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HomeMy WebLinkAboutNCG020854_COMPLETE FILE - HISTORICAL_20170131STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. �v �� Pao Jam/ DOC TYPE PYHISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ I e 13 YYYYM M D D e aceAnalytical wwrpxaleosoxn Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville. NC 28804 (828)254-7178 June 21, 2016 / D a 135- �� � N CT /� U (0 Glenn Amey Charrah 330 S Tryon St Suite 510 Charlotte, NC 28202 RE: Project: 2016 SW 6/16116 Pace Project No.: 92301709 Dear Glenn Amey: , mA 3 .k "I SIR Enclosed are the analytical results for sample(s) received by the laboratory on June 16, 2016. The results relate only to the samples included in this report. Results reported herein conform to the most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. Analyses were performed at the Pace Analytical Services location indicated on the sample analyte page for analysis unless otherwise footnoted. If you have any questions concerning this report, please feel free to contact me. Sincerely, Chris Derouen christopher.derouen@pacelabs.com Project Manager Enclosures cc: Collin Mummert, Charah Inc 4Ih REPORT OF LABORATORY ANALYSIS This report shall not loe reproduced, except in full. without the written consent of Pace Analytical Services, Inc.. Page 1 of 17 ace Analytical* wswpswfa6saom f Project: 2016 SW 6/16/16 Pace Project No.: 92301709 Asheville Certification IDs 2225 Riverside Drive, Asheville, NC 28804 FloridalNELAP Certification #: E87648 Massachusetts Certification #: M-NC030 North Carolina Drinking Water Certification #: 37712 Eden Certification IDs 205 East Meadow Road Suite A, Eden, NC 27288 North Carolina Drinking Water Certification #: 37738 CERTIFICATIONS North Carolina Wastewater Certification #: 40 South Carolina Certification #: 99030001 VrginiaNELAP Certification #: 460222 North Carolina Wastewater Certification #: 633 VrginiaNELAP Certification #: 460025 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (826)254-7176 Page 2 of 17 aceAnalytical xwwPsrr.'aasmm SAMPLE ANALYTE COUNT Project: 2016 SW 6116/16 Pace Project No.: 92301709 Pace Analytical Services. Inc, 2225 Riverside Or, Asheville, NC 28804 18281254-7176 Lab ID Sample ID Method Analysts Analytts Reported Laboratory 92301709001 SED 4 SM 2540D CRP 1 PASI-E SM 2540F CHM I PASI-E EPA 180.1 DMN 1 PASI-A 92301709002 SED 3 SM 2540D CRP I PASI-E SM 2540F CHM i PASI-E EPA 180.1 DMN 1 PASI-A 92301709003 SED 1 SM 2540D CRP 1 PASI-E SM 2540F CHM 1 PASI-E EPA 180.1 DMN 1 PASI-A REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in roll. without the written consent of Pam Analytical Services, Inc Page 3 of 17 aceAnalytical e .pemretm. SUMMARY OF DETECTION Pace Analytical Services, Inc. 2225 Rwerslde Dr, Asheville, NC 28804 (828)254-7176 Project: 2016 SW 6116/16 Pace Project No.: 92301709 Lab Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 92301709001 SED 4 SM 2540D Total Suspended Solids 61.8 mglL 7.6 06/20116 15:58 EPA 180.1 Turbidity 58.2 NTU 1.0 06/17/16 23:14 92301709002 SED 1 SM 2540D Total Suspended Solids 23.9 mglL 4.4 0620M6 15:58 EPA 180.1 Turbidity 19.0 NTU 1.0 08/17116 23:14 92301709003 SED 1 SM 2540D Total Suspended Solids 8.8 mg/L 2.5 06/20/16 15:58 EPA 180.1 Turbidity 6.9 NTU 1.0 06/17/16 23:14 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full. without the written consent of Pace Analytical Services. Inc,. Page 4 of 17 s ace Analytical xwwpacalabs oom PROJECT NARRATIVE Project: 2016 SW 6/16/16 Pace Project No: 92301709 Method: SM 2540D Description: 2540D Total Suspended Solids Client: Charah Dale: June 21, 2016 Pace Analytical services, Inc. 2225 Riverside Or Asheville, NC 28804 (828)254-7176 General Information: 3 samples were analyzed for SM 2540D. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold limes with any exceptions noted below. Initial Calibrations (including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below Method Blank: All anatyles were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the wnaen consent of Pace Analytical services, Inc.. Page 5 of 17 s aceAnalXical PROJECT NARRATIVE Project: 2016 SW 6/16116 Pace Project No.: 92301709 Method: SM 2540F Description: 2540F Total Settleable Solids Client: Charah Date: June 21, 2016 Pace Analytical Services, Inc. 2225 Riverside Or Asheville, NC 28804 (e29)254-717e General Information: 3 samples were analyzed for SM 2540F Al samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold limes with any exceptions noted below. Initial Calibrations (including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below Continuing Calibration: All criteria were within method requirements with any exceptions noted below Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below. Method Blank: All analyses were below the report limit in the method blank, where applicable, with any exceptions noted below Laboratory Control Spike: All laboratory control spike compounds were within GC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments REPORT OF LABORATORY ANALYSIS This report shall riot be ep oduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 6 of 17 aceAna1j cal PROJECT NARRATIVE Project: 2016 SW 6/16116 Pace Project No.: 92301709 Method: EPA 180.1 Description: 180.1 Turbidity Client: Charah Date: June 21, 2016 Pace Analytical services, Inc. 2225 Riverside Dr. Asheville. NC 28804 (828)254-717e General Information: 3 samples were analyzed for EPA 180.1. Al samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached al the end of this report. Hold Time: The samples were analyzed within the method required hold limes with any exceptions noted below. Method Blank: All anatyles were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within DC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments This data package has been reviewed for quality and completeness and is approved for release. REPORT OF LABORATORY ANALYSIS This report shall not Ee reproduced. except in full, without the written consent of Pace Analytical Services. Inc.. Page 7 of 17 Pace Analytical Somiees, Inc. a Riverside Dr aceAnaVical Ashevihevi . Asheville. NC 28609 wawPorasscam (629)254-7176 ANALYTICAL RESULTS Project: 2016 SW 6/16/16 Pace Project No.: 92301709 Sample: SED 4 Lab ID: 92301709001 Collected: 06/16/16 09:00 Received: 06/16/16 14:35 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Dual 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 61.8 mg/L 7.6 1 06/20/16 15:58 2540F Total Settleable Solids Analytical Method: SM 2540F Total Settleable Solids ND ni 0.10 1 06/17/1609:05 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 68.2 NTU 1.0 1 06/17/1623:14 REPORT OF LABORATORY ANALYSIS This report shall not oa reproduced, except in lull, Dale: 06/21/2016 10:53 AM without the wnden consent of Pace Analytical Services, Inc.. Page 8 of 17 0 i Pace Analytical Services, Inc. • 2225 Riversiee Dr. aceAnalytical Asheville NC 2BB04 ewsrpa vleeacom (828)254-7176 ANALYTICAL RESULTS Project: 2016 SW 6116116 Pace Project No.: 92301709 Sample: SED 3 Parameters Lab ID: 92301709002 Collected: 06116/1609:00 Results Units Report Limit OF Received: 06/1611614:35 Matrix: Water Prepared Analyzed CAS No. Dual 2640D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 23.9 mg/L 4.4 1 06/20/16 15:58 254OF Total Settleable Solids Analytical Method: SM 254OF Total Settleable Solids NO mUUhr 0.10 1 06/17/16 09:05 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 19.0 NTU 1.0 1 06/1711623:14 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 06/21/2016 10:53 AM without the written consent of Pace Analytical Services, Inc, Page 9 of 17 aceAnalytical e.wpxalessoom ANALYTICAL RESULTS Project: 2016 SW 6/16/16 Pace Project No.: 92301709 Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 Sample: SED 1 Lab ID: 92301709003 Collected: 06/16/16 09:00 Received: 06/16/16 14:35 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 8.8 mg/L 2.5 1 06/20/16 15:58 2640F Total Settleable Solids Analytical Method: SM 2540F Total Settleable Solids ND mUUhr 0.10 1 06/17/16 09:05 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 6.9 NTU 1.0 1 06/17/1623:14 Date: 06/21/2016 10:53 AM REPORT OF LABORATORY ANALYSIS This report shell not he reproduced, except in lull, without the written consent of Pace Analytical Services, Inc.. Page 10 of 17 aceAnalytical. wawpecNaascam QUALITY CONTROL DATA Project: 2016 SW 6/16/16 Pace Project No.: 92301709 QC Batch: EDEN/23188 Analysis Method: SM 2540D OC Batch Method: SM 2540D Analysis Description: 2540D Total Suspended Solids Associated Lab Samples: 923017C9001, 92301709002, 92301709003 METHOD BLANK: 1759839 Matrix: Water Associated Lab Samples: 92301709001. 92301709002. 92301709003 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Suspended Solids mglL NO 2.5 06120/16 15:56 Pace Analytical services, Inc. 2225 Riverside Dr Asheville, NC 28804 (B28)254 7176 LABORATORY CONTROL SAMPLE: 1759840 Spike LCS LCS %Rec Parameter Units Conic. Result %Rec Limits Qualifiers Total Suspended Solids mg/L 250 258 103 9C-110 SAMPLE DUPLICATE: 1759841 92301706001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 26.7 27.5 3 Results presented on this page ere In Me units Indicated by Me "Unite' column except where an Imamate unit Is presented to the right or the result. REPORT OF LABORATORY ANALYSIS This report shall not to, reproduced, except in full, Date: 06121/2016 10:53 AM without the written consent of Pace Analytical Services, Inc.. Page 11 of 17 aceAnalAcale rnawpecowscom QUALITY CONTROL DATA Project: 2016 SW 6116/16 Pace Project No.: 92301709 QC Batch: EDEN123166 Analysis Method: SM 254OF QC Batch Method: SM 254OF Analysis Description: 254OF Total Satiable Solids Associated Lab Samples: 92301709001, 92301709002, 92301709003 METHOD BLANK: 1758042 Matrix: Water Associated Lab Samples: 92301709001, 92301709002, 92301709003 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Settleable Solids mUUhr NO 0.10 06117/1609:05 SAMPLE DUPLICATE: 1758043 92301709001 Cup Parameter Units Result Result RPD Qualifiers Total Settleable Solids mUUhr ND ND Pace Analytical Services, Inc. 2225 Riverside D,. Asheville, NC 28804 (828)254-7176 Results prevented on this page are In Me units Indicated by the "Units" column except shun an altemas unit Is presented to the right of Me result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 06/21/2016 10:53 AM without the written consent of Pace Analytical Services, Inc.. Page 12 of 17 aceAnalytical wwpeulebstam QUALITY CONTROL DATA Project: 2016 SW 6/16/16 Pace Project NO.: 92301709 OC Batch: WET/45610 Analysis Method: EPA 180.1 QC Batch Method: EPA 180.1 Analysis Description: 180.1 "1"urbidity Associated Lab Samples: 92301709001, 92301709002, 92301709003 Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 METHOD BLANK: 1758931 Matrix: Water Associated Lab Samples: 92301709001, 92301709002, 92301709003 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Turbidity NTU ND 1.0 06/17/1623:14 LABORATORY CONTROL SAMPLE: 1758932 Spike LCS LCS % Rec Parameter Units Conc. Result %Rec Limits Qualifiers Turbidity NTU 10 10.0 100 90-110 SAMPLE DUPLICATE: 1758933 92301709001 Dup Parameter Units Result Result RPD Qualifiers Turbidity NTU 58.2 58.7 1 Itti presented on this page are In Na unite indicated by the "Units' column except when an aeemale unit Is presented to the tight of the insult. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced. except in full. Date: 06121/201610:53 AM without the written consent of Pace Analytical services, Inc, Page 13 of 17 (�IaceAnalytical' .peoNaGsmm QUALIFIERS Project. 2016 SW 6116/16 Pace Project No.: 92301709 DEFINITIONS Pace Analytical services, Inc. 2225 Riverside Dr. Asheville. NC 281304 (928)254-7175 DF - Dilution Factor. if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL- Adjusted Method Detection Limit. POL- Practical Ouantitation Limit. RL - Reporting Limit. S - Surrogate 1,2.Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) OUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroethylvinyl ether, Styrene, and Vinyl chloride. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270, The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. TNI - The NELAC Institute. LABORATORIES PASI-A Pace Analytical Services - Asheville PASI-E Pace Analytical Services - Eden REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 06/21/2015 10:53 AM without the written consent of Pace Analytical Services. Inc.. Page 14 of 17 aceAnalytical arwpawfadawm QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: 2016 SW 6/16/16 Pace Project No.: 92301709 Pace Analytical Services. Inc. 2225 Riverside Ur Asheville, NC 28804 (828)254-7176 Lab ID Sample ID QC Batch Method QC Batch Analytical Method 92301709001 SED 4 SM 2540D EDEN123188 92301709002 SED 3 SM 2540D EDEN123188 92301709003 SED 1 SM 2540D EDEN/23188 92301709001 SED 4 SM 254OF EDEN1231643 92301709002 SED 3 SM 2540F EDEN/23166 92301709003 SED i SM 2540F EDEN/23166 92301709001 SED 4 EPA 180.1 WET/45610 92301709002 SED 3 EPA 180.1 WET/45610 92301709003 SED1 EPA 180.1 WET/45610 Date: 06121/2016 10:53 AM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Analytical Batch Page 15 of 17 /, �:P,aceArulyfical Document Name: Document No.: Document Revised: May 24, 2016 Issuing Client IName: ! � project g wo# : 92301709 Courier: EJFed I 1"t' I UPS ❑LISPS Client II II� III I I II I I I I II �II ❑Commercial []pace ❑Dthec_ ,�// 92301709 Custody Seal Present? []Yes No Seals Intact? []Yes �rvo Daic/Initlab Pttian Examinln� Contanu: Packing Material: ❑Bubble Wrap ❑Bubble Bags one []Other Thermometer: T1505 Type of Ice: own ❑Nua one ❑:ampler on ice, tooling process has b un Correction Factor: O.O'C Cooler Temp Corrected (IC); i` lologiral Tissues Fr oxen? ❑Yes QNo N/A Temp should be abovefree to VC USDA Regulated Sall N/A, water sample) Did samples a ate In a quarantine tone within the United States: CA, NY, or SC (check maps)? Did samples originate from a foreign source (Imemat []Yes0 Including Hawail and Puerto Ricci? OYes LdKo Lommersts/Oletrepasicy:. _ Chain of Custody Present? n ND N/A 1. Samples Arrivedwlthln Hold 7lme? ONO ONJA Z. Short Hold Time An - Is O2 hr.? ❑Yes N/A. 3. Rush Turn Around Time Requested? OYes o MNJA 4. Suffklam volume? Yes No N/A 5. Correct Containers Used? .-OYn ❑No ❑N/A 6. -Pace Containers Used? Yes ONO ONIA Containers Intact? Yee CINO N A 7. Samples Field Filtered? ❑Yes ❑No N/A B. Note B sediment lsvlsible In the dissolved container Sample labels Match C-OCP ,Ox, ONO ❑N/A 9. V � -Induces Date/Time/ID/Analysis Matrix: All containers needing add/base preservation have been 10. ehadeed7 ❑Yes ONO /A All contalners needing preservation we found to be In compliance with EPArecommendatlon? waarrxa (HNOs, H,SO., HCI<2; NaOH >9 Sulfide, NaOH>12 Cyenlde) ❑Yes ONO N/A N Eaceptlonc VOA, Collform, TOC, Oil and Grease, e,wwu DRO/8015 (water) DOC,LLHg ❑Yes ❑No Q(N/A Samples checked for deehiodra0on7 Yet ONO 1A 11. Mead ace In VOA Vials >S-6mm 1 Yo 13NO A 12. Trip Blank Present? ❑Yes ONO QwlA 13. Trip Blank Custody Saab Present? ❑Yo ONO ❑Ff/A Pace Trip Blank lot a (if purchased): / [LENT NOTIFICATION/RESOLUTION Person Contacted: Comments/Ample Discrepancy: Date/lime: Field Data Requlred? ❑Yes ONO Project Manager SCURF Review: /// Date: Project Manager SRF Review: Date: Note: Whenever there Is a dbmpanry affecting North Carolina complunce samples, a copy of this fort, Me be sent to the North Out of hold, Incorrect preservative, out of tamp, incorrect mmalnars) Mee Ile. Page 16 of 17 aceAnalytica!' 4wia.p�celeDa.csm i 6701 Conference Ddve, Raleigh, NC 27607 ph; (919) 9344984, to; (919) 6306997 NCWW Cem167, NCOW CwW7731 Report Results To Chain of Custody W.O.# Company: /',(na.r:.L.. Sne Address: W7I �(Lntr.i, IE'&,y vty2d /Z.d eat is J[ 17531 Attn: 4t..v.'.r �Vr�GAt'�5./41- Phone: 3NX -Y iR- 62 s ) Fax:e" M, j+,04 a rLiZe- Mrn1.. rYYI Sampled by (signature): Bill To: Project Reference: ZU7( 5/u4MLJ44 r �icw a rein a Project Number: Purchase Order k: ❑ Standard Report Delivery ❑ Rush Report Delivery (wlsurcharge) **Flush Dto)edi are sublKI m paw spa W by the laboraxrry Requested Due Cale: ;elDtgtildr by(agrtalura) R IIJIV D a 'fi 3 9 hod by (signature) R b1' (eigroture) Dodd Time ielhquishad by(el9natura) Reoeived by (signature) Date Tana Receipt Condl6one(La I ❑ 41M ❑Temp Res. Chlodrw: ❑Abwm ❑Present ❑nda Add preserv. <27 ❑ Vas ❑ No ❑ Na Bess preaerv. s127 ❑ yes ❑ No ❑ n/a Page 17 of 17 e aceAnalytical swwpsobesavn June 30, 2016 Glenn Amey Charrah 330 S Tryon St Suite 510 Charlotte, NC 28202 RE: Project: Stormwater 6/28 Pace Project No.: 92303136 Dear Glenn Amey: Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (828)254.7176 Enclosed are the analytical results for sample(s) received by the laboratory on June 28, 2016. The results relate only to the samples included in this report. Results reported herein conform to the most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. Analyses were performed at the Pace Analytical Services location indicated on the sample analyte page for analysis unless otherwise footnoted. If you have any questions concerning this report, please feel free to contact me. Sincerely, Chris Derouen christopher.derouen@pacelabs.com Project Manager Enclosures cc: Collin Mummert, Charah Inc REPORT OF LABORATORY ANALYSIS This report shall not be reproduced except in full, without the written consent of Pace Analytical Services, Inc.. Page 1 of 16 (�IaceAnalyfical' ewwpxNabs. Project: Slormwater 6128 Pace Project No: 92303136 Asheville Certification IDs 2225 Riverside Drive, Asheville, NC 28804 FlondalNELAP Cerlificalion If: E87648 Massachusetts Certification #: M-NC030 North Carolina Drinking Water Certification #: 37712 Eden Certification IDs 205 East Meadow Road Suite A, Eden, NC 27288 North Carolina Drinking Water Certification #: 37738 CERTIFICATIONS North Carolina Wastewater Certification #: 40 South Carolina Certification M 99030001 vrginiaA/ELAP Certification #: 460222 North Carolina Wastewater Certification #: 633 Virginia(VELAP Certification #: 460025 REPORT OF LABORATORY ANALYSIS Pace Analytical Services, Inc. 2225 Riverside Di Asheville, NC 2BB04 (828)254-7176 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Page 2 of 16 aceAnalytical0 • nipeodittmm SAMPLE ANALYTE COUNT Pace Analytical Services, Inc. 2225 Riverside Dr Asheville. NC 28804 (828)254J116 Project: Pace Project No.: Stormwaler 6/28 92303136 Analyses Lab ID Sample ID Method Analysts Reported Laboratory 92303136001 BASIN 2 SM 25400 CHM 1 PASI-E SM 2540F CHM 1 PASI-E EPA 180.1 MLS 1 PASI-A 92303136002 BASIN 4 SM 2540D CHM 1 PASI-E SM 2540F CHM 1 PASI-E EPA 180.1 MLS 1 PASI-A REPORT OF LABORATORY ANALYSIS This mpo t shall not be reproduced, except in full. without the written consent of Pace Analytical Services, Inc.. Page 3 of 16 aceAnalyticala sww:ps[MSDamm SUMMARY OF DETECTION Pace Analytical Services, Inc. 2225 Riverside or Asheville, NC 28804 (828)254-7176 Project: Stormwater 6l28 Pace Project No.: 92303136 Lab Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 92303136001 BASIN 2 SM 2540D Total Suspended Solids 15.3 mglL 33 06129/l6 14:08 EPA 180.1 Turbidity 13.4 NTU 1.0 06/30/16 10:42 92303136002 BASIN 4 EPA 180.1 Turbidity 5.4 NTU 1.0 06/'30116 10:42 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced. except in lull. without the written consent of Pace Analytical Services. Inc,. Page 4 of 16 aceAnalytical' m ,sicelaasmm PROJECT NARRATIVE Project: Slormwaler 6/28 Pace Project No.: 92303136 Method: SM 2540D Description: 2540D Total Suspended Solids Client: Charah Date: June 30. 2016 Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (828)254-717e General Information: 2 samples were analyzed for SM 2540D. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below Initial Calibrations (Including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below, Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below Method Blank: All analyles were below the report limit in the method blank, where applicable, with any exceptions noted below, Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPOs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments: REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full. without the written consent of Pace Analytical Services. Inc_ Page 5 of 16 aceAnalytical •wwpxalab&ixvn PROJECT NARRATIVE Project: Stormwater 6l28 Pace Project No,: 92303136 Method: SM 2540F Description: 2540F Total Settleable Solids Client: Charah Data: June 30, 2016 Pace Analytical services. Inc. 2225 Riverside Or Asheville, NC 2BB04 (e2e)254-e176 General Information: 2 samples were analyzed for SM 2540F. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below Initial Calibrations (including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below Method Blank: All analytes were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments REPORT OF LABORATORY ANALYSIS This report shell not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc_ Page 6 of 16 aceAnalytical awwpsalabcmn PROJECT NARRATIVE Project: Stormwater 6/28 Pace Project 1 92303136 Method: EPA 180.1 Description: 180,1 Turbidity Client: Charah Date: June 30, 2016 Pace Analytical Services. Inc. 2225 Riverside Or. Asheville, i 288D4 (828)254-7176 General Information: 2 samples were analyzed for EPA 180.1. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody andlor the sample condition upon receipt fomt (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below. Method Blank: All analyles were below the report limit in the method blank, where applicable. with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments: This data package has been reviewed for quality and completeness and is approved for release. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Page 7 of 16 IceAnalyficale wwapaosl ascwn ANALYTICAL RESULTS Pace Analytical Samices, Inc. 2225 Riverside Or. Asheville, NC 28804 (828)254-7176 Project: Stormwaler 6128 Pace Project No.: 92303136 Sample: BASIN 2 Lab ID: 92303136001 Collected: 06/28/16 12:00 Received: 06/28/16 14:15 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 2640D Total Suspended Solids Analytical Method: SM 25401) Total Suspended Solids 15.3 mg/L 3,3 1 06/29/16 14:08 2540E Total Settleable Solids Analytical Method: SM 254OF Total Settleable Solids ND mL/L/hr 0.10 1 06/29/16 12:35 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 13.4 NTU 1.0 1 0613011610:42 Date: 06/30/2016 11:01 AM REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, eacepl in lull, without the written consent of Pace Analytical Servicea, Inc.. Page 8 of 16 Pace Analytical Services, Inc. • 2225 Riverside Dr. ace Analytical Asheville. NC 26804 ewwpaoxaas out" (628)254.7176 ANALYTICAL RESULTS Project: Stormwater 6/28 Pace Project No.: 92303136 Sample: BASIN 4 Lab ID: 92303136002 Collected: 06/28116 12:20 Received: 06/28/16 14:15 Matrix: Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 2540D Total Suspended Solids Analytical Method: SM 25400 Total Suspended Solids ND mg/L 2.5 1 06/291% 14:08 2540F Total Settleable Solids Analytical Method: SM 254OF Total Settleable Solids ND mlJUhr 0.10 1 06/29/16 12:35 180.1 Turbidity Analytical Method: EPA 180.1 Turbidity 5.4 NTU 1.0 1 06/30/1610:42 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in lull. Date: 06/30/201611:01 AM without the written consent at Pace Analytical Services, Inc.. Page 9 of 16 (�IaceAnalytlll 0- pecrebxmn QUALITY CONTROL DATA Project: Stormwater 6/28 Pace Project No.: 92303136 QC Batch: EDEN123295 Analysis Method: SM 2540D QC Batch Method: SM 2540D Analysis Description. 2540D Total Suspended Solids Associated Lab Samples: 92303136001, 92303136002 METHOD BLANK: 1768700 Matrix: Water Associated Lab Samples: 92303136001, 92303136002 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Suspended Solids mglL NO 2.5 06/29116 13:59 LABORATORY CONTROL SAMPLE: 1768701 Pace Analytical Services, Inc. 2225 Riverside D,. Asheville, NC 28504 (82e)254-7176 Spike LCS LCS %Rec Parameter Units Conc. Result % Rec Limits Qualifiers Total Suspended Solids mg/L 250 258 103 90-110 SAMPLE DUPLICATE: 1769669 92302994002 Cup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L NO NO SAMPLE DUPLICATE: 1769670 92303054001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 53.3 52.6 1 Results presented on this page +rt In the ..its Indicated by the "Units' column except where an alternate unit is presented to the ri or the rtsull. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in lull. Date: 06/30/2016 11:01 AM without the written consent of Pace Analytical Services, Inc.. Page 10 of 16 IceAnayical" wwwpecelab ldern QUALITY CONTROL DATA Project: Stormwater 6/28 Pace Project No.: 92303136 OC Batch: EDEN23292 Analysis Method: SM 2540F QC Batch Method: SM 254OF Analysis Description: 2540F Total Sellable Solids Associated Lab Samples: 92303136001, 92303136002 METHOD BLANK: 1768594 Matrix: Water Associated Lab Samples: 92303136001, 92303136002 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Settleable Solids mL/L/hr NO 0.10 06/29116 12:35 SAMPLE DUPLICATE: 1768595 Parameter Total Settleable Solids 92303138001 Cup Units Result Result mL/L/hr ND NO RPD Qualifiers Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (828)254.7176 Results presented on thus page am in Me units Indicated by the "Units" column except wlrm an al emate unit Is presented to toe right or the result REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 06/30/2016 11:01 AM without the written consent of Pace Analytical Services, Inc.. Page 11 of 16 aceAnalyicala wawpaalaGsavn QUALITY CONTROL DATA Project: Stormwater 6/28 Pace Project No.: 92303136 QC Batch: WET145945 Analysis Method: EPA 180.1 QC Batch Method: EPA 180.1 Analysis Description: 180.1 Turbidity Associated Lab Samples: 92303136001. 92303136002 METHOD BLANK. 1769908 Matrix: Water Associated Lab Samples: 92303136001. 92303136002 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Turbidity NTU ND 1.0 06130/1610:42 Pace Analytical services, Inc. 2225 Riverside 0, Asheville, NC 28804 (828)254-7176 LABORATORY CONTROL SAMPLE: 1769909 Spike LCS LCS % Rae Parameter Units Cone. Result %Rec Limits Qualifiers Turbidity NTU 10 10 100 90-110 SAMPLE DUPLICATE: 1769910 92303136001 Dup Parameter Units Result Result RPD Qualifiers Turbidity NTU 13.4 13.2 2 Results presentee on this papa are In the units InNoted by the "units" column except e4rtre an alternate unit Is presented to the right Of the result. I REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full. Date: 0613MO16 11:01 AM wilhout the wriden consent of Pace Analytical Services, Inc.. Page 12 of 16 aceAnalytical awwpaceiabs. QUALIFIERS Project: Stormwater 6/28 Pace Project No.: 92303136 DEFINITIONS Pace Analytical Services, Inc. 2225 Riverside Or Asheville, NC 2BB04 (B28)254-7176 OF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL -Adjusted Method Detection Limit. PQL - Practical Quantitation Limit. RL - Reporting Limit. S - Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate `y recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) CUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroethylvinyi ether, Styrene, and Vinyl chloride. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nilrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes. TNI - The NELAC Institute. LABORATORIES PASI-A Pace Analytical Services -Asheville PASI-E Pace Analytical Services - Eden REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 06/30/2016 11:01 AM without Me written consent of Pace Analytical Services. Inc- Page 13 of 16 aceAnalytical .lasewaeacom QUALITY CONTROL DATA CROSS REFERENCE TABLE Projecl: Stormwaler6/28 Pace Project No.: 92303136 Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 2BB04 (828)254-7176 Lab ID Sample ID QC Batch Method QC Batch Analytical Method 92303136001 BASIN 2 SM 2540D EDEN/23295 92303136002 BASIN 4 SM 25400 EDEN/23295 92303136001 BASIN 2 SM 2540F EDEN/23292 92303136002 BASIN 4 SM 2540F EDEN/23292 92303136001 BASIN 2 EPA 180.1 WET/45945 92303136002 BASIN 4 EPA 180.1 WET/45945 Date: 0613012016 11:01 AM REPORT OF LABORATORY ANALYSIS This report shall not be reprcouced, except in full, without the written consent of Pace Analytical Services, Inc. Analytical Batch Page 14 of 16 ��eAna/yticaf� Document Name: Document No.: Document Revised: May 24, 2016 Page 1 of 2 Issuing Authority: Osnn'1 n(l (nr Inr.rnal , lrn tt„„ Client Name: _ WO# : 92303136 Courier: 4eVY _ Protect N_ Fed Ex �,;J❑�USPS^ Cllant II�III III II IIIIII�I �II ❑Commercial []Pace ❑Other.^ IIIIIII111 36 Custody Seal Present? []Yes VNO Seals Intact? ❑Yes [7No Data/initials Person GamlMn/ [pnbnK Z� IV Packing Material: []Bubble Wrap []Bubble Bags ONin❑other:_ Thermanoter: T1505 Type if jPwet ❑Blue ❑None ❑Samplason ice, cooling process�h,a{sbegun Correction Factor: 0.O'C Cooler Temp Corrected ('CI: �," Biological Tissue Frozen? []Yes []NO aN/A Temp should be above fr ezing to VC USDA Regulated Soli ( N/A, water sample) Old samples Y1dginate In r� quarantine zone within the United States: CA, NY, or SC (check maps)? Old samplesodglnatehoma foreignsource(inte allonalty, r rivo. ih. In,cludine Newell and Puerto RICO r IYes WINo -CpmmenU Dlwe nc : - Chain of Custody Present? No ON/A 1. Samples Arrived within Hold Time? dyes dyes No ONIA 2. Short Hold Time Analysis J47Z hr.)? Yes ON. N/A 3.. I V Y YIJ. Rush Tom Around Time Requested? QYes ONO N/A 4. , Sufficient Volume? 9LYU ONO ONJA S. Correct Containers Used? [7fYes ❑No ❑N/A 6. -Pace Containers Used? Yes EJNo ,N/A Containers intact? Yet . No N/A 7. Samples Field Filtered? ONO /A 8. Noted sediment is visible In the dissolved container Sample Labels Match CDC? JYes ( Yes ONO ❑N/A 9. -Includes Date/nme/10/Anal is Matrix: All containers needing add/base preservation have been 10. wue,e checked? Yes ONO ❑NIA All containers needing preservation are found to be In Mania compliance with EPA recommendation? 1 (HNOs, HtSO,, HCk1; NaOrl 95ulfide, NaOH>32 Cyanldej i[1Yes 0 ONO ❑N/A Awa"U Exceptions: VOA, Coliform, TOC, Oil and Grease, DRo 8015 (waterl DOCLLHg Yet ONO ONIA. «,wlnnee.rwr Samples checked for dechlorinatlon7 PJY.s ONO ONtA. 11. Heads ace In VOA Vials >54mm ? nYdS ONO N/A 32. Trip Blank Present? DYes ONO N/A 13. Trip Blank CUstodi Seals Present? ❑Yes ONO eN/A Pace Trip Blank Lot If(If urchawd): CLIENT NOTIFICATION/RESOLUTION Person Contacted: Comments/Sample Discrepancy: Project Manager SCURF Review: Date/Time: Dale: Real Data Required? []Yes []No Pro)ect Manager SRF Reviver: Dote: Note: Whenever there is a discrepancy affecting North Carolina compliance samples, acopy of this form wia be sent to the North Car6rna YHNR Certification Office (i.e. Out of hold, Inwrrect preservative, out of temp, inrorrzct contalnars) Page 15 of 16 aceAnalytical ' ` wnr.pecelahe.rom j 6701 Canfwence Drive, Raleigh, NC Z7607 ph: (919)1114-4964, tax: (919) 6348497 NCWW Car1W, NCDW CertV 731 Report Results To: Company: Address:/Vi /L VA"fcliY�p Atin:�arir.r �iu-Cci¢ Phone: �i-43ff— fl s/ Fax: C�✓fCCkr�e 1 . tort Sampled by (signature): Chain ®f Custody W.O.M BIII To: Project Reference: :5He-)4w raz> -- An t.rS 1 5 Project Number: Purchase Order M ❑ Standard Report Delivery ❑ Rush Report Delivery (w/surcharge) "Ru6n pro" me 6ugect to prbr approval by e4labor" Requested Due Data: (o TSS , $c.rlic�blG $n1y15, Ti�i.lr ty g,�,� z G •a Sw � is .so r.� /6 L� TS, SGI-Hco-blt $nriJS� Trbi.li%y Rel4pulal by(pignsh-) by D a Retnittaflill by (signature) Received by (signature) Da Time Rthqulathed by(slgnawre) Reoaivad by(eignalunt) Date Time Hecalpt 1„pnc(�Mq fLff LiT Unry) ❑ at2°C ❑Te): J 'C Fin. Chlorine: ❑Absent ❑Preeem ❑n/a Acid praserv. c27 ❑ Yes ❑ No ❑ n/s Base preWN. W7 ❑ Yes ❑ No ❑ rve Page 16 of 16 lceAnalytical ~,xicaie0.v rom May 25, 2016 Glenn Amey Charrah 330 S Tryon St Suite 510 Charlotte, NC 28202 RE: Project: Stormwater Sed 7 5119 Pace Project No.: 92298375 Dear Glenn Amey: Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 26804 (828)254-7176 Enclosed are the analytical results for sample(s) received by the laboratory on May 19, 2016. The results relate only to the samples included in this report. Results reported herein conform to the most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. Analyses were performed at the Pace Analytical Services location indicated on the sample analyte page for analysis unless otherwise footnoted. If you have any questions concerning this report, please feel free to contact me. Sincerely, Chris Derouen christopher.derouen@pacelabs.com Project Manager Enclosures cc: Collin Mummert, Charah Inc REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Page 1 of 15 (�Iaceftljftal' wwwpacdet>mm CERTIFICATIONS Project: Stornrwater Sed 7 5/19 Pace Project No.: 92298375 Eden Certification We 205 East Meadow Road Suite A. Eden, NC 27288 North Carolina Wastewater Certification #: 633 North Carolina Drinking Water Certification #: 37738 UrginiaNELAP Certification #: 460025 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7178 Page 2 of 15 W Analytical awwpecelsearom SAMPLE ANALYTE COUNT Project: Slorm ater Sed 7 5119 Pace Project No.: 92298375 Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 20804 (828)254-7176 Analytts Lab ID Sample ID Method Analysts Reported Laboratory 92298376001 SED 7 SW SM 2130B DWJ 1 PASI-E SM 2540D CRP 1 PASI-E SM 2540F CHM 1 PASI-E REPORT OF LABORATORY ANALYSIS This report shall not lee reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Page 3 of 15 aceAnalytical e .Pscel4btms SUMMARY OF DETECTION Pace Analytical Services, Inc. 2226 Riverside Dr. Asheville, NC 28804 (828)254-7176 Project: Stormwaler Sed 7 5119 Pace Project No.: 92298375 Lab Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 92298375001 SED 7 SW SM 2130B Turbidity 20.7 NTU 0.50 05/20/16 14:15 SM 2540D Total Suspended Solids 22.4 mg/L 4.3 05/23/16 16:09 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pecs Analytical Services, Inc.. Page 4 of 15 aceAnalytii l e rmw Mosel s.wm PROJECT NARRATIVE Project: Slormwater Sed 7 5/19 Pace Project No.: 92298375 Method: SM 2130B Description: 2130B Turbidity EDN Client: Charah Date: May 25, 2016 Pace Analytical services, Inc. 2225 Riverside Dr Asheville, NC 28804 (828)254-7176 General Information: 1 sample was analyzed for SM 2130B. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below. Initial Calibrations (including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below Surrogates: All surrogates were within OC limits with any exceptions noted below. Method Blank: All analyles were below the report limit in the method blank, where applicable, with any exceptions noted below Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments REPORT OF LABORATORY ANALYSIS This repon shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Page 5 of 15 laceAnalytical" wvwpnMabxovn PROJECT NARRATIVE Project: Stormwater Sed 7 5r19 Pace Project No.: 92298375 Method: SM 2540D Description: 2540D Total Suspended Solids Client: Charah Dale: May 25, 2016 Pace Analytical services. Inc. 2225 Riverside Dr. Asheville. NC 28804 (828)254-7178 General Information: 1 sample was analyzed for SM 2540D. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody andror the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below. Initial Calibrations (Including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below, Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within GC limits with any exceptions noted below. Surrogates: All surrogates were within DC limits with any exceptions noted below. Method Blank: All analyles were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below, DC Batch: EDEN122904 D6: The precision between the sample and sample duplicate exceeded laboratory control limits. • DUP (Lab ID'. 1740343) • Total Suspended Solids Additional Comments: REPORT OF LABORATORY ANALYSIS This report shall not be reproduced. except in full, without the written consent of Pace Analytical Services, Inc. Page 6 of 15 aceAnalytical e w.m2pmebbs.oxn PROJECT NARRATIVE Project: Stormwater Sed 7 5f19 Pace Project No.: 92298375 Method: SM 2540F Description: 2540F Total Settleable Solids Client: Charah Date: May 25, 2016 Pace Analytical services, Inc. 2225 Riverside Dr. Asheville, NC 28004 (e28)254-7176 General Information: 1 sample was analyzed for SM 2540F. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody andfor the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below. Initial Calibrations (Including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below, Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below. Method Blank: All analyles were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments This data package has been reviewed far quality and completeness and is approved for release. REPORT OF LABORATORY ANALYSIS This repon shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 7 of 15 aceAnalXical o .pnoWnui on, ANALYTICAL RESULTS Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 Project: Slormwater Sed 7 5/19 Pace Project No.: 92298375 Sample: SED 7 SW Lab ID: 92298375001 Collected: 05119116 13:00 Received: 05/19116 15:55 Matrix: Water Parameters Results Units Report Limit OF Prepared Analyzed CAS No. Qual 21308 Turbidity EDN Analytical Method: SM 21306 Turbidity 20.7 NTU 0,50 1 05/20/1614:15 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 22.4 mg/L 4.3 1 05/23116 16:09 2640F Total Settleable Solids Analytical Method: SM 2540F Total Settleable Solids NO mUL/hr 0.10 1 05/20/16 13:00 REPORT OF LABORATORY ANALYSIS This report shall not he reproduced, except in full, Date. 05125/2016 08:39 AM without the written consent of Pace Analytical Services, Inc.. Page 8 of 15 aceAnalytical wwpacsiabaw+n QUALITY CONTROL DATA Project: Stornmvater Sed 7 5/19 Pace Project No.: 92298375 QC Batch: EDEN/22896 Analysis Method: SM 2130B OC Batch Method: SM 2130B Analysis Description: 2130B Turbidity EDN Associated Lab Samples: 92298375001 METHOD BLANK: 1739099 Matrix: Water Associated Lab Samples: 92298375001 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Turbidity NTU ND 0.50 05/20/1614:15 SAMPLE DUPLICATE: 1739100 92298350001 Cup Parameter Units Result Result RPD Qualifiers Turbidity NTU 1.5 1.5 1 Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 26804 (828)254-7176 Results presented on Mls page am In the units Indicated by the "Unita' column except wimre an alternate unit Is presented to the right or the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 05/251201608:39 AM without Me written consent of Pace Analytical Services, Inc - Page 9 of 15 aceAnalytical a ewwpseslabi QUALITY CONTROL DATA Pace Analytical Semicos, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254.7176 Project: Stormwaler Sed 7 5119 Pace Project No.: 92298375 OC Batch: EDENI22904 Analysis Method: SM 2540D OC Batch Method: SM 2540D Analysis Description: 2540D Total Suspended Solids Associated Lab Samples: 92298375001 METHOD BLANK: 1740340 Matrix: Water Associated Lab Samples: 92298375001 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Suspended Solids mg/L NO 2.5 05/23/16 16:07 LABORATORY CONTROL SAMPLE: 1740341 Spike LCS LCS %Red Parameter Units Conc. Result %Rec Limits Qualifiers Total Suspended Solids mglL 250 266 106 90-110 SAMPLE DUPLICATE: 1740342 92298380003 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 283 271 4 SAMPLE DUPLICATE: 1740343 92298421001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 29.7 27.2 9 06 Results presented on this page are in the units Indicates by the "Units' column except where an enemate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced. except in full, Date: 05/25/2016 08:39 AM without the written consent of Pace Analytical Services, Inc.. Page 10 of 15 JceAnalytiiicaf' wawpac"Woom Project: Slormwaler Sed 7 5/19 Pace Project No.: 92298375 QC Batch: EDEN/22891 QC Batch Method: SM 254OF Associated Lab Samples: 92298375001 METHOD BLANK: 1738918 Associated Lab Samples: 92298375001 Parameter Units Total Settleable Solids mL/L/hr SAMPLE DUPLICATE: 1738919 Parameter Units Total Settleable Solids muuhr QUALITY CONTROL DATA Analysis Method: SM 2540F Analysis Description: 2540F Total Settable Solids Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 0.10 05/201l613:00 92298375001 Dup Result Result RPD Qualifiers NO ND Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville. NC 28804 (828)254-7176 Results presented on thes page are In Me units Indicated by the "Units" column except where an alternate unit Is presented to the hired of the result. REPORT OF LABORATORY ANALYSIS This report shall not the reproduced, except in full, Dale: 05/25/2016 08:39 AM without Me written =.sent of Pace Analytical Services, Inc. Page 11 of 15 aceAnalytical awwpsciibb.cam QUALIFIERS Project: Stormwater Sed 7 5119 Pace Project No.: 92298375 DEFINITIONS Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 DF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit, MDL- Adjusted Method Detection Limit. POL - Practical Ouantitation Limit, RL- Reporting Limit. S - Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) CUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroelhylvinyl ether, Styrene, and Vinyl chloride. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nitrosodiphenytamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Pace Analytical is TNI accredited, Contact your Pace PM for the current list of accredited analyles. TNI - The NELAC Institute. LABORATORIES PASI-E Pace Analytical Services - Eden ANALYTE QUALIFIERS D6 The precision between the sample and sample duplicate exceeded laboratory control limits. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Dale', 05125/2016 08:39 AM without the written consent of Pace Analytical Services, Inc,. Page 12 of 15 aceAnalytical • Peos'ebamn QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: Stormwater Sed 7 5/19 Pace Project No.: 92298375 Paco Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 20504 (828)254J176 Lab ID Sample ID QC Batch Method QC Batch Analytical Method 92298375001 SED 7 SW SM 21308 EDEN/22896 92298375001 SED 7 SW SM 2540D EDEN122904 92298375001 SED 7 SW SM 2540F EDEN/22891 Date: 05125/2016 08:39 AM REPORT OF LABORATORY ANALYSIS This report shall not ce reproduced, except In full, without the wriden Consent of Pace Analytical Services, Inc.. Analytical Batch Page 13 of 15 ouuaumnt Name: Docurnerit No.: a}sjplp C nJit(unjlfj o'n�client Narne: & 7 71 Commercial3'. E]e Vvcyj11C11rPine 1 of 2V'vu•V•V Issuing Authority: Pace Raleigh Qaiillty ❑fflae WO#:92298375 1111111111111111111111 92298315 CustodySeal Present? ❑Yes ONO Seals Intact? Yes �No ,❑,.__,,!! Date/Initials Person Eeeminln{CommIt ��� (� Packing Material:1 []Bubble Wrap ❑Bubble Bags CONone ❑Other:_ Thermometer: LU IRSN: 122065397 ❑IR SN: 122065371 po of ice: gJWel ❑Blue ❑11one []Samples on Ice, cooling process It sbegun Correction Factor: 0.O'C Cooler Temp Corrected('C): —I). Blologlcal Tissue Froten? []Yes ❑110 E]N/A Temp should be above f ee2ing to 6'C USDA Regulated Soll ( N/A, watei sample) Didsarrpiwriginate in aquarantme zone within the United States: CA, NY, or SC(check maps)? DI -]yet ham a/Orelgnsource (Int�e`Jatlpmlly, tniludlno Haeralland Puerto Ricol?❑YCi (/]Na tJres LJJ.Q COMMENTS:' Chain of Custody Present? Yes ❑llo NA 1. _ Chain of Custody Filled Out? ( Yea No N/A 2. Chain of Custody Relinquished? Yes EINd N/a. 3. Sampler Name end/or Sl nature on COC? QNO N/A 4. Samples Arrivedsvlthln Had Time? Yes ONO . N/A. 5. 90V T W0 Short Hold Time Analysis <72 hf?. of ❑No N A 6., Rush Turn Around Time Requested? '/es No Sufficient Volume? VJYCS Q, No NIA 8. Correct Containers Used? r s ❑NO ❑NIA 9. -Pace Containers Used? L—dY/ Nu N A .. Containers intact? Idyi, ONO N A 10. Filtered Volume Received for Dissolved Tests? Yes ❑No /A 11. Nola If sediment Is vislblo in the dissolved container Sample Labels Match COC? Arcs oNo ❑N/A 22. -Includes Date imo/ID/Anil sh Malrlx: All containers needing acid/base preservatlon have been 1���fff 13. checked? (Yes ❑No ❑rv/A All containers needing preservation are found to be In compliance with EPA recommendation? (HNOs, HAD, HCI<2; NaOH >9Sulfide, NaOH>12 Cyanide) o []No❑N/A Exceptions: VOA, Colffarm,TOC, Oil and Grease, DRO/8015 hvater) DOC,LLIi es []No CINLA. Samples checked lordechlorinallon Yes No N/A 14. . Headspace in VOA Vials(>S-6mm1i 13yes ONO M 15. - TrlpBlankPresenl? ❑Yes ❑No /A 16. Trip Blank Custody Seals Present? []Yes[]NON/A Pace Trip Blank lot N(if urchascd): CLIENT NOTIFICATION/RESOLUTION Field Data Required? Dyes ONO Person Contacted: Date/Time: Comments/Reno IUtlon: Pr,i Manager SCURF Review: Dale: .2n Project Manager SRF Review: �%— Date: Note: Whenever there is a discrepancy arfecting North Carolina, compliance samples,a copy of this Torm Will be sent to the North CarqflnA DEHNR Cenificatlun Onice(I.e. Out of hoio, Intoned preservANe, out of temp, incorrect comaln en1 Page 14 or 15 aceAnalytical' xwre.peeele6a.eom ' 6701 Conference Drive, Raleigh, NC 276D7 ' ph: (919), e34-0954, tax: (919) 034-8497 NCWW CarDW, NCOW CerL437731 Chain of Custody Report Results To: Company:.L_Ha�h. r->♦r . Address: it 7//-(eewle Fiuft�ra>I /2.1. Phone: 9z-Y,5X- Sall Sampled by (signature): BIII To: W.O. # Project Reference: Project Number: Purchase Order N: ❑ Standard Report Delivery ❑ Rush Report Delivery (w/surcharge) "Ruch pmjerm are wbjecl to prior approval by the laboratory Requested Due Dale: N.�1'fi �oh5stx �} c A> ♦ }it is F a � fr{ } Z t :y- 'Siy, ♦4 T.r a r:TC 1. 7 ^ . 2hs t r�',:>+.a fi._e?.x<:7,.,'3,i,�Lvii�`,�:k�.ij�.e:�7Si'("."GMR,r4..'>;"�w{..n. ,vds �.,:4t _ ..,s...,..t�s..� tiiev' e ;!;• .. iF'�e �... J•.ts'4,�`� J 3 L• Zc: ■rwry,::83 0 "aysj MINIM Rdinquishod by (signature) 7 ved by s n u i 16"- Time mhed by (signature) R ad by (signature) e Time RNinquished try (signature) Recelved by (signature) Date Time Recelpt Conditions( Orty) ❑ a:rc ❑ renili . J >C Res. Chlorine. ❑Absem ❑Present Own Acid preserv. <27 ❑ Yes ❑ No ❑ Na Rase preserv. >127 ❑ Yes ❑ No ❑ Na Page 15 of 15 aceAnalytical .peulebs mm May 11, 2016 Glenn Amey Charrah 330 S Tryon St Suite 510 Charlotte, NC 28202 RE: Project: Basid 6 SW 5/5/16 Pace Project No.: 92296568 RECEIVE® JAN S t Z017 CENTRAL FILES DWR SECTION Pace Analytical services, Inc. 2225 Riverside Dr Asheville, NC 20804 (628)254-7176 Dear Glenn Amey: Enclosed are the analytical results for sample(s) received by the laboratory on May 05, 2016. The results relate only to the samples included in this report. Results reported herein conform to the most current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. Analyses were performed at the Pace Analytical Services location indicated on the sample analyte page for analysis unless otherwise footnoted. If you have any questions concerning this report, please feel free to contact me. Sincerely, 4-- Chris Derouen christopher.derouen@pacelabs.com Project Manager Enclosures cc'. Collin Mummert, Charah Inc REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 1 of 15 IaceAnalytical(�' war..posiaEsmn Project: Basid 6 SW 5/5/16 Pace Project No.: 92295568 Eden Certification IDs 205 East Meadow Road Suite A, Eden, NC 27288 North Carolina Drinking Water Certification #: 37738 CERTIFICATIONS North Carolina Wastewater Certification #: 633 VrginiaA/ELAP Certification #: 460025 REPORT OF LABORATORY ANALYSIS This repel shall not Ge reproduced, except in full, without the wnnon consent of Pace Analytical Services. Inca Pace Analytical Services, Inc. 2225 Riverside Dr. Asheville, NC 28804 (828)254-7176 Page 2 of 15 aceAnalj&cal .pavela•cwm SAMPLE ANALYTE COUNT Project: Basid 6 SW 515116 Pace Project No: 92296568 Pace Analytical Services, Inc. 2225 Riverside D, Asheville, NC 28804 (828)254-7176 Analytes Lab ID Sample ID Method Analysts Reported Laboratory 92296568001 Sod 6 SM 21308 KCE 1 PASI-E SM 2540D DWJ 1 PASI-E SM 254OF KCE 1 PASI-E REPORT OF LABORATORY ANALYSIS This report shall not t a reproduced, except in lull, without the written consent of Paco Analytical Services, Inc_ Page 3 of 15 aceAnalytical ewxpecelebxmm SUMMARY OF DETECTION Pace Analytical Sorvlces, Inc. 2225 Riverside Or Asheville, NC 25804 (82a)254-7176 Project: Pace Project No.: Basid 6 SW 5/5116 92296568 Lao Sample ID Client Sample ID Method Parameters Result Units Report Limit Analyzed Qualifiers 92296568001 Sed 6 SM 2130B Turbidity 34.5 NTU 0.50 05/06/16 11:00 SM 2540D Total Suspended Solids 14.1 mg/L 2.5 05/06/16 12:44 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 4 of 15 aceAnalytical' wxwpecelabs win PROJECT NARRATIVE Project: Basid 6 SW 515/16 Pace Project No: 92296568 Method: SM 2130B Description: 2130E Turbidity EON Client: Charah Date: May 11. 2016 Pace Analytical Services, Inc. 2225 Riverside Or. Asheville, NO 28804 (828)254-7176 General Information: 1 sample was analyzed for SM 2130B, All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report, Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below. Initial Calibrations (Including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below Method Blank: All analyles were below the report limit in the method blank, where applicable, with any exceptions noted below. Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc Page 5 of 15 aceAnaljftal esrw paafebsmm PROJECT NARRATIVE Project: Basid 6 SW 5/5/16 Pace Project No.: 92296568 Method: SM 2540D Description: 2540D Total Suspended Solids Client: Charah Date: May 11. 2016 Pace Analytical Services, Inc. 2225 Riverside Or Asheville, NO 28804 (828)254-7176 General Information: 1 sample was analyzed for SM 2540D. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold limes with any exceptions noted below. Initial Calibrations (Including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were within method requirements with any exceptions noted below. Internal Standards: All internal standards were within QC limits with any exceptions noted below, Surrogates: All surrogates were within QC limits with any exceptions noted below. Method Blank: All analyzes were below the report limit in the method blank, where applicable, with any exceptions rioted below Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below. Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. QC Batch: EDEN/22744 D6: The precision between the sample and sample duplicate exceeded laboratory control limits. • DUP (Lab ID: 1727831) • Total Suspended Solids • DUP (Lab ID: 1727832) • Total Suspended Solids Additional Comments: REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Page 6 of 15 aceAnalytical u.w.pechalis W. PROJECT NARRATIVE Project: Basid 6 SW 5/5116 Pace Project No.: 92296568 Method: SM 2540F Description: 2540F Total Settleable Solids Client: Charah Date: May 11, 2016 Pace Analytical Services, Inc. 222$ Riverside Or Asheville, NO 28804 (828)254-7175 General Information: 1 sample was analyzed for SM 2540F. All samples were received in acceptable condition with any exceptions noted below or on the chain -of custody and/or the sample condition upon receipt form (SCUR) attached at the end of this report. Hold Time: The samples were analyzed within the method required hold times with any exceptions noted below Initial Calibrations (including MS Tune as applicable): All criteria were within method requirements with any exceptions noted below. Continuing Calibration: All criteria were whin method requirements with any exceptions noted below Internal Standards: All internal standards were within QC limits with any exceptions noted below. Surrogates: All surrogates were within QC limits with any exceptions noted below Method Blank: All anatytes were below the report limit in the method blank, where applicable, with any exceptions noted below Laboratory Control Spike: All laboratory control spike compounds were within QC limits with any exceptions noted below Matrix Spikes: All percent recoveries and relative percent differences (RPDs) were within acceptance criteria with any exceptions noted below. Duplicate Sample: All duplicate sample results were within method acceptance criteria with any exceptions noted below. Additional Comments This data package has been reviewed for quality and completeness and is approved for release, REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the wniten consent of Pace Analytical Services, Inc.. Page 7 of 15 Pace Analytical Services, Inc. • 2225 Riverside Dr aceAnalXieal Asheville NC 28804 swwprwbbs. (828)254-7176 ANALYTICAL RESULTS Project: Basid 6 SW 515116 Pace Project No.: 92296568 Sample: Sod 6 Parameters Lab ID: 92296568001 Collected: 05105/16 12:00 Results Units Report Limit DF Received: 05/05/16 16:15 Matrix: Water Prepared Analyzed CAS No. Dual 2130B Turbidity EDN Analytical Method SM 2130B Turbidity, 34.5 NTU 050 1 05/O6/1611:00 2540D Total Suspended Solids Analytical Method: SM 2540D Total Suspended Solids 14.1 mg/L 2.5 1 05/06/16 12:44 2540F Total Settleable Solids Analytical Method: SM 254OF Total Settleable Solids ND mUUhr 0.10 1 05106/16 11:30 REPORT OF LABORATORY ANALYSIS This report shall not W reproduced, except in full, Date: 05/11/2016 10:18 AM without the written consent a1 Pace Analytical Services, Inc. Page 8 of 15 aceAnalytical QUALITY CONTROL DATA Project: Basid 6 SW 515/16 Pace Project No.; 92296568 OC Batch: EDEN122739 Analysis Method: SM 21308 OC Batch Method: SM 2130B Analysis Description: 2130E Turbidity EDN Associated Lab Samples: 92296568001 METHOD BLANK: 1727811 Associated Lab Samples: 92296568001 Parameter Turbidity Matrix: Water Blank Reporting Units Result Limit Analyzed Qualifiers NTU NO 050 05/0611611:00 SAMPLE DUPLICATE: 1727812 92296260001 Dup Parameter Units Result Result Turbidity NTU 4.5 4.4 RPD Qualifiers 0 Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (828)254-7176 Results presented on Mile page en In Me units Indicated by the "Units' column except where en alternate unit le prdsenti d to the right pl the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, Date: 05/11/2016 10:18 AM without the written consent of Pace Analytical Services, Inc . Page 9 of 15 (�IaceAnalyfical* swxpecgw&cxm Project: Basid 6 SW 5/5/16 Pace Project No: 92296568 QC Batch: EDEN/22744 OC Batch Method: SM 2540D Associated Lab Samples: 92296568001 METHOD BLANK: 1727829 Associated Lab Samples: 92296568001 Parameter Units Total Suspended Solids mg/L QUALITY CONTROL DATA Analysis Method: SM 2540D Analysis Description: 2540D Total Suspended Solids Matrix: Water Blank Reporting Result Limit Analyzed Qualifiers ND 2,5 05/06/1612:38 Pace Analytical services, Inc. 2225 Riverside Dr Asheville. NC 2B8D4 (828)254-7176 LABORATORY CONTROL SAMPLE: 1727830 Spike LCS LCS %Rec Parameter Units Conic Result %Rec Limits Qualifiers Total Suspended Solids mg/L 250 228 91 90-110 SAMPLE DUPLICATE: 1727831 92296282001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 99.0 114 14 D6 SAMPLE DUPLICATE: 1727832 92296535001 Dup Parameter Units Result Result RPD Qualifiers Total Suspended Solids mg/L 56.5 47.5 17 D6 Results presented on this page an in the units Indicated by the "Units" column except Mien, an ahemate unit Is presented to the right or the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full. Dale: 05111/201610: 18 AM without the written consent of Pace Analytical Services.Inc. Page 10 of 15 aceAnalytical tnxpamfahsmm QUALITY CONTROL DATA Project: Basid 6 SW 5/5)16 Pace Project No.: 92296568 QC Batch: EDEN/22738 Analysis Method: SM 2540F OC Batch Method: SM 254OF Analysis Description: 254OF Total Settable Solids Associated Lab Samples: 92296568001 METHOD BLANK: 1727809 Matrix: Water Associated Lab Samples: 92296568001 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Total Settleable Solids mUUhr NO 0.10 05/06/16 11:30 SAMPLE DUPLICATE: 1727810 92296568001 Cup Parameter Units Result Result RPO Qualifiers Total Settleable Solids mUUhr NO NO Pace Analytical Services, Inc. 2225 Riverside 0, Asheville, NC 28804 (628)254-7176 Results presented on this page am In the unite Indicated by Me "Units' column except where an altemate unit is presented to the Might or the result. REPORT OF LABORATORY ANALYSIS This report shall not he reproduced, except in full, Date: 05/11/2016 10:18 AM without the written consent of Pace Analytical Services, Inc.. Page 11 of 16 al"Analyticals .pacelabs can QUALIFIERS Project: Basid 6 SW 5/5116 Pace Project No.: 92296568 DEFINITIONS Pace Analytical Services, Inc. 2225 Riverside Dr Asheville, NC 28804 (82B)254-7176 OF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot. NO - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL -Adjusted Method Detection Limit. PQL- Practical Quantilalion Limit. RL- Reporting Limit, S - Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyle is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate RPD - Relative Percent Difference NC - Not Calculable. SG - Silica Gel - Clean -Up U - Indicates the compound was analyzed for, but not detected. Acid preservation may not be appropriate for 2 Chloroethylvinyl ether, Styrene. and Vinyl chloride. A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA Method 8260. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyle is a combined concentration. Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analyles. TNI - i he NELAC Institute. LABORATORIES PASI-E Pace Analytical Services - Eden ANALYTE QUALIFIERS D6 The precision between the sample and sample duplicate exceeded laboratory control limits. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full. Date: 05111/2016 10:18 AM without the written consent of Pace Analytical Services, Inc.. Page 12 of 15 aceAnalytical swwpecelabt. Project: Basid 6 SW 5/5/16 Pace Project No.: 92296568 Lab ID Sample ID 92296568001 Sod 6 92296568001 Sod 6 92296568001 Sod 6 Date: 05/11/2016 10:18 AM QUALITY CONTROL DATA CROSS REFERENCE TABLE QC Batch Method SM 213013 SM 2540D SM 2540F Pace Analytical Services, Inc. 2225 Riverside Or Asheville, NC 28804 (82B)254.7176 QC Batch Analytical Method EDEN/22739 EDEN/22744 EDEN122738 REPORT OF LABORATORY ANALYSIS This report shall not Its reproduced, except in full, wilhcut the written consent of Pace Analytical Services, Inc. Analytical Batch Page 13 of 15 uocument Name: Document Revised: 26FE82016 Ida j it III •'" CllentName: I� F,u Nt a — , Unp Projec Courier. Fed Ex V❑fU—Ptb— ❑LISPS Client ❑ Commercial ❑Pace ❑Other:._ Custody Seal Present? ❑Yes 6No Seals Intact? ❑Yes �No Pace Pace 2 of 2 for Internal Use ONI V WO#:92296568 IIIIII IIIIII I III IIIfll 92296568 Date/Initials Person Examining ComaricaulfsH 1 iYo Packing Material: ❑Bubble Wrap ❑Bubble Bags 41ione []Other. YYY--- Thermometer: IR SN: 122065387 ❑IR SN:122065371 Type tee: wet Blue Nane yp �j ❑ ❑ ❑Samples on fee, cooing process has begun Correction Factor: 0.0'C Cooler Tamp CorrecTed ('C): a Z Biological Tissue Frozen? ❑Yes ONO mN/A Temp should be above fre frig to 6'C r USDA Regulated Sall ( 0 N/A, water sample) Did samples glnate In a quarantine zone within the United States: CA, NY, or SC (check maps)? Did samples originate from a foreign source (inter atlonally, [-Yes' I 1. ,_-,..�,__.._._ r... ri. •ter u•�+ COMMENTS: Chain of Custody Presents Yes CIND EIN/A 1. Chain of Custody Filled Out? es o rUA 2. Chain of Custody Relinquished? es prvN r1NJA 3. Sampler Name and/or Signature on COC7 ves Eltio O N/A 4. Sam Ies Arrived within Hold Time? Yes EINO N/A S. Short Hold Time Analysis (<72 hr ? Y ( Yet ONO N A l .S Rush Tum Around Time Requested? Dy. No N/A 7. Sufficient Volume? 'm r1No ❑N/A 8. Correct Containers Used? []No []NIA 9. -Pace Contalrleri Used? /Yes I/IYc No ❑N A Containers Intact? Vef ONO EINIA 10. filtered Volume Received for Dissolved Tests? ❑yes No NA 11. Note if sediment is visible In the dissolved container Sample labels Match COC? ]Yes []No ❑N/A 12. -Includes DAte/Time/ID/Analysis ,Matrix: All containers needing acid/base preservation have been 1/13 checked? ([JYes QNo [)NIA All containers needing preservation are found to be In compliance with EPA recommendation? (II1401, HrS0c, HO<Y NaOH>9 Sulfide, NaOH>12 Cyanide) es ONO ❑N/A Exceptions; VOA, Collform, TOC, Oil and Grease, 7y, 0110/8015 1wateri DOCLLHS s Milo N A Samples checked for dechlorination _ Yes Orb N/A 24. Heads ace In VOA vials (>S-6mm)? Yes Qrvo N A • 15. Trip Blank Present? - ❑Yu CINo N/A 16. Trip Blank Custody Seals Present? Oyes ONO v/A ' Pace Trie Blank Lot A(if purchased): CLIENT NOTIFICATION/RESOLUTION Person Contacted: Comments/Resolution: Project Manager SCURF Review; Date/Trse: Date: Project Manager SRF Review: 11 Date: Note: Whenever therels a discrepancy affecting North Carolina compliance samples, a copy of this form will be ser Out of hole, Incorrect Preservative, out of temp, Incorrect containers) Field Data Required? ❑yes []No Office II.e. Page 14 of 15 - aceAnalytical' ` nwtv.pacslahccom j 6701 CuntewCa Drive, Ralolgh, NC 27007 ph: (019) W-49M, lax: (910) e34fi497 NCWW Cert#67, NCDW CerW7791 Chain of Custody W.O.