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HomeMy WebLinkAbout7407_Pitt_CandDLandfillInc_20191206_GWCAApp_FID1378617wood. December 6, 2019 Ms. Jaclynne Drummond Compliance Hydrogeologist Solid Waste Section, Division of Waste Management North Carolina Department of Environmental Quality 2090 U.S. 70 Highway Swannanoa Asheville, NC 27887-8211 RE: CORRECTIVE ACTION PERMIT MODIFICATION C&D LANDFILL PITT COUNTY, NORTH CAROLINA PERMITS 74-07 Dear Ms. Drummond: On behalf of C&D Landfill, Inc, Wood Environment & Infrastructure Solutions Inc. (Wood) is requesting a corrective action permit modification forthe C&D Landfill at 802 Recycling Lane, Greenville, North Carolina (Site; Figure 1). Background The Site is an active construction and demolition debris landfill permitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Waste Management (DWM), Solid Waste Section (SWS) under Permits 7407-CDLF-2001 and 7407-CDLF-2009. The Site currently consists of two phases (Figure 1). A third phase is in the planning stages. Phase 1 became operational in 2001 and Phase 2 became operational in 2009. Phase 1 has been filled to capacity; however, settling of the waste may result in temporary continued operation. Phase 2 is expected to be filled in approximately five years. Groundwater and surface water monitoring have been performed at Phase 1 since May 2001, and at Phase 2 since August 2009. Both phases are in the assessment stage of the Assessment and Corrective Action Program for C&DLF Facilities and Units and water quality monitoring is conducted semi-annually in May and November. An Assessment of Corrective Actions (ACM) Report was prepared in October 2017. The fourth and final baseline monitored natural attenuation (MNA) sampling event was completed in Spring 2019. Site Location Phases 1 and 2 are separated by a channelized central drainage feature that originates onsite and predates either phase of the landfill (Figure 1). Phase 2 is located north of the drainage feature, while Phase 1 is located to the south. Both phases are isolated from their surroundings by tributaries to Grindle Creek and wetlands. Permitting studies have established the adjacent water bodies as on -site discharge points for the uppermost aquifer. Downgradient areas consist of agricultural and wooded marshland leading to Grindle Creek and on to the Tar River. Much of the downgradient area is beneath the 100- year flood level and is not anticipated to undergo development. No groundwater users have been 0 C&D Land fill, Inc. Corrective Action Permit Modification wood. identified down gradient of the site. The groundwater in the uppermost aquifer is intercepted by the surface streams within and just beyond the facility boundary. Water Quality Monitoring Network The groundwater monitoring network consists of 12 wells within Phase 1 and 10 wells within Phase 2 (Figure 2). Within Phase 1 there is one upgradient, background well (MW-1S), eight downgradient compliance wells (MW-2S, MW-3S, MW-4, MW-5, MW-6, MW-7, MW-3A, and MW-8), and three deeper wells (MW-1D, MW-2D, and MW-3D). Within Phase 2 there are three upgradient wells (MW-9A [background], MW-16, and MW-17), six down gradient compliance (MW-10, MW-11, MW-125, MW-13, MW-145, and MW-15), and one deeper well (MW-14D). Four surface water sampling locations (SW-1, SW-2, SW-3, and SW-4) are defined at the Site (Figure 1). Sampling locations SW-1 and SW-2 monitor the tributary on the south side of Phase 1, which originates offsite to the east with SW-1 monitoring background conditions. Sampling locations SW-3 and SW 4 monitor the tributary on the west side of Phase 2, which originates offsite to the north with SW-4 monitoring background. Water Quality The volatile organic compounds (VOCs) benzene and vinyl chloride (VC) are consistently reported in groundwater samples from some shallow Site monitoring wells at concentrations that exceed the Groundwater Protection Standards (GWPSs), which are the 15A NCAC 2L .0202 Groundwater Standards (21- Groundwater Standards). Other VOCs have been reported in samples from Site monitoring wells, but the VOCs are not consistently reported, or the concentrations do not consistently exceed their GWPSs. VOCs are not reported in samples from wells screened in the deeper aquifer. Beginning in Fall 2018 and as required by SWS, groundwater samples have been analyzed for 1,4-dioxane using EPA Method 8260 with Selective Ion Monitoring (SIM) to provide a lower detection limit. Using EPA Method 8260 SIM, the laboratory has reported 1,4-dioaxane concentrations exceeding the GWPS in samples from most monitoring wells. 1,4-Dioxane is an emerging contaminant and it's reported presence in still being assessed. Therefore, 1,4-Dioxane in groundwater will not be addressed by the selected groundwater remedy at this time. Metal including arsenic, cobalt, and vanadium are consistently reported in groundwater samples from some Site monitoring wells at concentrations that exceed the Groundwater Protection Standards (GWPSs), which are the 2L Groundwater Standards or Interim Maximum Contaminant Limits (IMACs). These metals appear to be naturally occurring and an Alternate Source Demonstration (ASD) may be conducted to compare the reported concentrations to background concentrations. Metals will not be addressed by the selected groundwater remedy at this time. Selected Remedies Based on the results of the ACM, the primary remedy selected for VOCs in Site groundwater is MNA. MNA is appropriate because VOC concentrations are limited to the shallow aquifer, groundwater monitoring data indicates that natural attenuation of VOCs is occurring, and concentrations near the perimeter of the site are not increasing. Therefore, MNA will be effective, protective of human health and the environment, as well as efficient implementation. C&D Land fill, Inc. Corrective Action Permit Modification wood. The MNA remedy will be supplemented by capping the landfill cells with an impermeable barrier when the cells are closed. Phase 1 is nearing closure, but its service life may be extended, and Phase 2 is expected to close in approximately five years. Capping will help prevent infiltration of surface water through potential sources of VOCs in the vadose zone and into groundwater. Additionally, capping may lower the water table beneath the cells, preventing potential sources of VOCs at the groundwater -soil interface from impacting groundwater. Permit Modification Application The North Carolina Solid Waste .0545 Groundwater Corrective Action Permit Modification Application is included as Attachment 1 to this letter. Documentation of the public meeting that was held on December 14, 2018 to discuss the ACM is provided as Attachment 2, the Site's Solid Waste Management Facility Permit is provided as Attachment 3, and the Site's current financial assurance instruments (including for Potential Assessment and