HomeMy WebLinkAboutNC0085731_Permit Modification_20160928Water Resources
ENVIRONMENTAL QUALITY
September 28, 2016
Mr. Allen Aldridge
KBS III Carillon, LLC
3003 Washington Blvd., Suite 950
Arlington, VA 22201
PAT MCCRORY
Gmema
DONALD R. VAN DER VAART
Secrernn
S. JAY ZIMMERMAN
Direeror
Subject: Minor modification of NPDES Permit NCO085731
Carillon Building Dewatering System
Mecklenburg County
Dear Mr. Aldridge:
The Division has received and approved your request to transfer ownership of the subject permit.
As a result, the Division hereby reissues NC0085731. This permit modification is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended). Insert the attached page into your permit and discard the old page.
This modified permit includes the following changes from your current permit:
➢ Change of ownership from Hines Charlotte Carillon LP to KBS III Carillon, LLC, a Delaware
limited liability company.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
This permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by any other Federal, State, or Local governmental
regulation. If you have any questions concerning this matter, please contact Brianna Young at (919) 807-
6388 or via e-mail [brianna.young@ncdenr.gov].
cc: Central Files
Mooresville Regional Office
NPDES File
Mecklenberg County DEP
KBS Realty Advisors
KBSIH Carillon, LLC
mce ly,
ay Zimmerman, D'
Division of Water Resources
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https://deq.nc.gov/aboutldivisionstwater-resourceslwater-resources-pennitslwwtmater-branchlnpdes-wastewater-permits
Permit NCO085731
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
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,
KBS III Carillon, LLC, a Delaware limited liability company
is hereby authorized to discharge wastewater from a facility located at
The Carillon Building dewatering system
227 West Trade Street
Charlotte
Mecklenburg County
to receiving waters designated as an unnamed tributary [storm sewer) to Irwin Creek
in subbasin 03-08-34 of 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 September 28, 2016.
This permit and authorization to discharge shall expire at midnight on June 30, 2020.
Signed this day September 28, 2016.
S,/J Zimmerman, Director
nivision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
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.
KBS III Carillon, LLC is hereby authorized to:
1. Continue to operate an existing 0.0316 MGD wastewater treatment system that
includes the following components:
♦ Surge tank
♦ Two carbon absorption units
The facility is located at The Carillon Building (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, currently classified C waters in the Catawba
River Basin.
Page 2 of 6
Permit NCO085731
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
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:
PA�iAMETER
11MIT�
MONIT,RIN GREQUIEMNTS
_
CS_Code
Monhly
AvOm a
Yileek{y
Avera e _
Daily:
maximum._
Measumment
#requen' -
Sample T
mple Location .
[5005 0
5005
0.0316 MGD
Monthly
Instantaneous
Effluent
Tetrachloroethene
83891
3.3 Ng/l
Quarterly
Grab
Effluent
Iron
01045
Quarterly
Grab
Effluent
Manganese
01055
Quarterly
Grab
Effluent
Chronic Toxicity3
_T
GP36
Quarterly
Composite
Effluent
Footnotes:
1. No later than 270 days from the effective date of this permit, the permittee shall begin
submitting discharge monitoring reports electronically using the Division's eDMR system
[see A. (3)].
2. 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.
3. Refer to A. (2)).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2) CHRONIC TOXICITY PERMIT LIMIT (Quarterly)
[15A NCAC 02B.0200 et seq.]
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, guarterlmonitoring using test procedures
outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised
December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be
performed during the months of March, June, September, and December. These months
signify the first month of each (three-month) toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge
and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
Page 3 of 6
Permit NC0085731
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 -December
2010) 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, DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh, NC 27699-1623
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section 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 Water Sciences Section 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. Assessment of toxicity compliance is
based on the toxicity testing quarter, which is the three month time interval that begins on
the first day of the month in which toxicity testing is required by this permit and continues
until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North
Carolina Division of Water Resources 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.
Page 4 of 6
Permit NCO085731
A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1 (b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and specify that, if a state does not establish a system to receive such submittals,
then permittees must submit DMRs electronically to the Environmental Protection Agency
(EPA) . The Division anticipates that these regulations will be adopted and is beginning
implementation.