# `r:? r1(, Report Results To: Company: '..hats ",J:„ ' Address: 17 71 Mono"', e-e-Wtxzl /1,1 . ,c "✓rc t,]L, Z-7'isl Aftn: /,�B J'I i1f_tgLt - Phone: ':fiZ•YSA-:fit _ Fax: GJf ✓7t7«rYC'�`Hrrc.l . rv7—� Sampled by (signature): Bill To: Project Reference: 131,5,e � �7iurK.u1,�1� .!!X. n.)e-- Project Number: Purchase Order #: ❑ Standard Report Delivery 0 Rush Report Delivery (Wfsur&arge) "Rosh projects mo cabled w PMI approval by the la miry Requested Due Date: Re!' by (slgnaNm) .eivotl (si nor ) !.Dfde, Tune C 6 utqulshad by (slgnalure) ecei led by( nature) Data, Tone Relinquished by (signature) Received by (signature) Date Time Receipt Conditions ( ly) ❑ 4 e2°C O Temp: °C Res. Chlorine: OAbsont ❑Present ❑Na Add preserv. <2? ❑ Yea ❑ No O nle Base preserv. �124 ❑ Yee ❑ No ❑ n/a Page 15 of 15 1� A7;- NCDENR North Carolina Department of Environment and Natural Resources Pal McCrory Donald R. van der Vriart Governor Secretary June 5, 2015 Mr. Charles Price Cr nab T/5LA Green Meadow, LLC l7� 12601 Plantside Drive Louisville, Kentucky 40299 RE: Mining Permit No. 53-05 Colon Mine Lee County Cane Fear River Basin Dear Mr. Price: Your recent request to have the above referenced mining permit modified has been approved. The modification is to redesign the erosion and sedimentation control measures throughout the site and reduce the affected acreage to 314 acres as indicated on the Mine Maps last revised December 31, 2014. The modification also includes changing the method for reclaiming the mine by constructing structural fill using Coal Combustion Byproducts (CCBs) in accordance with the provisions of the Coal Ash Management Act of 2014 and the terms and conditions of Permit to Construct and Operate Colon Mine Site Structural Fill Permit No. 5306-STRUC-2015 issued by the Division of Waste Management on June 5, 2015. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to Insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 1B, 1C, 3C, 3D, 4B, 4C, 4D, 5, 10B and 12A and Reclamation Condition Nos. 1, 2A, 2E, 3. 4A and 4B. G.S. 74-65 states that any actions taken under the Mining Act of 1971, such as the issuance of mining permits, shall not be construed to supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina, except insofar as a provision of said regulation or ordinance is in direct conflict with the Mining Act of 1971. Thus, the responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 371 acres and the amount of land you are approved to disturb is 314 acres. Please note that the 21.15 acre area south of the railroad cannot be released at this time and is still considered within the mine permit boundary. This area can be released upon final stabilization of the disturbed areas. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:/:/Iportal.ncdenr.org/web/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612. 919-707.92001 FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Mr. Price Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. S TracDavis, PE, CPM Dire r Division of Energy, Mineral, and Land Resources TED/jw ---- --Enclosures--_ -_-- —.---- cc: Mr. John Holley, PE, DEMLR Raleigh Regional Office Supervisor Mr. Bradley Bennett, DEMLR Stormwater Permitting Supervisor Ms. Janet Boyer, PE, DEMLR State Mining Specialist Mr. Ed Mussler, PE, Division of Waste Management Permitting Supervisor Mr. Jay Zimmerman, Director, Division of Water Resources Mr, William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND 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: Green Meadow, LLC Colon Mine Lee County — Permit No. 53-05 for the operation of a Clay Mine 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: December 12 2024 Page 2 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 ---- -- ----- — op�ra oragrees o assume tk�ulies_of_the:permittee with_reference_to-reclamation.of_tfie _ 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 the 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 Whenever 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 November 4, 1988: This permit has been modified to change the company name from Sanford Brick and Tile Corporation to Cherokee Sanford Group. April 10, 1992: This permit has been modified to allow mining on 52 acres and on -site disposal of petroleum contaminated soils as per the Mine Expansion Map Erosion and Sediment Control Plan sated November 18, 1991. July 21, 1992: This permit has been modified to allow crushed. brick to be substituted for #57 washed stone in the upstream faces of all rock check dams. Page 3 February 13 1995: This Permit has been modified to increase the permitted acreage to 1093.18 acres and the affected acreage to 340 acres as indicated on the modification maps, sheets 1-4 dated May 25. 1994 and sealed September 12, 1994. August 2, 1996: This permit has been modified to change the corporate name from Cherokee Sanford Group, Inc. to Cherokee Sanford Group, LLC, October 24, 1997: This permit has been modified to revise the sediment and erosion control plan as indicated on the Site Layout Mine Map dated September 22, 1997 and supplemental information dated September 17, 1997 to more accurately reflect the field conditions, increase the maximum depth of the mine map to 50 feet, allow the dewatering of the pit and allow two lake areas to be left at the time of final reclamation. September 22, 1999: This permit has been modified to add approximately 211.37 acres of mine area that increases the affected acreage from 340.6 acres to 551.97 acres. This modification includes expanding the mine area in three areas and the associated erosion and. sP(iimeaLcontrol_measufes_as_indicated_on-the-General-Mineanformation-Map_dated June-21„ 1999 and the Mine Modification Details Map last revised September 10, 1999, including the supplemental information dated June 21, 1999 and August 25, 1999. April 25, 2000: A partial release has been granted, reducing the permitted acreage at this site by 5.01 undisturbed acres to 1088.17 acres. December 12, 2014: A partial release has been granted, reducing the permitted acreage to 371 acres and the affected acreage at this site to 349 acres. January 23, 2015: This permit has been transferred in its entirety from General Shale Brick, Inc. to Green Meadow. LLC, April 23, 2015: This permit has been modified to replace the flocculant currently permitted with FLOC-1-11-8 and GT Clear, manufactured by Green Technologies, to improve settling efficiency of suspended solids in the mine discharge water at this site provided these products are used in accordance with the manufacturer's instructions as outlined in the letter and supplemental information received by the Land Quality Section on April 10, 2015. June 5, 2015: This permit has been modified to redesign the erosion and sedimentation control measures throughout the site and reduce the affected acreage to 314 acres as indicated on the Mine Maps last revised December 31, 2014. The modification also includes changing the method for reclaiming the mine by constructing structural fill using Coal Combustion Byproducts (CCBs) in accordance with the provisions of the Coal Ash Management Act of 2014 and the terms and conditions of Permit to Construct and Operate Colon Mine Site Structural Fill Permit No. 5306-STRUC-2015 issued by the Division of Waste Management on June 5, 2015. Expiration Date This permit shall be effective from the date of its issuance until December 12, 2024 Page 4 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: 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. GS 74-51 (d) (3) B. Any approvals or permits required to collect, handle, and properly dispose of any water contacting Coal Combustion Byproducts (CCBs) shall be obtained prior to any placement of CCBs within the mining permit boundary. GS 74-51 (d) (3) C. Any stormwater runoff from the affected areas at the site shall be in accordance -------- with- - - an�applinable-permit.requirements.and.regulations.promulgated.byale Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits, permit modifications, or other approval documents. The terms and conditions of NPDES General Permit No. NCG020854 last revised December 16, 2014 shall be followed. GS 74-51 (d) (3) 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. GS 74-51 (d) (3) B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. GS 74-51 (d) (3) A. 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. GS 74-51 (d) (2) B. Any mining activity affecting waters of the State, water 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. GS 74-51 (d) (2) C. Buffers shall be maintained as indicated on the Mine Maps last revised December 31, 2014. GS 74-51 (d) (2) D. No land disturbing activities shall be allowed within 50 feet of any wetland or waterway until proof has been submitted to the Land Quality Section that all necessary permits/certifications have been obtained from the US Army Corps of Engineers and the Division of Water Resources. GS 74-51 (d) (2) Page 5 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. GS 74-51 (d) (6) B. In order to improve settling efficiency of suspended solids in the mine discharge water at this site, the operator shall use the flocculants FLOC-UL8 and GT Clear, manufactured by Green Technologies, provided these products are used in accordance with the manufacturer's instructions as outlined in the letter and supplemental information received by the Land Quality Section on April 10, 2015, GS 74-51 (d) (6) C. All mining activities and any land disturbing activities conducted within the mining permit boundary associated with the construction of the Coal Combustion Byproducts (CCBs) structural fill, including the installation and maintenance of all dsosiated-erosion-and-sediment-control-measures,-shall-be-conducted-as — — indicated on the Mine Maps last revised December 31, 2014 and the supplemental information received by the Land Quality Section on November 21, 2014, January 6, 2015 and March 17, 2015. GS 74-51 (d) (1-7) D. No land disturbing activities and no structural fill placement shall occur into the buffer or beyond the western mining permit boundary until an erosion and sedimentation control plan has been submitted to and approved by the Land Quality Section under the Sedimentation Pollution Control Act of 1973 and its corresponding administrative rules and the associated construction stormwater general permit has been issued. GS 74-51 (d) (7) Groundwater monitoring and sampling prior to, during and post -disposal of Coal Combustion Byproducts (CCBs) into the mined pits shall be implemented as outlined in the Coal Ash Management Act and per the plan prepared for and approved by the Division of Waste Management through Permit to Construct and Operate Colon Mine Site Structural Fill Permit No. 5306-STRUC-2015 issued on June 5, 2015. GS 74-51 (d) (2 and 3) 6. All affected area boundaries (314 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. GS 74-51 (d) (4) 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 ground cover, devices or structures sufficient to restrain such erosion. GS 74-51 (d) (4) Page 6 8. 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. GS 74-51 (d) (2) 9. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. GS 74-51 (d) (4) 10. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. GS 74-51 (d) (4) B. Buffers shall be maintained as indicated on the Mine Maps last revised December 31, 2014. GS 74-51 (d) (4) 11. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained - --- arhund the-p-edmeter=of_any-highwall.-G.S-74_51_(d)_(4.) 12. A. The on -site disposal of Coal Combustion Byproducts (CCBs) as structural fill within the mining permit boundary shall be conducted in accordance with the Coal Ash Management Act and the Permit to Construct and Operate Colon Mine Site Structural Fill Permit No. 5306-STRUC-2015 issued by the Division of Waste Management on June 5, 2015, GS 74-51 (d) (7) B. Notwithstanding the above condition, 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. GS 74-51 (d) (7) C. Mining refuse 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. GS 74-51 (d) (7) D. For the purposes of this permit, the Division of Energy, Mineral, and 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): GS 74-51 (d) (7) Page 7 1. on -site generated land clearing debris 2. conveyor belts 3, wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel E. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: GS 74-51 (d) (7) 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; a verification-that-the-refuse_will be_disposed at teast_4_feet above_the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 13. 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. GS 74-55 14. 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. GS 74-52 (a) 15, 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. GS 74-54 16. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. GS-74-50 (b3) (7) B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. GS-70-3 Page 8 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. 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 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 backfill the mine excavation with Coal Combustion Byproducts (GCBs) in accordance with the Coal Ash Management Act and Permit to Construct and Operate Colon Mine Site Structural Fill Permit No. 5306-STRUC-2015 issued by the Division of Waste Management on June 5, 2015. In addition, any disturbed areas shall be regraded and revegetated as indicated on the Reclamation Plan, Sheet 02C-02, dated December 31, 2014. GS 74-53 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: GS 74-53 Page 9 A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. 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. Materials not specifically approved within this mining permit shall not be permanently disposed of at the mine site. On -site disposal of Coal Combustion Byproducts (CCBs) and mining refuse shall be conducted in accordance with Operating Condition Nos. 11A through 11E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Seeding Plan submitted on the Erosion and Sedimentation Control Details, Sheet 3 of 3, last revised December 31, 2014, GS 74-53 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. GS 74-51 (d) (2) 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. GS 74-51 (d) (2) 4. Reclamation Plan: A. 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. GS 74-53 Page 10 B. Specific reclamation phases and schedules shall be followed as described in the Reclamation Timeline, Section C, submitted with the supplemental information received by the Land Quality Section on January 6,.2015 as follows: GS 74-53 Acres Estimated Completion Phase 1 (Cells1 and 2) 38.1 November 2018 Phase 2 (Cells 3 and 4) 51.2 July 2021 Phase 3 (Cell 5) 29.4 November 2022 This permit, issued to Sanford Brick and Tile Company October 3, 1972, renewed October 12, 1982, transferred to Cherokee Sanford Group Inc. November 4, 1988, modified April 10, 1992 and July 21, 1992, renewed March 18, 1993, modified February P ugust2--t996-October_2.4., _1.997 and_SepYember_22, 1.999;_renewed_March 22, 2004, modified April 6, 2005, renewed December 12, 2014. transferred to Green Meadow, LLC January 23, 2015, and modified April 23, 2015. is hereby modified this 51h day of June, 2015 pursuant to G.S. 74-52. Tracy E. Davis, PE, CPM, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 0010 Genera! Shale Building The American Dream* February 20, 2015 NC Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 GENERAL SHALE BRICK, INC. P.O. Box 3547, Johnson City, TN 37602 Ph. (423) 262-4661 /FAX (423) 952-4160 www. generalshale. com Certified: 7011 0110 0001 8214 3954 Subject: General Shale Brick, Inc. 2014 Stormwater Sampling Results NCG020354 — Brickhaven No. 2 Mine NCG020533 — Gulf Mine NCG020442 — Beck Mine NCG020854 — Colon Mine Attached are our 2014 stormwater DMRs (original and copy) for the subject permits. We recently transferred permit NCG020854 (Colon Mine) to Green Meadows LLC. The results for this mine reflect our ownership in 2014. Please call me at 423/952-4281 if you have questions concerning this information. Thank you, Steve Wyse, PE Environmental Engineer xc: Warren Paschal VV NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Charles E. Price Green Meadow, LLC 12601 Plantside Drive Louisville, NC 40299 Dear Mr. Price: December 16, 2014 John E. Skvarla, III Secretary RECEIVED DEC 2 2 2014 CENTRAL FILES DWR SECTION Subject: NPDES General Permit NCG020854 Green Meadow, LLC Formerly General Shale Brick, Inc. Certificate of Coverage NCG020854 Lee County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, _/or Tracy E. D vis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Raleigh Regional Office Stormwater Permitting Program Files Cent al.Elle� Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612. 919-707-9200 / FAX: 919.715.8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL. AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020854 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Green Meadow, LLC is hereby authorized to discharge stormwater from a facility located at: Colon Mine 1604 Colon Road Sanford Lee County to receiving waters designated as Roberts Creek, a class WS-fV water in the Cape Fear River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, and IV of General Permit No. NCG020854 as attached. This certificate of coverage shall become effective December 16, 2014. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 16; 2014. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission Division of Energy, Mineral & Land Resources �I Land Quality Section/Stormwater Permitting NCDENR National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year I Month I Da Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage C� 1 S 2 0 0 0 0 I N 10* 10, 1 0 12 0 8 5 4 Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: c. Facility name (discharge): d. Facility address: e. Facility contact person: General Shale Brick, Inc Gregory A Bowles First MI Last Director of Real Estate, Environment & Geology Title 3015 Bristol Highway Permit Holder Mailing Address Johnson City TN 37601 City State Zip (423)282-4661 ( ) Phone Fax Colon Mine 1604 Colon Road Address Sanford NC 27330 City Stale Zip (919) 774-6533 ext. Larry Cockerill 243 First / MI / Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): Green Meadow, LLC c. Person legally responsible for permit: Charles E Price First MI Last Managing Member Title VED RECEIRECEIVED 12601 Plantside Drive Permit Holder Mailing Address DEC 15 2014 Louisville KY 40299 City State Zip DENR-LAND OJALITY (502) 245-1353 cprice(rdcharah.com STORMWATER PERMITTING Phone E-mail Address d. Facility name (discharge): Colon Mine e. Facility address: 1604 Colon Road Address Sanford NC 27330 City State Zip f. Facility contact person: Charles E Price First MI Last (502) 245-1353 cprice(@charah.com Phone E-mail Address Revised Jan. 27, 2014 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: Charles E Price First MI Last Managing Member Title 12601 Plantside Drive Mailing Address Louisville KY 40299 City . State Zip (502) 245=1353 . cpriceacharah:com Phone 'E-mail Address V. Will the permitted Sacility 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 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. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Gregory A. Bowles, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 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 a returned as incomplete.V. l l2- •ll.�:� Signature Date APPLICANT CERTIFICATION I, Charles E. Price attest that this application for a nametownership 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 r trned as incomp te. 1z-lz-�y Signature Date PLEASE SEND THE:COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1372 FILED 0467 LEE COUNTY MOLLIE A. MCINNIS BK:01372 PG:0467 REGISTER OF DEEDS FILED Nov 13, 2014 AT 01 A1:28 pm BOOK 01372 START PAGE 0467 END PAGE 0476 Lt Cmmtr 11-13-2014 INSTRUMENT # 06088 NORTH CAROLINA Real Estatc Excix Tar $7.000.00 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $7,000.00 Parcel Identifier No. 9654-38-3247 (portion), 9654-58-2312, 9654-68-2373, 9655-81-9374 and 9655-62-2672 Verified by County on the _ day of 12014 By: Mail/Box to: Moore & Van Allen PLLC (MPH). 