HomeMy WebLinkAboutNCG130058_COMPLETE FILE - HISTORICAL_20121128r
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
3UU�
DOC TYPE
O' HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ J + �'
YYYYM M D D
kvA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 28, 2012
Drew Isenhour
Republic Services of North Carolina L,I_C
1220 Commerce St SW.. Box 1
Conover, NC 28613
Subject: NPDES General Permit NCG 130000
Certificate of Coverage NCG 130058
Raleigh Transfer Station
Formerly Thornton Road Mixed Wastc
Transfer and Recycling
Wake County
Dear Mr. Isenhour:
On July 17, 2012, Division personnel received your request to revise your stormwater permit
Certificate of Coverage to accurately reflect your new company and facility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the
General Permit remain unchanged and in I'ull 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 Stornnvater Permitting Unit at 919-807-6300.
Sincerely,
ORIGINAL SIGNED E1
KEN PICKLE
for Charles Wakild, P.E.
cc: Raleigh Regional Office
Central Files
Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919-807-6300 t FAX: 919-807-64941 Customer Service: 1.877-623-6748
Internet: www,ncwaterquality.org
An Equal opportunity ` Affirmative Action Employer
One
NoahCat-olina
;Vatimallry
..r-
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG130000
CERTIFICATE OF COVERAGE No. NCG130058
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 Corn ill ission,
and the Federal Water Pollution Control Act, as amended,
Republic Services of North Carolina LLC
is hereby authorized to discharge storrmvater from a facility located at
Raleigh "l-ransfer Station
5565 Thornton Rd
Raleigh
Wake County
to receiving waters designated as the Neuse River, a class C; NSW waterbody in the NeLlsc River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in farts
L II, III, IV, V and V I of General Permit No. NCG 130000 as attached.
This certificate of coverage shall become effective November 28, 2012,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 28, 2012.
ORIGINAL SIGNED Bl
KEN PICKLE
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
REPUBLIC
SERVICES
July 17, 2012
Mr. Bradley Bennett
NC DENR — Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Change in Operator
Thornton Road Mixed Waste Transfer and Recycling Center
Permit Number NCG130058
Dear Mr. Bennett,
Republic Services of North Carolina, LLC (Republic) is providing notice of the change
in operator at the referenced facility. As a result, we request that the Certificate of
Coverage for NPDES General Permit Number NCG130058 be transferred in the name of
Republic Services of North Carolina, LLC. An executed copy of the Change Form is
enclosed.
On June 14, 2012, Republic Services of North Carolina, LLC entered into a lease
agreement with Dynasty Holdings, LLC to lease the property at 5565 Thornton Road,
Raleigh, North Carolina 27616. The term of the lease is for 20 years, with the option to
extend the term for four additional terms of 5 years each. The property will remain
under the ownership of Dynasty Holdings, LLC. Copies of the Lease Agreement, Asset
Purchase Agreement, and Transition Operating Agreement are enclosed.
JUL j 7 2012
oENR - WATEN QU 17Y ettanele. l c.._
1220 Commerce St SW, Box 1
Conover, NC 28613
Phone 828.464.2414 . Fax 828.464.2433
Toll Free 866.473.7778
www.republicservices.com
If you require additional information, please contact me at (919) 354-3227.
Sincerely,
Matt Einsmann, P.E.
Environmental Manager
CC. Mr. David King (Dynasty Holdings, LLC)
Mr. Ray Hoffman (Republic Services)
Enclosures:
1. Permit Name/Ownership Change Form
2. Lease Agreement
3. Asset Purchase Agreement
4. Transition Operating Agreement
1220 Commerce St SW, Box 1
Conover, NC 28613
Phone 828.464.2414 9 Fax 828.464.2433
Toll Free 866.473.7778
www.republicservices.com
Division of Water Quality / Surface Water Protection
1
National Pollutant Discharge Elimination System
NCDENK
C�� ""�O`
D WNnrUHty R.RF_}W�GES PERMIT NAMEIOWNERSHIP CHANGE FORM
ENVIHONMEi'/r
FOR AGENCY USE ONLY
Date Received
Year
Month
Day
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N S [111 3 10 0 1 0 1 0 G 1 1 3 1 0 10.. 5 8
Il. Permit status prior to requested change.
a. Permit issued to (company name): Shotwell Transfer Station 2 Inc.
b. Person legally responsible for permit: David W Kind
First MI Last
JUL1 7 Z012
DENR - WOtH QUALITY
Wetlands ,waatee Branch
e. Facility name (discharge):
Manaizer
Title
3209 Gresham Lake Road, Suite 120
Permit Holder Mailing Address
Raleigh NC 27615
City State Zip
(919) 427-4104 { )
I'hone Fax
Thronton Road Mixed Waste "Transfer and Recycling
Center
d. Facility address: 5565 Thornton Road
Address
Raleigh NC 27616
City State Zip
e. Facility contact person: TMign el Hernandez - (919) 872-5807
First / MI / L,ast phone
Ill. Please provide the following for the requested change (revised perntit).
a. Request for change is a result of: ❑ Change ill ownership of the facility
❑ Name change of the facility or owner
IJother please explain: Property lease agreement
b. Permit issued to (company name): Republic Services of Nortli Carolina, LLC
c. Person legally responsible for permit: Drew Isenhour
First Mt Last
Area President
Title
1220 Commerce Street SW, Box 1
Permit ]Molder Mailing Address
Conover NC 28613-8257
City State Zip
(828) 464-2414 disenhour rr re ublicservices.com
Phone E-mail Address
d. Facility name (discharge): Raleigh "Transfer Station
e. Facility address: 5565 'Thornton RoadT
Address
Raleigh NC 27616
City State Zip
f. Facility contact person: Rick Prather
First Ml Last
(919) 872-5807 rprather a republicservices.coni
Phone E-mail Address
Revised 2012Apr23
NPDES 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:
Rick Prather
First h41 Last
General Manager
Tilk:
51 1 1 Chin Page Road
Mfiiling Address
Durham Durham 27703
City State Zip
(919)
433-0901 rpritherorepublicservices.com
]'hone E-mail Address
Will the permitted facility continue to conduct the
V.
same industrial activities conducted prior
to this ownership or name change"
® Yes
❑ No (please explain)
Vl Required Items: '11I1S APPLICATION WILL
BE RETURNED UNPROCESSED IF ITEMS
ARE- INCONIPLETE OR NIISSING:
® This completed application is required for both name change and/or ownership change
requests.
® Legal documentation of the transfer of ownership
(such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership
change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications 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. Fora name change request, the signed
Applicant's Certification is sufficient.
PERNIITTFE CERTIFICATION (Permit holder prior to ownership change):
I, David King, 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 application package will be
returned as incomplete.
Signature Date
APPLICANT' CERTIFICATION
1, Drew Isenhour, attest that this application fora 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 application
pa kage will e returned as incomplete.
7
Signature Date
PLEASE SEND T'HE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7/2008
,,IPDES 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: Rick Prather
First MI0 Last
General Manager
Title
5111 Chin Pa e Road
Mailing Address
Durham Durham 27703
City State ,Zip
919 433-090 i Tratlier@republieservices.com
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 explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
® This completed application is required for both name change and/or ownership change
requests.
® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is r_equ'1•c •-rl for an ownership change request. Articles of incorporation are
not sufficient for an owi change.
The certifications below must be completed and signed by both the pen -nit holder prior 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.
PERM-ITTEE CERTIFICATION (Pennit holder prior to ownership change):
I, David King, 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 application package will be
Date
APPLICANT CERTWICAVON
1, Drew Isenhour, 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 application
package will be returned as incomplete.
Signature
PLEASE SEND THE COMPLETE APPLICATION PA(`, --A :,
Division of Water Quality
Surface Water Protection Section �•;�
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised V2008
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is made this A x1�4 day of June, 2012
(the "Effec6 -e Date"), by and between DYNASTY HOLDINGS, LLC, a North Carolina
limited liability company ("Landlord"), and REPUBLIC SERVICES OF NORTH
CAROLINA, LLC, a North Carolina limited liability company, and/or its assigns
("Tenant").
WITNESSETH:
Landlord, for and in consideration of the rentals herein promised to be paid by
Tenant and the covenants, conditions and agreements herein contained to be kept and per-
formed by Tenant, does hereby let and rent to Tenant, and Tenant does hereby take and
lease as Tenant of the Landlord, the premises hereinafter described for the term, at the
rental and upon the terms and conditions hereinafter set forth:
SECTION i - PARTIES
1.1 Landlord. Landlord warrants that it owns the Premises and has full right and
power to execute and deliver this Lease without the consent or agreement of any other
person, and that those persons executing this Lease on behalf of Landlord have the right
and power to execute and deliver this Lease.
1.2 Tenant. Tenant warrants that Tenant has full right and power to execute and
deliver this Lease without the consent or agreement of any other person, and that those
persons who have executed and delivered this Lease have the authority and power to
execute this Lease on Tenant's behalf and deliver this Lease to Landlord.
SECTION 2 - PREMISES
2.1 Description. The premises herein leased (hereinafter called the "Premises")
are legally described in Exhibit "A" attached hereto and made a part hereof. The Premises
also include the building(s) and improvements located upon the land area described in
Exhibit "A". Landlord also grants Tenant, its customers, guests, invitees, employees, and
Iicensees all easements, rights and privileges appurtenant thereto, including the exclusive
right to use the parking areas, driveways, roads, alleys and means of ingress and egress. The
Premises are located at 5565 Thornton Road, Raleigh, North Carolina 27616-572-7.
2.2 Quiet EnioMent. Landlord agrees to warrant and defend Tenant in the quiet
enjoyment and possession of the Premises during the term of this Lease so long as Tenant
complies with the provisions hereof.
JL?! 1 7 2012
SECTION 3 - TERM; OPTION TO EXTEND
3.1 Lease Commencement Date. The term ("Term") of this Lease shall
commence as of the Effective Date and shall terminate on the date (the "Lease Termination
Date") which is the last day of the month preceding the twentieth (2o6) anniversary date of
the Effective Date unless extended by Tenant in accordance with any extension option
contained in this Lease or any rider thereto or unless terminated at an earlier date by
Tenant pursuant to Section 3.2 hereof. Landlord shall give Tenant exclusive possession of
the Premises on the Lease Commencement Date.
3.2 Ear ension Terms. Tenant shall have the right to extend the Term for four (4)
additional terms of five (5) years each (the "Extension Terms") in its sole discretion upon
delivering written notice to the Landlord of its intent to exercise this option to extend not
less than sixty (6o) days before the expiration date of the initial term or of any previously
exercised Extension Term of this Lease. If Tenant exercises any of the Extension Terms in
the manner provided for in this paragraph then the Lease shall terminate five (5) years after
the initial expiration period or the end of the previously exercised Extension Term unless a
subsequent Extension Term is exercised, and all provisions of this Lease shall be applicable
to the Extension Terms.
