.
If you have any questions, please contact the Stormwater Permitting' Program at 919-807-6300.
Sincerely,
for Tracy E. Davis, Director
cc: Wilmington Regional Office
Central Files
Stormwater Permitting Program
Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hft :I! ortal.ncdenr.or /webA
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080780
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Waste Industries LLC
is hereby authorized to discharge stormwater from a facility located at
A-1 Sanitation Wilmington
310 Sampson St
Wilmington
New Hanover County
to receiving waters designated as Cape Fear River, a class SA, HQW, in accordance with the effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, IV, V and VI of
General Permit No. NCG080000 as attached.
This certificate of coverage shall became effective August 12, 2013.
This Certificate of Coverage shall remain in effect for the duration of the General Perrnit.
Signed this day August 12, 2013.
for Tracy E. Davis, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission

nevcrl) {laves i'ctdue, Governor
Dec I'teetuan, Secretary
North Carolina Department of r.nvirin rnvnt and Nalur;d RCSOnrCCS
Colcen IL Sullins, Ditcctcu
Division of Water Qmtlity
�:� '€w��t�,;r� tv.r:.z�l'E��2MIT;N,AM-EIOWNEI2SH,IP�CHA`h
['lease enter the permit number for which the change is requested
NPDI S Permit (or) Certificate of Coverage
N C S1 0 1 1 N IQ 'G 0 1 8 1 (} 1 7 1___S_.j. {}
11. Permit status ILrior to requested change.
a. Permit issued to (company name): Repuhlic Services of NC, LLC
b. Person legally responsible for permit: Drew Isenhour
First Last
Area President
Title
P.O. Box 2943
1'ertstit IMde:r Mailing Address
`o Hickory NC 28603
v City State Zip
c _
(828 6J5 2050 (828) 464 922 6, ��
Phone Fax
c. Facility name. (discharge):
d. Facility address: 310 Sampson Street
Address
Wilmington NC 28401
City State Zip
e. Facility contact person: Drew Isenhour - - - [phone]
First 1 Nil / Last Pkmne
Ill. Please provide the fallowing for the requested ch kilige (revised permit).
a. Request for change is a result ol'-. ® Change in ownership ol'the facility
❑ Name change ol'the facility or owner
If outer please explain:
h, Permit issued to (company name):
c. Person legally responsible for permit
JAN 0 2 2013
DENR - WArER QUAUTY
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Waste Industries, LLC
John
Pfleger
First
N41 Last
�rSpecialist
'Dille
3301 Benson Drive, Suite 601
Permit Molder Mailing Address
Raleigh NC 27609
City
[phone]
State `Lip
john.pfle ger wasteindusiries.corn
Phone
E-nutil Address
310 Sampson Street
Address
Wilmington NC 28401
City State rip
John Pfleger
First MI Last
[phone] [e-mail]
Phone E-mail Address
18000.361 — 723,183 v l

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
1V. 1'ermit contact information (if different from the person legally responsible for the permit)
Permit contact:
First Nil L.Ist
Tine
Mpihng Address
City State Zip
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change''
® Yes
❑ No (please e,,plain)
V1. Required Items: 711M APPLICATION WILL BE' RETURNED UNPROCESSED IF 1TENIS
ARE, INCONIF'L11"Th Oil NUSSINC:
® This completed Application is required for both name change and/or ownership change
requests,
® Leg1.11 doct111rentittiOn of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required foe an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The ecrtil1CaL6 .ms below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. for a name change recluest, the signed
Applicant's Certification is sufficient"
PERMITTI,�IJ CERTIFICATION (Permit holder prior to ownership change):
I, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this applicalion package will be
returned as incom etc.
6,W �-;qqz.
Signature Dale
APPLICANT CERTIFICATION
I, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of niy knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
%6/)7/1Z
Signature Date
PLEASE SEND T1IE COMPLETE APPLICATION PACKAGE TO:
Uivision of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
18000 361 — 723,193 v l