NOTE: This special condition supplements or supersedes the following sections within Part II
of this permit (Standard Conditions for NPDES Permits):
• Section B. Signatory Requirements
(11.)
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting [Supersedes Section D. (2.) and Section E. (5.1 (aj]
Beginning no later than 270 days from the effective date of this permit, the permittee
shall begin reporting discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required to
complete the eDMR submission by printing, signing, and submitting one signed original
and a copy of the computer -printed eDMR to the following address:
NC DENR / Division of Water Resources / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, NC 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES electronic
reporting requirements may be granted and discharge monitoring data may be submitted
on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above.
Requests for temporary waivers from the NPDES electronic reporting requirements must
be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin using eDMR.
Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At
Page 5 of 6
Permit NCO085731
such time, DMRs shall be submitted electronically to the Division unless the permittee re-
applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic
reporting requirements is found on the following web page:
htty : / / portal.ncdenr. org / web / wq / admin / bog/ ipu / e dmr
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the
month following the commencement of discharge.
2. SWnatory Requirements [Supplements Section B. 111.1 (b) and supersedes
Section B. (11.1 (d)J
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II, Section B. (11.) (a) or by a duly authorized representative of that
person as described in Part II, Section B. (11.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
htty://Portal.ncdenr.org/web/wq/admin/bog/ivu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.22). NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations. "
3. Records Retention [Supplements Section D. (6.0
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years
from the date of the report. This period may be extended by request of the Director at any
time [40 CFR 122.41 ] .
Page 6 of 6
a
Hines
September 6, 2016
VIA FEDEX
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
To whom it may concern:
SEP 06 ;
Enclosed please find a completed permit name/ownership change form and all
supporting information and documents as required and in regards to the property at
227 West Trade Street, Charlotte NC 28202.
The Grantor in this case is Hines Charlotte Carillon LP, to the Grantee, which is
KBS Carillon, LLC.
If you have any questions please do not hesitate to contact me at 704.714.1100 or
Jesse.amundson(c hines.com.
Sincerely,
Jesse Amundson
General Manager
Hines
Enclosure: Permit Name/Ownership Change Form
Supporting Documents
Carillon
227 West Trade Street, Suite 330
Charlotte, North Carolina 28202
P 704.714.1100
F 704.714.1105
PAT MCCRORY
1;,n-un...
DONALD R. VAN DER VAART
_ WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL OLALITY
/)vtt'/Vr
PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number: NC00 8 / 5 / 7 / 3 / 1 or NCGS / / / /
1. Facility Name: Carillon Building dewatering system
11. NEW OWNER/NAME INFORMATION:
RECI IVEDINCD-r_QIDVVk
1. This request for a name change is a result of:
—X_a. Change in ownership of property/company SEP 0 b 2016
v` 2te; QuaMy
b. Name change only Permitting Section
c. Other (please explain):
2. New owner's name (name to be put on permit):
KBS III Carillon, LLC, a Delaware limited liability company
3. New owner's or signing official's name and title: Allen Aldridge
(Person legally responsible for permit)
Senior Vice President
(Title)
4. Mailing address: 3003 Washington Blvd., Suite 950 City: Arlington
State: VA Zip Code: 22201 Phone: (202) 552-7553
E-mail address: aaldridgeitlkbs.com
With copies to:
KBS Realty Advisors KBSIII Carillon, LLC
800 Newport Center Drive, Suite 700 c/o Hines Interests Limited Partnership
Newport Beach, CA 92660 227 West Trade Street, Suite 330
Attn: Asset Manager— The Carillon Charlotte, NC 28202
Attn: General Manager
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https:Hdeq.nc.gov/about/d ivisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
37097458.1
NPDES Name & Ownership Change
Page 2 of 3
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
Version 712016
37097458.1
NPDES Name & Ownership Change
Page 3 of 3
Applicant's Certification:
I, Allen Aldridge, 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 and
attachments are not included, this application package will be returned as incomplete.
Signature: owuDate:
THE COMPLETED APPLICATION ACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 712016
37097458.1
Prepared by and upon recording return to:
Virginia Worthy, Esc}.