3.3 Proration. If any payments, rights or obligations hereunder (whether
relating to payment of rent, taxes, insurance, other impositions, orto any other provision of
this Lease) relate to a period in part before the Lease Commencement Date or in part after
the date of expiration or termination of the term, appropriate adjustments and prorations
shall be made.
3.4 Surrender at End of Term. Upon the last day of the Term or upon the
earlier termination of this Lease pursuant to the provisions hereof, Tenant shall surrender
and deliver to Landlord the Premises, all buildings and improvements thereon other than
Tenant's Property, without delay, broom clean and in good order, condition and repair,
reasonable wear and tear and damage due to casualty excepted. Any trade fixtures, business
equipment, inventory, trademarked items, signs and other removable personal property
located or installed in or on the Premises ("Tenant's Property") shall be removed by Tenant
on or before the last day of the Term or upon the earlier termination of this Lease, and
Tenant shall repair any damage occasioned by the removal of Tenant's Property.
SECTION 4 - RENT
4.1 Rent. Landlord acknowledges receipt from Tenant as of the Effective Date of all
rent for the Term and any Extension Terms. Landlord acknowledges that Tenant shall have
no obligation to pay Landlord any further rent, additional rent or other amounts for the
lease of the Premises.
2
exercises this Option to Purchase, then Tenant shall purchase and Landlord shall sell the
Premises upon the terms and conditions set forth on the Terms for Sale and Purchase
attached hereto as Exhibit " C" (the "Purchase Terms"). Landlord and Tenant shall continue
to be bound by the Provisions of this Lease prior to Tenant's purchase of the Premises.
Upon the closing of title pursuant to the above -mentioned Purchase Terms, this Lease shall
terminate and end.
SECTION 14 - INDEMNIFICATION
14.1 By Tenant. Tenant hereby indemnifies and holds Landlord harmless from
and against any and all claims, demands, liabilities and expenses, including attorneys' fees,
arising from the negligence of Tenant or its agents, employees, or contractors on the
Premises, except to the extent caused by Landlord's negligence or willful misconduct. In
the event any action or proceeding shall be brought against Landlord by reason of any such
claim, Tenant shall defend the same at Tenant's expense by counsel reasonably satisfactory
to Landlord.
14.2 By Landlord. Landlord hereby indemnifies and holds Tenant harmless from
and against any and all claims, demands, liabilities and expenses, including attorneys' fees,
arising from the negligence of Landlord or its agents, employees, or contractors occurring
on the Property, except to the extent caused by Tenant's negligence or willful misconduct.
In the event any action or proceeding shall be brought against Tenant by reason of any such
claim, Landlord shall defend the same at Landlord's expense by counsel reasonably
satisfactory to Tenant.
[Signature Page Follows]
15
IN WITNESS WHEREOF, on the day and year first above written, Landlord
and Tenant have duly executed this Lease under seal as their free act and deed.
Signed, Sealed and Delivered
In the Presence of-
[ACKNOWLEDGMENT OF LANDLORD]
STATE OF N
)ss
COUNTY OFMVej
LANDLORD:
DYNASTY HOLDINGS, LLC
Print ame: a W
Title: KAanGtAP'v
The foregoing instrument was acknowledged before me this 13li' day of
U-Ylf, 2ox2 byD.•.�flas of Dynasty Holdings, LLC, a -
North Carolina limited liability company, on behalf oft a corporation. FLe/she is �nall
known to me or has produced (type of identification) as identification.
My ommissio a �s-� 1
NOTARY P19BLIC F� I
Print Name: -lGq�l.a P
Commission No.:� 1
16
Signed, Sealed and Delivered
In the Presence oh
PAM� w l
u
okd---�
PRINT NAME bF WITNES BELOW:
Co hn i e (',:eGr
r
\21 UA
P OF WITNESS BELOW:
[ACKNOWLEDGMENT OF TENANT]
STATE OF ARIZONA)
)ss:
COUNTY OF MARICOPA)
TENANT:
REPUBLIC SERVICES OF NORTH
CAROLINA, LLC
By:
Name: Tim M. Benter
Title: Vice President
[CORPORATE SEAL]
The foregoing instrument was acknowledged before me this 13th day of June, 2012 by
Tim M. Benter as Vice President of Republic Sen ices of North Carolina, LLC, a North
Carolina limited liability company, on behalf of the company. He/she is personally kno�m
to me or has produced (type of identification) as identification.
My Commission F-* =SJzg [Ze.14-
NOTARY PUBLIC Gz
PrintName:
Commission No.: S0*k '34.3
[NOTARIAL SEAL]
M
State of Arizonaountyn BeattyE-0-- 05/26/2014
17
EXHIBrr "A"
DESCRIPTION Or PREMISES
All of New Lot 3, containing approximately 9.849 acres, as shown on that recombination
plat recorded in Book of Maps 2007, Page 2838, Wake County Registry, North Carolina.
ASSET PURCHASE AGREEMENT
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is executed and
delivered as of June /4 , 2012, by and among Republic Services of North Carolina, LLC, a North
Carolina limited liability company ("Buyer'); Dynasty Holdings, LLC, a North Carolina limited
liability company ("Dynasty"), Shotwell Transfer Station, Inc., a North Carolina corporation
("Shotwell" and, collectively with Dynasty, "Sellers"); and David W. King, Jr., the holder of all
of the equity interests of Shotwell and Dynasty (`'Owner").
RECITALS
A. Sellers operate a municipal solid waste and construction and demolition transfer
station in Raleigh, North Carolina (the "Business") located at 5565 Thornton Road, Raleigh,
North Carolina 22616 and more fully described in the Lease (as hereinafter defined) (the
"Property").
B. Buyer desires to purchase and acquire certain of Sellers' assets and contractual
rights used in connection with the Business, and Sellers desire to sell such assets and contractual
rights to Buyer.
C. Owner owns all of each Seller's equity interests and Buyer is not willing to enter
into this Agreement without the representations, warranties and agreements of Owner set forth in
this Agreement.
Accordingly, for good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the parties agree as follows:
ARTICLE I
DEFINITIONS
1.1 Certain Defined Terms. Capitalized terms shall have the meanings assigned to
them in Exhibit A.
ARTICLE 2
DESCRIPTION Or ASSETS
2.1 Description of Assets. Upon the terms and subject to the conditions set forth in
this Agreement, Sellers shall, on the Closing Date, sell to Buyer the following assets and
contractual rights used or for use in the Business (the "Assets"), free and clear of' all
Encumbrances:
2.1.1 the equipment, scales, furniture and mixtures listed on Schedule 2.1.1;
2.1.2 the list of customers of the Business set forth on Schedule 2.1.2 (the
"Customer List");
2.1.3 the contracts and agreements listed on Schedule 2.1.3 (the
"Contracts");
2.1.4 the Inventory, including that listed on Schedule 2.1.4;
2.1.5 the Permits listed on Schedule 2.1.5;
2.1.6 all Restrictive Agreements;
2.1.7 all manufacturer's or other warranties relating to the Assets;
2.1.8 all of the goodwill of the Business;
2.1.9 all telephone and facsimile numbers) and email addresses used in the
operation of the Business;
2.1.10 all Accounts Receivable; and
2.1.11 except for any Excluded Assets, all of the other assets used or for use
in the Business and owned or leased by Seller.
2.2 Excluded Assets. There shall be excluded from the Assets the following which
are not being sold to Buyer pursuant to this Agreement (the "Excluded Assets"): (a) cash and
cash equivalents of Sellers, (b) the equity interests of each Seller, (c) the corporate records of
each Seller, (d) the assets set forth on Schedule 2.2, (c) fee simple title to any real property
owned by any Seller or Owner, and (f) all contracts and contract rights and obligations of Sellers
(whether oral or in writing) other than the Contracts, the Restrictive Agreements that benefit
Sellers or the Business and the manufacturers' or other warranties relating to the Assets.
2.3 Assumed Liabilities. At the Closing, subject to Article 11, Buyer shall assume
and shall agree to pay, perform and discharge when due, all Liabilities under the Contracts to the
extent, but only to the extent, that such obligations first mature and are required to be performed
after the Closing Date (the "Assumed Liabilities").
2.4 Excluded Liabilities. Except as explicitly and expressly set forth in this
Agreement and subject to Article 11, Buyer shall not, by the execution and performance of this
Agreement or otherwise (including under theories of successor liability), assume, become
responsible for or incur, any Liability or obligation of any nature of either Seller whatsoever
arising, or relating to events occurring, on or prior to the Closing Date, whether legal or
equitable, or matured or contingent (collectively, the "Excluded Liabilities'), including any
Liability: (a) of Sellers for Taxes, whether or not accrued, assessed or currently due and payable,
including any 'faxes arising from the use or the ownership of the Assets for any Tax period (or
portion thereof) ending on or prior to the Closing Date, (b) of Sellers for expenses incurred in
connection with the sale of the Assets pursuant to this Agreement, (c) for any inter -company
payables or receivables between either Seller and Owner or any Affiliates of a Seller, (d) of
Sellers arising out of or in connection with or related to the ownership or use of the Assets on or
prior to the Closing Date that do not constitute Assumed Liabilities, (e) for Environmental
Liabilities and noncompliance with Environmental Laws arising out of events or conditions
occurring on or prior to the Closing Date, (f) under any Contract, but only to the extent that the
Liability arises out of or relates to any breach that occurred on or prior to the Closing Date, (g)
under any Excluded Asset, (h) under any employment, severance, retention or termination
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
vv'ritten above.
BUYER:
Republic Services of North Carolina, LLC,
a North Carolina limited liability company
By:
Name:
Title:Vice President
SELLERS:
Dynasty Holdings, LLC,
a North Carolina limited liability company
By:_
Name:
Title:
Shotwell Transfer Station, Inc.,
a North'Carolina corporation
By:—
Na m c:
Title:
OWNER:
David W. King, Jr.
26
15.8 Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal
and enforceable but so as most nearly to retain the intent of the parties. If such modification is
not possible, such provision shall be severed from this Agreement. In either case the validity,
legality and enforceability of the remaining provisions of this Agreement shall not in any way be
affected or impaired thereby.
15.9 Construction. The headings in this Agreement are inserted for convenience only,
and shall not constitute a part of this Agreement or be used to construe or interpret any of its
provisions. The parties have participated jointly in negotiating and drafting this Agreement. If a
question of interpretation arises, this Agreement shall be construed as if drafted jointly by the
parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by
virtue of the authorship of any provision of this Agreement. Any reference to any statute shall be
deemed to refer to the statute, as amended, and to all rules and regulations promulgated
thereunder, as amended, unless the context requires otherwise. The word "include" or
"including" means include or including, without limitation. The representations, warranties and
covenants in this Agreement shall have independent significance.
