Loading...
HomeMy WebLinkAboutNCS000136_COMPLIANCE_20180213---. ---STORMWATER-DIVISI'ON-CODING SHEET --- PERMIT NO. NC S 000 ) i� DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION X COMPLIANCE ❑ OTHER DOC DATE ❑ ,% 0 � ) � YYYYM M D D • L h y,a Energy, Mineral and Land Resources EINVIROMMUNTAL QUALITY Mr. Timothy M. Goodman SpecGx, LLC 8801 Capital Blvd. Raleigh, N.C. 27616 Dear Mr. Goodman: ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. TOBY VINSON, JR. Interim Director February 13, 2018 �EIVED FEB 14 2018 CENTRAL FILES MVR SECTION Subject: NPDES Stormwater Permit NCS000136 SpecGx, LLC Formerly Mallinckrodt, LLC Wake County Division personnel received your request to revise your stormwater permit to accurately reflect your new company and/or facility name. Find enclosed the revised permit cover page. The terms and conditions contained in the Individual Permit remain unchanged and in full effect. This revised permit cover page 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. Please note that the permit cover page reflects the original date of expiration as November 30, 2016. We did receive the renewal application for this permit on June 3, 2016 and currently have a back log of renewals that we are working through. Please continue to abide by the conditions of the expired individual permit until a new permit is issued for this facility. State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources Central Office j 1612 Mail Service Center 1. Raleigh, NC 27609 919 707 9200 If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, 76rWilliam E. Toby Vinson, Jr., PE, CPESC, CPM Interim Director Division of Energy, Mineral and Land Resources cc: Raleigh Regional Office Stormwater Permitting Program Central Files NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DEMLR has the followine contact information in our Permit Database for your aermit as of 2/13/201$. Permit Number: NCS000136 Permit Type: Stormwater Dischargg, Individual Facility Name: r h Mmaceutical Plant Facility Addressl: 8801 Canital_Blvd Facility Address2: City, State & Zip: Raleioh. KC 27616 Owner Information Details: MUST submit a Chaege of Nsme/Ownerslt/p form to QEMLR to make any changes to this Ciwner InTprrttation. See "Mlscellaneous Forms" at httM/ .onai.ncaenr.oralweb/Irinpgsati ormwaxet Owner Name: Soecgx LLC owner Type: Non -Government Owner Type Group: 4[aanization Owner Affiliation: -nmothv M Goodman Title: Addressi: 8801 Capital Blvd Address2: City, State & Zip: Raleigh. NC 27616 Work Phone: 9,19-878-2822 Fax: 919-878-2823 Email Address: tim.goodman(mmallinckrodt.com *** P.ertnii Annual F,ee Bllling *** Billing Month: Setstember Invoice_Number In Phon EM %il Iaclllty Contact Persons+) Contact Name _ IIU2 _ Address Phone FAX 9MAH Tim Roberts 8801 Capital Blvd, Raleigh, NC 27616 919-878-2895 919-878-2823 tim.roberts@mallinckr odt.com permlt Contect Persons) Contagt Ilil>3 MiS Addres Phone E" F.mXll Tim Roberts 8801 Capital Blvd, Raleigh, NC 27616 919-878-2895 919-878-2823 tim.roberts@tycoheal thcare.com erml Bllling Confect Contact Name Ift Address phone FAX loll rim Roberts 8801 Capital Blvd, Raleigh, NC 27616 919-878-2800 2/13/2018 Page i t Division of Energy, Mineral & Land Resources �A Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System NCDENR NOMV1 CAROLING CE TMCNT OF EWN MC MONO ftl RCC PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. FOR AGENCY USE ONLY Date Received Year Month Da NPDES Permit (or) Certificate of Coverage 0 1 0 1 1 13 1 6 Ci II. Permit status prior to requested change. a. Permit issued to (company name): Mallinckrodt LLC b. Person legally responsible for permit: _ Timothy M Goodman First MI Last Site Director DEC 11201� DENR-Ukt4D QL1AL1r1�0 STORMWASER PER c. Facility name (discharge): d. Facility address: e. Facility contact person: Title 8801 Caoital Boulevard Permit Holder Mailing Address _ Raleigh NC 27616 _ City State Zip (919) 878-2822 (919) 878-2823 Phone Fax Mallinckrodt LLC 8801 Caoital Boulevard Address Raleigh NC 27616 City State Zip Timothy D. Roberts (919) 878-2895 First / MI / Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of. ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: d. Facility name (discharge): c. Facility address: £ Facility contact person: SpecGx LLC Timothv M Goodman First MI Last Site Director Title 8801 Capital Boulevard Permit Holder Mailing Address Raleigh_ NC 27616 City State Zip (919) 878-2822 timothy.goodman@mallinckrodt.com Phone E-mail Address Mall inckrodt-Ralei h Pharmaceutical Plant 8801 Caoital Boulevard Address Raleigh_ NC 27616 City State Zip Timothy D Roberts First MI Last (919) 878-2895 tim.roberts@mallinckrodt.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised San. 27. 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Timothy D Roberts rirst MI Last Principal Environmental Enaineer Title / 8801 Capital Boulevard y/ Mailing Address Raleigh NC 27616 City State Zip (919) 878-2895 tim.roberts@mallinckrodt.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) V1 Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. j� Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Timothy M. Goodman, 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 ill be returned as incomplete. l 7 L-4-017 Signature Date APPLICANT CERTIFICATION I, Timothy M. Goodman, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be turned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Sew+ V /�� ,x�re5s `�-;_� 7767?Z)3�5 Revised Jan, 27, 2014 Excise Tax Tax Lot No. Recording Time, Book and Page Parcel Identifier No. 1728813805, 1728814800, 1728817928, 1728843117, 1728825093, 1728828027, 1728817266, 1728914918, 1728826294, 1728824048, 1738161048, 1738150018, 1728813606, 1728912468, 1728728280,1728724587 Verified By County on the day of , 201_ By Mail after recording to: Mallinckrodt LLC, 675 McDonnell Boulevard, Hazelwood, Missouri 63042 This instrument was prepared by: Mallinckrodt LLC, 675 McDonnell Boulevard, Hazelwood, Missouri 63042 Brief description for the Index: NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made as of the 2nd day of December, 2017, by and between GRANTOR Mallinclirodt LLC, a Delaware limited liability company 675 McDonnell Boulevard Hazelwood, Missouri 63042 SLC-8436663-1 Raleigh, NC GRANTEE SpecGx LLC, a Delaware limited liability company 385 Marshall Avenue Webster Groves, Missouri 63119 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. The property herein conveyed is not the personal residence of Grantor. WITNESSETH, that the Grantor, for a valuable consideration, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Raleigh, Wake County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein. The property hereinabove described was acquired by Grantor by instrument recorded in Book 8529, Page 944, Wake County, North Carolina Records. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title.to the property hereinabove described is subject to easements, restrictions, and other matters of record. This transfer is between affiliated entities, and no money is due or paid by the Grantee to the Grantor. [Remainder of Page Intentionally Left Blank] SLC-8436663-1. Raleigh, NC IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. MALLINCKRODT LLC, a Delaware limited liability ompany By: Name: C, Ste en Kri h , Title:_ Vice President & As. ', tant Secretary STATE OF MISSOURI ) ) ss. COUNTY OF ST. LOUIS ) 1, a Notary Public of the County and State aforesaid, certify that C. Stephen Kriegh personally came before me this day and acknowledged that he.is the Vice President & Assistant Secretary of Mallinckrodt LLC, a Delaware limited liability company, Grantor, and that by authority duly given and as the act of the limited liability company, the foregoing instrument was signed in its name. Witness my hand and official stamp or seal, this 21b day of W wrn Gr , 2017. (Official seal.) Notary Public ANGELA J. SI MAN Nota Public -Notary Seal Slate o1 Mlssouri Commissioned for St. Charles county toy Commission Expires: August 13. 