Sutherland Asbill & Brennan LLP
999 Peachtree Street NE, Suite 2300
Atlanta, GA 30309
Brief Description for the index
The Excise Tax: $294,000.00
PIN:07301201
The Property conveyed by this Deed does NOT include the primary residence of the Grantor
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made JanuaryI-J , 2016, by and between
GRANTOR
Hines Charlotte Carillon LP,
a Delaware limited partnership
whose mailing address is
c/o Hines Advisors Limited Partnership
2800 Post Oak Boulevard, Suite 4800
Houston, Texas 77056
GRANTEE
KBSM Carillon, LLC,
a Delaware limited liability company
whose mailing address is
c/o KBS Capital Advisors LLC
P.O. Box 28270
Santa Ana, CA 92799
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 contgrt.
'QCrTTTqE S l that Valo�id'b���-th �h��yN, Die cnsida ip-ack=wledge has aud by these- Fiese, bargain; seff and uunvey unto the (hatrUx in fee shnpk, aU that
-
32390926.2
OC 287508715► 2
certain lot or parcel of land (the "Land") situated in the City of Charlotte, Mecklenburg County, North Carolina and
more particularly described as follows:
See Exhi ft A attached hereto and made a part hereof by reference.
The Land hereinabove described was acquired by Grantor by instrument recorded in Book 22470, Page 175,
Mecklenburg County Registry.
A map showing the above described Land is recorded in Map Book 58, at Page 113, in the Office of the Register of
Deed for Mecklenburg County, North Carolina.
TO HAVE AND TO HOLD the aforesaid lot or parcel of Land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received,
and Grantor will wan: -ant 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 Land hereinabove described is subject to the following exceptions:
See Exhibit B attached hereto and made a part hereof by reference.
[Signature on following page]
32390926.2
OC 287508715v2
IN WITNESS WHEREOF, the Grantor has caused this instrument to. be signed in its name under seal and
delivered as of the date indicated on the first page of this Deed.
C"T41103
HINES CHARLOTTE CARILLON LP
By: Hines Charlotte Carillon GP LLC
a Delaware limited liability company
its general partner
ty: (SEAL)
ame:
Title: Key4ns
Krsvir% , �/li cmea p
Mlanager
State of e
County of P
1, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person
personally appeared before me this day and acknowledged to me that he/she voluntarily signed the foregoing
document f he purpose stated therein and in the capacity indicated:
Date: 0
f
My commission expires: 1 `�
J
Rotary Pab c
f iix Notary tamp or Seal] Print Name: aC
00
_*MY COMMISSION EXPIRES
f
FEBRUARY 16, 2018
3
32390926.1
Exhibit A
Lying and being situated in the City of Charlotte, Mecklenburg County, North Carolina, being all
of Lot 1, as shown on plat entitled "Plat of 201 and 227 West Trade Street, Map 1" recorded in
Map Book 58 at Page 113, in the Office of the Register of Deeds for Mecklenburg County, North
Carolina.
4
323909262
OC 287508715v2
Exhibit B
1. Taxes for the year 2016 due and payable and all subsequent years, a lien not yet
due and payable.
2. Easements and any other facts as shown on plat recorded in Map Book 58, Page
113, Mecklenburg County Registry, as such easements are depicted on that
certain ALTA/ACSM Survey prepared by R.B. Pharr & Associates, P.A., as Job No.
84133, dated November 18, 2015, last revised January 12, 2016 (the "Survey°).
3. Easement to Kessler Trade Street, LLC, a Delaware limited liability company,
pursuant to that certain Easement and Covenant Agreement recorded in Book
30218, Page 854, Mecklenburg County Registry, as depicted on the Survey.
4. The terms, provisions and easements contained in the document entitled
"Easement and Covenant Agreement ", executed by and between Hines
Charlotte Carillon, LP. a Delaware limited partnership and Kessler Trade Street,
LLC, a Delaware limited liability company, dated August 18, 2015 and recorded
August 16, 2015 as Book 30218, Page 854 of Mecklenburg County Registry.
5. Terms -and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Bell, Davis & Pitt, P.A., a
North Carolina professional association dated August 31, 2009 as evidenced by a
Memorandum of which is recorded In Book 25080, Page 673, Mecklenburg
County Registry.
6. Terms and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Crescent Resources, LLC,
a Georgia limited liability company dated May 13, 2010 as evidenced by a
Memorandum of which is recorded in Book 25714, Page 324 , Mecklenburg
County Registry.