15.10 Expenses of Transaction. Whether or not the Transactions are consummated (a)
Buyer will pay the fees, expenses and disbursements of Buyer and its representatives incurred in
connection with this Agreement, and (b) Sellers will pay the fees, expenses and disbursements of
Sellers, Owner and their respective representatives incurred in connection with this Agreement.
15.11 No Brokers. Sellers and Owner represent and warrant to Buyer and Buyer
represents and warrants to Sellers and Owner that the warranting party has had no dealings with
any broker, agent or other Person so as to entitle such Person to a commission or fee in
connection with the Transactions. If for any reason a commission or fee becomes or is claimed
to be due with respect to dealings by Buyer, Buyer shall indemnify and hold harmless Sellers and
Owner from all Losses relating to such claim. If for any reason a commission or fee becomes or
is claimed to be due with respect to dealings by Sellers or Owner, Sellers and Owner, jointly and
severally, shall indemnify and hold harmless Buyer from all Losses relating to such claim.
15.12 Time of the Essence. Time is of the essence of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
25
IN WITNESS WHEREOF, the parties have executed this Abn•eemernt as of the date first
written above.
1111VaN
Republic Services of North Carolina, LLC,
a North Carolina limited liability company
By:—
Name -
Title:
SELLERS:
Dynasty Holdings, LLC,
a North Carolina limited liability company
By:
Name: D6
Title:
Shotwell Transfer Station, Inc.,
a North Carolina corporation
By:
Name: 69L
Title:
OWNER -
David W. King, Jr.
26
INDEX OF EXHIBITS AND SCHEDULES
Exhibit A
Definitions
Exhibit B
Bill of Sale
Exhibit C
Noncompetition and Nonsolicitation Agreement
Exhibit D
Lease
Exhibit E
Disposal Agreement
Exhibit E
Prepayment Amendment
Exhibit G
Restriction
Schedule 2.1.1
Equipment
Schedule 2.1.2
Customer List
Schedule 2.1.3
Contracts
Schedule .2.1.4
Inventory
Schedule 2.1.5
Permits
Schedule 2.2
Excluded Assets
Schedule 3.4
Accounts Receivable
Schedule 3.5
Allocation of Purchase Price
Schedule 6.3(c)
Consents and Defaults
Schedule 6.8
Contracts Not in Full Force or Effect
Schedule 6.9
Governmental Orders
Schedule 6.10
Taxes
Schedule 6.11
Litigation
Schedule 6.13
Ordinary Course of Business
Schedule 6.14.1
Permits Requiring Consents
Schedule 6.14.2
Environmental
Schedule 6.14.3
Hazardous Materials
Schedule 6.14.4
Disposal Sites
Schedule 6.14.5
Storage Tanks
Schedule 6.15,1
Employees
Schedule 6.15.2
Labor Matters
Schedule 6.16
Restrictive Agreements
Schedule 6.18
Insurance and Workers' Compensation
Schedule 6.19
Affiliate Relationships
27
GENERAL CONVEYANCE, ASSIGNMENT AND BILL OF SALE
Effective as of June , 2012, Dynasty Holdings, LLC, a North Carolina limited liability
company ("Dynasty"), Shotwell Transfer Station, Inc., a North Carolina corporation ("Shotwell"
and, collectively with Dynasty, "Grantors"), for good and valuable consideration and pursuant to
that certain Asset Purchase Agreement, dated as of June _, 2012 (the "Purchase Agreement"),
among Grantors, David W. King, Jr., the sole owner of Grantors, and Republic Services of North
Carolina, LLC, a North Carolina limited liability company ("Grantee"), hereby sell, assign,
transfer, convey and deliver to Grantee all of Grantors' right, title and interest in all of the Assets
(except for the Excluded Assets).
TO HAVE AND TO HOLD all such Assets unto Grantee and its successors and assigns
to and for its or their use forever.
Grantors shall execute and deliver, at the request of Grantee, such further instruments of
transfer, and shall take or cause to be taken such other or further actions, as shall reasonably be
requested for purposes of carrying out the Transactions.
This General Conveyance, Assignment and Bill of Sale is delivered pursuant to Section
4.2.1 of the Purchase Agreement and shall be construed consistently with the Purchase
Agreement. Capitalized terns used in this instrument shall have the meanings given them in the
Purchase Agreement.
IN WITNESS WHEREOI+, Grantors have executed and delivered this General
Conveyance, Assignment and Bill of Sale effective as of the date first above written.
GRANTORS:
Dynasty Holdings, LLC,
a North Carolina limited liability company
By: - i�
Name: p4l3i W Y .
Title: Lua r)an
Shotwell Transfer Station, Inc.,
a North Carolina corporation
By:_
Name:
Title:
TRANSITION OPERATING AGREEMENT
For Shotwell Transfer Station
This Transition Operating Agreement (this "A rcement") is executed and delivered
effective as of .Tune PL, 2012, between Republic Services of North Carolina, LLC, a North
Carolina limited liability company ("Transferee"), and Shotwell Transfer Station, Inc., a North
Carolina corporation ("Transferor"). Capitalized terms used in this Agreement shall have the
meanings ascribed to them in Section 5.1 of this Agreement.
RECITALS
WHEREAS, Transferee, Transferor and certain other parties identified therein are parties
to the Asset Purchase Agreement, dated as of June L,:I_, 2012, which provides for the sale of
certain assets as more frilly described therein (the "Purchase Agreement"), the obligations of
which the parties hereto acknowledge, ratify and confirm;
WHEREAS, the parties hereto seek to reach agreement to allow a transfer of certain
assets.used in the operation of the transfer station located at 5565 Thornton Road, Raleigh, North
Carolina 27616 (the "Facility") and the execution of a long-term lease for the Facility prior to the
transfer of the Permits set forth on Schedule A attached hereto (the "Facility Permits"), each of
which pertain to and are required for lawful operation of the Facility;
WHEREAS, 'Transferor is the entity that operated the Facility and held the Facility
Permits prior to entering into the Purchase Agreement;
WHEREAS, the parties desire to enter into a transition agreement to address the
additional time needed to secure all necessary consents from any Govermmental Authority to
transfer or re -issue the Facility Permits, -
WHEREAS, Transferor and Transferee desire to have Transferee conduct, consistent
with this Agreement, the day-to-day activities (the "Activities") of the facility during the Term
of this Agreement;
WHEREAS, the parties do not intend Transferee's activities to trigger "operator" status
under any Applicable Laws at the Facility and Transferor will continue to be responsible for
compliance with Facility Permits to each Governmental Authority as the permittee under the
Facility Permits during the Term of this Agreement; and
WHEREAS, the parties desire to clarify their respective obligations and responsibilities
related to the Facility's Activities during the Term of this Agreement.
NOW, THEREFORE., in consideration of the mutual covenants contained in the Purchase
Agreement, and the premises and the covenants set forth herein, the parties hereby agree as
follows:.
s
ARTICLE I
GENERAL
1.1 Term. The term of this Agreement shall begin on the date hereof and shall
continue through the earlier of (a) two (2) years from the date hereof, or (b) Transferee's
obtaining of all necessary Facility Permits and any, other approvals required to operate the
Facility in accordance with Applicable Laws and upon terms and conditions substantially the
same as those that existed for Transferor immediately prior to the date hereof (the "Tenn.").
1.2 Duty To Consult _and Cooperate; Communications With Governmental
Authorities. The parties shall cooperate with one another to achieve the purposes of this
Agreement. If, during the Tenn of this Agreement, either party receives any notice or inquiry
from a Governmental Authority with jurisdiction over Envirotunental Laws that relates in any
way to the Facility, its Activities or the Facility Permits, it shall have a duty to notify and consult
with the other. Similarly, the parties shall promptly advise each other of the necessity for any
written communication to a Governmental Authority that relates in any way to the Facility, its
Activities or the -Facility Permits; provided, however, this obligation shall not apply to
Transferee's communication with a Governmental Authority in the ordinary course of business
of the Facility or in connection with efforts to transfer to Transferee, or re -issuance to
Transferee, the Facility Permits. Prior to submittal of such written communication, the parties
shall consult with each other and attempt to reach consensus on the content of such written
communications. If the consultation results in a dispute between the parties, the dispute shall be
raised to Transferor's President, David W. King, Jr., and Transferee's General Manager, Rick
Prather, who shall render a prompt decision with respect thereto, provided, however, that if a
Government Authority requires notification or information prior before a dispute is resolved,
Transferee may submit a response notwithstanding Transferor's objection.
ARTICLE 2
R16HTS AND OBLIGATIONS OF TRANSFEROR DURING TERM
2.1 Retention of Permittee Status. Until Transferee obtains all necessary Facility
Permits and any other regulatory approvals with terms and conditions substantially the same as
those that existed for Transferor immediately prior to the date hereof, Transferor shall continue
as permittee subject to all of the obligations and retain all the responsibilities associated with the
Facility Permits, including maintenance of financial assurance mechanisms. Nothing herein
shall be interpreted as limiting Transferee's obligations under Section 3.1 of this Agreement.
2.2 Duty To Cooperate In Transferring facility Permits. Transferor shall cooperate
with Transferee's efforts to secure facility Permits as provided in Section 3.2 of this Agreement,
including, without limitation, attending meetings with Governmental Authorities when
Transferee deems Transferor's attendance, essential, and shall execute such documents as
reasonably requested by Transferee in connection with Transferee's efforts to obtain such
Facility Permits, provided Transferor incurs no liability by such execution beyond the liability
already incurred or retained by Transferor pursuant to the Purchase Agreement. Except as
required by Applicable Law or Permit, and then only following a period of consultation with
Transferee, Transferor shall not file any Permit application or take or cause any other act or
omission that would cause or be likely to cause a change in Facility Permit terms or conditions,
0)
including a reduction in Facility capacity or hours of operation, increase the Facility's cost of
operation in a material way (either based on an individual act or omission or in the aggregate), or
otherwise impede in a material way the Facility's operation.
2.3 Facility Compliance Officer. Transferor hereby designates David W. King, Jr. as
Transferor's Facility Compliance Officer for purposes of fulfilling its responsibilities under this
Agreement. The Facility Compliance Officer shall have authority to act on behalf of Transferor
and such acts shall be binding on Transferor.
2.4 Right To Inspect And Be Present. During the Term of this Agreement, Transferor
shall be entitled to inspect and have reasonable access to the Facility at all times during normal
business hours and upon notice received by Transferee not less than one (1) day prior to the date
of such inspection and access.
