SW8080937_HISTORICAL FILE_20201019 (3)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 a $ 0 ol 3-i
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
© HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 0 2 0 l 01 q
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
5ecrerary
BRIAN WRENN
Director
October 19, 2020
NORTH CAROLINA
Environmental Quapty
Thomas Concrete of South Carolina, Inc., Lessee/Proposed Permittee
Attn: Jim Ryder, President
118 Pipemakers Circle, Suite 100
Savannah, GA 31322
FEWV
Benton Rentals, LLC, Current Property Owner
Attn: Keith A. Benton, President
P.O. Box 797
Conway, SC 29528
Subject: Permit Transfer
State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick)
Brunswick County
Dear Mr. Ryder and Mr. Benton
Effective August I, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this
updated permit now references DEMLR as the Division responsible for issuance of the permit
On August 5, 2009, the Governor signed Session Law 2009406. This law impacts any development approval
issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General
Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law
extends the effective period of any high density stormwater permit that was set to expire during this time frame up
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-
177, which granted an extra year for an extension of up to four (4) years. Therefore, this high density permit shall
now be in effect from the date of issuance until December 30, 2021.
On February It, 2020, the Wilmington Regional Office received a complete request to transfer the ownership of
the subject state stormwater management permit under the provisions of 15A NCAC 021-1.1045(1)(a).
Additionally, the proposed permittee selected the option in Section F of the application form indicating that they
agree to be the entity responsible for addressing any compliance issues. DEMLR staff has inspected the project,
reviewed the available documentation, and determined that the project is currently not in compliance with the
terms and conditions of the state stormwater permit. To bring this project into compliance with the Stormwater
Regulations and MDC, these deviations will be corrected within the proposed schedule of compliance as
documented in Attachment D. By signing the Name/Ownership Transfer form, providing a schedule of
compliance and Operation and Maintenance Agreement, you have accepted the responsibility for complying with
the terms and conditions outlined in this permit, including the correction of the deficiencies outlined in the
inspection report.
The Division is hereby notifying you that the subject permit has been transferred on October 19, 2020. A copy of
the transferred and updated permit and associated documents are enclosed. Please note that this transferred,
updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the
previous terms to provide you with a better understanding of your obligations under the permit and includes a
condition to bring this project into compliance.
This permit shall be effective from the date of issuance until December 30, 2021, which includes all available
extensions. The project shall be subject to the conditions and limitations as specified therein and does not
supersede any other agency permit that may be required. The designated permit holder, Thomas Concrete of
South Carolina, Inc. ("Lessee") shall be responsible for meeting the conditions and limitations specified therein.
As required for compliance, a copy of the lease agreement that outlines the responsibilities of the Lessee must be
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension 1 Wilmington. North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 080937
Page 2 of 2
kept with the permit and maintenance activity records. Failure to comply with these requirements will result in
future compliance problems. Please note that this permit is not transferable except after notice to and approval by
the Division.
Please be aware that it is the responsibility of the permit holder, the Lessee, to notify the Division of any changes
in ownership and request an ownership/name change for the stormwater permit. However, if the lease agreement
or contract between the Lessee and Benton Rentals, LLC ("Property Owner") is dissolved, cancelled or defaults,
and the Division is not notified by the Lessee to transfer the permit, then the responsibility for permit compliance
reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as
described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid
permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in
appropriate enforcement action in accordance with North Carolina General Statute § 143-215.6A through § 143-
215.6C being taken against the Property Owner.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and
is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Garrett 7orda in
the Wilmington Regional Office, at [phone] or [e-mail].
Siin%nc��e(�rr�ely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
Attachment D —Schedule of Compliance
copy of the Permit Transfer Application Form
copy of the signed and approved Operation & Maintenance Agreement
copy of the certifications
DES/ gdz: \\\Stormwater\Permits & Projects\20081080937 HD\2020 10 permit 080937
cc: Keith A. Benton, President, Benton Ready -Mix of Brunswick Inc.; previous permittee
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit No. SW8 080937
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Thomas Concrete of South Carolina, Inc.
Benton Rentals, LLC
197 Barnhill Road NW, Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater
management plans and specifications and other supporting data as attached and on file with and
approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and
considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until December 30, 2021, and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to
handle the runoff from 148,700 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and
per approved plans.
4. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
6. CORRECTIONS NEEDED and SCHEDULE OF COMPLAINCE. To bring this project into
compliance with the Stormwater Regulations and design criteria, these deviations will be
corrected within the proposed schedule of compliance as documented in Attachment D. The
schedule must be adhered to unless an extension or revised plan of action is submitted and
approved by the Division.
Page 1 of 5

State Stormwater Management Systems
Permit No. SW8 080937
The following design criteria have been provided in the wet detention pond and must be
maintained at design condition:
a.
Drainage Area, acres:
5.90
Onsite, ft2:
257,000
Offsite, ft2:
None
b.
Total Impervious Surfaces, ft2:
148,700
C.
Design Storm, inches:
1.5
d.
Pond Depth, feet:
7ft (4ft avg)
e.
TSS removal efficiency:
90
f.
Permanent Pool Elevation, FMSL:
41
g.
Permanent Pool Surface Area, ft2:
13,322
h.
Permitted Storage Volume, ft3:
19,236
i.
Temporary Storage Elevation, FMSL:
42.2
j.
Controlling Orifice:
2.5"0 pipe
k.
Permitted Forebay Volume, ft3:
8,965
I.
Fountain Horsepower, HP
1/6
M.
Receiving Stream/River Basin:
UT to Williams
n.
Stream Index Number:
15-25-2-9-3
o.
Classification of Water Body:
"C;Sw;HQW"
It. SCHEDULE OF COMPLIANCE
Branch / Lumber
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
The permittee shall at all time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch
basins and piping.
a. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. A copy of the lease agreement that outlines Thomas Concrete of South Carolina, Inc.,
operation and maintenance responsibilities for this stormwater system must be kept with the
permit and maintenance activities records.
Decorative spray fountains will be allowed in the stormwater treatment system, subject
to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
The maximum horsepower for a fountain in this pond is 1/6 horsepower.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 080937
7. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
9. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
10. Access to the stormwater facilities shall be maintained via appropriate easements at all times.
11. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved
plans and specifications.
g. Other modifications as determined by the Director.
12. A copy of the approved plans and specifications shall be maintained on file by the Permittee
for a minimum of ten years from the date of the completion of construction.
13. It is the responsibility of the permit holder, Thomas Concrete of South Carolina, Inc.
("Lessee'), to notify the Division of any changes in ownership and request an ownership/name
change for the stormwater permit. However, if the lease agreement or contract between the
Lessee and Benton Rentals, LLC ("Property Owner") is dissolved, cancelled or defaults, and
the Division is not notified by the Lessee to transfer the permit, then the responsibility for
permit compliance reverts to the Property Owner. A complete transfer request must be
submitted to the Division within 30 days as described below otherwise the Property Owner will
be operating a stormwater treatment facility without a valid permit which is a violation of NC
General Statue 143-215.1. Failure to transfer the permit may result in appropriate
enforcement action in accordance with North Carolina General Statute §143-215.6A through
§143-215.6C being taken against the Property Owner.
14, The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 080937
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the event
of a change of ownership, or a name change, the permittee must submit a formal permit
transfer request to the Division, accompanied by a completed name/ownership change form,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request. This permit is not transferable to any
person or entity except after notice to and approval by the Director. The permittee shall submit
a completed and signed "Permit Transfer Application Form" (available on the Division website)
accompanied by the required fee and supporting documentation as listed on the form, to the
Division at least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the transfer request. Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the
stormwater permit.
Any individual or entity found to be in noncompliance with the provisions of this stormwater
management permit or the requirements of the Stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
4. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement stormwater
management systems.
6. The permittee grants DEQ Staff permission to enter the property during normal business hours
for the purpose of inspecting all components of the permitted stormwater management facility.
7. The permit issued shall continue in force and effect until the permittee files a request with the
Division form a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must
follow the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
10. The permittee shall submit a completed "Permit Information Update Application Form"
(available on the Division website) to the Division within 30 days to making any one or more of
the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 080937
11. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit. The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Permit transferred, updated and reissued this the 19'" day of October, 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5

State Stormwater Management Systems
Permit No. SW8 080937
Attachment C - Permitting History
Benton Rentals, LLC (formerly Benton Ready -Mix of Brunswick)
Permit No. SW8 080937
Approval
Date
Permit
Action
131MS
Version
Description of the Changes
Original
The original issuance approved the construction of
10/13/2020
Approval
1.0
148,700 square feet of built -upon area (BUA)
draining to one wet detention pond.
This issuance transfers the permit from Benton
10/19/2020
Transfer
1.1
Ready Mix of Brunswick, Inc to Thomas Concrete
of South Carolina, Inc. (leassee) with Benton
Rentals, LLC as the property owner.
Page 1 of 1

State Stormwater Management Systems
Permit No. SW8 080937
Attachment D
Schedule of Compliance
Benton Ready -Mix of Brunswick, Inc., Thomas Concrete of South Carolina, Inc. has applied for a State
Stormwater Permit Transfer for SW8 080937 for Benton Rentals, LLC (formerly Benton Ready Mix of
Brunswick. The compliance inspection by the Division of Energy, Mineral, and Land Resources
(DEMLR) on December 10, 2019 identified that the following non -compliant items. The incoming
permittee, Thomas Concrete of South Carolina, Inc., has agreed to be the entity responsible for
resolving these items to bring the project into compliance by checking the box in Section F of the
Transfer Application. Thomas Concrete of South Carolina, Inc. has indicated that the following items
will be resolved by September 12, 2020:
I. The concrete reclaim area is not located according to the approved plans.
2. The swales on the east and west side of the property are not constructed according to the
approved plans.
On October 6, 2020 DEMLR received a letter from Thomas Concrete of South Carolina, Inc.
indicating that the work needed to resolve the above items had been completed. The confirmation of
the completion of this work is pending DEMLR inspection.
Page 1 of 1

NC DEQ Division of Energy, Mineral and Land Resources S07v � 9 V F t
STATE STORMWATER: FEB 1 1 r/"-J
PERMIT TRANSFER APPLICATION FORM q
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, wtmich can be determined by locating
the project on the interactive online map at: httt)'//d n nr. nnv/rnntacUreoional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed
pennittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed peanittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the L LC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a -a above, as
applicable.
A. GENERAL INFORMATION 'c a q
1. State Stormwater Permit Number. L W S O oo " -7
2. Project name: M Pgrn t N '%I
Is this an updated project name from the current permit?
3. Reason or the permittransfe request:
� 16 ssee, inw\(kr
❑ No
a sot-,jk CQvolinq r 27nc.
LLC
Stormwater PerrnitTransferAppllcaton Fonm Page 1 of 7 Apn127, 2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select oniv one response below)
LYJ1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G S 143-214 7(c2) (see also SL 2011-256), this type of transfer is allowed only
when ail of tho following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association orowners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarent (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stornwater permit.
NOTE: If subdivision was built priorto 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant forthe
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLRwith this form.
❑ 3. Only the proposed permittee (skip Part D below).
in accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring orwill occur,
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved ,
❑ A person who has'been lawfully and finally divested of title to the property on which the
permitted activity is occuning or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permitteeagrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terns and conditions of the permit once the
permit has been transferred.
FES 1 1 2020
StonnwaterPerrnitTransferApplicat(onForm Page 2of7 ApH127,2018

C. SUBMITTAL REQUIREMENTS
Please mark 'Y" to confirm the items are included with this form. Please mark 'X" if previously provided. If not
Tle or not available, please mark WA.:
1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.31D(e)(2).
2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required.items.
_ 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
Y business in North Carolina.
4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
1 f14 agoolicable O&M agreement(s) from the or000sed oemtittee, as required by the permit.
Irk 5. Legal documentation that the property has transferred to the proposed permittee (such as a
I recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
N4 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area orthe maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submitfinal recorded deed restrictions and protective
covenants. .
N / T B. If transfering under G. S. 143-214.7(c2l (I. a., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number; lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N�A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation ordocumentation supporting the
�) current permittee was lawfully and finally divested of title of the property.
�1[ 10. A copy of the lease agreement if the proposed permittee is the lessee.
i� 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N 12. A copy of the development agreement if the proposed permittee is the developer.
FED 1 1 2020 �
BY.•�
Storm water Perm ltTransferApplication Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: Benton Ready Mix of Brunswick Inc.
2. Signing Official's Name: Keith A. Benton
3. Signing Official's Title: President/Owner
4. Mailing Address: P.O. Box 797
City: Conway State: SC ZIP: 29528
5. Street Address: 307 Highway 544
City: Conway State: SC ZIP: 29526
6. Phone: [phone] Email: kbenton(@bentonconcrete.com
I, Keith A. Benton , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
® a copy of the most recent inspection report;
further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above ar not included, this requ t package will be returned as incomplete I assign all rights and
obligations s ermittee to the ropos d p rmittee named below. I understand that this request to transfer the
permit may t pro d the D M unless and until the facility is in compliance with a permit.
Signature: Date:
I, r, 60 /J7
J—s- , a Notary Public for the State of
IIIIII .v>5 kA l County of ✓ _, do hereby certify
that V�i . personally appeared before me
thish�a"`��� (�i �� day of _ 20, and acknowledge the due
exd�tRi)ni;tha;forAEi&i instrument. Witness A hand and official seal,
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My commission expires /O o
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