John Pfleger
Sr. EHS Specialist
Waste Industries LLC
3301 Benson Drive, Suite 601
Raleigh, NC 27609
919.877.7523 [Direct]
919.325.3018[Fax]
iohn.i)fleger@wasteindustries. com
December 31, 2012
Division of Water Quality Representative:
I have attached completed surface water protection permit property ownership change forms for
the Waste Industries property at 310 Sampson Street, Wilmington, NC 28401. Forms are
accompanied by relevant pages of the asset purchase agreement and a letter of coverage
naming Waste Industries, LLC as the owner.
Forward updated permits to my attention at 3301 Benson Drive, Suite 601, Raleigh, NC 27609. If
anything else is necessary to complete this change please contact me using my e-mail or cell
phone [phone].
Sincerely,
John Pfleger
Sr. EHS Specialist

Lei � , 'r
a, riL �G�tdt�ierlsYcntue,Ciuvern�;�
re��� )cc earl , , e,ut uy
�� 1711(f?�]'ma I arl�jC�Q G'n�(1 iV ll111f tii D S C'.OICCrr 11. Sullins, l cto
Division of Waun Quality / J
CE WPATElt tl'120TC e TIOMSECTION� _ ^�
`NAME101?VNERSIIP,CHANGE FORM t
Lr t�erniit num
NPDES Permit
which the change is requested.
(or) Certificate of Coverage
9')
iuit status aL'inr to requesie ctfrnge.
I'ermi� t is5� to mpany name): Republic Services of'NC, LLC
Person legally resp nsible for permit: Drew Isenhour
° First MI Last
c. Facility name (discharge):
d. Facility address:
Area President
"Title
1'.O- Box 2943
Permit l loldo Mailing Address
1-1 ickory NC 29603
City State Zip
[phone] [phone]
]'hone Fax
A-1 Sanitation Sediment Basin
Tract 1, Mid River Industrial Park
Wihmingi
City
Address
NC
Stale
C. Facility contact person: DrA Isenhour (828
First �M I 1 Last
Ill. Please provide the following for the regocsted change (revised permit).
a. Recluest for change is a result of- Change in ownership of the facility
❑ Namc,change of the facility or owner
If other please e_rploin:
b, Permit issued to (company name);
c. Person legally responsible for permit
Waste Industries, LLC
284010
/-it)
)G95-2050
Phone
John\ Pflc gcr
First MI Last
Sr 9}1 ' S+•- 44A.Specialist
Title
3301 Benson Drive, Suite 601
Permit ]older Mailing Address
Raleigh NC 27609
City State `Zip
919 325-3000 ohm. 7Jer a wasteindustries.cont
Phone iLAJdress
d. Facility name (discharge): A-1 San itatior Sediment Basin
c. Facility address: Tract I, fylid River n u 1 ar
Address
Wilmington NC 28401
City State Zip
f. Facility contact person: John Pfleger
First Nil Last
[phone] john.pfleger i w ist_eindusiries.cont
Phone E-mail Address
18000.361 — 723478 v I

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact:
first Nil bast
Tide
Mailing Address
City State lip
)
!'hone F-mail Address
V. Will the permitted facility continue to conduct the same industrial aclivities conducted prior
to this ownership or nar►lc change?
® Yes
❑ No (please explain)
VI. Required Items: "I'111S APPLICATION WILL BE RETURNED UNPROCI SSEU IF ITEMS
ARE INCONIPLETE Olt NIIISS1NG:
This completed application is required for both name, change and/or ownership change
requests.
® Legal documentation 01'111e transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is requires! Ior an ownership change request. Articles of incorporation are
not suflickcnt for an ownership change.
.....................................................................................................................
The ccl1ifica6011s below roust be completed and signed by both the permit holder prim' to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PN IZY11I I'TEE CERTIFICATION (Permit holder prior to ownership change):
I, , attest that this application fora mime/ownership change has been reviewed and is accurate and
complete to the best of trty knowledge. I understand that if all required parts of this application arc not
completed and that if all required supporting info'n ation is not included, this Application package will be
returned as i complete.
f�-W ll 9-,Zq-fz
Signature Datc
APPLICANT CERTIFICATION
1, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if al l required parts of this application are not
completed and that if all required supporting in1UClnatmon Is not included, this application package will be
returned as incomplete,
la /%'7/2-
Signature Date
PLEASE SEWN THE COMPLETE, APPLICATION PACKAGE. TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
18000.361 — 723,178 v I