Corrective Action [PACA]) are provided as Attachment 4. Closing If you have any questions concerning this schedule, please contact Sheri Knox at (919) 381-9913 or Damian Hriciga at (919) 381-9352. Sincerely, Wood Environment & Infrastructure, Inc. Damian Hriciga, PG Senior Geologist Sheri L. Knox, PE Associate Engineer Attached: Figure 1 Monitoring Well and Surface Water Sampling Location Map Attachment 1 North Carolina Solid Waste .0545 Groundwater Corrective Modification Application Attachment 2 ACM Public Meeting Documentation Attachment 3 Facility Permit Attachment 4 Financial Assurance Documentation (incl. PACA) cc: Wayne Bell, C&D Landfill, Inc. Action Permit _ MW-9A' r y� MW-15 . - N Ile e. P MW-14D ; MW-13 ' Phase 2 • .; MW-1 D MW-12S / m vv -ts I kh hiyba 1 F. Legend •�. .. SW-2-- ® Surface Water Sampling Locationjr It • F` Shallow Monitoring Well Deep Monitoring Well \IF 11,1111 1 0 200 400 -Approximate Stream Location Feet Site Boundary Source. Esri, DigitalGl , - oEye, Earthstar Geographics, CNESSite Boundary Esri„ Earthstar Geographics, CNES/Airbus��, AeroGRID, IGN, and th �i= ser'Community SITE: TITLE: Figure C8\D Landfill 9 802 RECYCLING LANE GREENVILLE, NC 27834 MONITORING WELL AND SURFACE WATER SAMPLING LOCATION MAP CLIENT: w W 0 do C8\D LANDFILL INC. SCALE: 1 "=200' DATE: 11/01/2019 PROJECT: 6480199035 Wood Environment 8\ Infrastructure Solutions, Inc. 4021 Stirrup Creek Drive, Suite 100 DRAWN BY: D. Hriciga CHECKED BY: S. Knox Durham, NC 27703 (919) 381-9900 LOCATION: PAGovernment\State\NC\NC DENR DSCA\DSCA Projects\DC640004 - CleanCleanDrycleaners\ 565480142_PAR\Figures ANNIX-VAMA NCDENR North Carolina Department of Environment and Natural Resources Division of Waste Management Solid Waste Section North Carolina Solid Waste .0545 Groundwater Corrective Action Permit Modification North Carolina Solid Waste .0545 Groundwater Corrective Action Permit Modification Application Groundwater assessment is required if one or more constituents listed in Appendix I are detected above the current groundwater quality standards in accordance with 15A NCAC 02L .0202 in any sampling event. Due to the detections of groundwater exceedances at this solid waste management facility pursuant to 15A NCAC 13B .0545, corrective action is required. An assessment of corrective measures, a selection of a remedy, a corrective action plan, and implementation of the approved selected remedy and corrective action plan are required at this solid waste management facility. In accordance with 15A NCAC 13B .0545,within 30 days of selecting a remedy, the permittee must submit an application to modify the permit describing the selected remedy to the Division for evaluation and approval. The application must be subject to the processing requirements set forth in Rule 15A NCAC 13B .0533(c). The application must include the demonstrations necessary to comply with the financial assurance requirements set forth in accordance with Rule 15A NCAC 13B .0546. Please complete the North Carolina Solid Waste .0545 Groundwater Corrective Action Application and please attach the following: (1) A copy of the minutes from the required public meeting discussing the Assessment of Corrective Measures; (2) A signed resolution/proclamation/document adopting the selected remedy, (3) A site map designating the locations of the groundwater monitoring wells and surface water monitoring locations that will or may be impacted by the selected remedy, (4) Any draft conceptual schematics/figures/plans relating to the selected remedy, (5) A list of any required registrations, permits, and approvals, (6) A copy of the facility's permit issued by the Solid Waste Section, (7) A copy of the facility's closure letter/permit issued by the Solid Waste Section, and (8) An amendment to the Financial Assurance mechanism, including a detailed breakdown cost estimates for closure, post closure, and corrective action. Please send or email the completed application and the attachments to NCDENR-DWM, Solid Waste Section, Compliance Unit, 1646 Mail Service Center, Raleigh, NC 27699-1646. This application and any documents attached to this application are "Public Records" as defined in NC General Statute 132-1. As such, these documents are available for inspection and examination by any person upon request (NC General Statute 132-6). Please type all information. I. Site Identification Permit Number: 74-07 Facility Name: C&D Landfill, Inc. Facility Physical Address: 802 Recycling Lane City: Greenville County: Pitt Waste Type: C&D Zip: 27834 GWCA .0545 Application - Page 1 of 3 II. Owner and Operator Information ❑X Check box, if owner and operator are the same. Owner Name: C&D Landfill Inc. Address: 802 Recycling Lane, Greenville, NC 27834 Phone Number: 252-757-0023 Operator Name: Address: Phone Number: III. Groundwater Corrective Action Selected remedy (include additional lines if needed): (1) Monitored Natural Attenuation (2) Landfill Capping (3) Contingency Plan A: Contingency Plan B: IV. Project Schedule (upon Division approval) Approximate Date of Remedy Construction Completion (if applicable): MNA 11/2020, Capping 2024 Approximate Date of Implementation of Remedy: MNA 11/2020, Capping 2024 Approximate Date of MNA Baseline Sampling Completion (if applicable): Bond (see attached) Approximate Date of Submittal of the Corrective Action Evaluation Report: 10/2021 V. Financial Assurance Financial Assurarance Mechanism: Bond (see Based upon the Assessment of Corrective Measures, Total Cost Estimate for Selected Remedy Utilized for at Least 30 Years: $ 1,000,000.00 VI. Environmental Consultant Consulting Company: Wood Environment and Infrastructure, Inc. Address: 4021 Stirrup Creek Drive, Durham, North Carolina, 27703 Phone Number: 919-381-9900 GWCA .0545 Application - Page 2 of 3 VH. Signatures To the best of my knowledge, the information reported and statements made in this North Carolina Solid Waste .0545 Groundwater Corrective Action Application are true and correct. I am aware that there are significant penalties for making any false statement, representation, or certification including the possibility of fine and imprisonment. If Owner and Operator are the same, please sign for Owner and type or write SAME for Operator. Owner Owner Name (Printed or Typed): Wayne Bell Owner Signature: 1 ; Date: Operator Operator Name (Printed or Typed): Wayne Bell Operator Signature: ' ` Date: NC Professional Geologist r Professional Engineer Name (Printed or Type i Hriciga Signature: Date: Affix NC Professional Geologist or Engineer Seal: . ,o�r,rrnm rrrrr y rr-4 AR0 10. 