2016 Commission Number:1451569 SLC-9436663-1 Ralcigh, NC Exbibit A to Deed (Legal Description) FIRST TRACT: BEGINNING AT A CONCRETE MONUMENT IN THE WESTERN LINE OF THE RIGHT OF WAY OF THE SEABOARD COASTLINE RAILROAD IN THE NORTHERN LINE OF THE PROPERTY OF GENE H. MUELCHI, NOW OR FORMERLY; AT THE INTERSECTION OF NORTH CAROLINA PLANE COORDINATES N(Y) 782,700.985 AND E(X) 2,127,941.689, AND RUNNING THE FOLLOWING COURSES AND DISTANCES: (1) NORTH 79° 50' 07" WEST 1934.93 FEET TO A STAKE; (2) NORTH 000 40' 19" WEST 1245.53 FEET TO A STAKE; (3) NORTH 860 52' 35" WEST 276.64 FEET TO A STAKE; (4) NORTH 680 30' 41" WEST 179.09 FEET TO A STAKE; (5) NORTH 010 03' 29" EAST 621.89 FEET TO A STAKE SITUATED ON THE SOUTH SIDE OF A BRANCH; (6) NORTH 010 03' 29" EAST TO THE CENTER LINE OF SAID BRANCH; (7) IN A NORTHERLY AND NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF SAID BRANCH TO A POINT,' (8) NORTH 180 59' 38" EAST TO A STAKE SITUATED ON THE NORTH SIDE OF SAID BRANCH; REFERENCE LINE A: SAID LINE REPRESENTED BY CALLS NUMBERED (6), (7) AND (8) BEING REFERENCED BY A TRAVERSE LINE RUNNING FROM THE STAKE AT THE TERMINUS OF CALL NUMBER (5) SITUATED ON THE SOUTH SIDE OF SAID BRANCH DESCRIBED AS FOLLOWS: (A) NORTH 270 00, 20" EAST 295.26 FEET TO A POINT, (B) NORTH 220 20' 21" EAST 137.06 FEET TO A POINT, (C) NORTH 440 48' 47" EAST 445.09 FEET TO A POINT AND (D) NORTH 69° 35' 43" EAST 241.92 FEET TO SAID STAKE SITUATED ON THE NORTH SIDE OF SAID BRANCH, THE TERMINUS OF CALL NUMBER (8); (9) NORTH 180 59' 38" EAST 2166.94 FEET ALONG THE EASTERN LINE OF THE PROPERTY OF THE RIVERBEND COMPANY TO A STAKE; (10) NORTH 180 59' 38" EAST TO A POINT IN THE CENTER OF ABBOTTS CREEK; (11) IN A SOUTHEASTERLY DIRECTION ALONG THE CENTER OF ABBOTTS CREEK TO A POINT; (12) SOUTH 210 19' 50" EAST TO A STAKE SITUATED ON THE SOUTH SIDE OF SAID CREEK; REFERENCE LINE B. SAID LINE REPRESENTED BY CALLS NUMBERED (10), (11) AND (12) BEING REFERENCED BY A TRAVERSE LINE RUNNING FROM THE STAKE AT THE TERMINUS OF CALL NUMBER (9), DESCRIBED AS FOLLOWS: (A) SOUTH 510 43' 57" EAST 400.02 FEET TO A STAKE, (B) SOUTH 47° 25' 46" EAST 293.92 FEET TO A POINT AND (C) SOUTH 510 32' 48" EAST 301.08 FEET TO A STAKE; (13) SOUTH 21° 19' 50" EAST 480.16 FEET TO A STAKE; (14) NORTH 360 23' 02" EAST 471.08 FEET TO A STAKE; (15) NORTH 360 23' 02" EAST TO A POINT IN THE CENTER OF ABBOTTS CREEK; (16) IN AN EASTERLY DIRECTION ALONG THE CENTER OF ABBOTTS CREEK TO THE CENTER OF THE NEUSE RIVER; REFERENCE LINE C: SAID LINE REPRESENTED BY CALLS NUMBERED (15) AND (16) BEING REFERENCED BY A TRAVERSE LINE RUNNING FROM THE STAKE AT THE TERMINUS OF CALL NUMBER (14) DESCRIBED AS FOLLOWS: (A) NORTH 890 58' 04" EAST 224.71 FEET TO A POINT, (B) SOUTH 570 01' 39" EAST 367.91 FEET TO A POINT, (C) NORTH 820 50' 59" EAST 503.20 FEET TO A POINT, (D) NORTH 580 15' 39" EAST 135.14 FEET TO A POINT, (E) NORTH 680 59' 41" EAST 388.01 FEET TO A POINT, (F) NORTH 28° 04' 46" EAST 223.70 FEET TO A POINT, (G) NORTH 840 41' 03" EAST 141.22 FEET TO A POINT, (H) SOUTH 160 20' 26" EAST 112.80 FEET TO A POINT, (I) NORTH 720 59' 12" EAST 211.01 FEEL' TO A STAKE ON THE NORTH SIDE OF ABBOTTS CREEK AND THE WEST SIDE OF THE NEUSE RIVER, AND.(3) NORTH 72° 59' 12" EAST A COMPUTED DISTANCE OF 54.40 FEET TO A POINT IN THE CENTER OF THE NEUSE RIVER; (17) IN A SOUTHEASTERLY DIRECTION ALONG THE CENTER OF THE NEUSE RIVER TO A POINT; (18) SOUTH 09° 32' 46" WEST TO A STAKE ON THE SOUTHWEST SIDE OF THE NEUSE RIVER IN THE WESTERN LINE OF THE SEABOARD COASTLINE RAILROAD PROPERTY; REFERENCE LINE D: SAID LINE REPRESENTED BY CALLS (17) AND (18) BEING REFERENCED BY A COMPUTED LINE BEGINNING IN THE CENTER OF THE NEUSE RIVER AT THE TERMINUS OF A COMPUTED DISTANCE OF 54.40 FEET DESCRIBED IN REFERENCE LINE C(J) ABOVE AND RUNNING THE FOLLOWING COURSES AND DISTANCES: (A) SOUTH 010 30' EAST 182.00 FEET TO A POINT, (B) SOUTH 250 00' EAST 238.00 FEET TO A POINT, (C) SOUTH 360 06' EAST z19.00 FEET TO A POINT, (D) SOUTH 340 00"EAST 167.81 FEET TO A POINT IN THE CENTER OF THE NEUSE RIVER AND (E) SOUTH 090 32' SI.C-8436663-1 Raleigh, NC 46" WEST 81.57 FEET TO THE ABOVE MENTIONED STAKE ON THE SOUTHWEST SIDE OF THE NEUSE RIVER IN THE WESTERN LINE OF THE SEABOARD COASTLINE RAILROAD PROPERTY, WHICH SAID STAKE IS THE TERMINUS OF CALL NUMBER (18); REFERENCE LINE E: SAID LINE REPRESENTED BY CALLS (17) AND (18) BEING FURTHER REFERENCED BY A TRAVERSE LINE ALONG THE WESTERN SIDE OF THE .NEUSE RIVER BEGINNING AT THE STAKE ON THE NORTH SIDE OF ABBOTTS CREEK AND THE WEST SIDE OF THE NEUSE RIVER MENTIONED ABOVE AS THE TERMINUS OF REFERENCE LINE C(I) AND RUNNING THE FOLLOWING COURSES AND DISTANCES: (A) SOUTH 000 23' 08" WEST 212.66 FEET TO A POINT, (B) SOUTH 240 33' 06" EAST 238.93 FEET TO A POINT, (C) SOUTH 39° 01' 37" EAST 215.97 FEET TO A POINT, AND (D) SOUTH 36° 15' 33" EAST 224.10 FEET TO, THE STAKE SITUATED ON THE SOUTHWEST SIDE OF THE NEUSE RIVER IN THE WESTERN LINE OF THE