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E. PROPOSED PERMITTEE INFORMATION
1. The proposed perrnittee is the:
❑ Property owner (Also complete Part F.)
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Pro osed permittee name (check one of the following an provide the name)-
Corporation, LLC, Partnership, Municipality name: I tJm0,S
❑ HOA I POA I UOA name: /
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email. —.r.
a. Signing Official's Name:
b. Signing Official's Title:
c. Mailing Address
City: 41
d. Street Address:
City:
asoo
M
e. Phone: (� �Q Q I" 3 3 e3O Email: �!
ZIP;
lv;sio�
N
4. If there Is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name:
Title:
c. Mailing Address:
d. City: State: ZIP:
e. Phone: (_) Email:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I,
T I M P_ 'l,jam hereby notify the DEMLR that I have acquired through sale, lease,
development agreeme , or other legal transfer, the project/property covered by the stortnwater management
permit and/or the responsibility for constructing and/or operating and maintaining the Par! that apply) itted water
managements stem. I acknowledge and attest that I have received a copy
LY the most recent permit;
❑ the designees certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous pernittee (where required);
Wa copy of the most recent inspection report;
[� Check here if the proposed pemrittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permiftee must provide a
written document statement, with a 'plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written }plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that 1 will
comply with the terms and conditions of the permit. (will construct the project's built -upon area as shown on the
approved plans; and maintain the approved stormwater management system
pursuant to the r irements listed in thein the p I will {construct}, operate and in the operation and maintenance agreement.
erm.it and
Date: 2SI�i7
I�h aA)V , a Notary Public forthe State of �E�rg�
do hereby certify that ., I E` d-p r
County of
da of 20� and
personally appeared be ore me this the Y
acknowledge the due execution of the forgoing instrument. Witness my hand a official seal,
(Notary Seal)
Notary Signature R
My commission expires I 1 1 i �0��
tm *et RKIV 90J*a uolssNlrmllil
elfLoao po elelg
Iqunoo weg6uiga t ..
onand AMOK
IIlJM NONNY4 .
SHANNON CLARK
_ NOTARY PUBLIC
M Effingham County
State of Georgia
My Commission Expires April 18, 2023
FEB 1 1 2020
Stortnwater PertnitTrensferAppllcatlon Forth`
Page 6 of 7 ADriI 27, 201 B

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Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization: Benton Rentals LLC
Signing Official's Printed Name: Keith A. Benton
Signing Official's Title: President / Owner
Mailing Address: P.O. Box 797
City: Conway State: SC ZIP: 29528
Phone: [phone] Email: kbenton(aDbentonconcrete.com
I, Keith A. Benton , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purc se, lease or dev opera ement/contract is cancelled or defaults. I
understand that any individual or entit found to be in no ompli nce Rh the provisions of the stormwater
management permit or the stormW�r, bct enfor em t action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner — L
`A Les i alN�otta�ry Public for the State of
C2jK& � nhCounty of /TU �� do hereby certify that
1
1
1
1
4_ rac �,Jzvf �.W. personally appeared before me this the day of
LES //,i
%: 20—y , and acknowledge the due execution of the forgoing instrument. Witness
( lotary S500%
��iipr/r80UTH1„"p��
Notary Signature
My commission expires l �v140 • t
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018

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Thoma
CONCRETE
October 6, 2020
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
Attn. Mr Garrett Zorda, Environmental Engineer
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick)
Brunswick County
Dear Mr. Zorda .
The majority of the returned concrete that was accumulated near the 50-foot landscape buffer
on the Southwestern corner of the site has been removed from the site. The 50-foot landscape
buffer is in -place
Stormwater has been re -directed to the stormwater Inlets & wet pond via roadway maintenance
and/or placing shoulder berms on the roadway near the Southwestern portion of the site.
We look forward to completing the Permit Transfer Application for State Stormwater
Management Permit No. SW8 080937.
If any additional information is required, please feel free to contact me at [phone] or e-
mail me at dennis dzvonik(cDthomasconcrete com
Sincerely,
&Am�
Dennis Dzvonik
Sr. Safety & Industrial Hygiene Manager
cc: via e-mail only: lim ryder(Wthomasconcrete.com
---�—� via e-mail only [e-mail]
Thomas Concrete or South Carolina, IrA, shallotte Con le Mani, 197 BamMll Road NW. Supply, NC 28462
Tel 91 P754.8M

August 7, 2020
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
Attn: Mr. Garrett Zorda, Environmental Engineer
127 Cardinal Drive Extension
Wilmington, NC 28405
RECEIVED
rryyp �1�
Thom �®
CONCRETE
AUG 10 2020
NCDEQ
WILMINGTON RO
Subject: Response to Request for Additional Information
State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of
Brunswick)
Brunswick County
Dear Mr. Zorda :
Please accept the following re -submitted information that has been requested to complete the
Permit Transfer Application for State Stormwater Management Permit No. SW8 080937. The
following information is attached in a single, hard copy submittal package as follows:
1. Benton Rentals LLC is re-established as an active corporation in good standing with the
NC Secretary of State (NC SoS). Please see attached 3-pages as documentation.
2. (a) A 3r°-party is onsite and expected to complete accumulated concrete and material to
maintain the 50-foot landscape buffer by August 22. The swales and stormwater
direction to the stormwater inlets & wet pond are planned to be completed by September
12.
If you have any questions concerning this matter, please feel free to contact me at (678) 713-
0300 or e-mail me at dennis.dzvonikathomasconcrete.com.
Sin rely,
`
Dennis Dzvonik
Sr. Safety & Industrial Hygiene Manager
Attachments (3)
cc: via e-mail only: iim.ryder(a1thomasconcrete.com
via e-mail only [e-mail]
Thomas Concrete of South Carolina, Inc., Shallotte Concrete Plant, 197 Barnhill Road NW, Supply, NC 28462
Tel [phone]

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• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
Benton Rentals LLC
Information
Sosid: 1064961
Status: Current -Active O
Date Formed: 9/26/2008
Citizenship: Foreign
State of Incorporation: SC
Annual Report Due Date: April 15th
Currentgnnual Report Status:
Registered Agent: Benton, Keith A., Sr.
Addresses
Reg Office
197 Barnhill Road
Shallotte, NC 28470
Reg Mailing
197 Barnhill Road
Shallotte, NC 28470
Company Officials
Principal Office
307 Highway 544
Conway, SC 29526
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Keith A. Benton , Sr
PO Box 797
Conway SC 29528
Mailing
P 0 Box 797
Conway, SC 29528

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NORTH CAROLINA
Department of'the Secretary of State
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
APPLICATION FOR CERTIFICATE OF AUTHORITY
OF
BENTON RENTALS LLC
the original of which was 'filed in this office on the 4th day of August, 2020.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal at the City of
Raleigh, this 4th day of August, 2020.
Scan to verify online.
Certification# C202021701082-1 Reference# C202021701082-1 Page: 1 of Secretary of State
Verify this certificate online at https://www.sosnc.gov/verification

Office of Secretary of State lark Hammond
Certificate of Exista nce
1, Mark Hammond, Socretary of State of South Carolina Hereby Certify that:
BENTON RENTALS LLC, a limited liability company duly organized under the laws of
the State of South Carolina on August 91h, 2002, with a duration that is until
December 31st, 2052, has as of this date filed all reports due this office, paid all fees,
taxes and penalties oared to the State, that the Secretary of State has not mailed
notice to the company that It is subject to being dissolved by administrative action
pursuant to S.C. Code Ann. 3344-809, and that the company has not filed articles of
termination as of the date hereof.
Given under my Hand.and the Great Seal
of the State of South Carolina this 4th day
of August, 2020. .
fr { :'..... >t 11
Certification# C2020217010824 Reference# C202021701082- Page:3 of

ROY COOPER
ca.ertor
MICHAEL S. RECAN
sel�
BRIAN WRENN
OYreitor
July 23, 2020
NORTHCAROUNA
FsQuality
Via email only: keithWsccoast.net
Benton Ready -Mix of Brunswick, Inc., current permittee
Attn: Keith A. Benton, Sr., President
P.O. Box 797
Conway, SC 29528
and
Via email only: iim.ryder(a)thomaseonerete.com
Thomas Concrete of South Carolina, Inc., proposed permittee/lessee
Attn: Jim Ryder, Vice President
118 Pipemakers Circle, Suite 100
Savannah, GA 31322
and
Via email only: kdenton(&,bentoneonerete.com
Benton Rentals, LLC, current property owner
Attn: Keith A. Benton, President
P.O. Box 797
Conway, SC 29528
Subject: Request for Additional Information
State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick)
Brunswick County
Dear Mr. Benton and Mr. Ryder:
Effective August 1, 2013, the State Stormwater program was transferred from the (now former) Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to
DWQ will remain in older stormwater permits issued prior to August I, 2013 until they are modified. Please note
that this letter references DEMLR as the Division responsible for issuance of the permit.
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received and
accepted a signed Permit Transfer Application Form for the subject project on February 11, 2020 with additional
information requested on April 2, 2020 and received on May 8, 2020. The current and proposed permittees have
requested to transfer the permit in accordance with 15A NCAC 02H.1045(1)(a). A preliminary in-depth review of
the documentation submitted with the transfer request determined that the application is incomplete and that
additional information is needed.
Since the transfer was submitted under NCAC 02H.1045(1)(a) and the proposed permittee selected the option in
Section F of the application form where they agree to be the entity responsible for addressing any compliance
issues. To continue the review and processing of this transfer request, please provide the following documentation
in a single, hard copy submittal package to complete the application and demonstrate compliance with the
permit:
Ia.,��t�a0EQwadnglon itegia,�xnce r mea8aDrive E,enYon IWb**=�rrncm.osQ

State Stormwater Permit No. SW8 080937
Page 2 of 2
15A NCAC 02H.1045(2)(b):
a. 4/2/2020 DEMLR: Documentation supporting that the proposed permittee is an active
corporation in good standing with the NC Secretary of State (NC SoS) was provided, however,
documentation supporting that the current property owner is an active corporation in good
standing with the NC SoS was not provided. Please provide documentation supporting that
Benton Rentals, LLC is an active corporation in good standing with the NC Secretary of State.
b. 5/8/2020 Response: Keith A. Benton, President/Owner of Benton Rentals, LLC, maintains that his
business is appropriate (No Attachment).
c. 7/23/2020 DEMLR: The NC SoS database indicates that Benton Rentals, LLC has a Revoked
status. Please provide documentation showing the corporation or LLC is an active corporation in
good standing with the NC Secretary of State.
On December 10, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project to determine the status of compliance with this permit,
last issued on October 13, 2008. DEMLR site inspection revealed that the site is not in compliance with
the terms and conditions of this permit. On December 1], 2019, a Notice of Deficiency was sent to the
permittee. On February 11, 2020, a response to the December 11, 2019 Notice of Deficiency was
received. This response included a schedule of compliance for resolving the deficiencies noted in the
Notice of Deficiency. The deadline in the February 11, 2019 response indicated that the deficiencies
would be resolved by June I, 2020. Since that date has passed, please provide either:
a. An updated schedule of compliance, including a list of the actions being taken to resolve the
deficiencies noted in the December 11, 2019 Notice of Deficiency and a timeline for completing
those actions; or
b. Documentation supporting that the actions to resolve the deficiencies noted in the December 11,
2019 Notice of Deficiency have been completed.
All of the requested information listed above should be received in this Office by August 7, 2020, or the
application will be returned as incomplete. Please note that only two letters requesting additional information is
allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information.
The Division is allowed 90 days from the receipt of a complete application to transfer the permit. If the
information is not satisfactorily provided after either the second request or 30 days, the project will be returned.
If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time,
including the application fee.
Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the
project, it is determined that a major modification to the permit is required to resolve the compliance issues, the
transfer application will be returned as incomplete. Upon the issuance of the modified permit, and the successful
completion of any work required by the modified permit and/or the restoration of the site to design condition, the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
Please remember that the permittee is responsible for complying with the terms and conditions of the permit and
the approved plans and specifications until the Division approves the transfer request.
Please reference the State assigned permit number on all correspondence. If you have any questions concerning
this matter, please feel free to call me at [phone] or email me at [e-mail].
Sincerely,
57 V
Garrett Zorda
Environmental Engineer
DES/gdz: G:\\\Stormwater\Permits & Projects\2008 \080937 HD \2020 07 addinfo 080937
cc: Wilmington Regional Office Stormwater Permit File