245 � a r z �`• q1L %G . ~�ww....M•� I�tfff/1111{lirrl�,r, CYWCA .0545 Application - Page 3 of 3 FA 0 Media of East Carolina Key West Citizen - Florida Free Press- Paradise The Daily Reflector - The Daily Advance - The Rocky Mount Telegram Bertie Ledger- Chowan Herald - Duplin Times- FarmAle Enterprise - Perquimans Weekly Standard Laconic - Tarboro Weekly - Times Leader - Williamston Enterprise PO Box 1967 Greenville NC 27835- (252) 329.9500 Date: November 15, 2018 - CLASSIFIED RECEIPT - Thank you for advertising with us! This is the proof of your ad scheduled to run on the dates indicated below. If changes are needed, please contact Kim Bandy by phone at (252) 407-9907 or email at kbandy@rmtelegram.com. CUSTOMER INFORMATION Account#: 118940 Name: EJE RECYCLING & DISPOSAL, INC. Address: 802 RECYCLING LANE GREENVILLE NC 27834 Telephone: (252) 752-8274 Email: amanda@ejerecycle.com AD INFORMATION Ad ID: 264906 Run Dates: 11/15/18 to 11/21/18 Total Cost: $568.40 Account Rep: Kim Bandy Phone #: (252) 407-9907 Email: kbandy@rmtelegram.com Publications: Daily Reflector Another Look TMC Farmville Enterprise Times Leader Grifton Reflector.com PAYMENTS DATE METHOD CARD TYPE LAST 4 DIGITS EXPIRES CHECK 4 AMOUNT PAID 11/14/2018 CCMC 0899 $568.40 Total Cost: $668.40 Paid Amount: - $668.40 Amount Due: $0.00 Thank you for advertising with us! Your ad Ad shown is not actual print size Notice of Public Meeting December 14, 2018 6 p.m. to 8 p.m. C&D Landfill, Inc. has operated a Con- struction & Demolition Debris Landfill (CDLF) located at 802 Recycling Lane, Greenville, under North Carolina Solid Waste Permit 7107-CDLF-2009. Solid Waste Rule 15A NCAC 13B .1635(d) requires the Facility to conduct a public meeting to discuss an Assess- ment of Corrective Measures (ACM) performed in response to exceedances of the Ground Water Protection Stan- dards. The meeting will be held at Whitehurst Lake House, 1515 Sticks Rd, Washing- ton, NC 27889. A copy of the Assess- ment of Corrective Measures is avail- able for review at the site during normal business hours in the offices of EJE Recycling, Inc./C&D Landfill, Inc. Questions should be directed to Wayne Bell at wayne@ejerecycle.com or Tel. 252-752-8274. If payment was made by debit/credit card, payment will show up on your statement as APG East. Any chargebacks Will be subject to a $25.00 fee per transaction 11/13/2019 Receipt 317384154415 WASHINGTON DAILY NEWS WASHINGTON , NC 27889 252-946-2144 11/13/2018 03:06:55 PM Ref #: 317384154415 Authorization Code: 06266J Total: $487.00 USD Card Number: 54XXXXXXXXXX0899 Card Holder: WAYNE BELUEJE RECYCLING Thank you! Signature ® 2018 Boone Newspapers. All rights reserved. hops://cardpointe.mMaccounl/receipt/R317384154415 I/I Permit i 7407 �' C&D Landfill, Inc. `. April 6, 2015 NCDENR Document ID No. 24085 18 Page 1 of 18 North Carolina Department of Environment and Natural Resources Division of Waste Management Pat McCrory Linda M. Culpepper Donald R. van der VaalI Governor Director Secretary STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No. 74-07 C&D LANDFILL, INC. is hereby issued a PERMIT TO CONSTRUCT 7407-CDLF-2009 C&D Landfill Inc. — Phase 2B PERMIT TO OPERATE 7407-CDLF-2001 C&D Landfill Inc. — Phase 1 7407-CDLF-2009 C&D Landfill Inc. — Phase 2A and 2B (Cells 6 and 7) PERMIT FOR CLOSURE Not Applicable Located at 802 Recycling Lane, east of Greenville, Pitt County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description of the site is identified on the deed recorded for this property listed in Attachment I of this permit. Edward F. Mussler, III, P.E. Permitting Branch Supervisor Solid Waste Section 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone:919-707-8200 Internet: http://portal.ncdenr.org/web/wm/sw An Equal Opportunity 1 Affirmative Action Employer Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 2 of 18 ATTACHMENT 1 GENERAL PERMIT CONDITIONS INFORMATION Permit to Operate Table Permit Status Issuance Expiration 7407-CDLF-2001 Active December 31, 2014 July 21, 2019 7407-CDLF-2009 Active April 6, 2015 July 21, 2019 Part I General Facility This permit is issued by the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A North Carolina Administrative Code (NCAC) 13B .0201(d), a solid waste management facilities permit shall have two parts: a permit to construct and a permit to operate. The permit to construct must be implemented in accordance with Attachment 2 of this permit. The permit to operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued ("permittee") are the owners and operators of the solid waste management facility. 3. The permit to construct for Permit 7407-CDLF-2001 issued April 26, 2001, was recorded in the Pitt County Register of Deeds on June 26, 2001, in Deed Book 1162, Pages 129-146. The permit to construct for Permit 7407-CDLF-2009 issued July 21, 2009, was recorded in the Pitt County Register of Deeds on August 8, 2009, in Deed Book 2658, Pages 108-124 [Document Identification Number (DIN) 8254]. 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must contain in the deed description section, in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a solid waste management facility and a reference by book and page to the recordation of the permit. 5. By receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Operation of this solid waste management facility shall be in accordance with the North Carolina Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the Chapter 130A Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 3 of 18 of the North Carolina General Statutes (NCGS)(130A-290, et seq.); the conditions contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, "List of Documents for Approved Plan," and which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the conditions of permit shall govern. 8. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g) the permittee shall notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual National Pollutant Discharge Elimination System Stormwater Discharge Permit. Issuance of this permit does not remove the permittee's responsibilities for compliance with any other local, state or federal rule, regulation, or statute. Properties Approved for the Solid Waste Management Facility Pitt County, NC - Register of Deeds Book Page Grantor Grantee Acres 1098 156 Ed A. Whitehurst, Sr. C&D Landfill, Inc. 34.21 2624 762 EJE Recycling Disposal, Inc., et al C&D Landfill, Inc. 125.93 MB 72 29 Recombination Survey Total Site Acreage 160.14 Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 4 of 18 Part III Construction and Demolition Landfill Unit(s) 7407-CDLF-2001, C&D Landfill Inc. 7407-CDLF-2009, C&D Landfill, Inc. Permitting History Permit Date Issued DIN Original Issue Permit to Construct, Phase IA April 26, 2001 6299 Original Issue Permit to Operate, Phase IA, Cell 1 May 29, 2001 6299 Permit to Operate, Phase IA, Cells 1, 2, & 3 August 9, 2001 6299 Permit to Construct, Phase I & 1B, Cells 1 through 8 November 12, 2002 6300 Permit to Operate, Phase I & 1B, Cells 1 through 6 November 18, 2002 6300 Permit to Operate, Phase I & 1B, Cells 1 through 8 December 16, 2002 636 Permit to Construct, Phase 2 July 21, 2009 8001 Permit to Operate, Phase 1, Cells 1 through 8 July 21, 2009 8001 Permit to Operate, Phase 1 and Phase 2A March 31, 2010 10133 Permit to Construct, Phase 2B Permit to Operate, Phase 1 and Phase 2A December 31, 2014 21814 Permit to Construct, Phase 2B Permit to Operate, Phases 1, 2A, and 2B (Cells 6 and 7) April 6, 2015 24085 In 2001, the site suitability was approved for the Phase 1 disposal area (Doc ID 6299). The C&D Landfill was permitted to operate Phase 1 on a parcel consisting of 34 acres. 