ARTICLE 3
RIGHTS AND OBLIGATIONS OF TRANSFEREE DURING TERM
3.1 Conduct of Facility's Activities. Transferee shall conduct the Facility's Activities
in material compliance with all Applicable Laws.
3.2 Facility Permit Transfers. Transferee shall use reasonable commercial efforts to
obtain Facility Permits with terms and conditions substantially the same as those that existed for
Transferor immediately prior to the date hereof for the Facility in a timely manner, including but
not limited to, preparing and submitting applications for the transfer or re -issuance of existing
Facility Permits, fulfilling state compliance disclosure requirements, and posting necessary
financial assurances, all as applicable. Transferee shall timely respond to all reasonable requests.
from Transferor as to the status of Transferee's efforts to have the existing Facility Pen -nits
transferred or new Permits issued.
3.3 Financial Benefit. All financial, accounting or economic results from the conduct
of the Facility's Activities that arise or accrue during the Term of this Agreement shall be for the
account of Transferee and shall be reported as such by Transferee. Transferor shall not account
for or report such financial accounting or economic results of the Facility's Activities.
3.4 Payment of Certain Expenses. During the Term of this Agreement, Transferee
shall pay (a) all ordinary and direct operating and maintenance expenses, including without
limitation taxes, insurance (except financial assurance) and costs associated with environmental
regulatory compliance of the Facility, and (b) all reasonable expenses for capital items and any
other sums required by any law, rule or Governmental Authority deemed reasonably necessary
by Transferee.
3.5 Facility Compliance Officer. Transferee hereby designates Matt Eismann as
Transferee's Facility Compliance Officer for purposes of fulfilling its responsibilities under this
Agreement: Transferee's Facility Compliance Officer shall have authority to act on behalf of
Transferee and such acts shall be binding on Transferee.
3
ARTICLE 4
INDEMNITIES
4.1 Indemnification of Transferor. Transferee shall indemnify, defend (with counsel
reasonably acceptable to Transferor) and save Transferor harnnlcss from and against all claims,
damages, actions, suits, proceedings, demands, fines or penalties, assessments, adjustments, costs
and expenses, including without limitation, reasonable attorneys' fees ("Claims") incurred by
Transferor' to the extent resulting from: (a) Transferee's breach of any term or condition of this
Agreement; and (b) the Activities by Transferee during the Term of this Agreement.
4.2 Indemnification of Transferee. Transferor shall indemnify, defend (with counsel
reasonably acceptable to Transferee) and save Transferee harmless from and against all Claims
incw-red by Transferee to the extent resulting from: (a) Transferor's breach of any term or
condition of this Agreement; and (b) Transferor's gross negligence'or willful misconduct during
the Term of this Agreement.
4.3 Survival. The rights or obligations provided in this ARTICLE 4 shall survive the
Term of this Agreement.
ARTICLE 5
MISCELLANEOUS
5.1 Definitions. Unless otherwise specifically defined herein, each capitalized tenn
used herein shall have the same meaning assigned to such term in the Purchase Agreement:
"Facility Compliance Officer" means the individual who Trannsferor and
Transferee have designated, pursuant to Sections 2.2 and 3_4, as their respective points of contact
for purposes of fulfilling their respective responsibilities tinder this Agreement. Transferor and
Transferee shall each be responsible for the compensation and/or reimbursement of expenses for
their own Facility Compliance Officer.
"Permits" means all permits, grants, filings, notices of intent, exemptions,
licenses, authorizations, registrations, consents, approvals and related applications of every kind
from or with any federal, state, local or foreign Governmental Authority, including all permits
issued by any Governmental Authority under or in connection with any Environmental Law.
5.2 Recitals. All recitals set forth in this Agreement are hereby incorporated by this
reference into the terms of the Agreement.
5.3 Entire A reement. ' This Agreement is the final, complete and exclusive
statement and expression of the agreement among the parties with relation to its subject matter,
This Agreement supersedes, and cannot be varied, contradicted or supplemented by evidence of,
any prior or contemporaneous discussions, correspondence or oral or written agreements,
understandings or contracts of any kind.
5.4 Amendment and Modification. This Agreement may be modified or amended
only by a written instrument executed by all parties.
4
5.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and permitted assigns. Neither this Agreement nor any
of the rights, interests or obligations hereunder shall be assigned by either party without the prior
written consent of the other, except that either party may assign any right, interest or obligation
under this Agreement to a parent, subsidiary or affiliate without prior written consent of the other
party.
5.6 . Severability. In case any provision of this Agreement shall be deemed to be
invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to
be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such
modification is not possible, such provision shall be severed from this Agreement. In either case
the validity, legality and enforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired thereby.
5.7 Waiver of Subrogation. Transferor waives, on behalf of all insurers Linder all
policies of insurance now or hereafter carried by Transferor insuring or covering the Facility, or
any portion or any contents thereof, or any Activities therein or related thereto, all rights of
subrogation which any such insurer may otherwise, if at all, have to any claims of Transferor
against Transferee. Transferor shall add Transferee as an additional insured on all insurance
policies covering the Facility and its Activities.
5.8 Remedies; Limitation on Damages. In the event of a failure or refusal of either
party to perform their respective obligations under this Agreement, the other party shall have the
right to exercise any remedies afforded by Applicable Law; provided, However, neither party
shall be liable to the other for other special, consequential (including but not limited to lost
profits) or punitive damages. The rights and remedies of the parties hereunder are cumulative
and not alternative.
5.9 Notices. Any notice or demand hereunder shall be made in the manner and to the
address indicated in Section 15.6 of the Purchase Agreement,
5.10 Governinp, Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina, without giving effect to any choice or
conflict of law provision or rule (whether the State of North Carolina or any other jurisdiction)
that would cause the application of the laws of any jurisdiction other than the State of North
Carolina.
5.11 Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed to be an original and all of which together shall
constitute but one and the same instrument.
[signatures on following page]
5
IN WITNESS WHEREOF, the parties hereto have caused this Transition Operating
Agreement to be duly executed as of the date first above written.
TRArNSFEROR:
Shot 1 Transfer Statio C.
By: o� r
Title:
TRANSFEREE:
Republic Services of Norte Carolina, LLC
By:_
Title:
TN WITNESS WHEREOF, the parties hereto have caused this Transition Operating
Agreement to be duly executed as of the (late first above written.
TRANSFEROR:
Shotwell Transfer Station, Inc.
G
By:
Title:
TRANSFEREE:
Republic Services ofNor h Carolina, LLC
1-
Ey� Tim M BQnt-t r
Title: Vice President
5
• . 0
SCHEDULE A
Facility Permits
NCDENR Division of Waste Management - Solid Waste Transfer Facility — Permit No. 92-27T-
2008 — Permit to Construct and Operate — Issued 2/26/10
NCDENR Division of Water Quality — National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges of Stonnwater Associated with Industrial Activity —
NCG130000 Certificate of Coverage No. NCG130058
7
AA
•-y AW2Wd9hW=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 25, 2009
Mr. David King, Jr.
Shotwell Transfer Station, Inc.
3209 Gresham Lake Road, Suite 114-115
Raleigh, NC 28615
Dear Mr. King:
Dee Freeman
Secretary
Subject: General Permit No. NCG030000
Thornton Road Mixed Waste Transfer & Recycling
Center
COC NCG130058
Wake County
In accordance with your application for a discharge permit received on April 2, 2009, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES
general permit. This permit 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 dated October 15, 2007 (or as subsequently amended).
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.
Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage to stream
buffers, from portions of this site that have been constructed after July 22, 1997, must be discharged
through a correctly designed level spreader or another device that meets diffuse flow requirements per
15A NCAC 2B .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina
Stormwater BMP Manual, available at: http:/Zh2o.enr.state.nc.us/su/bMD forms.htm,
This permit 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 Act or any other federal or local governmental permit that may be required.
If you have any questions concerning this permit, please contact Cory Larsen at (919) 807-6365
or cory.iarsenpncdenr.gov.
Sincerely,
ORIGINAL SIGNED BY
KEN PICKLE
forColeen H. Sullins
cc: Raleigh Regional Office, Ms. Judy Garrett
Central Files
Stormwater Permitting Unit Files
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Noi-tii Carolina
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 9IM07-63001 FAX: 919-807.64941 Customer Service: 1-877-623-6748 A%tmrar[L1y
Internet: www.ncwalerquality.org
An Equal 00DOdUnb 4 Affirmative Action Emolover
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG130000
CERTIFICATE OF COVERAGE No. NCG130058
STOWWATER 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,
SHOTWELL TRANSFER STATION, INC.
is hereby authorized to discharge stormwater from a facilitylocated at
Thornton Road Mixed Waste Transfer & Recycling Center
5565 Thornton Road
Raleigh
Wake County
to receiving waters designated as the Neuse River, a class.C; NSW water in the Neuse River
Basin; in accordance with the effluent limitations, monitoring'requirements, and other conditions
set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG130000 as attached.
This certificate of coverage shall become effective September 25, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day September 25, 2009,
ORIGINAL SIGNED BY
KEN PICKLE
for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
LOCATION MAP:
t
Thornton Road Mixed Waste Transfer
and Recycling Center
NCG130058
A,L-,o f)cdle 1,'20,DOO
Shotwell Transfer Station,, Inc.
Thornton Road. Mixed Waste Transfer
and Recycling Center
LAWde: 350 53'58" N
Longitude: 780 32'42" W
County: Wake
Receiving Stream: NeLise River
Stream Class: C; NSW
Sub -basin: 03-04-02 (Neuse River Ba§n)
Facility Location
Larsen, Co
From: Larsen, Cory ./
Sent: Monday, September21, 20091:50 PM J' b �
To; Garrett, Judy
Subject: RE Thomton (toad Transfer and Recycling Canter NCGi30058
Judy,
Have not heard back from you about this site so I wanted to check in. When we last spoke, you indicated that you
planned on visiting the site. Please let me know what you found and your recommendations. Otherwise I plan on
issuing the permit soon. Thanks.
Cory
From: Larsen, Cory
Sent: Thursday, July 16, 2009 10:36 AM
To: Garrett, Judy
Subject: FW: Thornton Road Transfer and Recycling Center NCG130058
From: Larsen, Cory
Sent: Wednesday, June 10, 2009 12:50 PM
To: Garrett, Judy
Subject: Thornton Road Transfer and Recycling Center NCG130058
Hi Judy,
The subject facility has submitted an NO1 for NCG13. I would like to hear from you about whether or not to issue this
permit. Ken Pickle told me you had inspected a facility in Apex which RRO felt needed coverage and that has prompted
the owner to seek coverage for all of his facilities.