100 N. Tryon Street. Suite 4700, Charlotte, NC 28202 This instrument was prepared by:Bradshaw & Robinson. LLP, P.O. Box 607, Pittsboro, NC 27312 (without title examination) Brief description for the Index: 410.56 acres, more or less. West Sanford Township, Lee County THIS DEED made this 13th day of November 2014 (the "Effective Date'), by and between GENERAL SHALE BRICK, INC., a Delaware corporation 3015 Bristol Highway Johnson City, Tennessee 37601 GRANTEE GREEN MEADOW, LLC, a North Carolina limited liability company 12601 Plantside Drive Louisville, Kentucky 40299 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in West Sanford Township, Lee County, North Carolina and more particularly described as follows (the "Property"): Being all of that certain parcel or tract of land containing 410.56 acres, more or less, as shown on map or plat entitled, "Recombination Survey of General Shale Brick, Inc. Property for Charah, Inc.," prepared by WNC Professional Engineers & Surveyors recorded in Plat Slide 2014- li D Lee County Public Registry, reference to which is hereby made for a more particular description. Page 1 of 3 1372 0468 BK:01372 PG:0468 The Property was acquired by Grantor by instruments recorded in Book 584, Page 50, and in Book 1067, Page 682, Lee County Registry. Grantor is the successor -by -merger to Cherokee Sanford Group, LLC, a Delaware limited liability company. All or a portion of the Property does not include the primary residence of the Grantor. Grantor hereby expressly conveys the Property subject to, and Grantor hereby expressly reserves from this conveyance, the Use Restriction, and all other terms and conditions, and rights of the Grantor, pursuant to Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: 1. Any defects in, interests in, objections to, exceptions to, or conditions, liens, encumbrances or other matters of record relating to the title to the Property, whether evidenced by written instrument, or, if not evidenced by written instrument, then any such matters that would be revealed by an accurate survey of the Property completed on the Effective Date in accordance with exception #7, below. 2. Any encroachments upon or by the Property, any boundary disputes or conflicts regarding the boundaries of the Property, any claims, rights -of -way, easements, restrictions and restrictive covenants upon or relating to the Property, any encumbrances or other title defect(s), and the terms, provisions and conditions set forth in any instruments evidencing or referring to any such defects, exceptions, conditions, liens, encumbrances, overlaps, encroachments or boundary disputes or other matters. 3. All matters listed in Schedule i3 —Section 11 of the ALTA Commitment Form Commitment for Title Insurance issued by Chicago Title Insurance Company as Commitment Number 14-12874CH (Revision 7, dated November 7, 2014), which matters are incorporated herein by reference. 4. The lien of non -delinquent real property taxes and assessments, and any other non -delinquent impositions or exactions of any governmental or quasi -governmental authority or body politic, or political subdivision, agency or department thereof. 5. Any service, installation, connection, maintenance or construction charges due subsequent to the Effective Date. 6. The effect of any federal, state or municipal laws, rules, regulations or ordinances having applicability to the Property, or any portion thereof, or the use or enjoyment of the same, whether now or hereafter in effect, including, but not limited to, zoning, building, health, safety and environmental laws, rules and regulations, and notices of record relating thereto. 7. Any defects in, interests in, objection to, exceptions to, or conditions, liens, encumbrances or other matters that would have been disclosed on a current ALTA/ACSM Land Title Survey of the Property prepared as of the Effective Date in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA, ACSM and NSPS. 8. Any discrepancies, shortages in area, or state of facts which an inspection of the Property would disclose and which are not shown by the public records. 9. Any creditors' rights exceptions customarily taken by title insurance companies. [The remainder of this page is intentionally left blank; Grantor's signature is on the following page.] Page 2 of 3 1372 0469 BK:01372 PG:0469 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. GENERAL SHALE BRICK, INC., a Delaware corporation By: Kevin H. Ham, Vice President State of Tennessee -County of I, the undersigned Notary Public of the County of .a and State aforesaid, certify that Kevin H. Ham personally came before me this day and acknowledged that he is the Vice President of General Shale Brick, Inc., a Delaware corporation, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _,J' day of November, 2014. My Commission Expires: G - a9-10/(0 (Affix Seal) �14`I,MY Cq leg Page 3 of 3 zia m,hcl COAtex— Notary Public Notated or Typed Name 1372 0470 BK:01372 PG:0470 EXHIBIT A TO NORTH CAROLINA SPECIAL WARRANTY DEED THIS EXHIBIT A TO NORTH CAROLINA SPECIAL WARRANTY DEED (this "Agreement") is entered into as of November 13, 2014 (the "Effective Date") by and between GENERAL SHALE BRICK, INC., a Delaware corporation (the "Grantor") and GREEN MEADOW, LLC, a North Carolina limited liability company (the "Grantee"). Grantor and Grantee are sometimes referred to herein individually as a "Party" and collectively as the "Parties." WITNESSETH: THAT, WHEREAS, the Parties entered into that certain Agreement for. Purchase and Sale of Property dated November 12, 2014 (the "Contract"); and WHEREAS, the Parties wish to provide record notice of certain terms of the Contract including, but not limited to, matters regarding the Use Restriction. NOW, THEREFORE, in consideration of ten dollars ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: SECTION 1. Declaration of Covenants. Grantor, with the joinder and the consent of the Grantee, hereby declares that the Property shall be held, conveyed, encumbered, used, occupied and improved subject to the following covenants, which shall encumber the title to the Property and shall be binding upon all persons now having or hereafter acquiring any right, title, or interest in the Property, and their respective heirs, successors, and assigns, and which shall inure to the benefit of the Grantor, its successors and assigns (the "Use Restriction"): (a) Use Restriction. Prior to October 31, 2049, the Property shall not be used for the production, manufacturing, storage, transportation or distribution of bricks, ceramic clay products or concrete masonry units. This restriction on use shall run with the title to the Property and shall be enforceable by Grantee, its successors and assigns. The Use Restriction shall expire and be null and void without further action of any Party on October 31, 2049 at 11:59 p.m. (local time). SECTION 2. Environmental Release. Grantee, on behalf of itself and its members, managers and affiliates and each of their respective successors and assigns (collectively, the "Releasors"), as of the Effective Date, hereby waives, releases, and absolutely and forever discharges Grantor and its officers, directors, shareholders, subsidiaries, affiliates, employees, agents and representatives, and their respective heirs, successors and assigns (collectively, the "Releasees"), from any and all present or future rights, claims, actions, causes of action, demands, damages, liabilities, attomeys' fees, costs, fines, penalties and expenses of every kind and nature whatsoever, now known or unknown, direct or indirect, which any of the Releasors may have with respect to any of the Releasees, directly or indirectly arising from or relating to (x) the presence or alleged presence of Hazardous Materials in, on, under, about, originating from or relating to the Property if such Hazardous Materials were present at the Property on or prior to the Effective Date including, without limitation, any such claims under or on account of any Environmental Law or this Agreement, (y) any violation or alleged violation of any Environmental Law in connection with the Property that occurred or is alleged. to have occurred on or prior to the Effective Date, and (z) the ownership, use, occupancy or operation of the Property by Releasees on and prior to the Effective Date, including the use and/or operation of the Property for the mining of clay or other mineral substances, and the conduct of any activities affecting the air, soil and/or water of the Property, and activities related to the foregoing. 1372 0471 BK:01372 PG:0471 SECTION 3. Environmental Indemnity. From and after the Effective Date, Grantee shall indemnify, defend and hold harmless Grantor and the other Releasees (individually, a "Grantor Indemnitee" and collectively, "Grantor Indemnitees") from and against, and pay for (a) any and all actions, allegations, appeals, causes of action (including removal and remedial actions), claims, demands, investigations, and lawsuits, of any kind, brought by Grantee, a third party or any government entity against any Grantor Indemnitees based on, or arising or resulting from (1) the actual or alleged presence of Hazardous Materials at, on, under or adjacent to the Property, to the extent such Hazardous Material was first present or first alleged to be present at, on, under or adjacent to the Property on or after the Effective Date, (2) any activity by Grantee, or any Person affiliated with Grantee, in connection with any actual, proposed or threatened use, treatment, storage, holding, existence, disposition or other Release, generation, production, manufacturing, processing, refining, control, management, abatement, removal, arrangement for disposal, handling, transfer or transportation to or from the Property of any Hazardous Materials at any time located in, under, on or above the Property, (3) the imposition, recording or filing or the threatened imposition, recording or filing of any Environmental Lien encumbering the Property relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; (4) any actual or -threatened injury to, destruction of, or loss of natural resources in any way connected with the Property arising on or after the Effective Date, including, but not limited to, costs to investigate and assess such injury, destruction or loss relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; (5) any personal injury, wrongful death, or property or other damage arising on or after the Effective Date under any statutory or common law or tort law theory, related to environmental hazards on the Property, including, but not limited to, damages assessed for private or public nuisance or for the conducting of an abnormally dangerous activity on the Property relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; and (6) any Environmental Claim relating in any way to the Grantee's operation or use of the Property on or after the Effective Date (individually, a "Claim" and collectively, "Claims'); and (b) any and all assessments, civil penalties, out-of-pocket costs and expenses (including court costs and reasonable attorneys' fees) actually incurred by a Grantor Indemnitee (but excluding costs and expenses of defending any Claim incurred by any such Grantor Indemnitee after Grantee has accepted and is diligently pursuing defense of such Claim, unless such costs and expenses of defending such Claim are incurred with Grantee's prior written consent), damages (including consequential and punitive damages awarded to any third -party), decrees, fines, judgments, liabilities (including for strict liability), losses, obligations, orders and penalties (whether compensatory or punitive) which may be assessed against or suffered or incurred by any Grantor Indemnitee based upon, or arising or resulting from (i) any Claim that is (y) owed to Grantee, a third -party or any governmental entity, or (z) related to any remedial actions to the Property required of Grantor under any applicable Environmental Law; or (ii) to the extent arising out of, relating to or resulting from the Release or Threatened Release of Hazardous Materials from the Property to, on, under, adjacent to, or otherwise affecting the real property owned by Grantor (including as successor in interest to Cherokee Sanford Group, LLC, a Delaware limited liability company), or General Shale, Inc., on the date hereof (the "Subject Property'), any remedial actions reasonably appropriate to enable clay to be mined from the Subject Property or required to comply with applicable Environmental Law, including, without limitation, action to (x) test, identify, investigate and monitor such Hazardous Materials or Release, and (y) clean-up, contain and remove such Hazardous Materials (all of the foregoing, collectively, "Losses"). In the event that any Grantor Indemnitee receives written notice of the assertion of any Claim by any third -party or any governmental entity with respect to which the Grantee is required to provide indemnification under this Agreement, the Grantor Indemnitee shall provide Grantee with prompt written notice (a .'Claim Notice") of any Claim for which indemnity is sought, which Claim Notice shall set forth in reasonable detail a statement of the pertinent facts known to the Grantor Indemnitee concerning the Claim(s) that are the subject ofthe Claim Notice; provide d, however, that any failure by a Grantor Indemnitee to give a timely, complete or accurate Claim Notice shall not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, Grantee's defense of any such Claim was materially and adversely prejudiced. Grantee shall have the right, upon delivering written notice (the "Defense Notice") to the Grantor Indemnitee within six (6) months after receipt from a Grantor Indemnitee of a Claim Notice, to assume and conduct, at Grantee's sole cost and expense, the defense against those Claims identified in the Claim Notice that are identified in the Defense Notice; provided, however, that (i) delivery by Grantee of a Defense Notice shall constitute Grantee's irrevocable agreement that the Grantor Indemnitee(s) are entitled to PAGE 1372 BK:01372 PG:0472 0472idemnification under this Agreement with respect to the Claims set forth in the Defense Notice, and (ii) Grantor shall have the right to approve the defense counsel engaged by Grantee, such approval not to be unreasonably withheld, conditioned or delayed (provided that Grantor hereby approves Moore & Van Allen PLLC). In the event that Grantee shall fail to give a Defense Notice for any Claims identified in the Claims Notice within six (6) months after receipt from a Grantor Indemnitee of such Claim Notice, then in any such event the Grantor Indemnitees shall have,the right to conduct the defense of the Claims identified in the Claim Notice in good faith, provided that Grantor Indemnitees shall be prohibited from compromising or settling any such Claims without the prior written consent of Grantee, which consent shall not be unreasonably withheld, conditioned or delayed. In order to seek Grantee's consent, a Grantor Indemnitee must provide to Grantee written notice detailing all of the terms, conditions and obligations of any proposed settlement or compromise, including providing a copy of any proposed settlement agreement or other contractual arrangement to be executed by parties to the proposed settlement or compromise (a "Grantor Indemnitee Settlement Notice'). if Grantee does not provide to the respective Grantor Indemnitee(s) a written response to a Grantor Indemnitee Settlement Notice within twenty (20) Business Days of Grantee's receipt of the Grantor Indemnitee Settlement Notice (as provided in Section 18(b) herein), then Grantee's consent will be deemed given to the respective Grantor Indemnitee. In the event the Grantee does timely deliver a Defense Notice and thereby elects to conduct the defense of the Claims identified in the Defense Notice, the Grantor Indemnitees will cooperate with and make available to the Grantee such assistance and materials as Grantee may reasonably request, all at the sole cost and expense of Grantee. Regardless of which party defends such Claims, the other party hereto shall have the right at its own cost and expense to participate in the defense assisted by counsel of its own choosing. Without the prior written consent of the Grantor Indemnitees, which shall not be unreasonably withheld, conditioned or delayed, Grantee shall not approve the entry of any judgment or enter into any settlement or compromise of any such Claims if (a) pursuant to.or as a result of such judgment, settlement or compromise, such judgment, settlement or compromise would lead to liability or create any financial or other obligation on the part of any Grantor Indemnitee for which the Grantor Indemnitee is not fully indemnified and made whole hereunder, (b) the terms of such judgment, settlement or compromise do not provide for a full and complete release of all such Claims in favor of each Grantor Indemnitee that is the subject of the Claim, and (c) injunctive or other equitable relief will be imposed against any Grantor Indemnitee. In order to seek a Grantor Indemnitee's consent, Grantee must provide to the Grantor Indemnitee written notice detailing all of the terms, conditions and obligations of any proposed judgment, settlement or compromise, including, providing a copy of any proposed settlement agreement or other contractual arrangement to be executed by parties to the proposed settlement or compromise (a "Grantee Settlement Notice"). If a Grantor Indemnitee does not provide to Grantee a written response to a Grantee Settlement Notice, within twenty (20) Business Days of the Grantor Indemnitee's receipt of the Grantee Settlement Notice (as provided under Section 4 herein), then the Grantor Indemnitee's consent shall be deemed given to the Grantee. Any judgment entered or settlement or compromise agreed upon as set forth in a Grantor Indemnitee Settlement Noticethat is consented to by Grantee or a Grantee Settlement.Notice that is consented to by Grantor, in the manner provided herein, shall be binding upon Grantee, and shall be conclusively deemed to be an obligation with respect to which the Grantor Indemnitees are entitled to prompt indemnification hereunder, subject to Grantee's right to appeal an appealable judgment or order. For purposes of this Agreement, the term "Hazardous Materials" means chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, radioactive materials or genetically modified organisms, which are, have been or become regulated by any federal, state or local government authority including, without limitation, (w) petroleum or any fraction thereof, (x) asbestos, (y) any substance or material defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response, .Compensation, and Liability Act (42 U.S.C. § 9601), or (z) any substance or material defined as a "hazardous chemical" pursuant to the federal Hazard Communication Standard (29 C.F.R. § 1910.1200); the term "Environmental Claim" means any claim, action, cause of action, investigation, or notice (written or oral) by any person or entity alleging potential liability (including, without limitation, potential liability for investigatory costs, cleanup costs, governmental response costs, natural resource damages, property damages, personal injuries, or civil or criminal penalties) arising out of or resulting from (yy) the actual or alleged presence or release into the environment of any Hazardous Materials at any location, whether or not owned or operated by the Grantor, or (zz) circumstances forming the basis of any actual or alleged violation of any Environmental Law; and the term "Environmental Law" means all federal, state, local, and foreign laws and regulations relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, ground PAGE 1372 BK:01372 PG:0473 0473 water, wetlands, land surface, subsurface strata, and indoor and outdoor workplace), including, without limitation, (yyy) • laws and regulations relating to emissions, discharges, releases, or threatened releases of Hazardous Materials, and (zzz) common law principles of tort liability. The terms "Release" and "Threatened Release" shall have the meanings defined under Environmental Law. The term "Environmental Lien" means any mortgage, pledge, hypothecation, assignment, deposit arrangement, encumbrance, lien (statutory or other), charge, or preference, priority or other security interest or preferential arrangement arising pursuant to any Environmental Law or as a result of the presence, Release or threatened Release or disposal of any Hazardous Materials. Grantee and Grantor agree that, in the event of any Release or Threatened Release of Hazardous Materials in, at, on, under, about, originating from or relating to the Property, or any Claims or Losses relating thereto, then (i) there shall be a presumption that such Hazardous Materials were first introduced and first present in, at, on, under or about the Property after the Effective Date, and (ii) Grantee shall bear the burden of proof if Grantee claims or asserts that such Hazardous Materials were present in, at, on, under or about the Property on or prior to the Effective Date. Grantee agrees that it shall not sell, assign or otherwise transfer any of the Property unless the purchaser, assignee or transferee thereof, at or prior to such sale, assignment or transfer, agrees in writing (x) to be bound by and comply with the terms of this Section 3 as if it were the Grantee hereunder, and (y) that Grantor is an intended beneficiary of such writing. The immediately preceding sentence shall expire and be of no further force and effect at such time as none of the following owns any portion of the Subject Property: (i) Grantor, (ii) Grantor's affiliates, (iii) any successor to all or substantially all of the business of Grantor or its affiliates, and (iv) any direct or indirect subsidiary of Wienerberger AG. SECTION 4. Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when deposited in Federal Express (or any other reputable national "next day" delivery service) or in the United States mail via registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: GRANTOR: General Shale Brick, Inc. 3015 Bristol Highway Johnson City, Tennessee 37601 Ann: Real Estate Department Phone: (423) 282-4661 and a copy (which shall not constitute notice) to: John A. Flaherty, Esq. Dickstein Shapiro LLP One Stamford Plaza 263 Tresser Blvd Stamford, CT 06902 Phone: (203) 905-4527 GRANTEE: Green Meadows, LLC 12601 Plantside Drive Louisville, KY 40299 Phone: (502) 245-1353 PAGE 4 1372 0474 and a copy (which shall BK:01372 PG:0474 not constitute notice) to: Moore & Van Allen PLLC 100 N. Tryon Street, Suite 4700 Charlotte, North Carolina 28202-4003 Attention: Henry B. Ward, III Phone: (704) 331-1027 Either Party may, from time to time, by notice as herein provided, designate a different address to which notices shall be sent. Rejection or other refusal to accept or inability to deliver a notice required hereunder because of a changed address of which no notice was given shall be deemed to be receipt of the notice. Grantee and Grantor agree that the counsel for the Parties may deliver notice on behalf of the Parties. SECTION 7. General Provisions. (a) Applicable Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, without giving effect to its conflict of laws provisions. (b) Entire Agreement. This Agreement and the Contract contain the entire understanding and agreement by and between the Parties with respect to the Use Restriction, and all prior or contemporaneous oral or written agreements regarding the Use Restriction, except for the Contract, are merged herein. (c) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties, and their respective heirs, successors and assigns. (d) Severability. if any term or provision, or any portion thereof, of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (e) Captions and Headings. The captions and headings throughout this Agreement are for convenience and reference only and the words set forth therein shall in no way be held to define or add to the interpretation, construction or meaning of any provision of this Agreement. (f) No Waiver. Failure of any Party to insist upon compliance of any provision of this Agreement shall not constitute a waiver of the rights of such Party to subsequently insist upon compliance with that provision or any other provision of this Agreement, nor in any way to affect the validity of all or any part of this Agreement. (g) Amendment. No amendment to this Agreement shall be effective unless made in a writing signed by the Parties, or their respective successors and assigns, and recorded on the Lee County Registry. [The remainder of this page is intentionally left blank; signatures begin on the following page.] PAGE 5 1372 BK:01372 PG:0475 0475 IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Agreement as of the day and year first above written. GENERAL SHALE BRICK, INC., a Delaware corporation By: Kevin H. Ham, Vice President State of Tennessee - County of / tJ?e ktin a r4� n 1, the undersigned Notary Public of the County of aj11a, &c giAD4 and State aforesaid, certify that Kevin H. Ham personally came before me this day an�owledged that he is the Vice President of General Shale Brick, Inc., a Delaware corporation, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _L day of November, 2014. My Commission Expires: 7'arnm5eCc 4-lelz- Notary Public (o '129-a20/6p Notary's Printed or Typed Name CA TENNESSM NOTARY of this page is intentionally left blank; Grantee's signature is on the following page.] EASEMENT AGREEMENT PAGE 6 AND DECLARATION OF COVENANTS 1372 0476 of 13K:01372 PG:O476 - County GREEN MEADOW, LLC, a North Carolina limited liability company By: Cbarab, I ., its Member r By: Print Name: Charles E. Price Title: President & CEO I, the undersigned Notary Public of the County of �r., S,n,rti and State aforesaid, certify that Charles E. Price personally came before me this day an ac owledged that he is the President & CEO of Charah, Inc., the Member/Manager of Green Meadow, LLC, a North Carolina limited'liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 3 day yoof,November, 2014. My Commission Expires: rJ !J Notary Public ���� Notary's Printed or Typed Name (Affix Seal) a ............ •5�r . PAGE 7 ©tF. Division of Energy, Mineral & Land Resources Land Quality Section/Storniwater Permitting National Pollutant Discharge Elimination System NCDENR "D N�o � PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month I Da Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N 1 G 1 S 10 1 2 1 0 0 0 0 I N 1 G 1 G 1 0 1 2 0 8 5 4 Permit status prior to requested change. a. Permit issued to (company name): General Shale Brick, Inc. b. Person legally responsible for permit-. Gregory A Bowles First MI Last Director of Real Estate, Environment & Geology Tide 3015 Bristol Highway Pennit Holder Mailing Address Johnson City TN 37601 City State Zip (423)282-4661 ( ) Phone Fax c. Facility name (discharge): Colon Mine d. Facility address: 1604 Colon Road Address Sanford NC 27330 City State Zip e. Facility contact person: (919) 774-6533 ext.Larry Cockerill 243 First / MI / Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner !/other please explain b. Permit issued to (company name): Green Meadow, LLC c. Person legally responsible for permit: Charles E Price First MI Last Managing Member Title `� RECEIVED RC 12601 Plantside Drive Pennit Holder Mailing Address DEC 15 20i4 Louisville KY 40299 City State Zip DENR-LAND QUALITY (502) 245-1353 cprice o,charah.com STORMWATER FERIVI!TTWG Phone E-mail Address d. Facility name (discharge): Colon Mine e. Facility address: 1604 Colon Road Address Sanford NC 27330 City State Zip f. Facility contact person: Charles E Price First MI Last (502) 245-1353 cprice(,charah.com Phone E-mail Address Revised Jan. 27, 2014 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: Charles E Price Firs[ MI Last Managing Member Title 12601 Plantside Drive Mailing Address Louisville KY 40299 City Stale Zip (502) 245-1353 cprice Q charah.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 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. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Gregory A. Bowles, 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 a returned as incomplete. 1 4. Signature Date APPLICANT CERTIFICATION 1, Charles E. Price, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of nay 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 re rned as incolnp te. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1372 FILED 0467 LEE COUNTY MOLLIEA. MCINNIS BK:01372 PG:0467 REGISTER OF DEEDS FILED Nov 13, 2014 AT 01:41:28 pm BOOK 01372 START PAGE 0467 END PAGE 0476 INSTRUMENT # 06088 Lee County 11-13-2014 NORM CAROLINA Real E51:,,: Excise Tar $7,000.00 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $7,000.00 Parcel Identifier No. 9654-38-3247 (portion), 9654-58-2312, 9654-68-2373, 9655-81-9374 and 9655-62-2672 Verified by County on the _ day of , 2014 By: Mail/Box to: Moore & Van Allen PLLC (MPH), 100 N. Tryon Street. Suite 4700, Charlotte, NC 28202 This instrument was prepared by: Bradshaw & Robinson, LLP, P.O. Box 607, Pittsboro, NC 27312 (without title examination) Brief description for the Index: 410.56 acres, more or less. West Sanford Township, Lee County THIS DEED made this 13th day of November, 2014 (the "Effective Date"), by and between GRANTOR GENERAL SHALE BRICK, INC., a Delaware corporation 3015 Bristol Highway Johnson City, Tennessee 37601 GRANTEE GREEN MEADOW, LLC, a North Carolina limited liability company 12601 Plantside Drive Louisville, Kentucky 40299 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in West Sanford Township, Lee County, North Carolina and more particularly described as follows (the "Property"): Being all of that certain parcel or tract of land containing 410.56 acres, more or less, as shown on map or plat entitled, "Recombination Survey of General Shale Brick, Inc. Property for Charah, Inc.," prepared by WNC Professional Engineers & Surveyors recorded in Plat Slide 2014- 110 Lee County Public Registry, reference to which is hereby made for a more particular description. Page I of 3 1372 0468 BK:01372 PG:0468 The Property was acquired by Grantor by instruments recorded in Book 584, Page 50, and in Book 1067, Page 682, Lee County Registry. Grantor is the successor -by -merger to Cherokee Sanford Group, LLC, a Delaware limited liability company. All or a portion of the Property does not include the primary residence of the Grantor. Grantor hereby expressly conveys the Property subject to, and Grantor hereby expressly reserves from this conveyance, the Use Restriction, and all other terms and conditions, and rights of the Grantor, pursuant to Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: 1. Any defects in, interests in, objections to, exceptions to, or conditions, liens, encumbrances or other matters of record relating to the title to the Property, whether evidenced by written instrument, or, if not evidenced by written instrument, then any such matters that would be revealed by an accurate survey of the Property completed on the Effective Date in accordance with exception 97, below. 2. Any encroachments upon or by the Property, any boundary disputes or conflicts regarding the boundaries of the Property, any claims, rights -of -way, easements, restrictions and restrictive covenants upon or relating to the Property, any encumbrances or other title defect(s), and the terms, provisions and conditions set forth in any instruments evidencing or referring to any such defects, exceptions, conditions, liens, encumbrances, overlaps, encroachments or boundary disputes or other matters. 3. All matters listed in Schedule B — Section 11 of the ALTA Commitment Form Commitment for Title Insurance issued by Chicago Title Insurance Company as Commitment Number 14-12874CH (Revision 7, dated November 7, 2014), which matters are incorporated herein by reference. 4. The lien of non -delinquent real property taxes and assessments, and any other non -delinquent impositions or exactions of any governmental or quasi -governmental authority or body politic, or political subdivision, agency or department thereof. 5. Any service, installation, connection, maintenance or construction charges due subsequent to the Effective Date. 6. The effect of any federal, state or municipal laws, rules, regulations or ordinances having applicability to the Property, or any portion thereof, or the use or enjoyment of the same, whether now or hereafter in effect, including, but not limited to, zoning, building, health, safety and environmental laws, rules and regulations, and notices of record relating thereto. 7. Any defects in, interests in, objection to, exceptions to, or conditions, liens, encumbrances or other matters that would have been disclosed on a current ALTA/ACSM Land Title Survey of the Property prepared as of the Effective Date in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA, ACSM and NSPS. 8. Any discrepancies, shortages in area, or state of facts which an inspection of the Property would disclose and which are not shown by the public records. 9. Any creditors' rights exceptions customarily taken by title insurance companies. IThe remainder of this page is intentionally left blank; Grantor's signature is on the following page.1 Page 2 of 3 1372 0469 BK:01372 PG:0469 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. GENERAL SHALE BRICK, INC., a Delaware corporation By: '4Z4�� Kevin H. Ham, Vice President State of Tennessee - County of lkmdAt 4r�G�011 I, the undersigned Notary Public of the County of and State aforesaid, certify that Kevin H. Ham personally came before me this day and acknowledged that he is he is the of General Shale Brick, Inc., a Delaware corporation, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this -,'T- day of November, 2014. My Commission Expires: l - .29 -.2016 (Affix Seal) �%`��tttY1C �,M OF TENNESW s y NOTARY :.N RUBUC Page 3 of 3 Tit m-"V Ca,Qtex, Notary Public Notated or Typed Name 1372 0470 BK:01372 PG:0470 EXHIBIT A TO NORTH CAROLINA SPECIAL WARRANTY DEED THIS EXHIBIT A TO NORTH CAROLINA SPECIAL WARRANTY DEED (this "Agreement") is entered into as of November 13, 2014 (the "Effective Date") by and between GENERAL SHALE BRICK, INC., a Delaware corporation (the "Grantor") and GREEN MEADOW, LLC, a North Carolina limited liability company (the "Grantee"). Grantor and Grantee are sometimes referred to herein individually as a "Party" and collectively as the "Parties." WITNESSETH: THAT, WHEREAS, the Parties entered into that certain Agreement for Purchase and Sale of Property dated November 12, 2014 (the "Contract"); and WHEREAS, the Parties wish to provide record notice of certain terms of the Contract including, but not limited to, matters regarding the Use Restriction. NOW, THEREFORE, in consideration of ten dollars ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: SECTION 1. Declaration of Covenants. Grantor, with the joinder and the consent of the Grantee, hereby declares that the Property shall be held, conveyed, encumbered, used, occupied and improved subject to the following covenants, which shall encumber the title to the Property and shall be binding upon all persons now having or hereafter acquiring any right, title, or interest in the Property, and their respective heirs, successors, and assigns, and which shall inure to the benefit of the Grantor, its successors and assigns (the "Use Restriction"): (a) Use Restriction. Prior to October 31, 2049, the Property shall not be used for the production, manufacturing, storage, transportation or distribution of bricks, ceramic clay products or concrete masonry units. This restriction on use shall run with the title to the Property and shall be enforceable by Grantee, its successors and assigns. The Use Restriction shall expire and be null and void without further action of any Party on October 31, 2049 at 11:59 p.m. (local time). SECTION 2. Environmental Release. Grantee, on behalf of itself and its members, managers and affiliates and each of their respective successors and assigns (collectively, the "Releasors"), as of the Effective Date, hereby waives, releases, and absolutely and forever discharges Grantor and its officers, directors, shareholders, subsidiaries, affiliates, employees, agents and representatives, and their respective heirs, successors and assigns (collectively, the "Releasees"), from any and all present or future rights, claims, actions, causes of action, demands, damages, liabilities, attomeys' fees, costs, fines, penalties and expenses of every kind and nature whatsoever, now known or unknown, direct or indirect, which any of the Releasors may have with respect to any of the Releasees, directly or indirectly arising from or relating to (x) the presence or alleged presence of Hazardous Materials in, on, under, about, originating from or relating to the Property if such Hazardous Materials were present at the Property on or prior to the Effective Date including, without limitation, any such claims under or on account of any Environmental Law or this Agreement, (y) any violation or alleged violation of any Environmental Law in connection with the Property that occurred or is alleged to have occurred on or prior to the Effective Date, and (z) the ownership, use, occupancy or operation of the Property by Releasees on and prior to the Effective Date, including the use and/or operation of the Property for the mining of clay or other mineral substances, and the conduct of any activities affecting the air, soil and/or water of the Property, and activities related to the foregoing. 1372 0471 BK:01372 PG:0471 SECTION 3. Environmental Indemnity. From and after the Effective Date, Grantee shall indemnify, defend and hold harmless Grantor and the other Releasees (individually, a "Grantor Indemnitee" and collectively, "Grantor Indemnitees") from and against, and pay for (a) any and all actions, allegations, appeals, causes of action (including removal and remedial actions), claims, demands, investigations, and lawsuits, of any kind, brought by Grantee, a third party or any government entity against any Grantor Indemnitees based on, or arising or resulting from (1) the actual or alleged presence of Hazardous Materials at, on, under or adjacent to the Property, to the extent such Hazardous Material was first present or first alleged to be present at, on, under or adjacent to the Property on or after the Effective Date, (2) any activity by Grantee, or any Person affiliated with Grantee, in connection with any actual, proposed or threatened use, treatment, storage, holding, existence, disposition or other Release, generation, production, manufacturing, processing, refining, control, management, abatement, removal, arrangement for disposal, handling, transfer or transportation to or from the Property of any Hazardous Materials at any time located in, under, on or above the Property, (3) the imposition, recording or filing or the threatened imposition, recording or filing of any Environmental Lien encumbering the Property relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; (4) any actual or threatened injury to, destruction of, or loss of natural resources in any way connected with the Property arising on or after the Effective Date, including, but not limited to, costs to investigate and assess such injury, destruction or loss relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; (5) any personal injury, wrongful death, or property or other damage arising on or after the Effective Date under any statutory or common law or tort law theory, related to environmental hazards on the Property, including, but not limited to, damages assessed for private or public nuisance or for the conducting ofan abnormally dangerous activity on the Property relating in any way to the activities conducted on, or operation or use of, the Property on or after the Effective Date; and (6) any Environmental Claim relating in any way to the Grantee's operation or use of the Property on or after the Effective Date (individually, a "Claim" and collectively, "Claims"); and (b) any and all assessments, civil penalties, out-of-pocket costs and expenses (including court costs and reasonable attorneys' fees) actually incurred by a Grantor Indemnitee (but excluding costs and expenses of defending any Claim incurred by any such Grantor Indemnitee after Grantee has accepted and is diligently pursuing defense of such Claim, unless such costs and expenses of defending such Claim are incurred with Grantee's prior written consent), damages (including consequential and punitive damages awarded to any third -party), decrees, fines, judgments, liabilities (including for strict liability), losses, obligations, orders and penalties (whether compensatory or punitive) which may be assessed against or suffered or incurred by any Grantor Indemnitee based upon, or arising or resulting from (i) any Claim that is (y) owed to Grantee, a third -party or any governmental entity, or (z) related to any remedial actions to the Property required of Grantor under any applicable Environmental Law; or (ii) to the extent arising out of, relating to or resulting from the Release or Threatened Release of Hazardous Materials from the Property to, on, under, adjacent to, or otherwise affecting the real property owned by Grantor (including as successor in interest to Cherokee Sanford