2. In February 2008, the site suitability was approved for the Phase 2 disposal area (Doc ID 3890). The Phase 2 landfill added approximately 126 acres to the landfill property northwest of the Phase 1 property. 3. In 2009, the Phase 1 and Phase 2 property was combined into one parcel. The Phase 2 landfill unit, which is separated from Phase 1 by a stream, was permitted to operate in 2010. List of Documents for the Approved Plan Part I - Site Suitability Application for C&D Landfill Inc. dated December 2000. 2. Additional site suitability information dated 20 February 2001. 3. Memorandum dated 28 February 2001 from Cheryl Marks indicating that the hydrogeologic aspects of the C&D Landfill Inc. site met site suitability. 4. Initial construction plans and construction application dated March 2000 and received 6 April 2000. 5. Revised pages to the Water Quality Monitoring plan dated 2 April 2001. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 5 of 18 6. Memorandum dated 25 April 2001 from David Garrett to Cheryl Marks addressing monitoring well placement based on hydrogeologic modeling. 7. Updated Construction Plans and Construction application dated 25 April 2001. 8. Letter dated 7 May 2001 from Cheryl Marks approving the monitoring plan, as part of the Permit to Construct application. 9. Revised site plan for the construction of cells 1 thru 8 and revisions to the operating height of Phase IA. 10. Letter dated 23 August 2002 addressing the proposed construction changes and operational changes for C&D Landfill Inc. 11. Revised Operations Manual for C&D Landfill Inc. dated May 2001. 12. Certification letter dated 3 August 2001 from John Tucker addressing construction excavation limits for Phase IA - Cells 2 & 3. 13. Record drawings of as -built conditions dated 3 August 2001 for Phase I Cells 2 & 3. 14. Record drawings of as -built conditions dated 10 November 2002 for Phase lA Cells 5, 6, 7 and 8. 15. Construction certification letter dated 11 November 2002 from John Tucker. 16. Well installation certification document dated 2 December 2002 with a updated groundwater monitoring plan dated November 2002 from David Garrett, P.G., P.E.. 17. Revised monitoring well drawing dated 4 December 2002 for the addition of wells MW-9s and MW-9d. 18. Part I - Site Suitability Application for C&D Landfill, Inc. Phase 2. Prepared by John A. K. Tucker and David Garrett, Raleigh, NC. August 2003. 19. Permit to Construct Application, Phase 2, Site Characterization, Facility Plan, and Hydrogeologic Report. Prepared by David Garrett and John Tucker, Raleigh, NC. February 2008, revised through May 2009. DIN 7680 and 7686. 20. Groundwater Assessment Work Plan -Revised, Prepared by David Garrett & Associates, Raleigh, NC. June 22, 2009. DIN 7829. 21. Modifications to the Phase 2 Groundwater and Surface Water Monitoring Plan. Prepared by David Garrett. June 24, 2009. DIN 7987. 22. Construction Quality Assurance Documentation for C&D Landfill, Inc. Phase 2. Prepared by David Garrett. January 2010, revised through March 2010. DIN 10135. 23. Updated Permit Renewal Application, Revision 3.1, Phases 1 and 2 Permit to Operate, Phase 2B Permit to Construct. Presented by SCS Engineers, PC. Charlotte, NC. March 20, 2014. Revised through December 11, 2014. DIN 21812. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 6 of 18 24. Water Quality Monitoring Plan. Prepared by SCS Engineers, PC. Charlotte, NC. November 5, 2014. DIN 22474. 25. Landfill Gas Monitoring Plan. Prepared by SCS Engineers, PC. Charlotte, NC. November 5, 2014. DIN 22473. 26. Construction Quality Assurance Documentation for C&D Landfill, Inc. Phase 2B Partial. Prepared by David Garrett. March 5, 2015, revised through April 1, 2015. DIN 23978. Part IV Industrial Landfill Unit(s) Not Applicable Part V Land Clearing and Inert Debris Landfill Unit(s) Not Applicable Part VI Transfer Station/Treatment & Processing Unit(s) Not Applicable Part VII Miscellaneous Solid Waste Management Not Applicable - End of Section - Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 7 of 18 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT Part I: General Facility Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans included in Attachment 1, "List of Documents for the Approved Plan". 2. Modification or revision of any approved plan or changes during construction require approval by the Section and may constitute a permit modification and be subject to a permitting fee. 3. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act NCGS I I3A-50, et seq., and rules promulgated under 15A NCAC 4. The facility must furnish a copy of the approved Sedimentation and Erosion Control Plan from the NC Division of Energy, Mineral and Land Resources, Land Quality Section, to the Solid Waste Section. 4. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources, Land Quality Section. The Solid Waste Section must be notified of any modifications. 5. Facility construction must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirement under Sections 401 and 4040 of the Clean Water Act, as amended. 6. The initial, substantial, construction authorized by this permit to construct must commence within 18 months from the issuance date of this permit. If substantial construction does not begin within 18 months from the issuance date of this permit, then the permit to construct shall expire. Substantial construction includes, but is not limited to, issuance of construction contracts, mobilization of equipment onsite, and construction activities including installation of sedimentation and erosion control structures. The permittee may reapply for the permit to construct prior to the expiration date. The re -application will be subject to the statutes and rules in effect on that date and may be subject to additional fees. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition Landfill Unit(s) Pursuant to the NC Solid Waste Management Rules 15A NCAC 13B .0201(c) and (d)(1), this permit approves construction of Phase 2B of the landfill, consisting of approximately Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 8 of 18 13 acres with a projected gross capacity of 386,045 cubic yards in accordance with the approved plan reference in Attachment 1, Part III. Phase 2B includes Cells 6-10. Construction of Cells 6 and 7 occupying 4.29 acres was completed in March of 2015. 