I agree they should be covered even if NCG13 is one of our weaker permits (no analytical monitoring unless vehicle
maintenance onsite).
This site sits right on wetlands and current aerial photos show wetlands surrounding the site. I'm not sure if they ever
had permits to impact wetlands either.
I also am checking with the City of Raleigh to see about any post -construction stormwater permit they may or may not
have. i know the consultant spoke of a planned covered expansion at the site.
They also have unpaid fines with Raleigh for land disturbance activities. I'll forward that email to you.
So just a lot of issues with this site .... what are your thoughts? Have you visited this facility in particular?
Cory Larsen.
Environmental Engineer
NCDENR I DWQ I stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6365
Fax: (919) 807-6494
Page
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan, However, completed performance of the approved Reclamation Plan is a separable
obligation; secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of. the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification; revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
September 21, 1989: This permit has been modified to incorporate the revisions highlighted in
the revised Mine Map: Grading and Sediment and Erosion Control Plan and modification
request dated August 18, 1989.
March 22, 1990: This permit has been modified to incorporate the expansion of Berm C, the
addition of an overburden storage area north of the settling cells, development of the
overburden storage area west of Spurgeon Creek and corresponding stream crossing and a
temporary scrap material storage area adjacent to the shop area as per the modification
request and revised Grading/Sediment & Erosion Control Plan dated February 7, 1990.
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
Dexter R. Matthews, Director Division of Waste Management
Facility Permit No: 92-27-2008T
Parts 1 & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: 5461
Page 1 of 10
AND NATURAL RESOURCES
STATE OF NORTH CAROLINA
Michael F. Easley, Governor
William G. Ross Jr., Secretary
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SOLID WASTE SECTION
SOLID WASTE TRANSFER FACILITY
Permit No. 92-27T-2008
DYNASTY HOLDINGS, LLC (LANDOWNER)
AND
SHOTWELL TRANSFER STATION, INC. (OWNER AND OPERATOR)
are hereby issued a
PERMIT TO CONSTRUCT and OPERATE
THORNTON ROAD MIXED WASTE TRANSFER AND RECYCLING CENTER
A MUNICIPAL SOLID WASTE TRANSFER FACILITY and
A CONSTRUCTION AND DEMOLITION WASTE TRANSFER FACILITY
Located at 5565 Thornton Road (SR 2043), in northern Raleigh, Wake 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 deeds recorded for this property listed in Attachment No. 1 of this permit.
Solid Waste Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Telephone 919-508-84001 Fax 919-733-48101 Intemet http://wastenotnc.org
An Equal Opportunity ! AffmnaWe Actlon Employer - Printed on Dual Purpose Paper
Page 3
October 30, 1992: This permit has been modified to include and allow the modification and
addition to Berm C and associated sediment and erosion control measures as per the
modification request and revised mine map dated August 21, ' 1992.
March 16, 1993: This permit has been modified to reduce the bond to $25,000.00 and replace
the existing $50,000.00 Cashiers Check with a $25,000.00 Surety Bond.
September 24, 1993: This permit has been modified to change the company name from
Salem Stone Company to Martin Marietta Aggregates and to include and allow the
construction of a stream crossing over Spurgeon Creek, a 5.5 acre berm and the associated
haul road to the berm area.
December 30, 1993: This permit has been modified to allow the addition of 23 acres of
adjacent land and to permit the construction of a berm with associated erosion and sediment
control measures as indicated on the mine map last revised October 28, 1993.
January 13, 1995: This permit has been modified to allow the removal of two existing berms
and the make up water pond, to allow the piping of Spurgeon Creek, the relocation of the plant
processing area and all the associated erosion and sediment control measures as indicated
on the revised mine map dated November 15, 1994 with stipulations.
September 27, 1996: This permit has been modified to allow two acres of berm expansion,
including the filling of an existing lake and constructing a diversion channel as indicated in the
plans received by the Land Quality Section on August 19, 1996.
January 30, 1997: This permit has been modified to change Operating Condition No. 5C with
respect to the ground water monitoring frequency. The frequency of ground water monitoring
is hereby reduced from bimonthly to quarterly monitoring.
January 23, 1998: This permit has been modified to increase the affected acreage to 166
acres. In addition, the modification allows the expansion of the berm located in the northwest
corner of the permit, allows the reconfiguration of the water reservoir and increases the pit
depth to 500 feet as indicated on the mine map last revised September 3, 1997.
April 19, 2000: This permit has been modified to add 51.04 acre area north of the existing
permit boundary that increases the permitted acreage to 256.94 acres and increases the
affected acreage to 190.62 acres as indicated on the mine map last revised January 25, 2000.
The modification allows the construction of additional overburden storage areas, a future
plant/stockpile area, and a fresh water pond in said area.
December 13, 2005: This permit has been modified to increase the permitted acreage to
274.74 acres and the affected acreage at this site to 203,22 acres as indicated on the Mine
Map last- revised and received by the Land Quality Section on November 7, 2005. The
modification includes expansion of the permit boundary to the north for berm construction and
overburden disposal. In addition, the modification includes the piping of off site drainage,
expansion of the existing plant area to the south and the construction and maintenance of all
associated sediment and erosion control measures associated with the modification.
ATTACHMENT i
PART I: PERMITTING HISTORY
Facility Permit No; 92-27T-2008
Parts 1 & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc 10: 5461
Page 2 of 10
Neuse Landfill operated on this property as a permitted Land -Clearing and Inert Debris
landfill (LCID) from 1988 to 1999 with Lemuel H. Thornton, landowner, and Neuse
Landfill, Inc., operator. A notification that the landfill closure was in compliance with all
closure requirements was issued on February 8, 1999, by Wake County Solid Waste
Management.
2. Permits to Construct (PTC) and to Operate (PTO) a Construction and Demolition Debris
(C&D) transfer station on this property were issued to Lemuel H. Thornton, landowner,
and PCM Construction, operator, as Permit -No. 92-27T in 2001. The facility, PCM
North Raleigh C&D Transfer Facility, was approved to receive new construction debris
only.
3. A permit modification was approved in 2003 to add a sorting area for the management of
clean lumber, metal, and cardboard and to designate areas for inert debris.
4. The property was sold from Lemuel H. Thornton to Dynasty Holdings, LLC and recorded
on November 2, 2006, in Book 12249, Pages 225-227 in the Wake County Register of
Deeds. PCM. Construction continued as operator until December 31, 2007.
An application to construct and operate a new transfer facility was submitted on
December 14, 2007, by Shotwell Transfer Station, Inc. The application requested
approval of a new transfer facility building, including both a construction and demolition
debris transfer facility, with sorting of recyclables, and a municipal solid waste transfer
facility.
6. Subsequent to the purchase of the facility, Shotwell Transfer Station, Inc. has submitted
information and documentation to the Solid Waste Section to apply for the permit to
operate the facility to be re -issued to Dynasty Holdings, LLC and Shotwell Transfer
Station, Inc. Both Dynasty Holdings, LLC and Shotwell Transfer Station, Inc. are owned
by David King. During this period, Shotwell Transfer Station, Inc. has continued to
operate the construction and demolition debris transfer station as previously permitted to
PCM Construction.
Page 4
April 12, 2007: This permit has been modified to increase the permitted acreage to 358.47
acres and the affected acreage at this site to 229.31 acres as indicated on the Mine Map last
revised March 16, 2007. This modification includes the addition of a tract of land to the permit
boundary south of the existing Plant and Stockpile area for use as overburden storage and
berm and the addition of a second tract to the southern permit boundary for future expansion.
The modification includes the installation and maintenance of the associated sediment and
erosion control measures associated with the overburden disposal area and berm.
June 17, 2008: This permit has been modified to increase the affected acreage at this site to
311.89 acres as indicated on the Mine Map last revised April 25, 2008. The modification
includes expansion of the pit into the southern portion of the site and the construction of
perimeter berm around the southern portion. The modification includes the installation and
maintenance of the associated erosion and sediment control measures.
Expiration Date
This permit shall be effective from the date of its issuance until April 12, 2017.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
Wastewater and Quar Dewaterin
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary storm water permits or
other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements- and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
Facility Permit No: 92-2TT-2008
Parts t & 2 • Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: W I
Page 3 of 10
Permit Type
Date Issued
Original Permit to Construct PTC
February 12, 2001
Original Permit to Operate TO
March 5, 2001
PTC Modification — Sorting area added
May 19, 2003
PTO Amendment — 5-yr renewal
September 16, 2005
PTC and PTO New Transfer Facility — Increase in
property size; new transfer station construction; changes
in facility name, owner, operator, approved waste,
service area, disposal facilities, and operations plan
September 4, 2008
PART II: LIST OF DOCUMENTS FOR THE APPROVED PLAN
1. Permit to Construct Application and Operations Plan, PCMNorth Raleigh Transfer,
Raleigh, North Carolina. Prepared by: Bass, Nixon and Kennedy, Inc., Raleigh, NC.
Prepared for PCM Construction. Dated January 11, 2001.
2. Site plan for the PCM North Raleigh transfer station. Prepared by Bass, Nixon and
Kennedy, Inc., Raleigh, NC. December 11, 2000. Revised February 13, 2001.
3. Site plan for PCM North Raleigh transfer station. Prepared by Bass, Nixon and Kennedy,
Inc., Raleigh, NC. Dated December 11, 2000. Revised February 1, 2001 and March 26,
2003. Revision addressed the addition of a sorting area for the management of clean
lumber, metal, cardboard and designated areas for inert debris.
4. Permit Application for Thornton Road Mixed Waste Transfer and Recycling Center,
Raleigh, North Carolina. Prepared by: Richardson Smith Gardner and Associates,
Raleigh, NC. Prepared for: Shotwell Transfer Station, Inc., Raleigh, NC: December 14,
2007. Revised June 3, 2008, July 18, 2008, and July 23,.2008.
Paue
B. The permanent access (plant entrance) road shall be paved from its junction with
old Highway 311 to the office/scale house. During processing operation, water
trucks or other means that may be necessary shall be utilized to prevent dust
from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer shall be maintained between any affected land and any
adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the
natural watercourse or wetland.
C. The Duke Power Company's transmission Line Division Right of Way
Restrictions shall be obeyed.
D. All buffer zones shall be maintained as indicated on the Mine Map last revised
April 25, 2008.. Only the construction of the proposed sediment and erosion
control measures shall be allowed within this buffer.
4. Erosion and Sediment Control
A. Adequate mechanical barriers including, but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All diversions at the site shall be permanently stabilized upon completion of their
construction.