7. Terms and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Greer & Walker, L.L.P., a
North Carolina limited liability company dated September 22, 2010 as evidenced
by a Memorandum of which is recorded in Book 25996, Page 606, Mecklenburg
County Registry.
8. Terms and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Brown Brothers
Harriman & Co., a New York limited partnership dated August 28, 2014 as
evidenced by a Memorandum of which is recorded in Book 29915, Page 348 ,
Mecklenburg County Registry.
9. Terms and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Leerink Holdings LLC, a
Delaware limited liability company dated August 19, 2015 as evidenced by a
Memorandum of which is recorded in Book 30220, Page 300, Mecklenburg
County Registry.
10. Terms and provisions of that certain unrecorded Lease executed by Hines
Charlotte Carillion LP, a Delaware limited partnership to Kessler Trade Street,
LLC, a Delaware limited liability company dated August 18, 2015 as evidenced
by a Memorandum of which is recorded in Book 30218, Page 884 , Mecklenburg
-- - - - --_ - --. CountyRegistry: --- ---- - -
__ Te'ns..and._.-Drovisions of that certain unrecorded Lease executed -.by SRI Two _
Carillion LLC, a Delaware limited liability oompany -to LS3P Associates LTD., a
South Carolina corporation dated November 12, 2003 as evidenced by a
Memorandum of which is recorded in Book 16580, Page 779, Meddenburg
County Registry.
5
32390926.2
OC 287508715v2
12. Right(s) of way to Southern Bell Telephone and Telegraph Company recorded in
Book 6279, Page 640, Mecklenburg County Registry,
13. Easement to Duke Power Company recorded in Book 6589, Page 628,
Mecklenburg County Registry, as approximately depicted on the Survey.
14. Contract Encroachment Right of Way between the City of Charlotte and Hesta
Associates limited Partnership recorded in Book 6573, Page 567 and Book 7849,
Page 19, Mecklenburg, s approximately depicted on the Survey County Registry.
15. Easement to ICG Access Services - Southeast, Inc., a Delaware corporation
recorded in Book 7963, Page 423, Mecklenburg County Registry.
16. Lease and Agreement relating to Art recorded in Book 8308, page 639,
Mecklenburg County Registry; as extended by unrecorded Extension of Lease
and Agreement relating to Art dated August 1, 2005.
17. Rights of parties in possession, as tenants only, under unrecorded leases, which
rights do not include any rights of first refusal or options to purchase all or any
portion of the Land.
18. The following matters disclosed by an ALTA/ACSM survey made by R.B. Parr &
Associates, P.A. on November 18, 2015 and last revised January 12, 2016,
designated Job No. 84133:
a) 18"corrugated metal pipe crosses the eastern boundary line.
�L
323909262
OC 287508795v2
Weaver, Charles
From: Weaver, Charles
Sent: Monday, May 16, 2016 12:13 PM
To: 'david.jarvis@hines.com'
Cc: 'aquarles@smeinc.com'; Bell, Wes
Subject: status of ownership change for NC0085731?
Attachments: N O C Form 2015.doc
Mr. Jarvis — I wanted to contact you based upon a conversation I had with At Quarles. This regards the new owners of
the Carillon Building, and how that ownership change affects a permit requirement.
NCO085731 was renewed last year, and contained the following requirement in Part I A. (3):
1. Reporting [Supersedes Section D. (2.1 and Section E. (5.1 (all
Beginning no later than 270 days from the effective date of this permit, the permittee shall begin
reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge
Monitoring Report (eDMR) internet application.
NCO085731 took effect on September 1, 2015. The 270-day deadline is therefore May 28, 2016.
We understand that there has been a change in ownership of the facility. To date, the Division has not received a
request to update the permit Owner.
In order to meet the May 28" deadline, the Owner must be updated so that the eDMR registration process can be
completed.
Please let us know who the new owners are, and what contact information we should use. I have attached the Name &
Ownership change form for your use.
Charles H. Weaver
Environmental Specialist
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919-807-6391
charles.weaver(cD,ncden r.00v
(physical address) 512 North Salisbury Street, Raleigh, NC 27604
(mailing address)1617 Mail Service Center, Raleigh, NC 27699-1617
!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.