' Zorda, Garrett D
From: Zorda, Garrett D
Sent: Thursday, July 23, 2020 1:33 PM
To: [e-mail];[e-mail]; [e-mail]
Subject: Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick)(SW8 080937) - Request
for Additional Information
Attachments: 2020 07 addinfo 080937.pdf
All,
Attached is a pdf of the request for additional information for the subject project. There are just a couple items that
need to be addressed. Please let me know if you have any questions or concerns.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct "Please note the change to my direct phone number"
aarrett.zordana ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
D_EQ�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

May 7, 2020
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
Attn: Mr. Garrett Zorda, Environmental Engineer
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Response to Request for Additional Information
State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of
Brunswick)
Brunswick County
Dear Mr. Zorda :
Thomas
CONCRETE
ECEIVE
MAY 0 8 1010
Thank you for the additional time and extension until May 11. Please accept the
following re -submitted information that has been requested to complete the Permit
Transfer Application for State Stormwater Management Permit No. SW8 080937. The
following information is attached in a single, hard copy submittal package as follows :
1. Section D, Stormwater Permit Transfer Application Form, Page 4 of 7, for Benton
Ready Mix of Brunswick, Inc.
2. Section E, Stormwater Permit Transfer Application Form, Page 5 of 7, for Thomas
Concrete of South Carolina, Inc. Section G, Stormwater Permit Transfer
Application Form, Page 7 of 7, for Benton Rentals, LLC is also attached.
3. (a) Keith A. Benton, President / Owner of Benton Rentals, LLC, maintains that his
business is appropriate (No Attachment).
(b) Letter of Authorization for Mr. Jim Ryder, Vice -President General Manager,
from Mr. Alan Wessel, President of Thomas Concrete.
4. (a) Keith A. Benton, President / Owner of Benton Rentals, LLC maintains that
Benton Rentals is the property owner of Brunswick County Parcel #18200092.
Attached is documentation from the Brunswick County Web Site (1-Page).
(b) The correct lease agreement between Benton Rentals and Thomas Concrete
of South Carolina, Inc. is provided (10-Pages).
Thomas Concrete, 2500 Cumberland Parkway, Ste 200, Atlanta, GA 30339
Tel [phone] [e-mail] I lhomasconcrete.com
1

E

If you have any questions concerning this matter, please feel free to contact me at (678)
713-0300 or e-mail me at dennis.dzvonikOthomasconcrete.com.
Sin erely,
Dennis Dzvonik
Sr. Safety & Industrial Hygiene Manager
Attachments (15)
Thomas Concrete, 2500 Cumberland Parkway, Ste 200, Atlanta, GA 30339
Tel [phone] [e-mail] I thomasconcrete.com 2

ROY COOPER
MICHAEL S. REGAN
secreaay
BRIAN WRENN
April 2, 2020
NORTH CAROUNA
Via email only: keitloWsccoast.net
Benton Ready -Mix of Brunswick, Inc., current permittee
Attn: Keith A. Benton, Sr., President
P.O. Box 797
Conway, SC 29528
and
Via email only: iim.rydeialhomaseoncrete.eom
Thomas Concrete of South Carolina, Inc., proposed permittee/leasee
Attn: Jim Ryder, Vice President
118 Pipemakers Circle, Suite 100
Savannah, GA 31322
and
Via email only: kbenton(abenlonconcrete.com
Benton Rentals, LLC, current property owner
Attn: Keith A. Benton, President
P.O. Box 797
Conway, SC 29528
Subject: Request for Additional Information
State Stormwater Management Permit No. SW8 080937
Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick)
Brunswick County
Dear Mr Benton and Mr. Ryder
Effective August I, 2013, the State Stormwater program was transferred from the (now former) Division
of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All
previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until
they are modified. Please note that this letter references DEMLR as the Division responsible for issuance
of the permit.
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR)
received and accepted a signed Permit Transfer Application Form for the subject project on February 11,
2020. The current and proposed permittees have requested to transfer the permit in accordance with 15A
NCAC 02H.1045(I )(a). A preliminary in-depth review of the documentation submitted with the transfer
request determined that the application is incomplete and that additional information is needed.
Since the transfer was submitted under NCAC 021-1.1045(l)(a) and the proposed permittee selected the
option in Section F of the application form where they agree to be the entity responsible for addressing
any compliance issues. A plan of action and schedule for addressing the compliance issued noted in the
December 11, 2019 Notice of Deficiency letter has been submitted by the proposed permittee as part of
this transfer package. To continue the review and processing of this transfer request, please provide the
following documentation in a single, hard copy submittal package to complete the application and
demo strate compliance with the permit:
15A NCAC 02H.1045(2)(a)(iii): The current permittee is listed in Section D of the submitted
application as Benton Rentals, LLC. The current permittee, however, is Benton Ready Mix of
/ Brunswick, Inc. Please update Section D of the application to reflect the correct current permittee.
15A NCAC 02H.1045(a)(iv): The address listed for Thomas Concrete of South Carolina, Inc. in
Section E.3 of the submitted application is not consistent with the mailing address listed with the
NC Secretary of State. Please confirm the address listed in Section E.3 of the application is
consistent.with the corporate addresses on file with the NC Secretary of State. Section EA of the
application is intended for other related addresses and contact information.
E North cmeam t» of I nMdm crate. Mkwrad and tarf ttesoems
vemotrgtm Reomg WIDe 1 ¢7 Cmd ridome F.rnmee, I %North CWOMe 2540
e� 9at%7ZI=

State Stormwater Permit No. SW8 080937
Page 2 of 2
3. 15A NCAC 02H.1045(2)(b):
a Documentation supporting that the proposed permittee is an active corporation in good
standing with the NC Secretary of State (NC SoS) was provided, however,
documentation supporting that the current property owner is an active corporation in
good standing with the NC SoS was not provided. Please provide documentation
supporting that Benton Rentals, LLC is an active corporation in good standing with the
NC Secretary of State.
The signing official for Thomas Concrete of South Carolina, Inc., Jim Ryder, is not listed
with the NC Secretary of State. Please provide documentation provided from the
Secretary of State, official documentation showing the titles and positions held by the
signing official must be provided. In the case of a corporation, the application must be
signed by a principal executive officer of at least the level of vice-president. The
signature by other agents shall be accepted on the application only if accompanied by a
letter of authorization signed by the appropriate authority.
4. 15A NCAC 02H.1045(2)(c):
e/ Please provide a copy of the deed showing the transfer of property from Benton Ready
Mix of Brunswick, Inc. to the current property owner, Benton Rentals, LLC.
b./I'he submitted lease agreement between Benton Rentals and Thomas Concrete of South
Carolina, Inc. appears to be for a different property located at 3442 Mount Pisgah
Cemetery Church Road, Conway, SC and not for the subject property. Please provide a
copy of the lease agreement, affidavit, or other document showing the applicant has
obtained legal rights to apply for a stormwater application for the proposed project area.
All of the requested information listed above should be received in this Office by April 17, 2020, or the
application will be returned as incomplete. If additional time is needed to submit the requested
information, please email your extension request prior to this due date to the email address provided
below with ajustification and a date of when the requested information will be submitted, which shall be
no later than 15 days past the original due date. Please note that only two letters requesting additional
information is allowed in the State Stormwater Program for a total of 30 days to submit the requested
additional information. The Division is allowed 90 days from the receipt of a complete application to
transfer the permit. I(the information is not satisfactorily provided after either the second request or 30
days, the project will be returned If the project is returned and you wish to re -submit later, you will need
to resubmit all required items at that time, including the application fee.
Please note that if, upon review of the submitted information or upon a deficient compliance inspection of
the project, it is determined that a major modification to the permit is required to resolve the compliance
issues, the transfer application will be returned as incomplete. Upon the issuance of the modified permit,
and the successful completion of any work required by the modified permit and/or the restoration of the
site to design condition, the applicant will need to submit an updated transfer application and a new fee to
the Division to start the transfer process over again.
Please remember that the permittee is responsible for complying with the terms and conditions of the
permit and the approved plans and specifications until the Division approves the transfer request.
Please reference the State assigned permit number on all correspondence. If you have any questions
concerning this matter, please feel free to call me at [phone] or email me at
garreit.zorda a ncdenr.gov.
Sincerely,
Garrett Zorda
Environmental Engineer
DES/gdz: G:\\\Stormwater\Permits & Projects\2008\080937 HD\2020 04 addinfo 080937
cc: Wilmington Regional Office Stormwater Permit File

i Zorda, Garrett D
From: Zorda, Garrett D
Sent: Thursday, April 2, 2020 12:08 PM
To: [e-mail]; [e-mail]; [e-mail]
Subject: Benton Rentals, LLC (formerly Benton Ready Mix of Brunswick) (SW8 080937) - Request
for Additional Information
Attachments: 2020 04 addinfo 080937.pdf
0
Attached is a pdf of the request for additional information for the subject project. There are just a few items that need
to be addressed. Please let me know if you have any questions or concerns.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7345 direct
g a rre tt. zo r d a (a) n cd e n r.g o v
127 Cardinal Drive Ext.
Wilmington, NC 28405
[%
T
!% Nothing Compares �.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

11
Burd, Tina J
From: Burd, Tina J
Sent: Tuesday, February 11, 2020 2:26 PM
To: [e-mail]; [e-mail]
Subject: SW8 080937 - Benton Rentals LLC
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on February 11, 2020. The project
has been assigned to Garrett Zorda and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, INC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Transfer Application Completeness Review Checklist - Short Version
Project Name: k�erJTot� R-ZA-bl -10tK of Date Delivered to WIRO: z // `o�n
Permit #: S LC a GRog;-' RIMS Received/Accepted Date: / / oz-
Project County/Location: _ `82a1 fJSu01 C-v:-/ L S 17 &4A�-t_OTTE BI MS Acknowledged Date I:
Permit Expriation Date: / LI 3o /z,o y/
Proposed Permittee Type & Documents Needed:
nProperty Owner(s) Purchaser ®Lessee
Viable? Viable? ❑Viable?
Deed ED Purchase Agmt ®Lease
M Not Subdivided! Deed
Subdivision: Common Area Deed
Current Permittee Signed Application?
Y / N
If not, Dissolved/ No Longer Owns
Y / N
Property/Not Living
Proposed Permittee Signed Application?
Y / N
Paperwork
Application
®Fee:
M$505 (within 6mo) Check#(s):
(o D/ ZO IP5
Deed Restrictions, if subdivided:
MPt am.T76e
Ft Certification
Project Narrative Czy" 1e-40--%
I�J Easements, Recorded (2017 Rules)
®O&M on File (unless new one from HOA)
Electronic Copies
NOTES:
IEnter RIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: L�lU-UT-T
If w/in 6 mo, stop - needs renewal UNLESS only
new permittee is submitting
F-1HOA Developer
Viable? Viable?
Election Minutes
F-150% Sold List (only if HOA doesn't sign)
Common Area Deed in HOA's Name
Deed Restrictions Recorded
F-1PE Certification
F-1BUA/Lot Summary
DO&M (If HOA Signed Application)
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 20200131
�-jI.(E215srJcS uJBetan�LAMgE�s
17J5pEc taa POP-T ,YIA`( PLCCG017ATC
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UeJ7iC SJn1G To MA-rZ!Pf COPNC-, T' pt-A�.