C. Mining activities associated with the expansion of the permit boundary to the
north for berm construction and overburden disposal and the modification of the
existing affected area for piping of off site drainage, expansion of the existing
plant area to the south and the construction and maintenance of all associated
sediment and erosion control measures associated with the modification shall be
done in accordance with the Mine Map last revised and received by the Land
Quality Section on November 7, 2005 and supplemental information dated
September 7, 2005 and November 4, 2005.
D. All mining activities, including the installation and -maintenance of all associated
erosion and sediment control measures shall be conducted as indicated on the
Mine Map last revised March 16, 2007 and supplemental information received by
the Land Quality Section on February 7, 2007 and March 23, 2007.
Facility Permit No: 92-27T•2008
Parts 1 & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doe ID: 5461
Page 4 of 10
PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY
Wake Coun N.C.
Re inter of Deeds
Book
Page—T Grantee
Grantor
Tract
Parcel No.
Book of
Maps 2007
Recombination Plat
283$ New Lot 3 Area
173 842 9684
13204
806-808 i D as
DasHoldi,LLC
3
173 842 9684
Total Site Acreage: 9.849 ,
PART IV: GENERAL CONDITIONS
This permit shall expire September 5, 2014. Pursuant to 15A NCAC 13B ,0201(c), no
later than May 5, 2014, the owner or operator must submit a request to the North Carolina .
Department of Environment and Natural Resources, Division of Waste Management,
Solid Waste Section ("Section") for permit review and must update pertinent facility
plans including, but not limited to, the facility operation and waste screening plans.
2. The persons to whom this permit is issued ("permittee") are the owners and operators of
the solid waste management facility.
This permit shall not be effective until the certified copy of this permit which references
legal descriptions for all land within the solid waste management facility boundary is
recorded in the Register of Deeds office and indexed in the grantor index under the name
of the owner of the land in the county or counties in which the land is located. The
certified copy of the permit affixed with the Register's sea] and the date, book, and page
number of recording must be returned to the Section within 30 calendar days of issuance
of this permit. If the Section does not receive the certified copy of the recorded permit
within 30 calendar days of issuance of the permit, then and in that event, the permit is
suspended and of no effect until the date the Section receives the certified copy of the
recorded permit.
4. (Intentionally blank)
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 must be in accordance with the Solid
Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North
Page 6
E. All mining activities associated with the expansion of the pit into the southern
portion of the site and the construction of a perimeter berm around the southern
portion, including the installation and maintenance of the associated erosion and
sediment control measures, shall be conducted as indicated on the Mine Map
last revised April 25, 2008 and the supplemental information received by the
Land Quality Section on January 31, 2008, March 24, 2008 and May 2, 2008.
F An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Groundwater Protection
A. The observation wells denoted on the Mine Map last revised March 16, 2007
shall be monitored at least 30 days prior to initiating any excavations of
consolidated material (rock) in the initial pit area to allow for the determination of
pre-existing (static) groundwater levels.
B. The observation wells shall be drilled wells cased into consolidated rock and
grouted to the surface. The wells (boreholes) shall be extended at least 50 feet
below static water level, or at least 50 feet into unweathered rock, whichever is
deeper. The wells shall be secured against unauthorized entry with a lockable
cap. The necessary permits or approvals to construct these wells shall be
obtained from the N.C. Division of Water Quality.
C. The observation wells shall be monitored quarterly at the same day and
approximate time of day for twelve (12) consecutive months following the
installation of the wells. The static water levels shall be"measured with an
accuracy of plus or minus 0.1 foot and shall be referenced to a.datum point and
a record of the water levels maintained. The quarterly precipitation and the
volume of pit water discharge shall also be recorded. Copies of these records
shall be provided to the Department on or about the end of each quarter. Static
water level monitoring frequency may be increased or decreased following the
initial twelve (12) month period as deemed appropriate by the Department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off -site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
Facility Permit No: 92-27T-2008
Parts 1 & 2 - Permit to Construct and operate
Thornton Road Mixed Waste Transfer station
September 4, 2008
Doe ID:5461
Page 5 of 10
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.
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 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.
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 NPDES 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.
- End of Section -
Page 7
rA
0
B. Overburden cut slopes along the perimeter of any pit expansion shall be graded
to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety
bench shall be provided at the top of the rock and at the toe of any overburden
slop.
Surface -Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly -occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 88 and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration With Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
w +rzi5w.c
4-75 inrs �r f
1
1.1
81-1st `iibrativn Frequency, Hz
10.0
2.0
�.5
13.:
Ilfp
Figure if : l,--mativp bias:in ;r3.-c+! CrFt.rra
(S.]urCt� •mbc7i F •.y frOrr- -t.
Facility Permit No: 92-27T-2008
Parts 1 a 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Dot ID: W1
Pape 6 of 10
ATTACHMENT 2
CONDITIONS OF PERMIT TO CONSTRUCT
PART is TRANSFER FACILITY CONSTRUCTION CONDITIONS
Construction of the transfer facility must be in accordance with the approved plans,
Attachment 1, Part II, Document 4. Any revision or modification to these plans shall be
submitted to the NC Solid Waste Section for review and approval prior to installation,
construction or implementation of the change.
2. All sedimentation and erosion control activities must be conducted in accordance with the
Sedimentation Control Act N.C.G.S. 11 3A-50, et seq., and rules promulgated under 15A
NCAC 4.
The transfer facility construction conditions listed in this part of the permit, Attachment 2,
Part I, are in effect for 18 months following the issuance date of this permit. If construction
of the transfer facility and pre -operational approval is not completed within the 18 months,
the permittee shall submit a request to reissue the Permit to Construct and Operate, and pay a
Transfer Station Permit Modification Fee. The facility design and Operation Plan shall be
subject to and shall comply with the rules in effect at that time.
4. Under 15A NCAC 13B .0201(b), solid waste permits are issued in two parts, (i) a Permit
to Construct, and (ii) a Permit to Operate. This part of the permit, Attachment 2, Part 1,
authorizes the construction of the facility in accordance with the approved documents
shown in Attachment' 1, Part U, Document 4, and the NC Solid Waste Rules.
5. An approval to operate by the Section is required prior to commencement of operations at
the referenced transfer facility. The following requirements shall be met prior to issuance
of an'approval to operate:
a. A site inspection'shall be made by a representative of the Section.
b. Construction must be completed in accordance with the approved plan. A
certification letter stating that the facility and related infrastructure was
constructed in accordance with the approved plan shall be submitted to the
Section by the Project Engineer who shall be a North Carolina registered
professional engineer.
Page 3
C
0
Ground Vibration Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W = (D/Ds)' DS = D
W 112
V = 160(DS)-1.6
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
DS = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
Air blast With Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
decibels linear (dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
Measuring System, in Hz in dBL
0.1 Hz or lower -flat response 134 peak
2.0 Hz or lower -flat response 133 peak
6.0 Hz or lower -flat response 129 peak
Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
To convert U (psi) to P (dBL):
U = 82 (D/WO.33)-1.2
Facility Permit No: 92-27T-2008
Parts 1 & 2 - Permit to Construct and operate
Thomton Road Mixed Waste Transfer Station
September 4, 2008
Doe ID: 5461
Pape 7 of 10
Three (3) copies of the construction record (As -built) drawings, and one electronic
copy, must be submitted to the Section for filing and records.
6. A representative of the Section shall notify the Permitting Branch Supervisor in writing,
either by letter or e-mail, that the conditions have been met. The owner and operator shall
be copied on the correspondence. The notification shall suffice as permission to operate
as of the date of the notification.
7. The permittee must comply with any driveway and road improvements, as required by the
Department of Transportation, and in accordance with N.C,G.S. 13A 295.5.
- End of Section-
Page 9
P = 20 x log (U/2.9x10-9)
Confined Air blast/Overpressure (dBQ
for quarry situation:
A=P-35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives, maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions. at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the. Department upon request.
F. Excessive Ground Vibration/Air blast Reporting_
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.
Facility Permit No: 92-27T-2008
Parts 1 & 2 - Permit tm Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: 5461
Page 8 of 10
ATTACHMENT 3
CONDITIONS OF OPERATING PERMIT
PART 1: OPERATING CONDITIONS
1. The facility is permitted to receive the following:
a. "Municipal solid waste" as defined in NCGS 130A-290(a)(18a).
b. "Construction or demolition debris" as defined in G.S. 130A-290 (a)(4) means
solid waste resulting solely from construction, remodeling, repair or demolition
operations on pavement, buildings, or other structures, but does not include inert
debris, land -clearing debris or yard debris.
C. "Inert debris" as defined in G.S. 13OA-290 (a)(l4) means solid waste that consists
solely of material such as concrete, brick, concrete block, uncontaminated soil,
rock, and gravel.
d. "Land -clearing debris" as defined in G.S. 130A-290 (a)(15) means solid waste
that is generated solely from land -clearing activities, such as stumps and tree
trunks.
C. "Asphalt" in accordance with G.S. 130-294(m).
2. The following, at a minimum must not be accepted for disposal at the facility: hazardous
waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged,
regulated -asbestos containing material as defined in 40 CFR 61, PCB waste as defined in
40 CFR 761, and wastes banned from disposal in North Carolina by G.S. 130A-309.10(f).
The C&D transfer facility shall not accept those wastes prohibited from disposal in a
C&D landfill, as listed in 15A NCAC 13B .0542(e). 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.
3. This facility is permitted to receive solid waste generated within Wake, Johnston,
Durham, Granville, Franklin, Nash, Harnett, and Chatham counties. Municipal solid
waste must be transported for disposal to the Upper Piedmont Regional Landfill located
in Rougemont, Permit Number 73-04; the Sampson County Municipal Solid Waste
(MSW) Landfill located in Roseboro, Permit Number 82-02; and the South Waste MSW
Landfill, Permit Number 92-22 located in Holly Springs. Construction and demolition
waste or debris (C&D) must be transported for disposal to Shotwell C&D Landfill
located in Wendell, Permit Number 92-26; WCA Material Recovery C&D Landfill
Page 10
H. Flyrock Reporting:
Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on
the mine site shall be suspended until the following actions have been taken:
A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report shall, at a minimum, document
the cause(s) of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.
Studies:
The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
Notice:
The operator shall, when requested by the Department, give 24-hour advance
notice to the Land Quality Section Regional Office prior to any blast during a
period for which notice is requested.
9. High Wall Barrier
A physical barrier consisting large boulders placed end -to -end or fencing shall be
maintained at all times along the perimeter of any highwall prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided
at the junction between the top of rock and the toe of any overburden cut slope.
M Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as.deemed
appropriate by the Department.