2. The permittee must conduct a preconstruction meeting at the facility prior to initiating construction of any unit/cell and must notify the Section at least 10 days prior to the meeting. 3. The following conditions must be met prior to operation of a new constructed area: a. Construction Quality Assurance documentation and a certification by the project engineer that the landfill was built in accordance with approved plans and the conditions of the permit must be submitted to the Section for review and approval in accordance with 15A NCAC 13B .0541. b. The edge of waste footprint must be identified with permanent physical markers, for both existing units and the new unit. c. The permittee must contact the appropriate regional environmental specialist and permitting engineer to determine whether the Section chooses to hold a pre -operative meeting with key landfill personnel and representatives of the Section. d. Documentation of financial assurance mechanisms must be submitted to the Section. The financial assurance amount must include closure and post -closure costs including the new phase to receive the permit to operate, in accordance with 15A NCAC 13B .0546, and must include costs for potential assessment and corrective action, in accordance with NCAC 13A 295.2 (h). e. The permittee must obtain a permit to operate for the phase from the Section in accordance with 15A NCAC 13B .0201(d). f. Groundwater and landfill gas monitoring wells and probes must be installed and surface water sampling locations established. New groundwater monitoring wells and surface water stations must be sampled for tetrahydrofuran and the constituents listed in 15A NCAC .0544 (b)(1)(D). Well construction records and sampling results shall be submitted to the Section hydrogeologist of review and approval prior to issuing the permit to O\operate. 4. Pursuant to Rule 15A NCAC 13B .0542(i)(2), burning of land -clearing debris generated on -site, as a result of construction activities, requires approval by the Section prior to initiating the burn. In addition, the Division of Air Quality and local fire department must approve the activity prior to burning. Geologic, Water Quality, and Landfill Gas Monitoring Requirements 5. Prior to construction of the phase or cell(s) within the phase, all piezometers, borings, and groundwater and landfill gas monitoring wells within the footprint must be properly abandoned in accordance with 15A NCAC 2C .0113 entitled "Abandonment of Wells". Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 9 of 18 6. In areas where soil is to be undercut, abandoned piezometers, groundwater and landfill gas monitoring wells and borings must not be grouted to pre -grade land surface, but to the proposed base grade surface to prevent having to cut excess grout and possibly damage the wells. 7. A licensed geologist must report any pertinent geological feature(s) exposed during phase or cell excavation. Prior to placing any landfill liner, the permittee must submit to the Section hydrogeologist a written report that includes an accurate description of the exposed geological feature(s) and effect of the geological feature(s) on the design, construction, and operation of the cell, phase, or unit. 8. A licensed geologist must be present to supervise the installation of groundwater monitoring wells and landfill gas monitoring wells. Wells must be constructed in accordance with 15A NCAC 02C entitled "Well Construction Standards". The exact locations, screened intervals, and nesting of the wells must be established after consultation with the Section hydrogeologist at the time of well installation. 9. Any modification to the approved water quality monitoring, sampling, landfill gas, and analysis plan must be submitted to the Section Hydrogeologist for review. 10. Within 30 days of completed construction of each new groundwater and landfill gas monitoring well, a well construction record, well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. Form GW-1 must be used for both groundwater and landfill gas wells. The submittal must also include a scaled topographic map, showing the location and identification of new, existing, and abandoned wells and piezometers, and hydraulic conductivity and effective porosity values. 11. Within thirty (30) days of the abandonment of any groundwater monitoring well, the well abandonment record (GW-30 form), and any additional information included in the abandonment record, must be certified by a licensed geologist, and submitted to the Section. A copy of the well abandonment records submitted to the Division of Water Quality, consistent with 15A NCAC 2C .0114(b), must be submitted to the Section. 12. All forms, reports, maps, plans, and data submitted to the Section must include an electronic (pdf) copy. 13. Future monitoring wells MW-15, MW-16 and MW-17 shall be installed and properly developed as construction of Phase 2B progresses into northern part of the cell. A minimum of one sample from each well must be collected and analyzed for the constituents before waste placement in the each cell or phase in accordance with 15A NCAC 13B .0544(b)(1)(D). Part IV Industrial Landfill Unit(s) Not Applicable Part V Land Clearing and Inert Debris Landfill Unit(s) Not Applicable Part VI Transfer Station/Treatment & Processing Unit(s) Not Applicable Part VII Miscellaneous Solid Waste Management Not Applicable -End of Section- Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 10 of 18 Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 11 of 18 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE Part I: General Facility 1. The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 2. Signs must be posted at the entrance to the facility that state types of waste that can and cannot be received at the facility, the hours of operation, the permit number(s), contact name, telephone number, and other pertinent information. Traffic signs or markers must be provided as necessary to promote an orderly traffic pattern to and from the operating areas and to maintain efficient operating conditions. 3. Interior roadway must be of all-weather construction and maintained in good condition. 4. A responsible individual trained and certified in facility operations must be on -site at all times during all operating hours of the facility, in accordance with N.C.G.S. 130A- 309.25. An attendant must be present to oversee the loading and unloading of waste. 5. Copies of this permit, the approved plans, and all records required to be maintained by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours. 6. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act, NCGS 113A-50 et seq., and rules promulgated under 15A NCAC 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on -site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. The Section must be notified of any modifications to the approved sedimentation and erosion plan. 7. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 404 or the Clean Water Act, as amended. 8. Fire lanes must be established and maintained at all times. The dimensions of the fire lanes must be coordinated with the Fire Marshall having jurisdiction over the site. 9. Open burning of solid waste is prohibited. 10. Fires and non -conforming waste incidents shall be reported to the Section's regional waste management specialist within twenty-four hours followed by a written notification to be submitted within 15 days. 11. Financial assurance as required by state rules and statutes must be continuously maintained for the duration of the facility and updated and submitted annually to the Section by the anniversary date of the issuance of this permit. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 12 of 18 12. Any modifications to the approved plans must be submitted to the Section and approved prior to implementation. Part II: Municipal Solid Waste Landfill Units Not Applicable Part III: Construction and Demolition Debris Landfill Units 13. The permit to operate will expire July 21, 2019. Pursuant to 15A NCAC 13B .0201(c), the permittee must submit a permit amendment application prepared in accordance with 15A NCAC 13B .0535 (b) to the Section no later than January 16, 2019. 14. This permit approves the operation of Phases 1 and 2A as well as the onsite environmental management and protection facilities as described in the approved plan in Attachment 1, Part III. Operation of any C&DLF future phases or cells requires written approval of the Section after construction in accordance with applicable statutes and rules. 15. The facility is permitted to receive the following waste types: a. "C&D solid waste" as defined in 15A NCAC 13B .0532(8) means solid waste generated solely from the construction, remodeling, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may have been generated by the on -going operations at buildings or structures. b. "Inert debris" as defined in NCGS 130A-290 (a) (14) means solid waste that consists solely of material such as concrete, brick, concrete block, uncontaminated soil, rock, and gravel. c. "Land -clearing waste" as defined in NCGS 130A-290 (a) (15) means solid waste that is generated solely from land -clearing activities, limited to stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. d. "Asphalt" in accordance with NCGS 130-294(m). 16. Those wastes listed in 15A NCAC 13B .0542 (e), must not be accepted for disposal. Those wastes include, but are not limited to, hazardous waste, municipal solid waste, liquid waste, industrial wastes, and yard trash. Barrels and drums shall not be accepted unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste in contained therein. 17. Regulated -asbestos containing material as defined in 40 CFR 61 must be managed in accordance with 40 CFR 61. Disposal of asbestos waste must be in accordance with 15 NCAC 13B .0542 (c)(2). Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 13 of 18 18. This facility is permitted to receive solid waste generated within the following counties that are within a 100-mile radius of the landfill in accordance with the franchise approved by the Pitt County Board of Commissioners: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chatham, Chowan, Craven, Cumberland, Currituck, Dare, Duplin, Durham, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, and Wilson. 19. The facility is permitted to receive up to 300 tons per calendar day as authorized in the franchise granted by the Pitt County Board of Commissioners and amended August 4, 2008. Maximum variance is in accordance with NCGS 130A-294(b l)(1). 20. The following table lists the capacity for the C&DLF units. Total gross capacity is defined as the volume measured from the bottom of waste through the top of final cover. Phase Area (acres) Gross Capacity (cubic yards) Status IA and 1B 15 842,000 Constructed 2A 10 313,044 Constructed 2B (Cells 6 and 7) 4.29 154,418 Constructed 2B (Cells 8-10) 8.71 231,627 Approved for Construction 2C 347,067 Future — Vertical Expansion Total 38 1,888,156 21. The permittee must not knowingly dispose of C&D waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of C&D waste from disposing of that type or form of C&D waste. b. Requires generators or collectors of C&D waste to recycle that type or form of C&D waste. 22. The permittee shall actively employ a screening program at the facility prepared in accordance with Rule .0544 for detecting and preventing the disposal of excluded or unauthorized waste. At a minimum, the program shall include: a. Random inspections of incoming loads or other comparable procedures. b. Records of any inspections. c. Training of personnel to recognize hazardous, liquid, and other excluded waste types. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 14 of 18 d. Development of a contingency plan to properly manage any identified hazardous, liquid, MSW, or other excluded or unauthorized wastes. The plan must address identification, removal, storage, and final disposition of these wastes. 23. The facility operator must complete an approved operator training course in compliance with NCGS 130A-309.25. a. A responsible individual certified in landfill operations must be on -site during all operating hours of the facility at all times while open for public use to ensure compliance with operational requirements. b. All pertinent landfill -operating personnel must receive training and supervision necessary to properly operate the C&D landfill unit in accordance with NCGS 130A- 309.25 and addressed by memorandum dated November 29, 2000. 24. The edge of the waste footprint for all disposal units must be identified with permanent physical markers. 25. Fill operations must be contained within the approved elevation contours as shown on the approved application drawings. Cover Materials 26. Unless alternative materials or an alternative thickness of cover has been approved by the Section, waste must be covered with six inches of earthen materials when the waste disposal area exceeds one-half acre and at least once weekly. Cover must be placed at more frequent intervals if necessary to control disease vectors, fires, odors, blowing litter, and scavenging. A notation of the date and time of the cover must be recorded in the operating record. 27. Unless alternative materials or an alternative thickness of cover has been approved by the Section, areas which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material. 28. Alternative materials or an alternative thickness of cover may be approved by the Section if the owner or operator demonstrates that the alternative material or thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. A C&DLF owner or operator may apply for approval of an alternative cover material. If approval is given by the Section, approval would extend to all C&DLF units at one specific facility. 