ASSET PURCHASE AGREEMENT
THIS ASSET PURCHASE AGREEMENT (the "Agreement") is executed and delivered
effective as of March 15, 2012, by and among Waste Industries, LLC, a North Carolina limited
liability company ("Buyer"), Republic Services of North Carolina, LLC, a North Carolina
limited liability company ("Seller"), and Sampson County Disposal, LLC, a North Carolina
limited liability company ("Sampson Disposal").
b f, f RECITALS
A. Seller owns and operates a commercial and residential waste collection and
hauling business in and around Wilmington, North Carolina (the "Business") from a facility
located at 310 Sampson Street, Wilmington, North Carolina 28401.
y- GJrS /0c%rslr-ie %
B. Buyer desires to purchase and acquire the assets, properties and contractual rights
used or held for use by Seller in connection with the Business, and Seller desires to sell such
assets, properties and contractual rights to Buyer, all in accordance with the terms and conditions
set forth in this Agreement. r Pay
C. As part of the consideration for the Transactions, Sampson Disposal has agreed to
assume certain closurelpost-closure obligations of Seller's Affiliates related to the Sampson
County Landfill, as more fully described in Section 1.3(b) of this Agreement.
D. Except as the context otherwise requires, capitalized terms used in this Agreement
shall have the meanings assigned to them in Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises and covenants in this
Agreement and other good and valuable consideration, received to the full satisfaction of each of
them, the parties agree as follows:
ARTICLE 11
SALE OF ASSETS��6f
1.1 .1 Sale of Assets by Seller. On" the terms and subject to the
conditions set forth in this Agreement, at the Closing, Sel er shall grant, convey, sell, transfer,
deliver and assign to Buyer, Buyer shall purchase from Seller, all of the following assets, in
each case to the extent used or held for use by Seller in connection with the Business (the
"Assets'), but excluding the Excluded Assets, free and clear of all Encumbrances, except
Permitted Exceptions:
(a) the Owned Real Property;
(b) , all Permits listed on Schedule 1.1(b);
(c) all Equipment set forth on Schedule 1.1 0;

Schedule 5.4(a)
Owned Real Property
(i) 310 Sampson Street
Wilmington, NC 28401
See attached for legal description.
(ii) None.
(iii) The total property is approximately 5.2 acres (Book 2593 Page 0586 of the New Hanover
County registry). Approximately 2,700 square feet of the property is office space, including five
bathrooms, 10 offices, 1 reception desk, kitchen area and drivers' area. Approximately 4,000
square feet of the property is used as the shop. Approximately 2,400 square feet of the property
is used for storage on the second floor. There is one covered wash bay area, and a customer and
employee concrete parking lot with 38 parking spares.
DMWEST #8816891 V3

•
chedule 5.3 a
Specified Assets
None.
•
0 RMWESTNW6891 v3

repairs of. the Assets otherwise required in accordance with industry standard and Seller's
standard practices.
5.4 Real -Property.
(a) Schedule 5.4(a) sets forth (i) the street address and legal description of
each parcel of the Owned Real Property, (ii) the street address and legal description of each
parcel of real estate contiguous or adjacent to the Owned Real Property (x) owned or leased by
Seller or any Affiliates of Seller, or (y) which Seller or any Affiliates of Seller have a contract or
right to purchase or lease as of the Execution Date, or (z) which are used by Seller or any
Affiliates of Seller in connection with the Owned Real Property (such real property, if any, being
the "Additional Property"), and (iii) a brief description (including size) of the principal
improvements and buildings on the Owned Real Property and Additional Property. With respect
to each such parcel of the Owned Real Property, except as set forth on Schedule 5.4(a):
(i) Either Seller or an Affiliate thereof, has good and marketable title
to the Owned Real Property, free and clear of any Encumbrances other than Permitted
Exceptions;
(ii) There are no pending or threatened in writing condemnation
proceedings, suits, administrative actions or other Proceedings relating to the Owned Real
Property or other matters affecting adversely the current use, occupancy or value thereof;
(iii) To the best of Seller's knowledge, the legal descriptions for the
Owned Real Property contained in the deeds thereof describe such parcels fully and adequately;
the buildings and improvements are located within the boundary lines of the described parcels
of land, are not in violation of applicable setback requirements, local comprehensive plan
provisions, zoning laws and ordinances (and none of the properties or buildings or
improvements thereon are subject to "permitted non -conforming use" or "permitted non-
conforming structure" classifications), building code requirements, permits, licenses or other
forms of approval by any Governmental Authority, and do not encroach on any easement which
may burden the land; the land does not serve any adjoining property for any purpose
inconsistent with the use of the land; and the Owned Real Property is not located within any
flood plain (such that a mortgagee would require a mortgagor to obtain flood insurance) or
subject to any similar type restriction for which any permits or licenses necessary to the use
thereof have not been obtained;
(iv) All facilities have received all approvals of any Governmental
Authority (including Permits) required in connection with the ownership or operation thereof
and have been operated and maintained in all material respects in accordance with applicable
laws, ordinances, rules and regulations;
(v) There are no contracts granting to any party or parties the right of
use or occupancy of any portion of the Owned Real Property;
(vi) There are no outstanding options or rights of first refusal to
purchase the Owned Real Property, or any portion thereof or interest therein;
12

