3424_CORR_20170328

PO Box 12339 Telephone: [phone]
Winston-Salem, NC 27117 www.abbeygreen.com Fax: [phone]

March 28, 2017

Susan Heim
NC DEQ
450 West Hanes Mill Road
Suite 300
Winston Salem, NC 27105-9667

Copy attached to email

RE: Additional statements regarding leased site activities

Dear Ms. Heim:

Thank you for your call along with Jason Watkins regarding activities on the Hans Holding LLC
leased site on Friday March 24th. The activities we now plan for the leased site are wood
grinding and concrete crushing. These materials are recovered from the sort line.

Presently, we plan on post processing the following material on this leased site:

- Clean Wood. This wood is defined as wood that is not treated, not painted, not stained,
and not glued. This wood will be sized reduced in a wood grinder to be made into boiler
fuel and in landscape mulches.
- Concrete, brick, other inerts. This material will be crushed.

Since additional processing requirements or controls may be placed on Engineered Wood
processing for this leased site, we do not now intent to move Engineered Wood processing to
this site. Engineered Wood is defined as wood with glues (at Abbey Green this is typically OSB
and plywood) as defined by EPA’s Non Hazardous Secondary Materials Ruling as “Resinated
Wood” as part of their guidance for boilers and incineration units. The final ruling was signed by
LP Jackson dated December 20, 2012. The definition is found in this document in Section III C.
3. B. “Resinated Wood”. Under III C.3.b. Resinated Wood is designated as fuel not a waste
when burned in a boiler as a fuel.

In our call, Mr. Watkins requested that I clearly identify that the criteria used in NC 130A-309.05
“Exclusions to Regulated Waste” under part c) Recovered Materials would be met on the leased
site.

In general we have had active sales of mulches and boiler fuel derived from Clean Wood and
crushed inerts, such as concrete, so that all four criteria (1) through (4) are met.

I have included the regulation in bold below and inserted my comments in yellow:

130A-309.05 Regulated Wastes; certain exclusions [starting at (c)]

Recovered material is not subject to regulation as solid waste under this Article. In order
for a material that would otherwise be regulated as solid waste to qualify as a recovered
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PO Box 12339 Telephone: [phone]
Winston-Salem, NC 27117 www.abbeygreen.com Fax: [phone]
material, the Department may require any person who owns or has control over the
material to demonstrate that the material meets the requirements of this subsection. In
order to protect public health and the environment, the Commission may adopt rules to
implement this subsection. Materials that are accumulated speculatively, as that term is
defined under 40 Code of Federal Regulations § 261 (July 1, 2014 Edition), shall not qualify
as a recovered material, and shall be subject to regulation as solid waste. In order to
qualify as a recovered material, the material shall be managed as a valuable commodity in
a manner consistent with the desired use or end use, and all of the following conditions
shall be met:
(1) Seventy-five percent (75%), by weight or volume, of the recovered material
stored at a facility at the beginning of a calendar year commencing
January 1, shall be removed from the facility through sale, use, or
reuse by December 31 of the same year.

Abbey Green sells ground wood as mulches and boiler fuels and inerts for use in
construction materials such as road and parking lots. We keep a small inventory
determined mainly by the volume requirements of subcontractors performing these
services. Abbey Green far exceed the 75% removal requirement above.

(2) The recovered material or the products or by-products of operations that
process recovered material shall not be discharged, deposited, injected,
dumped, spilled, leaked, or placed into or upon any land or water so
that the products or by-products or any constituent thereof may enter
other lands or be emitted into the air or discharged into any waters
including groundwaters, or otherwise enter the environment or pose a
threat to public health and safety. Facilities that process recovered
material shall be operated in a manner to ensure compliance with this
subdivision.

Abbey Green follows procedures as part of our storm water and erosion control
permits. We are not aware of any evidence to show that Inerts or Clean Wood
generates any by-products or constituents that would meet this definition.

(3) The recovered material shall not be a hazardous waste or have been
recovered from a hazardous waste.

This is not the case for Clean Wood or Inerts

(4) The recovered material shall not contain significant concentrations of foreign
constituents that render it unserviceable or inadequate for sale, or its
intended use or reuse. (1989, c. 784, s. 2; 1995 (Reg. Sess., 1996), c. 594,
s. 9; 2015-1, s. 2(b).)

Sales of these products shows that this is not the case

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PO Box 12339 Telephone: [phone]
Winston-Salem, NC 27117 www.abbeygreen.com Fax: [phone]

Please let me know if you need additional information. Thank you for your assistance, and we
are looking forward to the progress during and before your visit on April 4th, 2017.

Sincerely,

Randall Baker
Vice President and General Manager