29. In accordance with NCGS 130A-295.6 this landfill may use alternative daily cover (ADC) that has been previously approved at another sanitary landfill in North Carolina. The Section maintains a list of approved ADC and its appropriate use, which may be referred to, but is not required to be, in determining ADC types and uses. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 15 of 18 30. The use of alternative daily cover that has not been approved for the facility or approved under NCGS 130A-295.6 must be demonstrated and approved by the Section. Requests for alternative daily cover approval must include a plan detailing the comprehensive use and a demonstration of the effectiveness of the alternative daily cover. The plan must be developed according to Section guidelines. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. 31. Wastewater treatment sludge is not approved for disposal. Wastewater treatment sludge may be accepted, with approval of the Section, for utilization as a soil conditioner and incorporated into or applied onto the vegetative growth layer. The wastewater treatment sludge must not be applied at greater than agronomic rates or to a depth greater than six inches. Closure 32. Closure or partial closure on any unit must be in accordance with the most recently approved closure plan that is included in Attachment 1, Part III. Prior to beginning closure of each C&DLF unit, the owner or operator must notify the Section that a notice of intent to close the unit has been placed in the operation record. 33. The owner or operator must begin closure activities for that portion of each C&DLF unit meeting one or more of the following requirements, unless an extension has been granted by the Section. Extensions beyond the deadline for beginning closure may be granted by the Section if the owner or operator demonstrates that the portion of the C&DLF unit has the capacity to received additional wastes and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed C&DLF unit.: a. No later than 30 days after the date on which the C&DLF unit receives the known final receipt of wastes; b. No later than 30 days after the date that a 10 acre or greater area of waste, is within 15 feet of the final design grades; or c. No later than one year after the most receipt of wastes, if the C&DLF unit has remaining capacity. Groundwater, Surface Water, and Landfill Gas Monitoring 34. Groundwater, surface water, and landfill gas monitoring shall be conducted in accordance with Rule .0544, and approved monitoring plans listed in the List of Documents for the Approved Plan in Attachment I, Part IIl. Any modification to the approved plans must be submitted to the Section and approved prior to implementation. 35. The permittee must maintain a record of all monitoring events and analytical data in their operating record. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 16 of 18 36. The permittee must obtain approval from the Section for the design, installation, and abandonment of any monitoring well. 37. A readily accessible, unobstructed, path shall be maintained so that monitoring wells may be accessed using four-wheel drive vehicles. 38. A licensed geologist must be present to supervise the installation of any new groundwater monitoring wells and landfill gas monitoring wells. The exact locations, screened intervals, and nesting of the wells shall be established after consultation with the Section hydrogeologist at the time of well installation. 39. Each groundwater monitoring well and landfill gas monitoring well shall be surveyed and for location and elevation. Each groundwater monitoring well and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). 40. Within thirty (30) days of the completed construction of each new groundwater monitoring well and landfill gas monitoring well, the well construction record (GW-lb form), well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. a. Within thirty (30) days of the completed permanent abandonment of a groundwater monitoring well and landfill gas monitoring well, the well abandonment record (GW- 30 form) and any additional information included in the abandonment record must be submitted to the Section. The well abandonment records must be submitted to the Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. b. Documentation of well completion or abandonment must be placed in the operation record. 41. A field log book which details all development, sampling, repair, and other pertinent activities associated with each monitoring well must be kept as part of facility record. 42. Reports of the analytical results for groundwater quality monitoring sampling events must be submitted to the Section within 120 days of the sample collection date. Analytical data must be submitted in a manner prescribed by the Section. 43. All monitoring reports must contain a. an evaluation of the potentiometric surface, b. analytical laboratory reports and summary tables, c. a Solid Waste Environment Monitoring Data Form, and d. laboratory data submitted in accordance with the Electronic Data Deliverable Template. Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 17 of 18 Recordkeeping and Reporting 44. The permittee must maintain a record of the amount of solid waste received at the facility, including daily records of waste received and origins of the loads. Scales must be used to weigh the amount of waste received. The daily records are to be summarized into a monthly report for use in the required annual reports. 45. On or before August 1 annually, the permittee must submit an annual facility report to the Solid Waste Section, on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The annual facility report must list the amount of waste received in tons and be compiled: i. On a monthly basis. ii. By county, city or transfer station of origin. iii. By specific waste type. iv. By receiving disposal facility. v. By diversion to alternative management facilities. A measurement of volume utilized in the C&D cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. d. The amount of C&D waste, in tons from scale records, disposed in landfill cells since November 19, 2001, through the date of the annual volume survey must be included in the report. e. The completed report must be forwarded to the regional environmental senior specialist for the facility by the date due on the prescribed annual facility report form. f. A copy of the completed report must be forwarded to each county manager for each county from which waste was received at the facility. Documentation that a copy of the report has been forwarded to the county managers must be sent to the regional environmental specialist by the date due on the prescribed annual facility report form. Part IV: Industrial Landfill Units Not Applicable Part V: Land Clearing and Inert Debris Landfill Units Not Applicable Permit No. 7407 C&D Landfill, Inc. April 6, 2015 Document ID No. 24085 Page 18 of 18 Part VI: Transfer Station / Treatment and Processing Unit Not Applicable Part VII: Miscellaneous Solid Waste Management Recycling Area Operations 46. Operation of a C&D recycling area of two acres or less in the unused portions of the Phase 2B footprint is authorized. 