Facility Permit No: 92-27T-2008
Parts 1 & 2 - Permit to Construct and Operate
Thomton Road Mixed Waste Transfer Station
September 4. 2008
Doc ID: $461
Page 9 of 10
located in Raleigh, Permit Number 92-31; and Red Rock Disposal C&D Landfill located
in Holly Springs, Permit Number 92-28. Waste must only be transported to facilities
whose service area includes the generation source. Proposed changes to the service area
and/or the disposal facility must be approved by the Section and are a modification to the
permit and may be subject to a permitting fee.
4. The permittee must not knowingly dispose of, or accept for transfer for subsequent
disposal, solid waste that is generated within the boundaries of a unit of local government
that by ordinance:
a. Prohibits generators or collectors of solid waste from disposing of that type or
form of solid waste.
b. Requires generators or collectors of solid waste to recycle that type or form of
solid waste.
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 G.S. 130A-309.25. An
attendant must be present to oversee the loading and unloading of waste.
b. The permittee must develop, and use, a training and screening program at the facility for
detecting and preventing unauthorized wastes from being accepted at the facility. At a
minimum, the program must include:
a. Random inspections of incoming loads or other comparable procedures.
b. Records of all inspections.
C. Training of personnel to recognize hazardous, liquid and other excluded waste
types.
d. Development of a contingency plan to properly manage any identified hazardous,
liquid, or other excluded or unauthorized wastes. The plan must address
identification, removal, storage and final disposition of these wastes.
The facility must be adequately secured by means of gates, chains, berms, fences, or other
security measures approved by the Solid Waste Section to prevent unauthorized entry.
Interior roadways must be of all-weather construction and maintained in good condition.
Page I I
B. Vegetated earthen berms shall be located and constructed as shown on the
Mine Map last revised April 25, 2008. In addition to grasses, long leaf and/or
Virginia pines or other acceptable evergreen species shall be planted as deemed
appropriate by the Department to improve visual and noise buffering.
11. Plan Modification
The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
12. Refuse Disposal
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the -mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be,
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air. hoses
6. drill steel
D. -if mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
Facility Permit No: 92.27T-2008
Parts 1 & 2 - Permit to Construct and operate
Thomson Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: 5461
Page 10 of 10
9. Signs must be posted at the entrance to the facility that state that no hazardous waste or
liquid waste can be received at the facility; and provide information on dumping
procedures, the hours of operation, the permit number, and other pertinent information.
Traffic signs or markers must be provided as necessary to promote an orderly traffic
pattern to and from the discharge area and to maintain efficient operating conditions.
Signs must be placed on the tipping building and in the tipping area to differentiate the
MSW and C&D tipping floor areas,
10. Open burning of solid waste is prohibited. Fires must be reported to the Regional Waste
Management Specialist within 24 (twenty-four) hours of the occurrence with a written
notification to be submitted within 15 (fifteen) calendar days of the occurrence. Fire
lanes must be maintained and passable at all times. Dimensions of the fire lanes must be
coordinated with the Fire Marshall having jurisdiction over the site.
11. The facility must not cause nuisance conditions.
a. The tipping floor and transfer trailer loading area must be maintained in a clean,
sanitary condition at all times and must be cleaned at least daily in accordance
with the approved Operation Plan.
b. Effective vector control measures must be applied at all times to control any
potential vectors including flies, rodents, insects, and other vermin.
C. Control measures must be utilized to minimize and eliminate visible dust
emissions and blowing litter.
i) Fugitive dust emissions are prohibited.
ii) Windblown materials musk be collected by the end of the day and no
windblown material may be allowed to leave the facility boundary.
12. MSW must only be deposited on the "tipping floor" designated for MSW or directly into a,
transfer container in accordance with the approved Operation Plan. Waste must not be stored
on the "tipping floor" after operating hours.
13. C&D waste must only be deposited on the "tipping floor" designated for C&D waste, directly
into a transfer container, or directly into a recycling container in accordance with the
approved Operation Plan, C& D may not be stored on the tipping floor after operating hours.
Page 12
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established
13. Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. Bonding
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.
Facility Permit No: 92-27T-2008
Parts 1 & 2 • Permit to Construct and Operate
Thornton Road infixed Waste Transfer Station
September 4, 2008
Doc ID: 5461
Page 11 of 10
14. Waste may be stored on -site, in leak proof transfer trailers, with watertight covers, a
maximum of 24 hours except that a minimal amount of waste may be stored for a
maximum of 72 hours when the facility is closed during a weekend or holiday. Storage of
the waste must not cause any nuisance, such as odor or attraction of vectors.
15. Only cardboard, clean wood debris, pallets, metals, clean brick and concrete blocks, and
clean concrete are approved for recycling. Engineered or glued wood (such as particle
board) and painted debris are not approved for recycling.
16. Demolition debris waste must not be sorted for recycling, unless an asbestos screening
plan has been submitted to the Division of Epidemiology of the Department of Health and
Human Services for approval and the approved plan forwarded to the Section for
inclusion in the operations plan for the facility.
17. Except for inert debris, all recyclables must be sorted and stored in containers by the end
of each operating day. Containers must be covered at the end of each operating day, and
during rain events. All non-recyclables in the sorting area must be placed in transfer
trailers for disposal by the end of each operating day.
18. Recycled materials placed in containers must be removed from the site once the container
is full. Recyclable material may be stored in covered containers in the recycling area in
accordance with the approved Operation Plan for up to one year. The approved
maximum storage volume of recycled materials is approximately 500 cubic yards.
19. All water that comes in contact with solid waste, including vehicle wash -down water, is-
leachate and must be captured and properly treated before release to the environment.
a. The leachate control system, such as floor drains, leachate collection devices,
sanitary sewer connections and leachate storage tanks, must be operational during
facility operations.
b. The tipping floor must drain away from the building entrance and into the leachate
collection system.
20. All sedimentation and erosion control activities must be conducted in accordance with the
Sedimentation Control Act N.C.G.S. 1 i3A-50, et seq., and rules promulgated under 15A
NCAC 4.
Page 13
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with .
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain.on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service. .
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent barricade
(fence) along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
Facility Permit 140, 92.27T•2008
Parts 1 & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Ooc ID: 5461
Page 12 of 10
21. Copies of this permit, the approved plans and all records required to be maintained by the
permittee must be maintained at the facility, unless otherwise approved by the Section,
and made available to the Section upon request during normal business hours.
22. 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. The permittee must
identify MSW that is "commercial solid waste" or "industrial solid waste" as defined in
15A NCAC 13B ,1602 in the records. Scales must be used to weigh the amount of waste
received. The permittee must maintain a record of the amounts of waste transported out
of the facility for disposal, amounts of materials transported out of the facility for
recovery and recycling, and amounts of waste or material with any other final disposition,
to be compiled on a monthly basis. The daily records are to be summarized into a
monthly report for use in the required annual reports, to include a comparison of
incoming versus outgoing amounts. Documentation of end-users/processors/recyclers
must be maintained for recycled and recovered materials.
23. Waste source summaries for each outgoing truckload must be maintained, as described in
Section 2.6.4 of the Operations Manual (Document 4, Attachment 1, Part Il), and made
available to the Section upon request during normal business hours.
24, 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.
c. The tons of C&D waste recycled, recovered or diverted from disposal including a
description of how and where the material was ultimately managed must be
included in the report.
d. The completed report must be forwarded to the Regional Environmental Specialist
for the facility by the date due on the prescribed annual facility report form.
Page 14
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine -site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated as per the following:.
Permanent Seeding Specifications
Dates
Species
Rate, Lbs/Acre
February 15- April 1
Korean Lespedeza
10
Fescue
40
Redtop
1
Winter rye (grain)
15
April 1- July 31
Common Bermuda
50
August 1- October 25
Lespedeza (unscarified)
30
German millet
40
October 25- February 15
Rye (grain- temporary)
120
Soil Amendments
Lime- 2000 lbs/acre
or follow recommendations from a soil test.
Fertilizer- . 1000 Ibs/acre
8-8-8 or 10-10-10, or follow recommendations from a soil
test.
Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibs/acre and anchored appropriately.
Facility Permit No: 92-27T-2008
Parts 1 a 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: 6461
Page 13 of 10
e. A copy of the completed report must be forwarded to each county manager for
each county from which waste was received 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.
25. Processing of materials, shredding, or grinding must not take place at the facility unless
approval has been granted under the special use permit and a revised operations plan has
been submitted to the Solid Waste Section.
26. Financial assurance as required by state rules and statutes must be established with proof
submitted to the Division within 30 calendar days of the issuance of this permit. The
financial assurance must be continuously maintained for the duration of the facility in
accordance with the applicable rules and statutes.
PART II: MISCELLANEOUS SOLID WASTE MANAGEMENT CONDITIONS
OPERATION DURING CONSTRUCTION
27. The permittee may operate the existing Construction Debris transfer station, as permitted
to PCM Construction, during construction of the new facility. The facility must be
operated in accordance with the approved plans listed in Attachment 1, Part I1,
Documents 1 through 3, and the conditions of this section Attachment 3, Part II.
28. Approval to operate the existing facility, as permitted to PCM Construction, expires
March 3, 2010, or when construction of the new facility is completed and pre -operational
approval of the new facility is granted, whichever is sooner. If construction of the new
facility and pre -operational approval is not completed within IS months, the permittee
must submit a request for reissuance of the Permit to Construct and Operate, and pay a
Transfer Station Permit Modification Fee. The facility design and Operation Plan shall
be subject to and shall comply with the rules in effect at that time.
29, The facility is permitted to receive new construction waste only. Prohibited wastes
include demolition waste, hazardous waste, household waste, commercial/industrial
waste, liquid wastes and those wastes listed in the operations plan submitted by PCM.
30. This facility is permitted to receive construction debris waste generated within Wake,
Johnston, Durham, Granville, Franklin, Nash, Harnett, and Chatham counties. Waste
Page 15
In addition to the above, the following shall be added:
Spring/Summer May
1-Sept. 15
Fall/ Winter Sept. 15-April
30
Browntop millet
20 Ibsla
Rye grain
120 Ibsla
Korean Lespedeza
20 lbsla
Korean lespedeza
20 Ibsla
Shrub lespedeza
1 Ibs/a
Shrub lespedeza
1 Ib/a
On slopes greater than 3 horizontal to 1 vertical, use Sericea lespedeza instead of
Korean lespedeza.
Add one of the following to the above mixture:
Crown Vetch 5 lbslacre
Ladino Clover 5 lbslacre
Alfalfa lbslacre
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued to Salem Stone Company on July 2, 1987, modified September 21,
1989, March 22, 1990, October 30, 1992 and March 16, 1993, transferred to Martin
Marietta Aggregates and modified September 24, 1993, modified December 30, 1993,
January 13, 1995, September 27, 1996 and January 30, 1997, renewed and modified
January 23, 1998, modified April 19, 2000 and December 13, 2005 and renewed and
modified April 12, 2007, is hereby modified this 17th day of June, 2007 pursuant to G.S.