Attorneys Title
Carolyn Fitzmarrla Lang
Attorney at Law
PO MaWer 17603
Raleigh, NC 27819
P: [phone].
F: (919) 7814966
April 26, 2012
File No. .12R196716
Owner: Waste Industries, LLC
Property: 310 Sampson Street, Wilmington, NC 28401
Attorneys Title
150 Fayetteville Street, Suite 510
Raleigh, NC 27601
Phone: [phone]
Fax: [phone]
Email: ralefgh@attorneystitle.00m
Waste Industries, LLC
Amount Due: $0.00
Owner Coverage: $860,000.00
U
Feel free to contact Sheila Cecconl([e-mail]) should you have any questions or
concerns. We appreciate your business. We value yourloyalty. Connect to the Source.
AttorneysTltle.com
Attorneys Me
12M96716

INA
�0 19Q Michael F. Easley, Governor
William G, Ross Jr., Secretary ,
North Carolina Department of Finvironment and Natural Resources
Alan W. Klimek, P.C. Director "
Division of Water Quality
January. 26, 2007
Ms. Ellen Daniels, General Manager
Republic Services of NC
A-1 Sanitation, Wilmington
1220 Commerce Street SW Suite A • '
Conover, North Carolina 28613
Subject: General Permit No. NCGO80000
Republic Services of NC
A-1 Sanitation Wilmington
COC No. NCC080780
New Hanover County
Dear Ms, Daniels:
In accordance with your application fora discharge permit received on October 11, 2006, we are
forwarding herewith the subject certificate of coverage (COC) to discharge under the subject state —
NPDES general permit. This pen -nit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection Agency'datcd May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the
Division of Water Quality.- The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage. This pen -nit does not affect the legal requirements to obtain,
other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Actor any other- federal or local governmental
permit that may be required.
With respect to'yout question concerning adding a second, new facility to this pennit, the new
facility, once completed, will have to apply for a separate permit. If you have any questions concerning'
this permit, please contact Bill Diuguid at telephone number [phone] ext. 382.' ,
Sincerely, .
Q;AL. SIGNID By
SRADLEY° FIENNE' T'
Alan W. Klimck, P.E.
cc: Wilmington Regional Office
Central Files
Storrnwater Permitting Unii.Files' .
Attachments No chCarolitia
,Nalurallf
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwlleLquality..org Location: 512 N. Salisbury St.'_ , Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/i 0% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
' DIVISION OF WATER QUALITY
GENERAL PERMIT NO: NCGO80000
CERTIFICATE OF COVERAGE No. NCGO80780
STORMWATL'•R DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM "
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Republic Services of North Carolina, LLC
is lie'reby authorized to discharge stormwater from a facility located at
A4 Sanitation Wilmington
5
310 Sampson Street ;
Wilmington
't
New Hanover County
to receiving waters designated as Cape Fear River, Class SA, I-IQW, , in accordance with the effluent limitations,
monitoring requirements, and other conditions set forth in Parts I, II, I1I, IV, V and VI of General Permit No,
NCG080000, as attached..
This Certificate of Coverage shall become effective January 26, 2007. _
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day January 26, 2007.
Qy
1, A1�L Fy ZENNEI TT
Alan W. Klimek, P.E. Director
Division of Water Quality
By Authority of the Environmental Management Commission.

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