47. Operation be according to the "Recycling Activities" section in the latest approved operation plan listed in Attachment 1, Part III. 48. The Phase 2B must be inspected for damage due to the recycling area operations and repaired as necessary prior to placement of waste for disposal. - End of Permit Conditions - ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Waste Management Pat McCrory Governor November 13, 2014 Mr. Wayne Bell General Manager, C&D Landfill, Inc. 802 Recycling Lane Greenville, NC 27834 John E. Skvarla, III Secretary Subject: Revised Financial Assurance Cost Estimate C&D Landfill, Inc. - Permit 7407-CDLF-2001 & Permit 7407-CDLF-2009 Pitt County, Document ID No. 22275 Dear Mr. Bell: The Division of Waste Management, Solid Waste Section (Section) received a revised estimate of closure and post closure costs in a November 12, 2014, submittal by David Garrett of SCS Engineers. The Section had requested the estimate be revised to show the costs associated with the landfill phases so that they could be correctly associated with the appropriate permit. This letter approves the financial assurance as shown below. Permit Description Amount 7407-CDLF-2001 Closure Phase 1 $562,846 Post -Closure - Phases 1 $441,710 7407-CDLF-2009 Closure Phases 2A and 2B $863,030 Post Closure Phase 2A and 2B $677,290 7407-CDLF-2001, 7407-CDLF-2009 Potential Assessment and Corrective Action (PACA) $1,000,000 TOTAL $3,544,876 Please contact Ms. Sarah Rice at (919) 707-8287 or by email at sarah.ricegncdenr.gov if there are questions concerning the mechanisms to demonstrate financial assurance. If you have any other questions, you may contact me at (919) 707-8257 or by email at pat.backus@ncdenr.gov. Sincerely, Patricia M. Backus, P.E., Environmental Engineer Division of Waste Management, NCDENR cc: Sarah Rice, Compliance Officer David Garrett, P.E, P.G., SCS Engineers, PC Ed Mussler, P.E. Permitting Supervisor Dennis Shackelford, Eastern District Supervisor 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 Internet: http://portal.ncdenr.org/web/wm/sw An Equal Opportunity 1 Affirmative Action Employer GENERAL PURPOSE RIDER To be attached and form part of Bond Number 1 1 1 3089 Issued by the Lexon Insurance Company In the amount of $11000,000.00 On behalf of C&D LANDFILL, INC. effective March 4, 2014 as Principal and in favor of North Carolina Division of Solid Waste Management as Obligee Now, Therefore, it is agreed that: 1) The North Carolina State inflation factor for 2019 is 1.018 2) Total Bond Penalty is increased from $1,056,128.00 to $1,075,138.00 7407-CDLF-2001 & 7407-CDLF-2009 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 4th Signed, sealed and dated this C&D Landfill, Inc. Accepted by: 18th vvnitenurst, rresiaent day of March 2019 day of February 2019 Lexon Insurance Company (Surety) Attorney -in Fact POWER OF ATTORNEY Lx-11079 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: Michele Lacrosse, Summer Betting its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00 Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. BY ACKNOWLEDGEMENT LEXON INSURANCE COMPANY Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. , rAYZO �''� AMY TAYLOR Notary Public- State of Tennessee Davidson County = My Commission Expires 07-08-19 CERTIFICATE BY a� Amypeylor NotargPublic I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 18TH Day of FEBRUARY 2019 SEAL * BY Andrew Smith *&36 Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." GENERAL PURPOSE RIDER To be attached and form part of Bond Number 1037880 effective March 4, 2010 Issued by the LeXon Insurance Company In the amount of $928,125.00 On behalf of C&D LANDFILL, INC. and in favor of North Carolina Division of Solid Waste Management Now, Therefore, it is agreed that: 1) The North Carolina State inflation factor for 2019 is 1.018 2) Closure Phase 1 is increased from $594,438.00 to $605,138.00 Closure Phase 2A & 2B is increased from $911,469.00 to $927,875.00 3) Total Bond Penalty is increased from $1,505,907.00 to $1,533,013.00 as Principal as Obligee It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 4th Signed, sealed and dated this 18th C&D Landfill, Inc. day of March day of February 2019 2019 Lexon Insurance Company (Surety) By' By:Z ' Michele Lacrosse Attorney -in Fact udson T. Whitehurst, President Accepted by: POWER OF ATTORNEY Lexon Insurance Company Lx-11079 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: Michele Lacrosse, Summer Betting its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00 Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. 1 � `'44yZW» ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY ' Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. .� SAYLO "I-,� AMY TAYLOR Notary Public- State of Tennessee Davidson County F - My Commission Expires 07-08-19 CERTIFICATE BY a"k Amy ylor Nota Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 18TH Day of FEBRUARY 20 19 SEAL BY J� Andrew Smith Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." GENERAL PURPOSE RIDER To be attached and form part of Bond Number 1037881 Issued by the LeXon Insurance Company In the amount of $110617250.00 On behalf of C&D LANDFILL, INC. effective March 4, 2010 as Principal and in favor of North Carolina Division of Solid Waste Management as Obligee Now, Therefore, it is agreed that: 1) The North Carolina State inflation factor for 2019 is 1.018 2) Post Closure Phase 1 is increased from $466,503.00 to $474,900.00 Post Closure Phase 2A & 2B is increased from $715,305.00 to $728,180.00 3) Total Bond Penalty is increased from $1,181,808.00 to $1,203,080.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 4th Signed, sealed and dated this 18th C&D Landfill, Inc. Judson T. Whitehurst, President Accepted by: day of March day of March 2019 2019 Lexon Insurance Company (Surety) By: Miche acrosse Attorney -in Fact POWER OF ATTORNEY Lx-11079 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: Michele Lacrosse, Summer Betting its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00 Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. LEXON INSURANCE COMPANY BY / Brian Beggs President ACKNOWLEDGEMENT On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. 41SAno AMY TAYLOR Notary Public- State of Tennessee Davidson County = My Commission Expires 07-08-19 CERTIFICATE BY a",k Amy ylor Nota Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 18TH Day of FEBRUARY 20 19 —17 SEAL BY Andrew Smith +r Assistant Secretary OF 1 "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."