74-52.
W/
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
Facility Permit Nm 92-27T-2008
Parts 1 & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4. 2008
Doc lo: W1
Page 14 of 10
must be transported for disposal to Shotwell C&D Landfill located in Wendell, Permit
Number 92-26; WCA Material Recovery C&D Landfill located in Raleigh, Permit
Number 92-31; and/or Red Rock Disposal C&D Landfill located in Holly Springs, Permit
Number 92-28. Waste must only be transported to facilities whose service area includes
the generation source. Proposed changes to the service area and/or the disposal facilities
must be approved by the Section.
31. The permittee must not knowingly dispose of, or accept for transfer for subsequent
disposal, solid waste that is generated within the boundaries of a unit of local government
that by ordinance:
a. Prohibits generators or collectors of solid waste from disposing of that type or
form of solid waste.
b. Requires generators or collectors of solid waste to recycle that type or form of
solid waste.
32. Waste must not be stored on the "tipping area" after operating hours. Waste can be stored
on -site, in leak proof transfer trailers, with watertight covers, a maximum of 24 hours
except that a minimal amount of waste may be stored for a maximum of 72 hours when
.the facility is closed during a weekend or holiday. Storage of the waste must not cause
any nuisance, such as odor or attraction of vectors.
33. The transfer facility must be maintained in a sanitary, clean condition after operating
hours, in accordance with the approved plans.
34. New construction waste must not be placed on the tipping area during rainfall events.
Leachate and contaminated run-off shall be collected and properly treated or disposed.
35. Waste must not be unloaded or stored in ponded water at the site.
36. 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.
C. The reporting period shall be for the previous year beginning July 1 and ending
June 30.
aj;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of land Resources
Land Quality Section
James D, Simons, PG, PE Beverly Eaves Perdue, Governor
Director.and State Geologist Dee Freeman, Secretary
March 24, 2009
CERTIFIED MAI
RETURN RECEIPT REQUESTED
7003 1680 0000 1479 4349
Mr. Gary Oxford, Operations Manager
Oldcastle Materials, Inc.
APAC-Atlantic, Inc.
639 Fanning Bridge Road
Fletcher, North Carolina 28732
RE: Mining Permit No. 45-02
Fletcher Limestone Quarry
Henderson County
French Broad River Basins
Dear Mr. Oxford:
Your request to have the corporate name changed on the above referenced mining
permit from Oldcastle Industrial Minerals DBA Fletcher Limestone to Oldcastle Materials, Inc.
doing business as APAC-Atlantic, Inc. is hereby approved. As we have received the required
surety in an amount sufficient to cover these operations, I am enclosing new cover sheet for
the mining permit. The permit number, expiration date and mine name shall remain the same
as before this corporate name change.
Please attach this approval letter to your existing mining permit for future reference.
Please review the cover sheet carefully and notify this office of any objections, questions or
corrections that may need to be addressed. I have also enclosed the old reclamation bonds
for your disposal.
AS a reminder, your permitted acreage at this site is 121.57 acres and the amount of
land you are approved to disturb is 51.9 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr,enr.state.nc.uslpagesllandqualitysection.html
An Equal Opportunity I Affirmative Action Employer —50% Recycled 110% Post Consumer Paper
Facility Permit No: 92-27T-2008
Parts t & 2 - Permit to Construct and Operate
Thornton Road Mixed Waste Transfer Station
September 4, 2008
Doc ID: 5481
Page 15 of 10
d. 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.
e. The completed report must be forwarded to the Regional Environmental 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 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.
- End of Permit Conditions —
Certified Mail
Mr. Oxford
Page Two
Thank you for your cooperation in this matter. If you should have any questions, please
contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574.
Sincerel ,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWIjw
Enclosures
cc: Ms. Janet Boyer, PE
Mr. Bradley Bennett-DWQ, w/enclosures
Ms. Shannon Deaton -WRC, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
I do hereby certify that the attached PERMIT TO CONSTRUCT AND OPERATE is an
exact and true original of PERMIT NUMBER 92-27T for the Thornton Road Mixed
Waste Transfer Station and Recycling Center.
North Carolina
County
I
Edward F. Mussler, 111, P.E.
Permitting Branch Supervisor
Solid Waste Section
Division of Waste Management
Notary Public for
County,
North Carolina, do hereby certify that Edward F. Mussler, 111, Supervisor of the
Permitting Branch, Solid Waste Section, Division of Waste Management, NCDENR,
personally appeared before me this day and acknowledge the due execution of the
foregoing instrument.
Witness my hand and official seal,
This the day of , 20
OFFICIAL SEAL
NOTARY PUBLIC
My commission expires , 20
Note to Register of Deeds: This certified original permit shall be recorded by the Register of Deeds and indexed in the
grantor index under the name of the land owner. The cartlf led original affixed with the Register's seal and the date, book,
and page number of recording shall be returned to the Permitting Branch Supervisor, Division of Waste Management, Solid
Waste Section,1646 Mail Service Center, Raleigh, NC 27699-1646-
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining
Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations
Permission is hereby granted to:
Oldcastle Materials, Inc. doing business as APAC-Atlantic, Inc.
Fletcher Limestone Quarry
Henderson County - Permit No. 45-02
for the operation of a
Limestone/Crushed Stone Quarry
which shall provide that the usefulness, productivity and scenic values of all lands and waters
affected by this mining operation will receive the greatest practical degree of protection and
restoration.
MINING PERMIT EXPIRATION DATE: January 22, 2013
NOTE:,�,THE SPACE ABOVE IS FOR THE REGISTER OF DEEDS USE
THIS PAGEISiPROVIDED FOR RECORDATION PURPOSES. THE ENTIRE
DOCUM'EN `,'INCLUDING THIS PAGE, SHOULD BE RECORDED IN THE GRANTOR
INDEX' DER THE NAME OF THE LANDOWNER FOR THE PARCEL OF
PROPERTY LOCATED IN WAKE COUNTY AND SAID PROPERTY BEING OWNED
BY DYNASTY HOLDINGS, LLC AND FURTHER IDENTIFIED BY THE DEEDS
RECORDED AS LISTED BELOW:
Wake County, N.C. Register of Deeds
Book
Page
Grantee
Grantor
Book of
Maps 2007
2838
Recombination Plat
New Lot 3 Area
13204
806-808
P)Tagty Holdin' s, LLC
Dynasty Holdin s, LLC
Total Site Acreage: 9.849
THE PURPOSE OF THIS RECORDATION IS TO NOTIFY FUTURE BUYERS OF SAID
PROPERTY THAT A SOLID WASTE MANAGEMENT ACTIVITY HAS OPERATED ON
THE PROPERTY.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist March 26, 2009 Dee Freeman, Secretary
Mr. Jerry T. Womack
Route 168, Inc.
1190 Harmony Road
Norfolk, VA 23502 o
RE: Mining Permit No. 27-41
Route 168, Inc. Mine
Currituck County
Pasquotank River Basin
V
Dear Mr_ Womack:
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is March 26, 2019.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition No.
4C.
An inspection was made of the above mine on January 15, 2009 in accordance with
G.S. 74-56 of the Mining Act of 1971.
The 40.82 acre area at the site requested to be released, as indicated on the mine map
(last revised March 10, 2009), has been disturbed. Therefore, your company is released from
further reclamation responsibility for this area with respect to the Mining Act of 1971.
As a reminder, your company's permitted acreage is now 97.21 acres and the amount
of land your company is allowed to disturb at this site is 21 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http:llwww.dlr.enr.state.nc.uslpages/landqualitysection.html
An Equal Opportunity / Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
ii
Division of Energy, Mineral, and Land Resources
: • Land Quality Section / Stormwater Program
Nationai Pollutant Discharge Elimination System (NPDES)
Energy, Mineral& PERMIT OWNER AFFILIATION DESIGNATION FORM
Land Resources
E14VIRONMEN r AL OVAL" r (Individual Legally Responsible for Permit)
Use this form if there has been:
FOR AGENCY USE ONLY
Date Received
Year
Month
Dav
NO CHANGE in facility ownership or facility name, but the individual
who is legally responsible for the permit has changed.
If the name of the facility has changed, or if the ownership of the facility has changed,
do NOT use this form. Instead, you must fill out a Name -Ownership Change Form
and submit the completed form with all required documentation.
What does "legally responsible individual' mean?
The person is either:
• the responsible corporate officer (for a corporation);�(�\ !n
• the principle executive officer or ranking elected official (for a municipality, state, e era orIttlerptis
agency); FEB 0 8 2019 v!,
• the general partner or proprietor (for a partnership or sole proprietorship);
• or, the duly authorized representative of one of the above. DFNR-LAND QUALITY
STORMWATFR ptRMITTING
1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation")
applies:
Individual Permit (or) Certificate of Coverage
N I C 'S I I I I J= I N _C I G 11 13 10 10 1 5 8
2) Facility Information:
Facility name: Raleigh Transfer Station
Company/Owner Organization: Republic Services of North Carolina, LLC
Facility address: 5565 Thornton Road
Address
Raleigh NC 27616
City State Zip
To find the current legally responsible person associated with your permit, go to this website:
htip:Hdeq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-program
and run the Permit Contact Summary Report.
3) OLD OWNER AFFILIATION that should be removed:
Previous legally responsible individual: Drew Isenhour
First M1 Last
d) NEW OWNER AFFILIATION (legally responsible for the permit):
Person legally responsible for this permit: Joseph Dehner
First MI last
Page I oi'2
SWU-UWNLRAF F11; 23March2017
i
NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form
(if no Facility Name/Ownership Change)
General Manager
Title
5111 Chin Page Road
Mailing Address
Durham NC 27703
City State Zip
( 919 ) 433-0914 jdehner@republicservices.com
'telephone E-mail Address ^
( 919 ) 991-1036
Fax Number
5) Reason for this change:
A result of:❑ Employee or management change
Inappropriate or incorrect designation before
❑ Other
If 'olher please explain:
The certification below must be completed and signed by the permit holder.
PERMITTEE CERTIFICATION:
1. Joe Dehner , attest that this application for this change in Owner Affiliation
(person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my
knowledge. I understand that if all required parts of this form are not completed, this change may not be
Signature
Date
PLEASE SEND THE COMPLETED FORM TO:
DEMLR - Stormwater Program
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
For more information or staff contacts, please call (919) 707-9220 or visit the website
at: http://deg.tie.gov/about/d iv i sions/ener-mineral-land-resources/stormwater
Page 2 of 2
5WU•OWNE.RAF F11r23MarNi7