SEABOARD COASTLINE RAILROAD PROPERTY, WHICH IS THE TERMINUS OF CALL NUMBER (18) ABOVE SET FORTH; (19) SOUTH 090 32" 46" WEST ALONG THE WESTERN LINE OF THE PROPERTY OF THE SEABOARD COASTLINE RAILROAD 1146.91 FEET TO A STAKE; (20) SOUTH 740 46' 41" EAST ALONG THE SOUTHERN LINE OF THE PROPERTY OF THE SEABOARD COASTLINE RAILROAD 167.09 FEET TO A CONCRETE MONUMENT IN THE WESTERN RIGHT OF WAY LINE OF THE SEABOARD COASTLINE RAILROAD MAIN TRACK; (21) ALONG THE WESTERN RIGHT OF WAY OF SAID RAILROAD SOUTH 151 34' 00" WEST 281.98 FEET TO A CONCRETE MONUMENT; (22) CONTINUING ALONG THE WESTERN RIGHT OF WAY OF SAID RAILROAD IN A SOUTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT HAVING.A RADIUS OF 1839.86 FEET A DISTANCE OF 1018.02 FEET TO A CONCRETE MONUMENT; (23) CONTINUING ALONG THE WESTERN LINE OF SAID RAILROAD RIGHT OF WAY SOUTH 420 43' 51" EAST 30.00 FEET TO A CONCRETE MONUMENT; (24) CONTINUING ALONG THE WESTERN LINE OF SAID RAILROAD RIGHT OF WAY IN A SOUTHWESTERLY DIRECTION ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1869.86 FEET A DISTANCE OF 794.58 FEET TO A CONCRETE MONUMENT; (25) CONTINUING ALONG THE WESTERN RIGHT OF WAY OF SAID RAILROAD SOUTH 710 37WEST 204.63 FEET TO A CONCRETE MONUMENT; (26) CONTINUING WITH SAID RAILROAD RIGHT OF WAY IN A SOUTHWESTERLY DIRECTION ALONG A CURVE TO THE LEFT WITH .A RADIUS OF 1949.86 FEET A DISTANCE OF 1630.68 FEET TO A CONCRETE MONUMENT; AND (27) CONTINUING ALONG SAID RAILROAD RIGHT OF WAY SOUTH 230 42' WEST 20.56 FEET TO A CONCRETE MONUMENT, THE POINT AND PLACE OF BEGINNING, AND CONTAINING 380.614 ACRES ACCORDING TO A SURVEY AND MAP BY PRECISE CONTROL, INC., DATED MARCH, 1975, AND RECORDED IN BOOK OF MAPS 1976, PAGE 28, WAKE COUNTY REGISTRY. THE ABOVE REFERENCED DESCRIPTION INCLUDES ALL OF THAT CERTAIN TRACT DESCRIBED AS 'TRACT NUMBER 207 - THE NEUSE TRACT", CONTAINING 390.0 ACRES, MORE OR LESS, CONVEYED TO HALIFAX TIMBER COMPANY BY DEED DATED OCTOBER 31, 1968, AND RECORDED IN BOOK 1850, PAGE 541, WAKE COUNTY REGISTRY, LESS THE PARCEL CONTAINING 0.90 ACRES CONVEYED TO THE SEABOARD COASTLINE RAILROAD BY DEED DATED FEBRUARY 10, 1972, AND RECORDED IN BOOK 2054, PAGE 43, WAKE COUNTY REGISTRY; HALIFAX TIMBER COMPANY MERGED INTO HOERNER- WALDORF CORPORATION ON MARCH 02, 1970 BY ARTICLES OF MERGER RECORDED IN CORPORATION BOOK 9, PAGE 535, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT, INC. BY DEED DATED FEBRUARY 9, 1976, RECORDED IN BOOK 2378, PAGE 148, WAKE COUNTY REGISTRY. SECOND TRACT: COMMENCE AT A POINT MARKING THE INTERSECTION OF THE PAVED PORTION OF THE NEUSE DEPOT ROAD WITH THE CENTER LINE OF THE PAVED PORTION OF U. S. HIGHWAY 1 AND RUN THENCE WITH THE CENTER LINE OF THE NEUSE DEPOT ROAD NORTH 59 DEGREES 33 MINUTES WEST 288 FEET TO A POINT, AND LEAVING SAID ROAD NORTH'26 DEGREES 07 MINUTES EAST 30.09 FEET TO A POINT ON THE NORTH SIDE OF THE NEUSE DEPOT ROAD, WHICH POINT IS THE POINT AND PLACE OF BEGINNING; RUNS THENCE FROM SAID POINT -AND PLACE OF BEGINNING AND .WITH THE NORTH SIDE OF THE NEUSE DEPOT ROAD NORTH 59 DEGREES 33 MINUTES WEST 673.73 FEET TO A STAKE AND NORTH 59 DEGREES 45 MINUTES WEST 820.74 FEET TO A STAKE, THE SOUTHEAST CORNER OF THE SL.C•8436663-1 Raleigh, NC PROPERTY OF R. E. SMITH; RUNS THENCE WITH THE SMITH PROPERTY THE FOLLOWING COURSES AND DISTANCES: NORTH 31 DEGREES 52 MINUTES EAST 152.2 FEET TO A STAKE, NORTH 58 DEGREES 08 MINUTES WEST 318 FEET TO A STAKE AND SOUTH 08 DEGREES 24 MINUTES WEST 171.90 FEET TO A POINT ON THE NORTH SIDE OF THE NEUSE DEPOT ROAD; RUNS THENCE WITH SAID ROAD NORTH 59 DEGREES 06 MINUTES WEST 259.26 FEET TO ITS INTERSECTION WITH THE EASTERLY LINE OF A 30-FOOT STREET (UNNAMED) RUNNING NORTH FROM SAID NEUSE DEPOT ROAD; RUNS THENCE WITH THE EAST SIDE OF SAID UNNAMED STREET NORTH 28 DEGREES 2L MINUTES EAST 674 FEET TO A STAKE, THE SOUTHWEST CORNER OF THE SIDNEY P. POWELL PROPERTY; RUNS THENCE WITH POWELUS LINE THE FOLLOWING COURSES AND DISTANCES: SOUTH 61 DEGREES 36 MINUTES EAST ` 210 FEET TO A STAKE, NORTH 28 DEGREES 24 MINUTES EAST-210 FEET TO A STAKE AND NORTH 61 DEGREES 36 MINUTES WEST 210 FEET TO A STAKE ON THE EAST SIDE OF SAID UNNAMED STREET; RUNS THENCE WITH SAID STREET NORTH 28 DEGREES 24 MINUTES EAST 225 FEET TO A STAKE; RUNS THENCE NORTH fit DEGREES 36 MINUTES WEST 15 FEET TO THE CENTER OF SAID UNNAMED STREET; RUNS THENCE WITH THE CENTER LINE OF SAID UNNAMED STREET (NOW CLOSED FOR THE PORTION OF THIS CALL) NORTH 28 DEGREES 24 MINUTES EAST 990 FEET TO A STAKE; RUNS THENCE SOUTH 61 DEGREES 36 MINUTES EAST 15 FEET TO A STAKE ON THE EAST SIDE OF SAID FORMER STREET IN THE LINE OF THE HOLDEN PROPERTY; RUNS THENCE WITH THE HOLDEN PROPERTY THE FOLLOWING COURSES AND DISTANCES: SOUTH 61 DEGREES 36 MINUTES EAST 667.50 FEET, NORTH 28 DEGREES 24 MINUTES EAST 535 FEET, NORTH 61 DEGREES 36 MINUTES WEST 7.5 FEET, NORTH 28 DEGREES 24 MINUTES EAST 125 FEET AND NORTH 61 DEGREES 36 MINUTES WEST 660 FEET TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILWAY COMPANY; RUNS THENCE WITH THE CURVE OF THE EASTERN RIGHT OF WAY LINE OF SAID RAILWAY 1901.09 FEET IN A NORTHEASTERLY DIRECTION TO A POINT, AND CONTINUING WITH SAID RIGHT OF WAY NORTH 20 DEGREES 48 MINUTES EAST 85.06 FEET TO A STAKE AND SOUTH 70 DEGREES 09 MINUTES EAST 35 FEET TO A STAKE; THENCE LEAVING SAID RIGHT OF WAY RUNS SOUTH 50 DEGREES 49 MINUTES EAST 33.4 FEET TO A :STAKE; RUNS THENCE SOUTH 00 DEGREES 29 MINUTES VEST 34.91 FEET TO A STAKE IN THE LINE OF THE POWELL PROPERTY; RUNS THENCE WITH THE LINE OF THE POWELL PROPERTY THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 17 MINUTES WEST 294.97 FEET TO A STAKE, AND CONTINUING THE SAME COURSE 498.31 FEET TO A STAKE; THENCE STILL WITH THE POWELL PROPERTY SOUTH 00 DEGREES 50 MINUTES WEST 52.15 FEET TO A STAKE AND SOUTH 68 DEGREES 10 MINUTES EAST 38 FEET TO A POINT IN THE WESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 1; RUNS THENCE WITH THE WESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 1 THE FOLLOWING COURSES AND DISTANCES: SOUTH 16 DEGREES 43 MINUTES WEST 100 FEET TO A STAKE, SOUTH 14 DEGREES 57 MINUTES WEST 100 FEET TO A STAKE, SOUTH 12 DEGREES 46 MINUTES WEST 100 FEET TO A STAKE, SOUTH 10 DEGREES 58 MINUTES WEST 100 FEET TO A STAKE, SOUTH 09 DEGREES. 39 MINUTES WEST 112 FEET TO A STAKE AND SOUTH 08 DEGREES 48 MINUTES WEST 2031.75 FEET TO A STAKE, THE NORTHEAST CORNER OF THE BAZEMORE PROPERTY; RUNS THENCE NORTH 62 DEGREES 59 MINUTES WEST 263.42 FEET WITH BAZEMORE'S LINE TO ASTAKE, AND CONTINUING WITH HIS LINE SOUTH 18 DEGREES 01 MINUTE WEST 336.48 FEET TO A STAKE, THE NORTHWEST CORNER OF THE IN A B. HOLDEN PROPERTY; RUNS THENCE WITH HOLDEN'S LINE SOUTH 20 DEGREES 49 MINUTES WEST 198.52 FEET AND SOUTH 05 DEGREES 08 MINUTES EAST 151.34 FEET TO A STAKE, THE NORTHWEST CORNER OF THE THELMA H. JOYNER PROPERTY; RUNS THENCE WITH THE JOYNER LINE SOUTH 14 DEGREES .38 MINUTES WEST 92.5 FEET TO A STAKE AND SOUTH 08 DEGREES 48 MINUTES EAST 100 FEET TO A STAKE, THE NORTHWEST CORNER OF THE MRS. L. W. PERRY PROPERTY; RUNS THENCE WITH PERRY'S WESTERN LINE SOUTH 08 DEGREES 48 MINUTES EAST 94.95 FEET TO A STAKE, SOUTH 03 DEGREES 38 MINUTES EAST 120 FEET TO A STAKE, SOUTH 19 DEGREES 08 MINUTES WEST 112.3 FEET TO A STAKE, SOUTH 28 DEGREES 31 MINUTES WEST 125.37 FEET TO A STAKE AND SOUTH 26 DEGREES 07 MINUTES WEST 166.85 FEET TO A STAKE ON THE NORTH SIDE OF THE NEUSE DEPOT ROAD, THE POINT AND PLACE OF BEGINNING, AND CONTAINING 122.85 ACRES, ALL ACCORDING TO A SURVEY BY BONEY & NOWECAB DATED AUGUST, 1965. THIS PROPERTY WAS CONVEYED TO A.J. HONEYCUTT BY THE FOLLOWING DEEDS: DEED DATED SLC-8436663-1 Raleigh, NC OCTOBER 19, 1934, AND RECORDED IN BOOK 695, PAGE 195, WAKE COUNTY REGISTRY; DEED DATED DECEMBER 3, 1917, AND RECORDED IN BOOK 318, PAGE 433, WAKE COUNTY REGISTRY; DEED DATED OCTOBER 3, 1917, AND RECORDED IN BOOK 316, PAGE 535, WAKE COUNTY REGISTRY; DEED DATED SEPTEMBER 4, 1919, AND RECORDED IN BOOK 337, PAGE 526, WAKE COUNTY REGISTRY; DEED DATED JANUARY 15, 1913, AND RECORDED IN BOOK 275, PAGE 343, WAKE COUNTY REGISTRY; DEED DATED JANUARY 2, 1904, AND RECORDED IN BOOK 187, PAGE 233, WAKE COUNTY REGISTRY. SEE ALSO ORDER OF BOARD OF COUNTY COMMISSIONERS OF WAKE COUNTY DATED AUGUST 2, 1965, AND RECORDED IN BOOK 1663, PAGE 104, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 273, WAKE COUNTY REGISTRY. THIRD TRACT: BEGINNING AT A STAKE INMRS. J. T. HUNTER'S LINE ON THE NORTH SIDE OF THE PUBLIC ROAD LEADING BY NEUSE DEPOT AND 33 LINKS FROM THE CENTER OF THE ROAD, RUNNING THENCE NORTH 4 DEGREES EAST 2 CHAINS AND 28 LINKS TO A STAKE, MRS. W. H. PACE'S CORNER IN MRS. HUNTER'S LINE; THENCE WITH MRS. W. H: PACE'S LINE SOUTH 62 3/4 DEGREES EAST 4 CHAINS AND 27 LINKS TO A STAKE CORNER OF LOT