1 comas
CONCRETE
February 7, 2020
j`; FEB 1 1 2020
BY:
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
Attn: Mr. Danny Smith, Director
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NOD 2019-PC-0254
Benton Ready Mix of Brunswick
Stormwater Permit No. SW8 080937
Brunswick County
Dear Mr. Smith :
We received a copy of the above referenced Notice of Deficiency (NOD) from the North
Carolina Department of Environmental Quality following an inspection of the Shallotte
plant by Brian Lambe of the Wilmington Regional Office dated December 10, 2019.
During the inspection, Mr. Lambe noted three apparent violations with Stormwater
Management Permit Number SW8 080937 issued on October 13, 2008. Each of the
findings and request for response as listed in the NOD is addressed herein this response
letter separately, with the initiated or planned corrective action following each finding.
1. Concrete reclaim area is not defined in the stormwater permit documents. The
concrete reclaim built upon area (BUA) and drainage area is not according to the
approved plans.
Response:
Thomas Concrete of South Carolina, Inc. is completing a Permit Transfer Application Form
with Benton Rentals LLC and plans to submit to NCDEMLR by February 17. Wherein
Thomas Concrete of South Carolina, Inc. has agreed as a proposed permittee to be the
entity responsible for addressing any compliance issues. The plan is to manage the
concrete reclaim area through an on -going recycle management process utilizing a 3rd-
party that will remove accumulated concrete and material as necessary to maintain the
50-foot landscape buffer. We request to have until June 1 to demonstrate that this will be
successful.
Thomas Concrete, Shallotte Concrete Plant, 197 Barnhill Road NW, Supply, NC 28462
Tel [phone] Page 1 of 2

Re: NOD 2019-PC-0254
Benton Ready Mix of Brunswick
Stormwater Permit No. SW8 080937
Brunswick County
2. Swales on the east and west side of the property are not installed per approved
plans. Stormwater must be directed to the stormwater inlets and wet pond.
Response:
Thomas Concrete of South Carolina, Inc. is completing a Permit Transfer
Application Form with Benton Rentals LLC and plans to submit to NCDEMLR by
February 17. Wherein Thomas Concrete of South Carolina, Inc. has agreed as a
proposed permittee to be the entity responsible for addressing any compliance
issues. The plan is to complete the swales by June 1 and maintain the swales so
that stormwater is directed to the stormwater inlets and wet pond.
3. Benton Ready Mix of Brunswick, Inc. does not own or operate the facility. Transfer
of the permit to the current owner of the property or the current facility operator is
necessary.
Response:
Thomas Concrete of South Carolina, Inc. is completing a Permit Transfer Application Form
with Benton Rentals LLC and plans to submit to NCDEMLR by February 17.
We trust that the corrective actions discussed in this letter will adequately address the
issues identified during the inspection. If you have any questions regarding this response,
please contact Dennis Dzvonik at 678-713-0300, or via e-mail at
dennis.dzvonik(o)thomasconcrete.com.
sin c ely, JECEIVE.
4� FEB 1 i 2020 !�
Dennis Dzvonik u p
Sr. Safety & Industrial Hygiene Manager BY:-_L
Cc: NCDEMLR, Attn : Mr. Brian Lambe, via e-mail [e-mail]
Thomas Concrete ; Attn : Mr. Alan Wessel, President; via e-mail
alan.wessel(a)thomasconcrete.com
Thomas Concrete, Attn : Mr. Jim Ryder, Vice President Coastal Division, via
e-mail [e-mail]
Benton Rentals LLC, Attn : Mr. Keith Benton, PO Box 797, Conway, SC
29528 and e-mail [e-mail]
Thomas Concrete, Shallotte Concrete Plant, 197 Barnhill Road NW, Supply, NC 28462
Tel[phone] Page 2 of

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
December 11, 2019
Benton Ready Mix of Brunswick, Inc.
Attn: Keith Benton
PO Box 797
Conway, SC 29528
NORTH CAROLINA
Environmental Quality
Subject: NOTICE OF DEFICIENCY
NOD 2019-PC-0254
Benton Ready Mix of Brunswick
Stormwater Permit No. SW8 080937
Brunswick County
Dear Mr. Benton:
On December 10, 2019, Brian Lambe of the Wilmington Regional Office of the Division of Energy,
Mineral and Land Resources (DEMLR) inspected Benton Ready Mix of Brunswick in Brunswick County
to determine compliance with Stormwater Management Permit Number SW8 080937 issued on October
13, 2008. DEMLR file review and site inspection revealed that the site is not in compliance With the
terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Concrete reclaim area is not defined in the stormwater permit documents. The concrete reclaim
built upon area (BUA) and drainage area is not according to the approved plans.
2. Swales on the east and west side of the property are not installed per approved plans. Stormwater
must be directed to the stormwater inlets and wet pond.
3. Benton Ready Mix of Brunswick, Inc. does not own or operate the facility. Transfer of the permit
to the current owner of the property or the current facility operator is necessary.
Please inform this Office in writing before January 30, 2020, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by January 30, 2020 then DEMLR staff will re -inspect the site and issue a Notice
of Violation if the listed deficiencies have not been addressed.
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Permit Transfer Application Form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Brian Lambe at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
Danny Smith, Director
Division of Energy, Mineral and Land Resources
Enclosure: Compliance Inspection Report
ODS/bpl: \\\Stormwater\Permits & Protects\2008\SWR080937 HD\2019 12 NOD 080937
cc: Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Compliance Inspection Report
Permit: SW8080937 Effective: 10/13/08
Project: Shallotte Ready Mix Facility
Owner: Benton Ready Mix of Brunswick Inc
County: Brunswick
Region: Wilmington
Expiration: 12/30/21
Actress: 197 Barnhill Rd
City/State/Zip: Supply NC 28462
Contact Person: Keith A Benton Title: President Phone: [phone]
Directions to Project:
From the intersection of Royal Oak Rd (SR 1845) and US 17 northeast of Shallotte travel east toward Wilmington apx 0.7 miles
turn left on Barnhill Road and travel apx .033 miles to entrance of site
Type of Project: State Stormwater- HD - Detention Pond
Drain Areas: 1 -
On -Site Representative(s):
Related Permits:
NCG140387 Benton Ready Mix of Brunswick Inc - Shallotte Ready Mix Facility
Inspection Date: 12/10/2019 EntryTime: 10:OOAM Exit Time: 11:30AM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Reason for Inspection:
Follow-up
Permit Inspection Type:
State Stormwater
Facility Status:
❑ Compliant ® Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SWO080937 Owner - Project: Benton Ready Mix of Brunswick Inc
Inspection Date: 12/10/2019 Inspection Type Compliance Evaluation Reason for Visit Follow-up
Inspection Summary:
The coastal stormwater permit is being evaluated in conjuction with NPDES NCG140000 permit inspection. Benton
Ready Mix of Brunswick, Inc. does not operate the plant. The plant is leased by Thomas Concrete of South Carolina,
Inc. The property is owned by Benton Rentals, LLC. The stormwater permit must be held by the current operator or the
current owner of the property.
page: 2

1 I
Permit: SW8080937 Owner - Project: Benton Ready Mix of Brunswick Inc
Inspection Date: 12/10/2019 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ® ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ® ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment
Built Upon Area
Yes
No NA NE
Is the site BUA constructed as per the permit and approval plans?
❑
®❑ ❑
Is the drainage area as per the permit and approved plans?
❑
®❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system?
❑
0 ❑ ❑
Comment: The concrete reclaim area is not defined in the stormwater permit other than mention as small portion of
BUA in the narrative The concrete reclaim BUA and drainage area must be clarified. The total BUA
must be evaluated with this consideration.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑
Are the inlets located per the approved plans? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ®❑ ❑
DWO upon request?
Comment: The swales on the west and east sides need to be established to direct slormwater to the collection
system.
Records were not available during inspection.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ®❑ ❑
Comment: Wastewater is comingling with stormwaler from the mixing plant. The water is from truck fill up overflow.
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑
Comment:
page: 3

rOHNTY
2/9/2019 11:09:06 AM
ENTON RENTALS LLC Return/Appeal Notea, Parcel: 1820 O92
.97 BARNHILL RD NW CO PLAT / UNIQ ID 42514
0059797 ID NO: 109904819110
BRUNSWICK COUNTY(100), CIVIETOWN FIRE(101) CARD NO.I of
oval Year: 2019 Tax Year: 2019 0.47 ACRES PLAT 54119 OFF US 17 8,4700 AC SRC=
kDnraised IN, 49 on 05 00 2018 C523 SUPPLY TO SHALLOTTE BYPASS TW05 CI-00 FR-05 E%- AT- LAST AMON 20180508
CONSTRUCTION DETAIL
MARKET VALUE
DEPRECIATION
CORRELATION OF VALUE
OTAL POINT VALUE
USE
MOD
E8. BASE
Area UAL RATE
RCN
EYB
AYB
0.EDENCE TO
WILDING ADl➢STMENT
TAL ADIUSTMENT
9B
00
% GOOD
LEPR. BUILDING VALUE - CARD
ACTOR
OTAL QUALITY INDEX
TYPE: VACANT LAND
EPR. OB/XF VALUE - CARD 29,5E
ARKET LAND VALUE - CARD 210,06
STYLE:
OTAL MARKET VALUE - CARD 23964
OTAL APPRAISED VALUE - CARD 239,64
OTAL APPRAISED VALUE - PARCEL 23964
OTAL PRESENT USE VALUE - PARCEL
OTAL VALUE DEFERRED - PARCEL
OTAL TAXABLE VALUE -PARCEL 23964
PRIOR
UILDING VALUE
BXF VALUE 30,86
AND VALUE 381,15
RESENT USE VALUE
EFERRED VALUE
DTAT VALUE 412 01
PERMIT
CODE I DATE NOTE I NUMBER AMOUNT
OUT: WTRSHD-
SALES DATA
fF.
ECORO
DATE
DEED
INDICATE SALES
00K PAGE
MOl
TYPE
3/UV/1
PRICE
3901
0228
4120171
017
GW
U
V
2843
IDfil
9
WD
Q
V
65000
1162
B29
3
000
WO
U
V
09]9
O163
4
119941
WO
Q
I V
I0000
HEATED
AREA
NOTES
CHANGE
IS R52
SUBAREA
OD
DESCRIPTION
COON
LT
N
N1T9
UNIT
PRICE
ORIG%
CON CORD
BLDG
AYB
EYB
4NN DER
RATE
OV
%
COND
OB/XF DEP0.
VALUE
GE
RPL
TYPE AREw
GS
35
6
ARAGE
(90.1CK/STONE)
MOBILE HOME SITE
0
0
B00
I
a2.00
2,J00.00
0.0
0.0
_
_
2009
2009
009
009
5
S
B
10
2688
2J0
(REPLACE
UBAREA
OTw15
B
OBILE
HOME PE PRP
0
t
0.0
0.0
_
2009
009
S
10
TOTAL
OB XF VALUE
29 58
UILDING DIMENSIONS
AND INFORMATION
THER
DJUSTMENTS
IGHEST
AND NOTES
�.Aj
LAND
TOTAL
NO BEST
USE
LOCAL
FRO N
DEPTN
LND
COND
RF AC LC TO
UNITLANDUNT
TOTAL
ADJUSTED (AND
OVERRIDE
LANDE
CODE
ZONING
TALEDEPT
SIZE
MOD
FACT
OT
YP
PRICE
UNITS
TYP
ADJST
UNIT PRICE VALUE
VALUE
NOTES
NDUSTRIAL
0640
IG
0
0
1.0000
0
0.6200
� 0 1,00 -30 ♦00
RT
40,000.0
8.47
AC
0.620
24,800.0 210056
BB
Location/Size
OTAL MARKET
LAND DATA
B.470
210,06
OTAL PRESENT USE DATA

s>fenme 11 moos GM
ENTON RENTALS 11 LLC Relum/Appeal Notes'. Parcel 18200092
l97 BARNHILL RD NW CO PIAT: / UNIQ ID 42514
0054B60 ID NO: 109904819110
BRUNSWICK COUNTY (100), CIVIETOWN FIRE (60) CARD NO. 1 of 1
Oval Year: 2015 Tax Year: 2016 8.47 ACRES PIAT 54/19 OFF US 17 8.4700 AC SRC=
raised ov A2 On 02 10 2011 C523 SUPPLY TO SHALLOTIE BYPASS TW-05 CI-00 FR-05 EX- AT- LAST ACTION 20141205
CONSTRUCTION DETAIL
MARKET VALUE DEPRECIATION
CORRELATION OF VALUE
OTAL POINT VALUE
USE
Efl.
MOD Area
UAL
BASE
RATE RCN
F:YB
AYB
REDENCE TO
WILDING AD]USTMENT
OTAL ADJUSTMENT
98
00
96 GOOD
EPR. BUILDING VALUE - LARD
ACTOR
OTAL QUALITY INDEX
TYPE: VACANT LAND
EPR, OB/XF VALUE - LARD 30,86
ARKET LINO VALUE - CARD 381,15
STYLE:
OTAL MARKET VALUE - CARD 412,01(
OTAL APPRAISED VALUE - CARD 412,01
OTAL APPRAISED VALUE - PARCEL 41201
OTAL PRESENT USE VALUE - PARCEL
OTAL VALUE DEFERRED - PARCEL
OTAL TABLE VALUE - PARCEL 412,011
PRIOR
WILDING VALUE
BXF VALUE 33,42
AND VALUE 254,10
RESENT USE VALUE
EFERRED VALUE
OTAL VALUE 28752
PERMIT
CODE I DATE I NOTE I NUMBER AMOUNT
OUT: WTRSHD:
SALES DATA
FF.
ECORD
DATE
DEED
INDICATE SALES
OOK
PAGE
M
R
TYPE U
1
PRICE
3901
022E
4
2017
GW U
V
1141
1061
9
2008
WD Q
V
65000
1362
829
l
000
WD U
V
0979
363
4
1994
WD 0
1 V
10000
HEATED AREA
NOTES
CHANGE
ILA 452
SUBAREA
ODIHOME(PER/PRP)
DESCRIPTION
COON IT
H
NITS
UNIT
PRICE
GREGCOND
CONO
OLDG
AYB
EYB
ANA DEP
RATE
OV
%
COND
OB/XF VALUE
VAW
GS
PIPE
35ARAGE
6
BRICK/STONE)
OBILE HOME SITE
0
0
B00
1
40.00
2,J00.00
0.0
0.0
_ 2009
- 2009
009
009
S
S
8
10
2816
2]0
IYPE AREA
CS
(REPLACE
UBAREA
OTALS
55
OBILE
0
1
0, 0
0.0
_ 2009
ON
5
10
OTAL
OB XF VALUE
30 B6
WILDING DIMENSIONS
AND INFORMATION
THE
R
DJUSTMENTS
IGHEST
�I`R.N
ND
NOTES
LAND
TOTAL
NO BEST
USE
LOCAL
DEPTH
END
COMO�RF
AC LC TO
OA
UNITLANDUHTTOTAL
ADJUSTED
LAND
OVERRIDE
LANDSE
COOE
ZONING
TAGSOEPT
SIZE
MOD
FAR
T
TYPE
PRICE
UNITS
TYP
ADJST
UNIT PRICE
VALUE
VALUE
NOTES
NDUSTRIAL
BEAD
IS
0
0
1.00W
0
1.0000
AT
45,000.0
8.47
AC
1.000
45,000,0
381150
SIZE
REAR LOT
OTAL MARKET LAND DATA
B 4]0
381,15
OTAL PRESENT USE DATA

I
Division of Energy, Mineral and Land Resources
c: Stormwater Program
National Pollutant Discharge Elimination System
Environmental . E C E IV0
Qta(ny NCG14000
NOV 14 2019
NOTICE OF INTENT
National Pollutant Discharge Elimination System application forcoverageunder Permit NCG140000:
STORMWATER AND PROCESS WASTEWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code: 3273 and like activities
Ready Mixed Concrete
This N01 may be an application to discharge process wastewater. NCG140000 contains effluent limitations
for process wastewater discharges. Wastewater discharges must meet the requirements of these effluent
limitations. An exceedance of any of these limitations will result in a violation of the permit conditions.
For questions, contact the DEMLR Central Office or Regional Office in your area. See page 8
1)
(Please print or type)
Mailing address of owner/operator (official address to which all permit correspondence will be
mailed):
Legal Company Name Thomas Concrete of South Carolina, Inc.
(Please attach the most recent Annual Report to the NC Secretary of State showing the current legal name.
this permit can he given to an Individual.)
Signee's Name (as signed for in question 28 below) Jim Ryder, Vice President Coastal Division
Alternatively
Street Address 3450 Mount Pisgah Cemetery Road
City Conway State SC ZIP Code 29526
Telephone No. 912 330-8990 Email [e-mail]
Alternate ContactName Kenneth Huggins Email (if different) Kenneth.huggins@thomascc
Alternate Contact Telephone (if different) 843-458-1814
2) Location of facility producing discharge:
Facility Name
Street Address
City
County Facility
Contact
Telephone No.
Thomas Concrete Shallotte Concrete Plant
197 Barnhill Road NW
Supply State NC ZIP Code 28462
Brunswick
Dennis Jones, Plant Manager
910 754-8000 Email [e-mail]
3) Physical location information:
Please provide narrative directions to the facility (use street names, state road numbers, and distance and
direction from a roadway intersection). From intersection of Royal Oak Road (SR 1845) and US 17 travel East toward
Wilmington approx. 0.7-miles turn Left on Barnhill Road and travel approx. 0.3-miles to entrance of site.
(A copy of a county map or USGS quad sheet with facility clearly located on the map is a required part of this application.)
4) Latitude 33.998121 N
Longitude-78.342614 W (deg., min, sec or decimal)
Page 1 of 8
SWU-NCG14-NOI Last revised 9/01/2017

NCG140000 N.0.1.
5) This NPDES Permit Application applies to the following (check all that apply):
❑ New or Proposed Facility Date operation is to begin
e Existing Facility Date operation began 612008 Benton; 7/2015 Thomas
6) Consultant's application information:
Consultant: _
Consulting Firm:
Mailing Address:
City:_
State:
Phone:(_)
Email:
Zip Code:
(Optional)
Staple Business Card Here:
7) Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary
industrial activity at this facility:
SIC Code: 3 2 7 3
8) Provide a brief description of the types of industrial activities and products produced at this facility:
(Attach a site diagram showing the process areas present at this facility.)
Dry batch plant where component materials are transferred and mixed in ready -mix trucks to make desired concrete for delivery to job sites.
Aggregates are delivered by trucks and stockpiled onsite, which are then fed by front-end loader into plant hopper.
Cement and fly ash are delivered by tanker trucks and pneumatically pumped into silos. Baghouses minimize dust emissions
during unloading and batching operations. Liquid admixtures are also delivered by tanker trucks and stored onsite for batching.
Stormwater Discharge, Wastewater Treatment & Discharge and Permitting Information
9) Discharge points / 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 will end up in? Tributary creek North of Williams Branch (Stream Index 15-25-9-2-3)
To find the waterbody, please see the NC Surface Waterbody Classifications map at
https://deq.nc.goviabout/divis i ons/water-resources/water-resources-science-data
Receiving water classification(s) for the waters: C; Sw, HQW
If the site will discharge to a separate storm sewer system, name the operator of the separate storm sewer
system (e.g. City of Raleigh municipal storm sewer).
Page 2 of 8
SWU-NCG14-NOI Last revised 8/01/2017

'NCG140000 N.O.I.
List discharge points (outfalls) that convey discharge from the site (both on -site and off -site) and location
coordinates. Attach additional sheets if necessary, or note that this information is specified on the site plan.
Be sure to indicate a type for each outfall listed below as Stormwater only, Wastewater only or Wastewater
Commingled with Stormwater
Outfall No. 001 Stormwater only ❑ Wastewater only
Latitude (degrees/minutes/seconds): 33.998121
Longitude (degrees/minutes/seconds):-78.342614
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
Outfall No. _ Stormwater only
Latitude (degrees/minutes/seconds):
Longitude (degrees/minutes/seconds):
❑ Wastewater only
❑ Wastewater only
❑ Wastewater only
❑ Wastewater only
❑ Wastewater only
❑ Wastewater only
W
_ N
W
_ N
W
_ N
W
_ N
W
N
W
N
W
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Wastewater Commingled with Stormwater
Will this facility discharge wastewater to SA (Shellfish) waters? ❑ Yes LFNo
Note: Discharge of process wastewater to receiving waters classified as Critical Area (CA) must be
reviewed by the N.C. Division of Water Resources, Public Water Supply Section ahead of
approval. No new discharges of process wastewater are permitted in receiving waters
classified as WS-1 or freshwater ORW.
You must show all discharge points clearly on the submitted site plan. Be advised that
NCDEQ may require you to apply for an individual permit, based on proposed discharge rates
and receiving stream conditions (low flows, impairments, etc.)
Page 3 of 8
SWU-NCG14-NOI Last revised 8/01/2017

MG140000 N.O.I.
10) Each applicant shall provide the following information (attach additional sheets as necessary):
Two (2) site plans depicting the facility or site with numbered outfalls which indicate stonnwater and
wastewater outfalls. The plans shall legibly show. at a minimum, (existing or proposed):
o Outline of drainage areas with topographical lines and features
o Stormwater/wastewater treatment structures
o Location of numbered stormwater/wastewater outfalls (corresponding to which drainage areas)
o Runoff conveyance structures
o Areas and acreage where materials are stored
o Impervious area acreages
o Locabon(s) of streams and/or wetlands the site is draining to, and any applicable buffers
o Site property lines, North Arrow, and bar scale
o If applicable, the 100-year floodplain line
o Acreage of each stonnwater and wastewater topographical area
o Each of the facilities' wastewater or stonnwater source and discharge structures and each of its
hazardous waste treatment, storage, or disposal facilities
o Site location (insert)
Site plans shall be 24" x 36" in size.
• Line drawing and description: 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.
• A narrative description and identification of each type of process, operation, or production area which
contributes wastewater to the effluent for each outfall, and a description of the treatment the wastewater
receives (or will receive), including the ultimate disposal of any solid or fluid wastes other than by
discharge. Processes, operations, or production areas may be described in general terms (e.g. "ash
silo').
11) Does the applicant have any unresolved Notice of Violations (NOVs)?
❑ No Q Yes
Wastewater:
12) What types of wastewater does your facility generate or discharge?
Type of Authorized Wastewater
Generate
Discharge
Sent to WW
Treatment
S stem
Vehicle and equipment cleaning E
El
El
❑
Wetting of raw material stockpiles RM
O
O
❑
Mixing drum cleaning MD
O
❑''
❑
Further explanation, if necessary:
13) Will your facility spray -down or actively wet aggregate piles?
(3 No 19 Yes
14) Does the facility use any of the following on site?
❑ Phosphorus -containing Detergents IM Non -Phosphorus -containing Detergents
❑ Brighteners ❑ Other Cleaning Agents ❑ Other:
Page 4 of 8
SWU-NCG14-NOI Last revised a/01/2017

'NCG140000 N.0.1.
15) Are wastewater treatment facilities planned in the 100-year flood plain?
El No ❑ Yes
16) Will your facility build a closed -loop recycle system (CLRSs) that meets design requirements in 15A
NCAC 02T .1000 and hold your facilities' working volume'?
❑ Yes 1] No
If Yes, STOP COMPLETION of this permit. Contact DWR Non -Discharge Permitting Program for permitting
requirements.
17) A wastewater treatment alternatives review is required by 15A NCAC 2H.0105 (c)(2) for any new or
expanding water pollution control facility's discharge in North Carolina. You may attach additional sheets.
a) What wastewaters were considered for this alternatives review? N VE 19 RM S MD
b) Connection to a Municipal or Regional Sewer Collection System:
i) Are there existing sewer lines within a one -mile radius? ..................................... ❑ Yes O No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the wastewater? .... ❑ Yes ❑
(a) If No, please attach a letter documenting that the WWTP will not accept the wastewater.
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?'
c) Surface or Subsurface Disposal System (e.g., spray irrigation):
No
i) Is a surface or subsurface disposal technologically feasible (possible)? ....................❑ Yes ® No
Why or Why riot? Given space constraints and the pH of the wastewater this Is not a feasible aption.
ii) Is a surface or subsurface disposal system feasible to implement?* ...........................❑ Yes I9 No
Why or Why not? Given space constraints and the pH of the wastewater this is not a feasible option.
iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct
discharge to surface waters?* Given space wnstrainls and the pH of the wastewater this is not a feasible option.
d) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options of the wastewaters being considered?` ... @ Yes ❑ No
i) If No, contact DEMLR's Land Application Unit to determine permitting requirements.
e) If this review Included all wastewater discharge types, would excluding some types (e.g. raw
stockpile wetting) make any of the above non -discharge options feasible? ..............❑ Yes 8 No
You maybe asked to provide further information to support your answers to these questions after the initial review.
Feasibility should take into account initial and recurring costs.
Page 5 of 8
SV1/U-NCG14-N01 Last revised 8/01/2017

'NCG140000 N.O.I.
Stormwater:
18) Does this facility employ any best management practices for Stormwater control? ❑ No O Yes
If yes, please briefly describe: onsite designed stonnwatertwastewater retention basin.
19) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No O Yes
If yes, when was it implemented? September 2017
20) Are vehicle maintenance activities (VMA) occurring or planned at this facility? O No ❑Yes
ff yes, does your VMA area discharge into your wastewater treatment device? ❑ No ❑ Yes
Other/Permitting:
21) Does this facility have a Division of Land Resources Erosion & Sedimentation Control (E&SC) Permit?
21 No ❑ Yes
If yes, list the permit numbers for all current E&SC permits for this facility:
22) Is your facility subject to Phase II Post -Construction Area? p No ❑ Yes
If yes, who is the permitting authority?
23) Is your facility located in one of the 20 Coastal Counties? El Yes ❑ No
Is your facility adding more than 10,000 ft2 of built -upon area or CAMA Major Permit? ❑ Yes O No
24) Is your facility discharging wastewater (treated or untreated) such as water from wetting of aggregate piles, drum
rinse -out, or vehicle and equipment cleaning to a stormwater BMP? ❑ No O Yes
If yes, please attach your approval from the permitting authority to do so.
25) Does this facility have any other NPDES permits? El No ❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
26) Does this facility have any Non -Discharge permits (ex: recycle permits)? El No ❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
27) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
(] No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
S No❑Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
❑� No ❑ Yes
d) Type(s) of waste:
How is material stored:
Where is material stored:
Page 6 of 8
SWU-NCG14-NOI Last revised 8/01/2017

1NCG140000 N.O.I.
How many disposal shipments per year:
Name of transport / disposal vendor:
Vendor address:
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDEQ.
❑ This completed application and all supporting documentation. See Question 10.
❑ If an Erosion & Sedimentation Control (E&SC) Plan is required from Division of Land Resources (DLR) or
local designee: documentation verifying applicant has developed and submitted that Plan to the governing
agency (required per 15A NCAC 02H .0138).
' Y ❑ Two (2) site plans depicting the site plan with numbered outfalls which indicate stonnwater and wastewater
�1 outfalls. See Question 10.
❑ A county map or USGS quad sheet with location of facility clearly marked.
28) 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:
(1) 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), If 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.
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).
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 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, and accurate.
Printed Name of Person Signing: Jim Ryder
Title: Vice President Coastal Division
of Applicant)
1 d i l3 lci
(Date Signed)
Page 7 of 8
SN/U-NCG14-DIOI last revised 8/01/2017

'NCG140000 N.0.1.
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to: NCDEQ
Mail the entire package to:
DEMLR - Stormwater Program
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
For questions, please contact the DEMLR Regional Office for your area.
DEMLR Regional Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
Page 8 of 8
SWU-NCG 14-N0I Last revised 8/01/2017

November 13, 2019
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
Attn: Mr. Daniel Sams, PE
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NOV#: NOV-2019-PC-0695
Thomas Concrete of South Carolina, Inc.
Shallotte Ready -Mix Facility
197 Barnhill Road NW, Supply, NC 28462
Dear Mr. Sams:
�h®mom®
CONCRETE
NOV 14 2019
We received the above referenced Notice of Violation (NOV) from the North Carolina
Department of Environmental Quality following an inspection of the Shallotte plant by
Brian Lambe of the Wilmington Regional Office dated October 14, 2019. During the
inspection, Mr. Lambe noted five apparent violations of the facility's General
StormwateriWastewater permit. Each of the findings and request for response as listed
in the NOV is addressed herein this response letter separately, with the facility's initiated
or planned corrective action following each finding.
1. Currently, the site is permitted to Benton Ready -Mix of Brunswisk, Inc. The facility
is operated by Thomas Concrete of South Carolina, Inc. The property is owned by
Benton Rentals, LLC. The permit must be addressed to the responsible party.
Facility Response:
Thomas Concrete of South Carolina, Inc. submitted a NOI per Form SWU-NCG14-NOI
requesting coverage under General Permit NCG140000 as the operator of the facility.
2. The stormwater pollution prevention plan (SPPP) must be maintained on a regular
basis including yearly updates and certifications, documentation of maintenance of
Best Management Practices (BMPs), and documentation of spill response.
Thomas Concrete; Shallotle Concrete Plant, 197 Barnhill Road NW, Supply, NC 28462
Tel [phone] �. Page 1 of 3 :. ..

Re�NOV#: NOV-2019-PC-0695
Thomas Concrete of South Carolina, Inc.
Shallotte Ready -Mix Facility
197 Barnhill Road NW, Supply, NC 28462
Facility Response:
Thomas Concrete has reviewed our SPPP and plans to maintain associated
records related to BMP inspection/maintenance and spill response activity (ies).
3. Qualitative Monitoring has not been conducted per permit requirements.
Facility Response:
Based on the design of the on -site stormwater BMP as a retention basin and the high
infiltration rate of the underlying soil at the site, as of the date of this letter, the facility is
not aware of any stormwater or wastewater discharges from the basin. Therefore, the
facility has not been historically recording inspections of discharges from the basin. The
facility will conduct qualitative monitoring of discharges from the basin if and when they
occur, and document on the Stormwater Discharge Outfall (SDO) Qualitative Monitoring
Report (Form SWU-242).
4. Analytical Monitoring has not been conducted per permit requirements. Analytical
monitoring must be conducted quarterly according to Section D : Process
Wastewater Discharges Analytical Monitoring Requirements.
Facility Response :
As stated in the response to Finding 3, as of the date of this letter, there has not been a
stormwater discharge observed by facility personnel from the stormwater/wastewater
discharge outfall. However, the facility acknowledges that Annual Stormwater and
Wastewater Discharge Monitoring Reports (DMRs) stating a NO DISCHAGE » should
have been submitted to the DEQ in accordance with permit requirements for all quarterly
monitoring periods.
In accordance with permit requirements, the facility will conduct quarterly analytical
monitoring and submit an annual DMR to NCDEQ. If there is no discharge during any
monitoring period, it shall be documented accordingly on the reports.
5. Wastewater is comingling with stormwater. This conflicts with state stormwater
permit S W8 080937 and is not allowed.

Re; NOV#: NOV-2019-PC-0695
Thomas Concrete of South Carolina, Inc.
Shallotte Ready -Mix Facility
197 Barnhill Road NW, Supply, NC 28462
Facility Response :
The facility currently operates under NPDES Permit General Permit NCG140000 issued
by the NC DEQ. Section D of the General Permit authorizes process wastewater
discharges from vehicle and equipment cleaning, raw material stockpiles, and mixing
drum cleanout, and imposes effluent limits for pH, total suspended solids, and oil & grease
on these discharges. Section D states that " Stormwater commingled with authorized
process wastewater shall be considered process wastewater". Therefore, the facility is
authorized to discharge comingled wastewater and stormwater through the outfall; as long
as they comply with the permit effluent limits.
We trust that the corrective actions discussed in this letter will adequately address the
issues identified during the inspection. If you have any questions regarding this response,
please contact Dennis Jones, Shallotte Concrete Plant's Plant Manager, at 910-754-8600
or via e-mail at den nis. ion es(cDthomasconcrete.com or Kenneth Huggins, Operations
Manager, 843-369-6000 or via e-mail at ken neth.hugciins6EOhomasconcrete.com.
Sincerely
Jinh� der
Vice President Coastal Division
Cc: Thomas Concrete; Attn : Mr. Alan Wessel, President; 2500 Cumberland
Parkway, Suite 200 ; Atlanta, GA 30339
Thomas Concrete; Attn : Mr. Kenneth Huggins, Area Operations Manager;
3450 Mount Pisgah Cemetery Road, Conway, SC 29526
Thomas Concrete, Attn : Mr. Dennis Jones, Plant Manager, 197 Barnhill
Road NW, Supply, NC 28462
Thomas Concrete, Shallotte Conuele Plant, 197 Bamhill Road NW, Supply, NC 28462
Tel [phone] - Page 3 of 3

NCDEQ/WiRC)
Land Quality Section "J ? U.S. POSTAGE>>MNEV bOWEs
127 Cardinal Drive Extension
Wilmington, NC 28405-3845 ZIP 28406 $ 000.500
02 1Y1
00013993460CT. 16. 2019
Benton Rentals, LLC.
Keith A. Benton, Sr.
197 Barnhill Road NW
Supply, NC28462 if;ixi`E. 276 DE 1 a01O/24/19'
RETURN TO SENDER
NO SUCH STREET .
UNABLE TO FORWARD
_MSS BC: 2.8405540627 *16.80-05844-1.7-O.ob

NCDEQ/WiRO
Land Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Benton Ready Mix of Brunswick
Keith A. Benton, Sr.
197 Barnhill Road NW
Supply, NC2846NIXIE 276 DE 1
U.S. POSTAGE>> RTNEv BOWES
41
0
ZIP 26405 $ 000.500
02 IVY
0001399346OCT 16 2019
0 01 fd / 2 4`/'1'9
RETURN TO SENDER
NO SUCH STREET
UNABLE TO FORWARD
MSS SC: 2840554.0627 f+ *1680-95842-11-09
28492btL a §79:"iI1nl��iiil�i�l�ll��f��11J1li1ni.'liiipililliilnill����iiljlf

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Direcmr
March 14, 2019
Benton Ready Mix of Brunswick, Inc
Attn Keith Benton
197 Barnhill Road
Supply, NC 28462
Benton Rentals, LLC
Attn: Keith A. Benton Sr.
197 Barnhill Road NW
Supply, NC 28462
Thomas Concrete of South Carolina, Inc.
Attn: Alan Wessel, President
2500 Cumberland Pkwy Ste 200
Atlanta CA 30339
NORTH CAROLINA
Environnumi al Quality
Subject: Notice of Inspection — Not Compliant
Shallotte Ready Mix Facility
State Stormwater Management Permit No. SW8 080937
Brunswick Counry
Dear Mr. Benton:
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law,
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is
herewith notifying you that the subject permit is now effective from the date of issuance until December
30, 2021 which includes all available extensions.
On October 15, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project, located at Barnhill Road in Brunswick County to
determine the status of compliance with the State Stormwater Management Permit Number SW8 080937
issued on October 13, 2008. DEMLR file review and site inspection revealed that the site is not in
compliance with the terns and conditions of this permit. Please find a copy of the completed form
entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the
recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
I . Wastewater entering the Stormwater pond is not allowed. Please contact this office for a
compliance inspection. Stormwater from all BUA must flow to the system. All wastewater must
flow to the closed loop recycle system.
2. Additional BUA has been installed in the SW corner of the property that is not accounted for in
the permit.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
ww wwu

State Stonnwater Permit No. S W8 080937
Page 2 of 2
An ownership change including the sale or conveyance of the permitted project area in whole or in part.
This does not include the conveyance of subdivided residential lots to individuals which are made subject
to a recorded declaration of covenants and restrictions which contain the statements required by the
stormwater permit;
a. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
b. Foreclosure proceedings;
c. Filing for Bankruptcy;
d. Dissolution of the partnership, corporate entity or LLC. Per NCGS 55-14-05, a dissolved
corporation continues its corporate existence but may not carry on any business except that
appropriate to wind up and liquidate its business and affairs, which includes the stormwater
management permit.
e. A name change of the owner / permittee;
f A name change of the project;
g. A mailing address change of the permittee;
Please be advised that as the permittee, you are required to comply with the terms, conditions and
limitations of the Stonnwater Management Permit under Title 15A North Carolina Administrative Code
2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the
permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by November 15, 2019, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail]
Sincerely,
Daniel Sams, PE
Regional Supervisor
Enclosure: Compliance Inspection Report
Perot Transfer Application Form
GDS\bpC \\\Stormwater\Permits & Projects\2008\080937 HD\2019 10 CEI deficient 080937
cc* Stormwater Permit File

Compliance Inspection Report
Permit: SW8080937 Effective: 10/13108
Project: Shallotte Ready Mix Facility
Owner: Benton Ready Mix of Brunswick Inc
County: Brunswick
Region: Wilmington
Expiration: 12/30/21
Adress: 197 Barnhill Rd
City/State/Zip: Supply NC 28462
Contact Person: Keith A Benton Title: President Phone: [phone]
Directions to Project:
From the intersection of Royal Oak Rd (SR 1845) and US 17 northeast of Shallotte travel east toward Wilmington sox 0.7 miles
turn left on Barnhill Road and travel sox .033 miles to entrance of site
Type or Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -
OnSite Representative(s):
Related Permits:
NCG140387 Benton Ready Mix of Brunswick Inc- Shallotte Ready Mix Facility
Inspection Dale: 10/14/2019 Entry Time: 11:15AM Exit Time: 12:OOPM
Primary Inspector: Brian P Lambe
Secondary Inspector(s): l
Reason for Inspection: KouunN
Permit Inspection Type: Slate Sto
Facility Status: ❑ Compliant
Question Areas:
State Stormwater
(See attachment summary)
v Not Compliant
Phone:
Inspection Type: Compliance Evaluation
page. 1

permit: SW8080937 Owner - Project: Benton Reaay Mix of Brunswick Inc
Inspection Date: 10/1412019 Inspection type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection in conjunction with NPDES NCG 140387 Industrial Stormwater Permit. The stormwater onsite is allowed to
comingle with wastewater, which is not allowed by definintion. Additional BUA is constructed by waste concrete
materials in the SW corner of the site.
Facilty is being operated by Thomas Concrete of South Carolina, Inc. The site is owned by Benton Rentals, LLC.
SW8080937 was issued to Keith A. Benton and Benton Ready Mix of Brunswick, Inc.
Please consult with this office for permit modification, renewal, transfer, and compliance issues.
page: 2

permit: SW8080937 Owner - Project: Benton Reaey Mix of Brunswick Inc
Inspection Dale: 10/14/2019 Inspection Type Compliance Evaluation
Reason for Visit:
Routine
File Review
yes
No NA NE
Is the permit active?
®
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
®
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
®
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ i ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ® ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ®❑ ❑
Comment: The SW corner of the property is being used as concrete waste dumping area creating additional BUA
that does not drain to the system.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑
Are the inlets located per the approved plans? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Wastewater is comingling with stormwater.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ a ❑
Comment: Permit has not been transferred to current landowner, Benton Rentals LLC.
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ®❑ ❑
Comment: Refer to NPDES NCG140387 inspection report.
page: 3

• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Business Corporation
Legal Name
Benton Ready -Mix of Brunswick, Inc.
Information
Sosld: 1062964
Status: Current -Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 9/15/2008
Fiscal Month: December
State of Incorporation:
SC
Registered Agent: Benton, Keith A., Sr.
Addresses
Reg Office
197 Barnhill Road NW
Supply, NC 28462
Officers
President
Keith A. Benton , Sr
PO Box 797
Conway SC 29528
Stock
Reg Mailing
197 Barnhill Road NW
Supply, NC 28462
Principal Office
307 Highway 544
Conway, NC 29526
Mailing
PO Box 797
Conway, SC 29528

Execution Copy
LEASE AGREEMENT
THIS LEASE (this "Lease") is made this-3fd=day_of=F'eb .gary,-2Q17 by and between
BENTON RENTALS II, LLC, a South Carolina limited liability company, ("Landlord"), and
THOMAS CONCRETE OF SOUTH CAROLINA, INC., a Delaware corporation ("Tenant").
Section 1. Premises. Landlord does hereby lease and demise unto Tenant and
Tenant does hereby lease and take from Landlord approximately 8.47 acres of real property
located at 197 Barnhill Road, Supply, North Carolina, being known as Tax Parcel Number
1820009 and being depicted on the plat recorded in Map Cabinet 54, Page 19 in the real property
records of Brunswick County, North Carolina (the "Premises") on the terms and conditions
herein contained.
Section 2. Term. The term of this Lease shall commence on the date hereof and
continue until February 3, 2037 unless sooner terminated in accordance with the terms of this
Lease. Tenant shall have the option and right to renew this Lease for two additional terms of
five years (hereinafter referred to as a 'Renewal Lease Term"), upon the same terms, conditions
and rent structure as contained in this Lease as of the commencement of the applicable Renewal
Lease Tenn. The exercise of each option shall be by written notice from Tenant to Landlord
given at least two months prior to the expiration of the then existing term.
Section 3. Rent. As base rent for the Premises, Tenant shall pay to Landlord on the
first day of each month, in advance, the sum of $6,250.00 per month for the first ten years of the
term of this Lease and $8,333.33 per month thereafter. All sums due and payable by Tenant
under this Lease other than the foregoing base rent shall be deemed additional rent, whether or
not so called in the text of this Lease. Any additional rent for which no time for payment is
otherwise specified in this Lease shall be due and payable within 30 days after demand is made
thereof. All base rent and amounts payable under this Lease are hereafter collectively referred to
as "Rent." In the event the term of this Lease begins on a date other than the first day of a
calendar month or terminates or expires on a date other than the last day of a calendar month,
Rent and all other charges shall be prorated for any partial month on a per diem basis.
Section 4. Condition of Premises. Except as otherwise expressly set forth in this
Lease, Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any
representation or warranty of any kind, express or implied, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, HABITABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, as to their condition or with respect to
workmanship or any defects in material, and without any obligation to perform work or to pay
for any third parry or Tenant to perform any work. Tenant's acceptance of the Premises shall
constitute Tenant's acknowledgment that it has inspected the Premises and that they are in
condition satisfactory to Tenant.
Section 5. Ouict Enioyment. Landlord covenants that so long as Tenant shall not be
in default hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises
without hindrance or molestation by Landlord or by any person claiming under or through
Landlord.
NAM 502404831 v 2

Section 6. Use. The Premises are to be used and occupied by Tenant only for
operating a ready -mixed concrete plant and other lawful purposes. Tenant shall not commit
waste, or suffer or permit waste of the Premises to be committed. Tenant will not use, occupy or
permit the use or occupancy of the Premises for any purpose which is prohibited or forbidden by
law, ordinance, or governmental regulation or order, or permit the maintenance of any public or
private nuisance.
Section 7. Compliance with Laws. Tenant shall be responsible at its own cost for
complying with the provisions of any federal, state or local statute, law, ordinance, or code, as
they may be amended from time to time, and the rules and regulations which may be adopted
thereunder from time to time, as the same may be applicable to Tenant's use of the Premises.
Section 8. Repairs and Care of Property by Tenant. Tenant agrees, at its expense,
to promptly repair or replace any material damage or injury done to the Premises, or any part
thereof or property located thereon, caused by Tcnant or its agents, employees or invitees.
Section 9. Alterations by Tenant. Tenant shall have the right to make alterations,
additions or improvements to the Premises from time to time. All alterations, additions and
improvements made to the Premises by Tenant shall become and remain the property of
Landlord or, at the option of Tenant, Tenant may, at its sole cost and expense, remove any such
alterations, additions and improvements, provided, that Tenant restores the Premises to the
condition as existed at the beginning of the term of this Lease, reasonable wear and tear
accepted. Notwithstanding the foregoing, all trade fixtures, equipment, inventory, furniture and
other unattached items which Tenant may have installed, stored or provided shall be and remain
the property of Tenant and may be removed by Tenant at any time or times; provided, however,
that Tenant shall repair any damage to the Premises caused by such removal and any such
property remaining on the Premises following the expiration or earlier termination of this Lease
shall become the property of Landlord or, at Landlord's option, Landlord may remove and store
such property at the expense of Tenant and Tenant shall promptly reimburse Landlord for the
cost thereof
Section 10. Mechanics' Liens. Tenant shall pay or cause to be paid all costs incurred
by or at the instance of Tenant of a character which will or may result in mechanics' liens on
Landlord's interest in the Premises and will discharge any such lien promptly after Tenant
receives notice that the same is filed, or post appropriate bond for the discharge of such lien.
Section 11. Taxes. Tenant shrill be responsible for all real and personal property
taxes, assessments and other governmental charges ("'faxes') which may be levied, assessed or
imposed upon the Premises in accordance with this Section, if the Premises are assessed as a
separate tax parcel, 'Tenant shall be responsible for directly paying any Taxes levied, imposed or
assessed against the Premises to the extent part of a separate tax bill to the appropriate taxing
authority before any interest or penalty accrues. If the Premises are not taxed as a separate tax
parcel, Landlord shall be responsible for payment of the Taxes levied, assessed or imposed upon
the parcel of which the Premises are a part to the appropriate taxing authority before any interest
or penalty accrues. Landlord shall deliver to Tenant written notice of any tax bill received for
the land that includes the Premises within 30 days after Landlord's receipt of same along with a
calculation of Tenant's proportionate share of the same. Tenant shall pay to Landlord, within 30
NAW 502404831v2 2

days following notice to Tenant of each such tax bill, Tenant's proportionate share of the Taxes.
Tenant's proportionate share of the Taxes shall be mutually determined by Landlord and Tenant
on a rational and equitable basis taking into account the relative area of the Premises and the
remainder of the parcel of which it is a part, the relative values of the improvements and the
other buildings and improvements located thereon and any fees -in -lieu -of -taxes agreements
affecting such land or any portion thereof. Taxes shall be prorated for the first and last years of
the term of this Lease. Tenant will not be liable for any penalties or interest owing on any tax
bill if Landlord fails to deliver the notice and computation to Tenant on or before the 30th day
prior to the date upon which penalties or interest, or both, begin to accrue or if Landlord timely
delivers the notice and computation to Tenant but fails to pay the Taxes prior to any penalty or
interest accruing. If not currently assessed as a separate tax parcel, Landlord shall use reasonable
efforts to promptly cause the Premises to be assessed as a separate tax parcel. Tenant shall pay,
or cause to be paid, before delinquency any and all taxes levied or assessed against personal
property, furniture or fixtures or equipment placed by Tenant in the Premises. Notwithstanding
anything to the contrary in this Section 11 or elsewhere in this Lease, Tenant shall have the right
to contest the validity or the amount of any Taxes or personal property taxes by appropriate
proceedings in the applicable jurisdiction, and may defer payments of such obligations, pay same
under protest, or take such other steps as Tenant may deem appropriate. Landlord shall
cooperate in the institution and prosecution of any such proceedings and will execute any
documents required therefor without cost or expense to Tenant. The expense of such
proceedings shall be borne by Tenant and any refunds or rebates secured shall belong to Tenant.
For the avoidance of doubt, Tenant shall not be responsible for any income taxes assessed
against Landlord, nor any franchise, succession, gift, corporation, capital stock, net profit tax,
capital levy, estate, inheritance, stamp, mortgage recording taxes or transfer taxes of Landlord.
Section 12. Utilities. Tenant shall pay the cost of all utility usage charges with respect
to the Premises, including, but not limited to, all charges for telephone, gas, water and electricity
used on the Premises.
Section 13. Subletting and Assignment. Tenant may not sublet the Premises or
assign this Lease or permit the use of the Premises by any party other than Tenant and its
employees without the prior consent of Landlord, which consent shall not be unreasonably
withheld, conditioned or delayed. Notwithstanding anything to the contrary in this Lease, Tenant
may assign this Lease or sublet all or any part of the Premises, without Landlord's consent, to
any entity which controls, is controlled by or is under common control with Tenant, or to any
entity that purchases all or substantially all of the assets of Tenant located at the Premises or to
any entity resulting from the merger of or consolidation with Tenant provided that, in the event
of an assignment, the assignee shall assume in writing all of Tenant's obligations under this
Lease.
Section 14. Indemnity by Tenant. Tenant agrees to indemnify, defend and save
Landlord harmless from and against any and all claims, costs, expenses, reasonable attorneys'
fees and liabilities (except such as result from the negligence or other tortious act of Landlord or
Landlord's employees, agents or contractors) for or in connection with any accident, injury or
damage whatsoever caused to any person or property arising directly or indirectly out of the
business conducted in or the use of or occupancy of the Premises by Tenant or arising directly or
indirectly from any act or omission of Tenant or any sub -tenant or licensee of Tenant, or their
NAI-1502404831v2 3

respective employees, agents, contractors or invitees, and from and against any and all costs,
expenses and liabilities incurred in connection with any such claim and/or proceedings brought
thereon
Section 15. Personal Property; Risk of Loss. All personal property of Tenant shall
be stored and maintained at the Premises at the risk of Tenant, and Landlord shall not be liable
for any damage thereto or theft thereof unless caused by the negligence or willful act of Landlord
or its agents or employees.
Section 16. Rights Retained by Landlord. Landlord and its representatives shall
have the right upon reasonable prior notice to enter the Premises at reasonable times (so long as
it does not unreasonably interfere with the Tenant's operations) to inspect the Premises, to
provide any service which it is obligated to furnish to Tenant.
Section 17. Subordination. Tenant accepts this Lease subject and subordinate to any
recorded ground lease, mortgage or deed of trust hereafter placed upon the Premises or any part
thereof, and to any renewals modifications, extensions and refinancings thereof, which might
hereafter constitute a lien upon the Premises or any part thereof (collectively, "Mortgage").
Within 30 days after written request, Tenant agrees to execute such further instruments that may
be reasonably required for the purpose of subjecting and subordinating this Lease, as provided
above, to the lien of any Mortgage. Upon foreclosure of the Premises or upon acceptance of a
deed in lieu of such foreclosure, Tenant hereby agrees to attom to the new owner if so requested
by such new owner. Notwithstanding the foregoing, with respect to any Mortgage entered into
by Landlord after the execution of this Lease, Tenant's subordination of this Lease shall be
subject to receiving a non -disturbance agreement in form and substance reasonably acceptable to
Tenant from the Mortgage holder providing that Tenant's possession and Tenant's rights under
this Lease will not be disturbed so long as Tenant is not in default and attorns to the record
owner of the Premises.
Section 18. Tenant's Insurance. Tenant shall procure and maintain during the term
hereof comprehensive liability insurance in an amount not less than $500,000 per individual
claim and $2,000,000 annual aggregate. The insurance policies required to be carried by Tenant
pursuant to the terms of this Lease may be in the form of blanket policies covering property in
locations other than the Premises so long as such blanket policies provide for the insurance
coverages required hereunder.
Section 19. Right of First Refusal. If during the term of this Lease (as the same may
be extended), Landlord elects to transfer and sell its right, title and interest in and to all or any
portion of its fee estate in the Premises to a third party, whether in a single transaction or a series
of transactions, before offering the same for sale to any such party, Landlord shall deliver written
notice to Tenant describing the terms of such offer (the "Tenant Offer"). Tenant shall have an
exclusive and irrevocable right to accept the Tenant Offer by written notice to Landlord given
within 30 days after Tenant's receipt of the Tenant Offer. If Tenant accepts the Tenant Offer, the
parties shall immediately commence good faith negotiations for the purpose of documenting the
transaction described in the Tenant Offer. Should Tenant fail or decline to accept the Tenant
Offer within such 30 day period, or should Landlord and Tenant fail, after exercising good faith
efforts to do so, to agree upon the documentation of the transactions described in the Tenant
N.A1. 1502404831 v2 4

Offer within 30 days after the expiration of such 30-day period, Landlord may notify any third
party Landlord deems appropriate of the proposed sale of Landlord's fee estate in the Premises
and negotiate any transaction (the "Proposed Transaction's with any such third party(ies) for the
sale of Landlord's fee estate in the Premises in Landlord's or such equity owner's sole
discretion; provided, however, if such Proposed Transaction is upon a purchase price that is less
than 90% of the purchase price set forth in the Tenant Offer or the Proposed Transaction does
not close within three months following the expiration of such 30-day period, Landlord must
notify Tenant of the terms of the Proposed Transaction (the "Proposed Transaction Notice").
Tenant shall have an exclusive and irrevocable right to match the terms of such Proposed
Transaction by written notice to Landlord given within 15 days from receipt of the Proposed
Transaction Notice. If Tenant timely delivers such notice, Landlord and Tenant shall
immediately commence good faith negotiations for the purpose of documenting the transaction
described in the Proposed Transaction Notice. if Tenant fails or declines to deliver such notice
within such 15 day period, or if Landlord and Tenant, after exercising good faith efforts to do so,
fail to agree upon the documentation of the transaction described in the Proposed Transaction
Notice, Landlord shall be free to proceed with the Proposed Transaction with the applicable third
party.
Section 20. Default By Tenant; Remedies. Tenant shall be in default hereunder if (a)
Tenant fails to pay when due Rent and any other sums due under this Lease and such default
shall continue for more than 20 days after notice from Landlord to Tenant; or (b) Tenant fails to
observe and perform any of the other terms, covenants or conditions of this Lease and such
default shall continue for more than 30 days after notice from Landlord to Tenant; or (c) a
receiver is appointed for a substantial part of the assets of Tenant. If the nature of a default under
(b) of this paragraph is such that it cannot reasonably be cured within the aforesaid cure period
and work thereon shall be commenced within said period and diligently prosecuted to
completion, no default shall be deemed to exist and Landlord rights under this Section 20 shall
be inapplicable. In the event of any default by Tenant, Landlord shall have the option to do any
of the following in addition to and not in limitation of any remedy permitted by law or by this
Lease: (i) cure any default by Tenant hereunder (without being obligated to do so) and recover
from Tenant any reasonable costs incurred by Landlord in so curing such default, together with
reasonable attorneys' fees incurred in connection therewith, (ii) terminate this Lease in which
event Tenant shall immediately surrender the Premises to Landlord, but if Tenant shall fail to do
so, Landlord without further notice and without prejudice to any other remedy Landlord may
have for possession or arrearages in rent or damages for breach of contract, may enter upon the
Premises; or (iii) whether or not Landlord has terminated this Lease, re-enter and repossess the
Premises, and relet the same, in the name of Tenant or Landlord or otherwise, for such term or
terns (which may be greater or lesser than what would have constituted to balance of the term of
this Lease) and on such conditions as Landlord may determine and collect and receive any rents
payable by reason of such reletting. In the event of any such repossession or termination, Tenant
shall remain liable each month for all amounts that would have been payable by Tenant under
this Lease absent such repossession or termination in excess of the rent collected by Landlord
through reletting the Premises during said period, which amounts shall, at the option of
Landlord, become immediately due and payable by Tenant.
Section 21. Further Remedies Of Landlord. In the event of any default, as set forth
above, Landlord, or anyone acting on Landlord's behalf, at Landlord's option, may without
NAI-1 50240483 M

notice and demand enter the Premises, under process of law, breaking open locked doors if
necessary to effect entrance, without liability to action for prosecution or damages for such entry
or for the manner thereof, for the purpose of distraining or levying and for any other purposes.
Section 22. Landlord's Default. If Landlord fails to perform or any obligation
required to be performed by Landlord under this Lease within 45 days after receipt of notice
from Tenant or within such longer period of time as may be necessary if such failure cannot be
cured within said 45 day period so long as Landlord commences the cure of such failure within
said 45 day period and diligently pursues such cure to completion, Tenant shall have the right,
but shall not be obligated to perform such obligation and deduct the cost of the same from the
Rent next accruing.
Section 23. Eminent Domain. If any substantial portion of the Premises is taken
under the power of eminent domain (including any conveyance made in lieu thereof) or if such
taking shall materially impair the normal operation of Tenant's business, then either party shall
have the right to terminate this Lease by giving written notice of such termination within 30 days
after such taking. If neither party elects to terminate this Lease, Landlord shall repair and restore
the Premises (to the extent possible) to substantially the same condition as the Premises existed
immediately prior to such taking and Rent shall be proportionately and equitably reduced. All
compensation awarded for any taking (or the proceeds of a private sale in lieu thereof) shall be
the property of Landlord whether such award is for compensation for damages to the Landlord's
or Tenant's interest in the Premises, and Tenant hereby assigns all of its interest in any such
award to Landlord; provided, however, Tenant shall have the right to pursue, and Landlord shall
not have any interest in, a claim for loss of business, moving expense or the taking of Tenant's
trade fixtures or equipment.
Section 24. Force Maieure. Whenever a period of time is herein described for the
taking of action by either party (except for any purely monetary obligation), the party required to
take action shall not be liable or responsible for, and there shall be excluded from the
computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, governmental laws, regulations and restrictions, or any other cause
beyond the reasonable control of such party.
Section 25. Interest and Late Charge. All installments of Rent which are not paid
within ten days of the due date thereof shall bear interest at the Default Rate (as hereafter
defined) from the date when the same is due until the same shall be paid. The "Default Rate"
shall be equal to two percentage points over the prime rate of interest published in the Wall
Street Journal, but if such rate exceeds the maximum interest rate permitted by law, such rate
shall be reduced to the highest rate allowed by law under the circumstances.
Section 26. Surrender; Holding Over. Upon the expiration or earlier termination of
this Lease, Tenant shall surrender the Premises and keys thereof to Landlord in good condition,
broom clean, reasonable wear and tear excepted, condemnation and repairs required hereunder to
be made by Landlord excepted, and damage by fire or other casualty excepted, and Tenant shall
promptly remove from the Premises all signs, trash, debris, and property of Tenant. If Tenant
remains in possession of the Premises after the expiration or termination of the Lease, with or
without Landlord's acquiescence and without any distinct lease of the parties, Tenant's
NA14502404831v2 6

occupancy of the Premises shall be a "month to month" tenancy, subject to all of the terms of this
Lease applicable to a month -to -month tenancy, except that the monthly base rent payable by
Tenant shall be increased to 125% of the base rent applicable during the month immediately
preceding such expiration or earlier termination.
Section 27. Status of Parties. It is expressly acknowledged between the parties that
the relationship between the parties is a landlord/tenant relationship, and nothing in this Lease is
intended nor shall it be construed to create an employer/employee relationship, a joint venture
relationship, or to allow Landlord to exercise control or discretion over the conduct of Tenant's
business.
Section 28. Entire Agreement. This Lease constitutes the entire Agreement of the
parties hereto. It may not be changed orally but only by an instrument writing signed by the
party against whom enforcement of any waiver, change, modification, extension or discharge is
sought.
Section 29. Non -Waiver Provisions. The failure of either party to insist upon a strict
performance of any of the terms, conditions and covenants herein shall not be deemed to be a
waiver of any rights or remedies that such party may have and shall not be deemed a waiver of
any subsequent breach or default in the terms, conditions and covenants herein contained except
as may be expressly waived in writing. The maintenance of any action or proceeding to recover
possession of the Premises, or any installment or installments of Rent or any other monies that
may be due or become due from Tenant to Landlord, shall not preclude Landlord from thereafter
instituting and maintaining subsequent actions or proceedings for the recovery of possession of
the Premises or of any other monies that may be due or become due from Tenant.
Section 30. Savings Clause. In the event any provision of this Lease is held to be
unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this
Lease which shall remain in full force and effect and enforceable in accordance with its terms.
Section 31. Notices. All notices, requests, demands and the communications required
or permitted under this Lease shall be in writing and shall be deemed to have been given if
delivered or mailed, first class, postage prepaid to the following addresses:
If to Landlord:
P.O. Box 797
Conway, South Carolina 29528
E-mail: [e-mail]
Attention: Mr. Keith A. Benton, Sr.
With a copy to:
Thompson & Henry, P.A.
1300 Second Avenue, 3rd Floor
Conway, South Carolina 29526
E-mail: [e-mail]
Attention: Catherine H. Dingle, Esq
N.V-1502404931 v2

If to Tenant:
Thomas Concrete of South Carolina, Inc.
2500 Cumberland Parkway
Suite 210
Atlanta, GA 30339
E-mail: [e-mail]
thomasconerete.com
Attention: Mr. Alan Wessel
With a copy to:
Jones Day
1420 Peachtree Street
Suite 800
Atlanta, GA 30309
E-mail: wbrowland@j'onesday.com
Attention: William Rowland, Esq.
or such addresses as Tenant or Landlord may from time to time furnish in writing
Section 32. Governing Law. This Lease and the rights and obligations of the parties
herein are governed by the laws of the State of North Carolina.
Section 33. Time. Time is of the essence with respect to the terms, conditions and
obligations provided herein.
Section 34. Waiver of Trial by Jury. TENANT AND LANDLORD HEREBY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS
LEASE OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE, OR
ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER
VERBAL OR WRITTEN) OR ACTION OF TENANT OR LANDLORD. THIS PROVISION
IS A MATERIAL INDUCEMENT FOR LANDLORD'S ENTERING INTO THIS LEASE.
Section 35. Waiver of Notice. TENANT FURTHER WAIVES THE RIGHT TO
ANY NOTICES TO QUIT AS MAY BE SPECIFIED 1N PROVISION OF LAW, AND
AGREES THAT THE NOTICES PROVIDED HEREIN SHALL BE SUFFICIENT IN ANY
CASE WHERE A LONGER PERIOD MAY BE STATUTORILY SPECIFIED.
Section 36. Counterparts; Execution Copies. This Lease may be executed in two or
more counterparts and by the different parties hereto on separate counterparts, each of which
shall be deemed an original, but all such counterparts shall together constitute one and the same
instrument. This Lease may be executed in two or more execution copies, each of which shall be
deemed an original.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANKI
NAI-15024048310

IN WITNESS WHEREFOR, the parties hereto have caused this Lease to be duly
executed as of the date first above written.
LANDLORD:
BENTON RENTALS 11, LLC, a South
Carolina lLAted liabiW comnanv„
m
l�fR'iuRykZ-_
TENANT:
THOMAS CONCRETE OF SOUTH
CAROLINA, INC., a Delaware corporation
By: _
Name:
Title:
NAI.150240483lv2

IN WITNESS WHEREFOR, the parties hereto have caused this Lease to be duly
executed as ol'the date first above written.
LANDLORD:
BENTON RENTALS II, LLC. a South
Carolina limited liability company
By: _
Name:
Title:
TENANT:
THOMAS CONCRETE OF SOUTH
CARO/LINA, INCH., a Delaware corporation
By: l�/iL�/� W
Name: Alle')
Title:
NA 1. 1502404831 %2

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