Group, LLC, a Delaware limited liability company), or General Shale, Inc., on the date hereof (the "Subject Property"), any remedial actions reasonably appropriate to enable clay to be mined from the Subject Property or required to comply with applicable Environmental Law, including, without limitation, action to (x) test, identify, investigate and monitor such Hazardous Materials or Release, and (y) clean-up, contain and remove such Hazardous Materials (all of the foregoing, collectively, "Losses"). In the event that any Grantor Indemnitee receives written notice of the assertion of any Claim by any third -party or any governmental entity with respect to which the Grantee is required to provide indemnification under this Agreement, the Grantor Indemnitee shall provide Grantee with prompt written notice (a "Claim Notice") of any Claim for which indemnity is sought, which Claim Notice shall set forth in reasonable detail a statement of the pertinent facts known to the Grantor Indemnitee concerning the Claim(s) that are the subject of the Claim Notice; provide d, however, that any failure by a Grantor Indemnitee to give a timely, complete or accurate Claim Notice shall not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, Grantee's defense of any such Claim was materially and adversely prejudiced. Grantee shall have the right, upon delivering written notice (the "Defense Notice") to the Grantor Indemnitee within six (6) months after receipt from a Grantor Indemnitee of a Claim Notice, to assume and conduct, at Grantee's sole cost and expense, the defense against those Claims identified in the Claim Notice that are identified in the Defense Notice; provided, however, that (i) delivery by Grantee of a Defense Notice shall constitute Grantee's irrevocable agreement that the Grantor Indemnitee(s) are entitled to PAGE 1372 BK:01372 PG:0472 0472indemnification under this Agreement with respect to the Claims set forth in the Defense Notice, and (ii) Grantor shall have the right to approve the defense counsel engaged by Grantee, such approval not to be unreasonably withheld, conditioned or delayed (provided that Grantor hereby approves Moore & Van Allen PLLC). In the event that Grantee shall fail to give a Defense Notice for any Claims identified in the Claims Notice within six (6) months after receipt from a Grantor Indemnitee of such Claim Notice, then in any such event the Grantor Indemnitees shall have the right to conduct the defense of the Claims identified in the Claim Notice in good faith, provided that Grantor Indemnitees shall be prohibited from compromising or settling any such Claims without the prior written consent of Grantee, which consent shall not be unreasonably withheld, conditioned or delayed. In order to seek Grantee's consent, a Grantor Indemnitee must provide to Grantee written notice detailing all of the terms, conditions and obligations of any proposed settlement or compromise, including providing a copy of any proposed settlement agreement or other contractual arrangement to be executed by parties to the proposed settlement or compromise (a "Grantor Indemnitee Settlement Notice"). If Grantee does not provide to the respective Grantor Indemnitee(s) a written response to a Grantor Indemnitee Settlement Notice within twenty (20) Business Days of Grantee's receipt of the Grantor Indemnitee Settlement Notice (as provided in Section 18(b) herein), then Grantee's consent will be deemed given to the respective Grantor Indemnitee. In the event the Grantee does timely deliver a Defense Notice and thereby elects to conduct the defense of the Claims identified in the Defense Notice, the Grantor Indemnitees will cooperate with and make available to the Grantee such assistance and materials as Grantee may reasonably request, all at the sole cost and expense of Grantee. Regardless of which party defends such Claims, the other party hereto shall have the right at its own cost and expense to participate in the defense assisted by counsel of its own choosing. Without the prior written consent of the Grantor Indemnitees, which shall not be unreasonably withheld, conditioned or delayed, Grantee shall not approve the entry of anyjudgment or enter into any settlement or compromise of any such Claims if (a) pursuant to or as a result of such judgment, settlement or compromise, such judgment, settlement or compromise would lead to liability or create any financial or other obligation on the part of any Grantor Indemnitee for which the Grantor Indemnitee is not fully indemnified and made whole hereunder, (b) the terms of such judgment, settlement or compromise do not provide for a full and complete release of all such Claims in favor of each Grantor Indemnitee that is the subject of the Claim, and (c) injunctive or other equitable relief will be imposed against any Grantor Indemnitee. In order to seek a Grantor Indemnitee's consent, Grantee must provide to the Grantor Indemnitee written notice detailing all of the terms, conditions and obligations of any proposed judgment, settlement or compromise, including providing a copy of any proposed settlement agreement or other contractual arrangement to be executed by parties to the proposed settlement or compromise (a "Grantee Settlement Notice"). If a Grantor Indemnitee does not provide to Grantee a written response to a Grantee Settlement Notice, within twenty (20) Business Days of the Grantor Indemnitee's receipt of the Grantee Settlement Notice (as provided under Section 4 herein), then the Grantor Indemnitee's consent shall be deemed given to the Grantee. Any judgment entered or settlement or compromise agreed upon as set forth in a Grantor Indemnitee Settlement Notice that is consented to by Grantee or a Grantee Settlement Notice that is consented to by Grantor, in the manner provided herein, shall be binding upon Grantee, and shall be conclusively deemed to be an obligation with respect to which the Grantor Indemnitees are entitled to prompt indemnification hereunder, subject to Grantee's right to appeal an appealable judgment or order. For purposes of this Agreement, the term "Hazardous Materials" means chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, radioactive materials or genetically modified organisms, which are, have been or become regulated by any federal, state or local government authority including, without limitation, (w) petroleum or any fraction thereof, (x) asbestos, (y) any substance or material defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601), or (z) any substance or material defined as a "hazardous chemical" pursuant to the federal Hazard Communication Standard (29 C.F.R. § 1910.1200); the term "Environmental Claim" means any claim, action, cause of action, investigation, or notice (written or oral) by any person or entity alleging potential liability (including, without limitation, potential liability for investigatory costs, cleanup costs, governmental response costs, natural resource damages, property damages, personal injuries, or civil or criminal penalties) arising out of or resulting from (yy) the actual or alleged presence or release into the environment of any Hazardous Materials at any location, whether or not owned or operated by the Grantor, or (zz) circumstances forming the basis of any actual or alleged violation of any Environmental Law; and the term "Environmental Law" means all federal, state, local, and foreign laws and regulations relatingto pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, ground PAGE 1372 - BK:01372 PG:0473 0473 water, wetlands, land surface, subsurface strata, and indoor and outdoor workplace), including, without limitation, (yyy) laws and regulations relating to emissions, discharges, releases, or threatened releases of Hazardous Materials, and (zzz) common law principles of tort liability. The terms "Release" and "Threatened Release" shall have the meanings defined under Environmental Law. The term "Environmental Lien" means any mortgage, pledge, hypothecation, assignment, deposit arrangement, encumbrance, lien (statutory or other), charge, or preference, priority or other security interest or preferential arrangement arising pursuant to any Environmental Law or as a result of the presence, Release or threatened Release or disposal of any Hazardous Materials. Grantee and Grantor agree that, in the event of any Release or Threatened Release of Hazardous Materials in, at, on, under, about, originating from or relating to the Property, or any Claims or Losses relating thereto, then (i) there shall be a presumption that such Hazardous Materials were first introduced and first present in, at, on, under or about the Property after the Effective Date, and (ii) Grantee shall bear the burden of proof if Grantee claims or asserts that such Hazardous Materials were present in, at, on, under or about the Property on or prior to the Effective Date. Grantee agrees that it shall not sell, assign or otherwise transfer any of the Property unless the purchaser, assignee or transferee thereof, at or prior to such sale, assignment or transfer, agrees in writing (x) to be bound by and comply with the terms of this Section 3 as if it were the Grantee hereunder, and (y) that Grantor is an intended beneficiary of such writing. The immediately preceding sentence shall expire and be of no further force and effect at such time as none of the following owns any portion of the Subject Property: (i) Grantor, (ii) Grantor's affiliates, (iii) any successor to all or substantially all of the business of Grantor or its affiliates, and (iv) any direct or indirect subsidiary of Wienerberger AG. SECTION 4. Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when deposited in Federal Express (or any other reputable national "next day" delivery service) or in the United States mail via registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: GRANTOR: General Shale Brick, Inc. 3015 Bristol Highway Johnson City, Tennessee 37601 Attn: Real Estate Department Phone: (423) 282-4661 and a copy (which shall not constitute notice) to: John A. Flaherty, Esq. Dickstein Shapiro LLP One Stamford Plaza 263 Tresser Blvd Stamford, CT 06902 Phone: (203) 905-4527 GRANTEE: Green Meadows, LLC 12601 Plantside Drive Louisville, KY 40299 Phone: (502) 245-1353 PAGE 1372 0474 and a copy (which shall BK:01372 PG:0474 not constitute notice) to: Moore & Van Allen PLLC 100 N. Tryon Street, Suite 4700 Charlotte, North Carolina 28202-4003 Attention: Henry B. Ward, III Phone: (704) 33 1-1027 Either Party may, from time to time, by notice as herein provided, designate a different address to which notices shall be sent. Rejection or other refusal to accept or inability to deliver a notice required hereunder because of a changed address of which no notice was given shall be deemed to be receipt of the notice. Grantee and Grantor agree that the counsel for the Parties may deliver notice on behalf of the Parties. SECTION 7. General Provisions. (a) Applicable Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, without giving effect to its conflict of laws provisions. (b) Entire Agreement. This Agreement and the Contract contain the entire understanding and agreement by and between the Parties with respect to the Use Restriction, and all prior or contemporaneous oral or written agreements regarding the Use Restriction, except for the Contract, are merged herein. (c) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties, and their respective heirs, successors and assigns. (d) Severability. If any term or provision, or any portion thereof, of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. (e) Captions and Headings. The captions and headings throughout this Agreement are for convenience and reference only and the words set forth therein shall in no way be held to define or add to the interpretation, construction or meaning of any provision of this Agreement. (t) No Waiver. Failure of any Party to insist upon compliance of any provision of this Agreement shall not constitute a waiver of the rights of such Party to subsequently insist upon compliance with that provision or any other provision of this Agreement, nor in any way to affect the validity of all or any part of this Agreement. (g) Amendment. No amendment to this Agreement shall be effective unless made in a writing signed by the Parties, or their respective successors and assigns, and recorded on the Lee County Registry. [The remainder of this page is intentionally left blank; signatures begin on the following page.] PAGES 1372. • BK:01372 PG:0475 0475 IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Agreement as of the day and year first above written. GENERAL SHALE BRICK, INC., a Delaware corporation By: Kevin. Ham, Vice President State of Tennessee - County of Li& %r r a {y n I, the undersigned Notary Public of the County of and State aforesaid, certify that Kevin H. Ham personally came before me this day and ace nowledged that he is the Vice President of General Shale Brick, Inc., a Delaware corporation, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this L day of November, 2014. ,J.� My Commission Expires: 7-4mm5eCIZVA°12- Notary Public (o 'a9-o20/(0 Notary's Printed or Typed Name -:, CA TENNESSM y : NOTARY PUBLIC of this page is intentionally left blank; Grantee's signature is on the following page.] EASEMENT AGREEMENT PAGE 6 AND DECLARATION OF COVENANTS 1372 0476 BK:01372 PG:0476 of - County of GREEN MEADOW, LLC, a North Carolina limited liability company By: Charah, In ., its Memberner By: r/ J Print Name: Charles E. Price Title: President & CEO r v and State aforesaid, certify that I, the undersigned Notary Public of the County of a�1 4, Charles E. Price personally came before me this day allya&howledged that he is the President & CEO of Charah, Inc., the Member/Manager of Green Meadow, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrumentNovember, name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this�i_ day of My Commission Expires: -/�0// ? (Affix Seal) ;r rJ Notary's Printed or Typed Name PAGE 7 ��. Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting NCDENR National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCV USE ONLY Date Received Year Month Da I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S O N 10, 10, 1 012 O 8 5 4 11. Permit status prior to requested change. a. Permit issued to (company name): General Shale Brick, Inc. b. Person legally responsible for permit: Gregory Bowles First MI Last Director of Environment 'fide PO Box 3547 Permit Holder Mailing Address Johnson City TN 37602 City State Zip (423) 282-4661 ( ) Phone Fax c. Facility name (discharge): Colon Mine d. Facility address: 1604 Colon Road Address Sanford NC 27330 City State Zip e. Facility contact person: Warren Paschal (919) 774-6533 First / MI / Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility **No ownership change occurred** ❑ Name change of the facility or owner /folherplease explain: Name listed on Contacts Summary is incorrect b. Permit issued to (company name): General Shale Brick, Inc. c. Person legally responsible for permit: Gregory Bowles First MI Last Director of Environment o�d�D 'ripe PO Box 3547 ` g ZW4 2 Pennit Holder Mailing Address Nda� Johnson City TN 37602 n grtfoth City State Zip �letmrs (423 ) 282-4661 Phone F, nail Address d. Facility name (discharge): Colon Mine e. Facility address: 1604 Colon Road Address Sanford NC 27330 City State Zip f. Facility contact person: Warren Paschal First MI Iasi (919 )774-6533 x-221 Phone I -mail Address warreq p schal@Wqerieralshale.com IV. Permit from contact information (if different the person legally respons161e for the permit) Revised Jan 27, 2014 Y' NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact Steve Wyse First MI Last Environmental Engineer Title PO Box 3547 Mailing Address Johnson Citv TN 37602 City State Zip (423)952-4281 steve.wyse@generalshale.com I'hone 17-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? x❑ 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 required for an ovule e r ' I i o anon are not sufficient for an ownership change **No ownership change occurred ....................................................................................................................... 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. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned a incomplete A. 111^ </z- Signature Gregory Bowles Date APPLICANT CERTIFICATION 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if 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 ii o . lete. Signature Gregory Bowles Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27. 2014 0010 General Shale Building The American Dreams May 21, 2014 GENERAL SHALE BRICK, INC. P.O. Box 3547, Johnson City, TN 37602 Ph. (423) 282-4661 / FAX (423) 952-4160 www.generaishale.com NC Division of Energy, Mineral, and Land Resources Stormwater Permitting Program Permit Contact Updates 1612 Mail Service Center Raleigh, NC27699-1612 Subject: NPDES Permit Owner Name Correction NCG020854 As I was completing our Industrial Stormwater Renewal contact forms online, I noticed that the Owner Affiliation section was incorrect. Attached is the Permit Name/Ownership Change Form to correct our records. This change is not due to a change in ownership, we are simply trying to correct the record and facilitate the online stormwater permit renewal. All other updates were completed online. If you have questions about this material please call me at 423/952-4281. Thank you, A//////� Steve Wyse, PE Environmental Engineer ANG-AWA NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvada, III, Secretary November 21, 2013 Mr. Gregory Bowles General Shale, Inc. P. 0. Box 3547 Johnson City, TN 37602 Subject: General Permit No. NCG020000 Colon Mine COC NCG020854 Lee County Dear Mr. Bowles: In accordance with your application for a discharge permit received on October 3, 2013, 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). This certificate of coverage is not transferable. If the facility changes ownership or is closed, the Division of Energy Mineral & Land Resources may require modification, revocation or reissuance of the certificate of coverage. This permit does not affect the legal obligation to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or any other federal, state, or local authorities. If you have any questions concerning this permit, please contact Larry Wade PE at telephone number (919) 807-6375. Sin/ceerely, V� for Tracy E. Davis, P.E. cc: Raleigh Regional Office Central Files Stormwater Permitting Program Files 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733:2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hito:lloortal.ncdenr.org/web/ Aland-ouality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCGO20854 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, General Shale, Inc. is hereby authorized to discharge stormwater from a facility located at Colon Mine 1604 Colon Rd. Sanford Lee County to receiving waters designated as Roberts Creek, a class WS-IV water in the Cape Fear River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective November 21, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 21, 2013. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission LOCATION MAP: Latitude: 35932'05:3" N NCGO2O854 Facility Longitude:-79!09'35.3" W County: Lee General Shale, Inc. Location �— Stream Class: Ws-R? Colon Mine Receiving Stream: Ro.berts Creck �tL Sub -basin: 03-06-07 (Cape Fear River Basin) /d Not to Scale Wade, Larry From: Parnell, David Sent: Friday, November 08, 2013 10:15 AM To: Wade, Larry Subject: Stormwater Permits Larry It is permissible with RRO — DFMI.R — DLR —Stormwater, to go forward with approval of the following facility's permits: o N11G020855 R. M. Hayes Const —Stone Creek Sand and Gravel Mire o NCG140431- Morgan Corp Roxboro Pugmill • NCG020854 — General Shale, Colon Mine Thanks, Dave Parnell Environmental Senior Specialist North Carolina Department of Environment & Natural Resources Division of Energy, Minerals, and Land Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 0: (919) 791-4200 F: (919) 571-4718 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Wade, Larry ' From: Wade, Larry Sent: Thursday, October 17, 2013 11:23 AM To: Parnell, David Subject: NCG020854 General Shale - Colon Mine Attachments: General NOI.pdf Hello David, Find attached the NO1 for the subject facility. ! am sending you a map through courier. Please review these documents and let me know If you have any concerns, prior to issuing a permit for this facility. If I do not receive a response from you within 30 days from the date of this email, I will proceed with issuing the permit contingent upon central office review and approval. If you have any questions, or require additional information please let me know. Thanks, Larry W. Wade PE Telephone: (919) 807-6375 Fax: (919) 807-6494 Stormwater Permitting Program North Carolina Department of Environment & Natural Resources Division of Energy Mineral and Land Resources 1612 Mail Service Physical Address - 512 N. Salisbury St. Room 9425 Raleigh, NC 27699-1612 Raleigh, NC 27604 ************************This is a government E-mail address**************************** *********E-mails sent and received from this address can be disclosed to third parties************ '� Division of Water Quality /Surface Water Protection �r NCDENR National Pollutant Discharge Elimination System NC6 M«+m r.,.oux., ormr.ir.r or a+.,nox.eHr..o N.a,nw neswnm NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Date Received Year Month Do 13 16 Certificate of Coverage b 514 Check At I Amount 63314 100 Permit Assigned to National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) The following activities are also included: Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; Stormwater from vehicle maintenance activities at mining operations; Overflow from facilities that recycle process wastewater; and/or Mine dewatering (wastewater) The following activities are specifically excluded from coverage under this General Permit: Stormwater discharges associated with peat mining, coal mining, and metal mining; Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations; Stormwater discharges associated with oil and gas extraction operations; and Stormwater discharges associated with tourist gem mines NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations). Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this permit. Please print or tvpe all entries in this application form. 1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed): Legal Owner Name General Shale Inc. (Attach the most recent Annual Report to the NO Secretary of State showing the current legal name of the corporation or entity. Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the Division of Land Resources' Mining Permit.) Signee's flame (as signed for in permit signature at bottom) Gregory Bowles Street Address PO Box 3547 City Johnson City State TN ZIP Code 37602 Telephone No. 423 282-4661 Email greg.bowles(a)a)generalshale.com Alternate Contact Name Steve Wvse Email (if different) steve.wysen.generalshale.com Alternate Contact Telephone (if different) 423/952-4281 f 11 �(rJ j� f1CV7 OCT - 3 2013 Page 1 of 8 SW U-NCG02-NOI oi.' Last revised <3/5/2012 NCG020000 N.O.I. 2) Location of facility producing discharge: Facility Name Colon Mine Facility Street Address 1604 Colon Road Facility City Sanford State NC ZIP Code 27330 Facility County r eP _ Facility Contact Telephone No. Contact E-mail Warren Paschal 919 774-5306 Fax: war. en.paschal@generalhale.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection).Leaving Sanford, head north on Colon Road, turn right on Brickyard Road at former brick plant, go 4/10 mile to mine entrance on left. 4) Latitude 35d 32' 5. 3" Longitude 79d 9' 35.3 "(degrees, minutes, seconds) Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin: IN Existing Date began mining: 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 5 9 7) Provide a narrative description of the types of minerals mined at this facility 8) Is this mine an inactive mine site? ❑ No Shale N Yes If yes, do you posses an 'Inactive Renewal" from DEMLR and notified the DWO Regional Office or have you certified to the DWO that the site has been stabilized? ® No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Energy, Mineral and Land Resource: (DEMLR) [formerly DLR)? ❑ No El Yes If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number: 53-05 Please also provide a copy of your DEMLR Mining Permit with this DWO application. Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the DEMLR. 10) Does this facility have any other NPDES permits? N No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: Page 2 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.0.1. 11) Are you applying for a mining permit in the same location as a previously permitted mine? IN No ❑ Yes If yes, specify permit number and name if known: 12) Does this facility have any Non -Discharge permits (ex: recycle permits)? IS] No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 13) Does total area of this mine site include ready -mix and asphalt areas? d No ❑ Yes If yes, do they have D`A!O stormwater permits (if owned by the same company)? ❑ No (provide permit number ) If not owned by the same company, who is the owner? 14) Will this mining operation precede development activities at this site? ❑ Yes 0 No ❑ Yes 15) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? ® No ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan Water supply Watersheds? ® No ❑ Yes If yes, what size stream buffers are included or. site? ft. Please show buffers in site plans. If yes, please include information and plans showing diffuse flow through buffers as required. Discharge Points, Receiving Waters & Wetlands: 17) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Roberts Creek If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). Receiving water classification (if known): Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 18) If your facility has wastewater discharges and they are to HWQ and/or PNA waters (Primary Nursery Areas) waters, what is the proposed flow rate? (See http://www ncdmf.neUmags/FNA maps/index.html, for map) Page 3 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 19) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: t Mine dewatering: Process Wastewater Overflow: Offsite: Stormwater: — Mine dewatering: Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: Stormwater leaving the mine _ site vj3 a sediment basin. a) is your mine dewatering and discharging? (Answer only if you are dewatering) ® No ❑ Yes If yes, where to? _ Surface Waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Are you dewatering but not discharging? (Answer only if you are dewatering) ® No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: 20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? M No ❑ Yes Note: Wetlands must be CLEARLY DELINEATED on the site plan. Ivline dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping O&M plan may be required prior to coverage under this general permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No ❑ Yes If yes, what distance are they from the mine pit perimeter? 22) Have you been required to obtain a 404/401 Certification permits? ® No ❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: Page 4 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 23) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? M No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 24) Does this facility employ any best management practices for stormwater control? No IN Yes If yes, please briefly describe: Sediment and erosion control 25) Does this facility have a Stormwater Pollution Prevention Plan? IS No ❑ Yes If yes, when was it implemented? 26) Will vehicle maintenance activities occur at this facility? ® No ❑ Yes Wastewater Treatment Facilities: 27) Will mine dewatering discharges occur? ® No ❑ Yes 28) Will discharges of overflows from process wastewater treatment systems occur? ® No ❑ Yes If yes, a. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina: http://portal.ncdenr.org/web/wq/ws/su/npdessw b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? IN No ❑ Yes 30) Is your facility washing mined materials? ® No ❑ Yes If Yes, are you discharging this water? Page 5 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. Other: 31) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? S1 No ❑ Yes b) Is this facility a Smail Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ❑ No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? R7 No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored:_ Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text for secondary containment requirements. ❑ No LA Yes 33) Does your site have an active landfill within the mining permit boundary? ® No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: Final Checklist: This application will be returned as incomplete unless all of the following items have been included and initialed for. Please show that the following required information has been included by initialing in each space below. Fee of $100 made payable to NCDENR. -7 Completed application and all supporting documents. ✓ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status. Copy of a county map or other general location map that shows the mining site and nearest major roads. ✓ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated, and 100-year flood plain line if applicable. A copy of your DEMLR mining permit. A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above. -7 A line drawing of the water flow through the facility. A pictorial description of the nature and amount of any sources of water and any collection and treatment measures. — If mine site is in one of the 20 Coastal Counties: • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: Page 6 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may be required to provide an approved Pumping O&M plan priorto NCG02 issuance. _2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listing acrea a (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if slate sw programs apply), applicable buffers, and access and/or haul roads). __Pump dewatering size and information on its specifications. ____Well information (design, depths, maintenance). _Physical monitoring for the wetlands areas. _Settling pond sizing information, if applicable. _Level spreader design, if applicable. _Details about dewatering method. _Cone of influence calculations. _Description of measures to prevent erosion and flooding. _Description & information about 401/404 permits that have been obtained. _Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable). _I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: Date contacted: -OR- X I will not any impact nearby wetlands, surface waters or groundwater by dewatering. Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 33) Signatory Requirements (per 40 CFR 122.22) All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), it authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. Page 7 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.0.1. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. 1 certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, arid accurate. Printed Name of Person Signing: Gregory Bowles Title: 9/6 ' /c ?) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWO Regional Office for your area. DWO Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 8 of 8 SW U-NCG02-NOI Last revised 9/5/2012 SOSID: 1155934 Date Filed: 7/31/2012 3:40:00 PM Elaine F. Marshall North Carolina Secretary of State CD-470 r40) Business Corp®milon North Carolina Annual 2012 046 00762 11-22.10 Named Bu*wm Cempamlon: GENERAL SHALE INC. Fiscal Yaer EroftV. 2 134 � io State of Intwrtoratlort: DELAWARE Swatery of ate 0i Number. (�I IhM Mso W"rapwt in Ib silft het bWI&MBdar:0 DoLMdnacw MgUNMcd blow(nxAw by L--1 NCO6 O6-td$2) has not ekuoA 6rnlinuagl[ft . Naire,d Bu6otsass:BRICR 6suWACTURER Rad4wedApwtCT. CORP SYSTEM RegleteredOffice MdhgAditm%150 Fayetteville Street, Box 1011 county. Wake Ck' Raleigh-- Shas NC ZOcode:, 27601 F�o.,&wred omw sud Adasw 15�) Fayetteville Street, Box 1011 County. Wake Cyr Raleigh slste: NC apc(ide:27601 Signalm of New Reglafemd Agent (D�rgml taamaemROYllb GypOtlYrcQ Pdacipal Oilta Telsoona Number: ( 423) 262-4661 principal Office Ode kV Mdmm 3015 BRISTOL H109NAY CRY.: JOSN80E• CITY 8tals: TN ap Code97601 P^ %dW Of im SinistAddrom: SANE As ABOVE CRY. Ship: ap Code: hlbsna, Tbe, and Swiees Addma of Prk dyat OfHosm RTCH21Rf)REEN .r Tqt PRES DENT p .;r 1087 RTGHLAND FALLS COURT -nl, 'OHNSON CITY eem� TN za 37615 r:Plmner TAARE S. KINSHR _•s••-.—•.•�•_•�®s_-•:•.•,•�• ilar..(OR➢ORATE 93M3TAR'e "Rihnx: .912 1m ZTrotm DRIVE C; JOHHSON C17Y sift _TIC jlp; 37604 ------------------ TWX :us4onu 10/06/2011 15:00:11. v3.0-6 /D-12-!/ .,....... ,.�� Deb �s....� CORPORATE SECRETARY nn. Privncr Redaction General Shale Brick, Inc. Colon Mine Flow Schematic Precipitation Colon Mine Stormwater Basin 16 Outfall 16 Roberts Creek nt` D " p REMOVE DOCUMENT ALONG THIS PERFORATION nlc�va41 GENERAL SHALE '` _ (� QQ n�1 QQ NO. OOO403, i a _ A R Gib ���'� - � :+"- 1 PO BOX 3W v,' F JOHNS CITY, TN 37602 t Deutsche eane Trust CeinpanV Delaware`, Wilmmpton Delaware $ t S to_ _ 6236" Building The American Dream• 311 r ". 840335� O9G13i2O1 3 ,i h •TONE HUNDflED end 00/f00 USD USD) fy* µy1i00.00} tt v •' '> ,•t y` ! Checks over,10.000 require cuuntar,,signeture t { PAY NCDENR*' DIV OF.' W4TER' QUALITY TO THE 1617 MAIL SERVICE"CENTER ORDER RALEIGH' NC 27699 1617 1 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: Cherokee Sanford Group, LLC Colon Mine Lee County — Permit No. 53-05 for the operation of a Clay Mine.. 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: March 22, 2014 Page 2 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, 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 the 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 Whenever 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 November 4, 1988: This permit has been modified to change the company name from Sanford Brick and Tile Corporation to Cherokee Sanford Group. April 10, 1992: This permit has been modified to allow mining on 52 acres and on -site disposal of petroleum contaminated soils as per the Mine expansion Map Erosion and Sediment Control Plan dated November 18, 1991. July 21. 1992: This permit has been modified to allow crushed brick to be substituted for #57 washed stone on the upstream faces of all rock check dams. February 13, 1995: This permit modified to increase the permitted acreage to 1093.18 acres and the affected acreage to 340 acres as indicated on the mine modification maps, sheets 1-4 dated May 25, 1994 and sealed September 12, 1994. Page 3 August 2, 1996: This permit has been modified to change the corporate name from Cherokee Sanford Group, Inc. to Cherokee Sanford Group, LLC. October 24, 1997: This permit has been modified to revise the sediment and erosion control plan as indicated on the Site Layout Mine Map dated September 22, 1997 and supplemental information dated September 17, 1997 to more accurately reflect the field conditions, increase the maximum depth of the mine to 50 feet, allow the dewatering of the pit and allow two lake areas to be left at the time of final reclamation. September 22, 1999: This permit has been modified to add approximately 211.37 acres of mine area that increases the affected acreage from 340.6 acres to 551.97 acres. This modification includes expanding the mine area in three areas and the associated sediment and erosion control measures as indicated on the General Mine Information Map dated June 21, 1999 and the Mine Modification Details Map last revised September 10, 1999, including the supplemental information dated June 21, 1999 and August 25,:1.999. April 25, 2000: A partial release has been granted, reducing the permitted acreage at this site by 5.01 undisturbed acres to 1088.17 acres. Expiration Date This permit shall be effective from the date of its issuance until March 22, 2014. 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: 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 stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall be the permittee's responsibility to contact the Water Quality Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that maybe necessary shall be utilized to prevent dust from leaving the permitted area. Page 4 3. A. Sufficient buffer (minimum 50 foot undisturbed except as noted below in Operating Condition No. 3C) 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. B. Any mining activity affecting waters of the State, water 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. C. Mining activities shall be allowed within 15 feet of Roberts Creek as indicated on the mine maps, sheets 1 through 4, dated November 13, 2003 with the stipulation that mining activities be conducted in such a manner as to ensure that all runoff drains into the pit area. Immediately upon removal of material along the creek, a 100 foot buffer shall be established with hardwoods and shrubs: 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt 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. The upstream face of all check dams shall be lined with % inch to % inch crushed brick with minimal fines. C. Whenever possible, all drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. D. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion berms, shall be conducted as indicated on the mine maps, Sheets 1 through 4, dated November 13, 2003 with the following stipulation: immediately upon removal of the last mound of material along the creek, a 100 foot buffer shall be established with hardwoods and shrubs. E. Should the designed brick bat dams fail or stability problems develop in the structure itself or at its abutments, said dams shall be redesigned and reconstructed or replaced by other measures approved by the Department. 5. All affected acreage boundaries (551.97 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. 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 ground cover, devices or structures sufficient to restrain such erosion. Page 5 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. S. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 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 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; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 6 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. 12. 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. 13. 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. 14. 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. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 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 1. 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. Z 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 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 t9:Tstore portions of the mine excavations to lake areas and to grade and satisfactorily revegetate any other disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. B. C. D. E. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter slope. All remaining sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. Any settling ponds or sediment basins shall be backfilled and stabilized. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall. be disced, subsoiled or otherwise prepared before ......... .. revegetation. G. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11.A through D. H. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation; all disturbed land areas shall be revegetated as per the revegetation plan approved by T. Patrick Shillington, P.E. on June 16, 2004 or by the following specifications: Permanent Seed ino Saecifications Dates Species Rate, Lbs/Acre February 15—April 1 Kobe Lespedeza 10 50 Bahiagrass Redtop 1 Winter rye (grain) 15 April 1 —July 31 Common Bermuda 50 August 1 — October 25 Lespedeza (unscarified) 30 40 German millet October 25 — February 15 Rye (grain — temporary) 120 Page 9 Soil Amendments Lime- 2000 Ibs/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. 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. -f-?' 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 Sanford Brick and Tile Company October 3, 1972, renewed October 12, 1982, transferred to Cherokee Sanford Group, Inc. November 4, 1988, modified April 10, 1992 and July 21, 1992, renewed March 18, 1994, and modified February 13, 1995, August 2, 1996, October 24, 1997, and September 22, 1999, is hereby renewed this 22nd day of March, 2004 pursuant to GS 74-52. I -eJames D. Simons, Director lo-k-Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources