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January 15, 2008
ENGINEERING MANAGER
HINFS CHARLOTTE CART MON LP
227 W TRADE STREET
SUITE 330
CHARLOTTE NC 28202
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colee a H. Sullins, Director
Division of Water Quality
Subject NPDES Permit Modification- Name and/or
Ownership Change
Permit Number NCO085731
Carillon Building
Mecklenburg County
Dear Mr. Stinar.
Division personnel have reviewed and approved your request to transfer ownership of the subject permit
received on January 8, 2008. This permit modification documents the change of ownership.
Please find enclosed the revised permit All other terns and conditions contained in the original permit remain
unchanged and in full effect This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083,extension 363.
Sincerely,
(OX Col
een H. Sullins
cc Central Files
Mooresville Regional Office, Surface Water Protection
NPDES Unit File NCO085731
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet h2o.erustatanaus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877623-6748
An Equal Gpporlunity/Afimtative AtBon Empbyer— 50% Recyded/10% Post Consumer Paper
Permit NCO085731
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Hines Charlotte Carillon, LP
is hereby authorized to discharge wastewater from a facility located at the
The Carillon Building
227 West Trade Street
Charlotte
Mecklenburg County
to receiving waters designated as Irwin Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective January 15, 2008.
This permit and authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day January 15, 2008.
fe oleen H. :SjulKlins,&DiUrector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NCO085731
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or
discharge are hereby revoked. As of this permit issuance, any previously issued
permit bearing this number is no longer effective. Therefore, the exclusive authority
to operate and discharge from this facility arises under the permit conditions,
requirements, terms, and provisions included herein.
Hines Charlotte Carillon, LP is hereby authorized, to:
1. Continue to operate an existing 0.0316 MGD wastewater treatment system with
the following components:
♦ Surge tank
♦ Two carbon absorption units
The facility is located at the Carillon Building at 227 West Trade Street, Charlotte
in Mecklenburg County.
2. Discharge from said treatment works at the location specified on the attached
map into a storm sewer to Irwin Creek, classified C waters in the Catawba River
Basin.
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Facility
Latitude: 35"13'39' Stream Class: C
Location
Longitude:80°50'14" Subbasin:30834
Quad # G15NE
Receiving Stream: Irwin Creek
NC0085731-Hines Charlotte Carillon, LP
Carillon Building - Mecklenburg County
Permit NC0085731
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of this permit and lasting until expiration,
the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
. .,
.,,LIMITS
MONITORING REQUIREMENTS
_
Months y
Average
,.
Weekly
Avera a
Daily
-Maximum
Measurement
. .
Frequency
Sample Type
Sample Location
Flow'
0.0316 MGD
Monthly
Instantaneous
Effluent
Tetrachloroethene
Quarterly
Grab
Effluent
Iron
Quarterly
Grab
Effluent
Manganese
Quarterly .
Grab
Effluent
Chronic Toxic1ty2
Quarterly
Composite
Effluent
Footnotes:
1. All volumes of wastewater leaving the facility shall be monitored. If continuous flow
monitoring is not feasible, then the discharger shall record the approximate time that
discharge began and ended, along with the instantaneous flow at the time of the
effluent sampling.
2. Refer to A. (2.)).
There shall be no discharge of floating solids or visible foam in other than trace amounts
Permit NCO085731
A (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent- discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 90%
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998,
or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of
March, June, September & December. Effluent sampling for this testing shall be performed at the
NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below
the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the
two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised -February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the. Effluent
Discharge Monitoring. Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ
Form AT-3 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
the report with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Environmental Sciences Branch at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Should any test data from this monitoring
requirement or tests performed by the North Carolina Division of Water Quality indicate potential
impacts to the receiving stream, this permit may be re -opened and modified to include alternate
monitoring requirements or limits.
NOTE. Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of the initial monitoring.
Memorandum
To: Charles Weaver
From: Jetta Gill 19
IITT YOAIZIIi
Re: Carillon — change in building owner
Hines Mr. Weaver,
Enclosed is our application for change of ownership for Carillon, 227 W. Trade
Street, Charlotte, NC 28202.
I have included the Warranty Deed as requested.
The Carillon Permit still lists a prior owner, Shorenstein Realty Services, who sold
the building to Cornerstone Carillon LLC, who in turn sold Carillon to Hines
Charlotte Carillon LP. Cornerstone failed to submit the proper documents for their
name change.
Please let me know if there is anything else required to have the Permit registered to
the current owner, Hines Charlotte Carillon, LP.
J A N - 8 2008
Carillon 227 West Tnde St, Suite 330 Clw1otte, NC 28202 (704-714-1100) (704-714-1105) FAX
FOR REGISTRA7IoN JUUIfN A GIBSON
KEBRQTY�MECLNUG
2007 JUL OFDEED
02.20 PM
SK:22470 PG:175-180'FEE•$26.00
EXCISE TAX:$280,000.00
INSTRUMENT # 2007136057
2007136057
Prepared by: Day Pitney LLP
Return to: King & Spalding LLP
1180 Peachtree Street NE
Atlanta, Georgia 30309
Attn: D. Clayton Howell, Esq.
Grantee's Address: Hines Charlotte Carillon LP
c/o Hines Interest Limited Partnership
2800 Post Oak Boulevard, Suite 5000
Houston, Texas 77056-6118
Tax Parcel No.: 07301201
Excise Stamps: $280,000.00
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made as of thisp�N� day of- f 1- 2007, by and between
CORNERSTONE CARILLON LLC, a Delaware limited liability company, Grantor, and
HINES CHARLOTTE CARILLON LP,, a Delaware limited partnership, Grantee. The
designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context;
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, those certain lots or parcels of land situated in
41788340.4 220018-004210
June 28, 2007 607 PM
:t 216 MA
Mecklenburg County, North Carolina and more particularly described on Exhibit A
attached hereto and incorporated herein by reference.
The property hereinabove described was acquired by Grantor by instrument recorded in
Book 18136 at Page 6458 of the Mecklenburg County Public Registry.
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all
privileges and appurtenances thereto belonging to the Grantee in fee simple.
AND THE GRANTOR covenants with the Grantee, that the Grantor has done
nothing to impair such title as Grantor received, and Grantor will warrant and defend the
title against the lawful claims -of all persons claiming by, under or through Grantor,
except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
See Exhibit B attached hereto and made a part hereof.
[SIGNATURE ON FOLLOWING PAGE]
42788340.4 220018-004210 - 2
June 28, 2007 6:07 PM
IN WITNESS WHEREOF, the Grantor has hereunto set his hand or if corporate,
has caused this instrument to be signed in its corporate name by its duly authorized
officers by authority of its Board of Directors, the day and year first above written.
CORNERSTONE CARILLON LLC, a Delaware
limited liability company
By: Cornerstone Rotational Venture, LLC, its
Sole Member and Manager
By: Cornerstone Real Estate Advisers LLC,
its Manager
By:
Name: Steven F. Jacol6s
Title: Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD
to 'CffuZ , a Notary Public of the County and State aforesaid, certify
that Steven F. Jacobs, either being personally known to me or proven by satisfactory
evidence (said evidence being ), personally appeared before me this day
and acknowledged that he is Vice President of Cornerstone Real Estate Advisers LLC,
Manager of Cornerstone Rotational Venture, LLC, the sole member and manager of
CORNERSTONE CARILLON, LLC, a Delaware limited liability company, and that by
the authority duly given and as the act of Cornerstone Real Estate Advisers LLC, on
behalf of Cornerstone Rotational Venture, LLC, on behalf of CORNERSTONE
CARILLON, LLC, voluntarily executed the foregoing instrument, on behalf of said
limited liability company for the purposed stated herein.
WITNESS my hand and official stamp or seal, this Qa'day of June, 2007.
SK-Q"� �'�
Notary Public
My Commission Expires:
SHE1LA GRuz
W WSWWE7PMA&SI'm
41788340.4 120018-004210 — 2
JUSIC 20, 2007 6t14 PM
n
r
EXHIBIT A
Legal Description
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina, being all
of Phase 1 and Phase 2 as shown in Map Book 23, page 733, and Map Book 29, page 387,
Mecklenburg County Registry and more particularly described as follows:
Beginning at an existing nail located at the point of intersection of the southwesterly
margin of the right-of-way of West Trade Street with the southeasterly margin of the right-of-way
of South Poplar Street and runs thence from the point and place of beginning with the
southwesterly margin of the right-of-way of West Trade Street the following two (2) courses and
distances: (1) South 42-23-15 East 259.61 feet to a new nail; and (2) South 42-19-16 East 109.08
feet to an existing nail in the northwesterly margin of the right-of-way of South Church Street;
thence with the northwesterly margin of the right-of-way of South Church Street South 50-28-52
West 204.25 feet to an existing nail marking the easternmost corner of the land conveyed to First
Citizen's Bank and Trust Company by deed recorded in Book 5679, Page 349, Mecklenburg
County Public Registry; thence with the boundary of the First Citizen's Bank and Trust Company
land the following five (5) courses and distances: (1) North 41-14-02 West 103.85 feet to an
existing iron rod; (2) North 50-39-08 East 2.47 feet to an existing iron rod; (3) North 41-14-02
West 35.00 feet to a new iron rod; (4) North 42-1345 West 66.58 feet to an existing iron rod; and
(5) South 50-29-08 West 188.82 feet to a new nail in the northeasterly margin of the right-of-way
of West 4d' Street; thence with the northeasterly margin of the right of way of West 0 Street the
following two (2) courses and distances: (1) North 42-54-30 West 65.94 feet to a new nail; and
(2) North 42-46-15 West 74.84 feet to a new nail at the beginning of the turnout leading from
West 4`h Street into South Poplar Street; thence with the turnout leading from West 4`h Street into
Poplar Street with the arc of a circular curve to the right having a radius of 29.00 feet (and a
chord bearing North 16-02-31 West, a chord distance of 26.34 feet), an are distance of 27.34 feet
to an existing nail in the southeasterly margin of the right-of-way of South Poplar Street; thence
with the southeasterly margin of the right-of-way of South Poplar Street the following two (2)
courses and distances: (1) North 50-43-58 East 163.57 feet to an existing nail; and (2) North 50-
45-43 East 213.67 feet to the point and place of beginning, containing 2.4077 acres or 104,878
square feet, more or less, designated as Phase 1 and Phase 2 on that certain survey entitled
"ALTA/ACSM Land Title Survey Prepared For: Hines Charlotte Carillon, LP; Hines Interests
Limited Partnership; and First American Title Insurance Company Re: Carillon Building" by
R.B. Pharr & Associates, P.A. dated April 4, 2007, last revised June 25, 2007 under file No. W-
1071G, Job No. 71235.
42788340.4 220018-004210
June 28, 2007 6:07 PM
C�Or VRrEg0G
r
h
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit
(or)
Certificate of Coverage
N I C I O
N
C I G
H. Permit status prior to status change.
a. Permit issued to (company name):
II
S n v re l i s fe t n
e c�- �y
.L h ✓e 5 fa V5
b. Person legally responsible for permit
1/-3 r v x
k ♦'4
First
C_U^1- vn -e r c age h-P
/ MI / Last
(�� r. 0 h L y
/� / 1/"
0. 11
S
/� Permit Holder Mailing Address
l k oL y- 't /UC
—1 a;-6 %
City
(70 Y) 71Y //od
State
(70)
Zip
71Y // A
Phone
Fax
c. Facility name (discharge):
(r a Y r / 1 0 N
d. Facility address:
o`! a -7 L-) .
1 Y Q 44
.
Address
I
C7�OY�l l�2
/9C
y p
oc(JoZ�z
City
State
Zip
e. Facility contact person:
J e-{!A_ W
7i Y - �lao
First / MI / last
Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: Change in ownership of the facility
❑ Name change of the facility or owner
Iforherplease explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
Oh ,L
Y-
�ntt Le L. lilant 4eY-
Ti e
j. Su;� 3�0
��,//
Permit Holder Mailing Address
C. k(tI-Ie)q-Q /UC .2-c.�-o -I-
city State Zip /
Y-/10d /arr�— s Fi liar e ilIhe5 _ Gvrn
Phone &mail A dress
d. Facility name (discharge): C el Y t 116 h
e. Facility address: 2 % l % YA ej k S
Address
C �.a.-1ATFe A �Ssay�
City 'rI State Zip
f. Facility contact person: Vtt t° rt e,_ W • �%
First / MI / Last II
(70Y)71V 1/00
Phone �-mae�4sv nrK{S. L01�t
il Address
- S 1) G8
Revised 7/2005
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact:
"lla rF v /I lG kr a v ✓'
�. Su:�e 336
FA
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
7this wnership or name change?
Yes
❑ No (please explain)
VI. Required Items: THISAPPLICATION WILL BE RETURNED UNPROCESSED IFITEMS ARE
INCOMPLETE OR MISSING.
❑ This completed application is required for both name change and/or ownership change requests.
Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill
of sale) is re aired for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and the new
applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATIO�(Perm'l holder prior to ownership change):
I, / a V e `9 attest that this application for a name/ownership
change has been leviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be repqmed as incomplete.
Al
Signature Date
APPLICANT CERTIFICATION:
I, J e- go- (.) . t5- 1( , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as i omplete.
Signature Datc
...................
PLEASE SEND TIC COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
l; MAIMIN