NO. 2 IN MRS. W. H. PACE'S LINE; THENCE WITH LINE OF LOT NO. 2 SOUTH 4 DEGREES WEST 2 CHAINS AND 28 LINKS TO A STAKE ON THE NORTH SIDE OF AFORESAID ROAD, CORNER OF LOT NO. 2; THENCE ALONG SAID ROAD NORTH 62 3/4 DEGREES WEST 4 CHAINS AND 27 LINKS TO THE BEGINNING; CONTAINING 90/100 OF AN ACRE. EXCEPTING ALL THAT CERTAIN TRACT OR PARCEL OF LAND AS DESCRIBED IN THAT CERTAIN DEED FROM A. J. HONEYCUTT AND WIFE TO VANGUARD CLASS OF RALEIGH, INC., DATED DECEMBER 2, 1929, AND RECORDED IN BOOK 579, PAGE 566, WAKE COUNTY REGISTRY; SAID TRACT BEGINNING AT A POINT IN THE CENTER OF THE FALLS OF NEUSE ROAD ON THE EASTERN OUTSKIRTS OF THE VILLAGE OF NEUSE, NORTH CAROLINA, SAID POINT BEING 95.7 FEET WESTWARDLY FROM THE INTERSECTION OF SAID ROAD AND A STREET, RUNS THENCE ALONG THE CENTER LINE OF SAID ROAD NORTH 58 DEGREES WEST 82.8 FEET TO A POINT WITNESSED BY AN IRON PIPE ON THE NORTH SIDE OF THE ROAD; RUNS THENCE NORTH 16 DEGREES EAST 10.8 FEET TO A POINT ADJACENT, TO A FENCE POST, SAID POINT BEING WITNESSED BY AN IRON PIPE; THENCE SOUTH 74 DEGREES EAST 80 FEET TO A POINT WITNESSED BY AN IRON PIPE; THENCE SOUTH 16 DEGREES WEST 126.2 FEET TO THE POINT OF BEGINNING. THIS PROPERTY WAS CONVEYED TO A.J. HONEYCUTT BY DEED DATED JANUARY 2, 1904, AND RECORDED IN BOOK 187, PAGE 233, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 273, WAKE COUNTY REGISTRY. '0111a 7T BEGINNING AT A POINT IN THE NORTHERN LINE OF THE NEUSE DEPOT (HILLSBORO) ROAD, SAID POINT BEING LOCATED IN THE LINE OF THE SEABOARD AIR LINE RAILWAY PROPERTY; RUNS THENCE ALONG THE LINE OF THE SEABOARD RAILROAD PROPERTY NORTH 26 DEGREES EAST 895 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE SCHOOL LOT; RUNS THENCE ALONG THE SOUTH LINE OF THE SAID SCHOOL LOT SOUTH 63 DEGREES 50 MINUTES EAST 235 FEET TO THE SOUTHEASTERN CORNER OF SAID SCHOOL LOT IN THE OLD LINE BETWEEN THE HUNTER AND THE PACE PROPERTY; RUNS THENCE SOUTH 5 DEGREES WEST 1000 FEET, MORE OR. LESS, TO THE NORTHERN LINE OF THE NEUSE DEPOT ROAD; RUNS THENCE WITH THE NORTHERN LINE OF THE NEUSE DEPOT ROAD NORTH 61 DEGREES WEST 605 FEET, MORE OR.LESS, TO THE POINT AND PLACE OF BEGINNING. BEING THE GREATER PART OF THE TRACT OF LAND SHOWN AS "MRS. HUNTER" ADJACENT TO THE SLC-8436663-1 Raleigh, NC SEABOARD AIR LINE RAILWAY AS SHOWN ON MAP "MARY H. PACE'S PROPERTY" IN BOOK OF MAPS 1685, PAGE 106. EXCEPTING, HOWEVER, ANY PART OF THE TRACT CONVEYED BY A. J. HONEYCUTT AND WIFE TO VANGUARD CLASS OF RALEIGH, INC., BY DEED DATED DECEMBER 20, 1929, RECORDED IN BOOK 579, PAGE 566, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO A.J. HONEYCUTT BY DEEDS DATED OCTOBER 211 1968, RECORDED IN BOOK 232, PAGE 170; MARCH 15, 1912, RECORDED IN BOOK 263, PAGE 137; AND BY DEED DATED SEPTEMBER 11, 1913, RECORDED IN BOOK 276, PAGE 398, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 273, WAKE COUNTY REGISTRY. FIFTH TRACT: LOT NO. 1 IN BLOCK NO. 1 (130 X 123 FEET) LOT NO. 2 IN BLOCK NO. 1 (145 X 75 FEET) LOT NO. 3 IN BLOCK NO. 1 (154 X 50 FEET) LOT NO.4 IN BLOCK NO, 1 (145 X 50 FEET) ALL AS SHOWN IN BOOK OF MAPS 1885, PAGE 106, ENTITLED "PROPERTY OF MARY M. PACE", IN THE WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO A. J. HONEYCUTT BY DEED DATED AUGUST 14, 1926, RECORDED IN BOOK 451, PAGE 20, WAKE COUNTY REGISTRY. TOGETHER WITH ALL THE RIGHT, TITLE AND INTEREST OF THE PARTY OF THE FIRST PART IN AND TO.ANY STREET, ROAD, ALLEY, PATH OR DRIVE AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF MRS. MARY H. PACE'S PROPERTY" RECORDED IN BOOK OF MAPS 1885, PAGE 106, WAKE COUNTY REGISTRY. TOGETHER WITH ALL THE RIGHT, TITLE AND INTEREST OF A.J. HONEYCUTT, IN AND TO THE PROPERTY LYING BETWEEN THE EASTERN LINE OF THE PROPERTY ABOVE DESCRIBED AND THE CENTER LINE OF U. S. HIGHWAY 1, AND ALL THE RIGHT, TITLE AND INTEREST OF A.J. HONEYCUTT IN AND'TO THE PROPERTY LYING BETWEEN THE SOUTHERN LINE OF THE PROPERTY ABOVE DESCRIBED AND THE CENTER LINE OF THE NEUSE DEPOT ROAD. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 273, WAKE COUNTY REGISTRY. SIXTH TRACT: BEGINNING AT AN IRON PIPE IN THE WESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 10N THE SOUTH BANK OF THE NEUSE RIVER, RUNS THENCE WITH SAID RIGHT OF WAY LINE SOUTH 37 DEGREES 56 MINUTES WEST 787.09 FEET TO AN IRON PIPE, SOUTH 37 DEGREES 16 MINUTES WEST 101.79 FEET TO AN IRON PIPE, SOUTH 36 DEGREES 05 MINUTES WEST 101.94 FEET TO AN IRON PIPE, SOUTH 34 DEGREES 17 MINUTES WEST 102.53 FEET TO AN IRON PIPE, AND SOUTH 32 DEGREES 34 MINUTES WEST 88.62 FEET TO AN IRON PIPE, THE NORTHEAST CORNER OF THE PROPERTY RETAINED BY THE GRANTOR, E. T. YOST; RUNS THENCE WITH THE LINE OF THE YOST PROPERTY NORTH 44 DEGREES 59 MINUTES WEST 250 FEET TO AN IRON STAKE; CONTINUES THENCE WITH THE LINE OF THE YOST PROPERTY SOUTH 48 DEGREES 32 MINUTES WEST 97 FEET TO AN IRON PIPE IN THE LINE OF THE POWELL PROPERTY, A CORNER OF THE YOST PROPERTY; RUNS THENCE WITH THE POWELL LINE NORTH 41 DEGREES 28 MINUTES WEST 122.50 FEET TO AN EXISTING IRON PIPE, THE NORTHERNMOST CORNER OF THE POWELL PROPERTY, A CORNER OF THE HONEYCUTT PROPERTY; RUNS THENCE WITH THE HONEYCUTT LINE NORTH 00 DEGREES 29 MINUTES EAST 34.91 FEET TO AN EXISTING IRON PIPE; THENCE CONTINUING WITH THE HONEYCUTT LINE NORTH 50 DEGREES 49 SLC-8436663-1 Raieioi, NC MINUTES WEST 33.40 FEET TO AN IRON PIPE IN THE EASTERN EDGE OF THE RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILWAY; RUNS THENCE WITH THE EASTERN EDGE OF SAID RIGHT OF WAY NORTH 20 DEGREES 06 MINUTES EAST 665.65 FEET TO AN IRON PIPE IN THE EASTERN EDGE OF SAID RIGHT OF WAY LINE; RUNS THENCE SOUTH 69 DEGREES 54 MINUTES EAST 189.02 FEET TO AN IRON PIPE; RUNS THENCE NORTH 53 DEGREES 36 MINUTES EAST 382.83 FEET TO AN IRON PIPE; RUNS THENCE NORTH 52 DEGREES 24 MINUTES WEST 100 FEET TO AN IRON PIPE; RUNS THENCE NORTH 53 DEGREES 36 MINUTES EAST 20 FEET TO AN IRON PIPE AT OR NEAR THE SOUTH BANK OF THE NEUSE RIVER; RUNS THENCE WITH THE SOUTH BANK OF THE NEUSE RIVER IN A SOUTHEASTERLY DIRECTION TO THE POINT AND PLACE OF BEGINNING (SAID LAST CALL BEING MEASURED BY A REFERENCE LINE BEGINNING AT THE IRON PIPE PREVIOUSLY REFERRED TO AS BEING AT OR NEAR THE SOUTH BANK OF THE NEUSE RIVER AND RUNS SOUTH 67 DEGREES 19 MINUTES EAST 112.04 FEET TO AN IRON PIPE, AND SOUTH 63 DEGREES 33 MINUTES EAST 341.21 FEET TO AN IRON PIPE IN THE WESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 1), CONTAINING 13.15 ACRES, ALL ACCORDING TO A SURVEY MADE BY HONEY AND NEWCOMBE, DATED AUGUST, 1965, AND BEING LAND CONVEYED TO SAID E. T. IOST BY DEED FROM BURLINGTON HILLS CORPORATION RECORDED IN BOOK 984, AT PAGE 106, AND BY DEED FROM H. H. JOBE RECORDED IN BOOK 630, AT PAGE 541, IN THE OFFICE OF THE REGISTER OF DEEDS OF WAKE COUNTY, NORTH CAROLINA. TOGETHER WITH ALL THE RIGHT, TITLE AND INTEREST OF E.T. YOST IN AND TO THE PROPERTY LYING BETWEEN THE EASTERN LINE OF THE PROPERTY ABOVE DESCRIBED AND THE CENTER LINE OF U.S. HIGHWAY NO. 1 AND THE PROPERTY LYING BETWEEN THE NORTH LINE OF THE SAID PROPERTY AND THE CENTER OF THE NEUSE RIVER. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 18, 1965, RECORDED IN BOOK 1665, PAGE 281, WAKE COUNTY REGISTRY. EXCEPT FROM THE PROPERTY DESCRIBED AS THE SIXTH TRACT HEREIN, THE FOLLOWING PROPERTY LOCATED IN WAKE COUNTY, NORTH CAROLINA CONVEYED BY DEED, DATED MARCH 24, 1978, BY MALLINCKRODT, INC., AS GRANTOR TO THE TOWN OF WAKE FOREST, AS GRANTEE, RECORDED MARCH 28, 1978 IN BOOK 2628, PAGE 227, WAKE COUNTY REGISTRY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING IRON PIPE ON THE NORTHWESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 1, SAID POINT BEING AT THE SOUTHERNMOST CORNER OF THAT CERTAIN TRACT PURCHASED BY MALLINCKRODT, INC. (FORMERLY MALLINCKRODT CHEMICAL WORKS) FROM E. T. YOST, UNMARRIED, BY DEED DATED AUGUST 18, 1965 AND RECORDED IN BOOK 1665, PAGE 281, WAKE COUNTY REGISTRY, SAID BEGINNING POINT BEING IN THE LINE OF THE PROPERTY RETAINED BY THE SAID E. T. YOST, RUNS THENCE WITH THE E. T. YOST LINE NORTH 44 DEGREES 59 MINUTES WEST 125.00 FEET TO A POINT; RUNS THENCE AS ANEW LINE NORTH 34 DEGREES 17 MINUTES EAST 101.68 FEET TO A POINT; RUNS THENCE AS A NEW LINE SOUTH 55 DEGREES 43 MINUTES EAST 120.16 FEET TO A POINT ON THE NORTHWESTERN RIGHT OF WAY LINE OF U. S. HIGHWAY NO. 1; RUNS THENCE WITH THE RIGHT-OF-WAY OF U. S. HIGHWAY NO. 1 SOUTH 34 DEGREES 17 MINUTES WEST 36.38 FEET TO A POINT, AND SOUTH 32 DEGREES 34 MINUTES WEST 88.62 FEET TO AN EXISTING IRON PIPE, THE POINT AND PLACE OF BEGINNING;. AND CONTAINING .315 ACRES ACCORDING TO A SURVEY ENTITLED "SURVEY FOR TOWN OF WAKE FOREST", PREPARED BY MOORE, GARDNER AND ASSOCIATES, INC., CONSULTING ENGINEERS, DATED NOVEMBER 29, 1977, EXCEPTING AND RESERVING TO MALLINCKRODT, INC. A PERPETUAL RIGHT AND EASEMENT ACROSS, UNDER AND OVER THE SAID PREMISES ABOVE CONVEYED FOR ALL USES AND PURPOSES, WHICH USES AND PURPOSES SHALL NOT BE INCONSISTENT WITH OR IN CONFLICT WITH THE USE OF THE PROPERTY BY THE TOWN OF WAKE FOREST. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT, INC. BY DEED DATED AUGUST 18, 1965, AND SLC-8436663-1 Raleigh, NC RECORDED IN BOOK 1665, PAGE 281, WAKE COUNTY REGISTRY. SEVENTH TRACT: BEGINNING AT A POINT IN THE CENTER OF THE END OF A THIRTY FOOT STREET, A CORNER OF THE HONEYCUTT PROPERTY, WHICH POINT IS NORTH 28 DEGREES 24 MINUTES EAST 1139.03 FEET AS MEASURED ALONG THE CENTER OF SAID STREET FROM A POINT IN THE CENTER OF THE NEUSE DEPOT ROAD; RUNS THENCE NORTH 61 DEGREES 35 MINUTES WEST 620 FEET ALONG THE NORTH LINE OF A THIRTY FOOT STREET TO A STAKE; RUNS THENCE NORTH 05 DEGREES 54 MINUTES EAST 55 FEET TO A STAKE; RUNS THENCE NORTH 70 DEGREES 21 MINUTES WEST 1262 FEET TO A STAKE IN THE EASTERN RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILWAY COMPANY; .RUNS THENCE WITH SAID RIGHT OF WAY NORTH 24 DEGREES 09 MINUTES EAST 41.55 FEET TO A STAKE AND NORTH 75 DEGREES 40 MINUTES WEST 58.13 FEET TO A STAKE; THENCE CONTINUING WITH SAID RIGHT OF WAY AS IT CURVES IN A NORTHEASTERLY DIRECTION 1566.56 FEET TO A STAKE; THENCE CONTINUING WITH SAID RIGHT OF WAY NORTH 75 DEGREES 10 MINUTES EAST 175.43 FEET TO A - STAKE, AND ALONG THE CURVE OF SAID RIGHT OF WAY 121.95 FEET IN A NORTHEASTERLY DIRECTION TO A STAKE; THENCE LEAVING SAID RIGHT OF WAY AND WITH THE LINE OF THE HONEYCUTT PROPERTY THE FOLLOWING COURSES AND DISTANCES: SOUTH 61 DEGREES 36 MINUTES EAST 660 FEET TO A STAKE, SOUTH 28 DEGREES 24 MINUTES WEST 125 FEET TO A STAKE, SOUTH 61 DEGREES 36 MINUTES EAST 7.5 FEET TO A STAKE, SOUTH 28 DEGREES 24 MINUTES WEST 535 FEET TO A STAKE, NORTH 61 DEGREES 36 MINUTES WEST 667.50 FEET TO A STAKE AND CONTINUING THE SAME COURSE 15 FEET TO A STAKE IN THE CENTER LINE OF A FORMER STREET (NOW CLOSED); RUNS THENCE WITH THE CENTER LINE OF SAID CLOSED STREET (AND WITH THE LINE OF THE HONEYCUTT PROPERTY) SOUTH 28 DEGREES 24 MINUTES WEST 990 FEET TO THE POINT AND PLACE OF BEGINNING, AND CONTAINING 32.21 ACRES, ALL ACCORDING TO A SURVEY BY HONEY & NEWCOMB DATED AUGUST, 1965. THIS PROPERTY WAS CONVEYED TO INA B. HOLDEN BY ROBERT G. HOLDEN BY DEED DATED DECEMBER 25, 1917, AND RECORDED IN BOOK 318, PAGE 516, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 278, WAKE COUNTY REGISTRY. EIGHTH TRACT: BEGINNING AT AN IRON STAKE RUNNING IN A SOUTHERLY DIRECTION ALONG SIDE SEABOARD AIR LINE RIGHT OF WAY ABOUT 240 FEET TO AN IRON STAKE,,A. J. HONEYCUTT"S CORNER; RUNNING THENCE FROM SAID IRON STAKE IN AN EASTERLY DIRECTION ABOUT 180 FEET TO A POINT; RUNNING IN A SOUTHERLY DIRECTION TO AN IRON STAKE ALONG HONEYCUTT'S LINE ABOUT 250 FEET TO A STAKE IN A. J. HONEYCUTT'S AND MANLEY PULLEY'S CORNER; RUNNING THENCE IN AN EASTERLY DIRECTION 94 FEET ALONG MANLEY PULLEY'S LINE TO AN IRON STAKE, A POINT IN AN UNNAMED STREET; RUNNING THENCE FROM SAID IRON STAKE IN A NORTHERLY DIRECTION ALONG LINE OF SAID UNNAMED STREET ABOUT 400 FEET TO A STAKE; RUNNING THENCE FROM SAID IRON STAKE ALONG LINE OF AN UNNAMED STREET IN A WESTERLY DIRECTION ABOUT 360 FEET TO AN IRON STAKE TO THE POINT OF BEGINNING, CONTAINING 3-2/3 ACRES, MORE OR LESS, AND SAME BEING LOT NOS. 3, 4, 5, 6, 7, 8, 9, 10 AND 11 OF BLOCK NO. 2 OF MRS. MARY H. PACE'S PROPERTY, ACCORDING TO BOOK OF MAPS 1885, PAGE 106, IN THE REGISTER OF DEEDS OFFICE FOR WAKE COUNTY. ALSO ONE ACRE FROM EMMA HOLDEN TO R. G. HOLDEN BY DEED IN THE REGISTER OF DEEDS OFFICE IN BOOK 451, PAGE 93. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 278, WAKE COUNTY REGISTRY. SLC-8436663-1 Raleigh, SIC NINTH TRACT: BEGINNING AT AN IRON STAKE RUNNING THENCE IN AN EASTERLY DIRECTION ALONG AN UNNAMED STREET 300 FEET TO AN IRON STAKE IN A POINT IN AN UNNAMED STREET, RUNNING THENCE IN A SOUTHERLY DIRECTION 100 FEET TO A STAKE ALONG UNNAMED STREET TO SYDNEY POWELL'S CORNER; RUNNING THENCE IN A WESTERLY DIRECTION ALONG SYDNEY POWELL'S LINE 300 FEET TO AN IRON STAKE; RUNNING THENCE FROM SAID IRON STAKE ALONG UNNAMED STREET 100 FEET TO POINT OF BEGINNING, CONTAINING 2/3 ACRE, MORE OR LESS, AND BEING SAME AS LOT NOS. 10, 11, 12 AND 13 OF BLOCK NO. 3, ACCORDING TO BOOK OF MAPS 1885, PAGE 106, IN THE REGISTER OF DEEDS OFFICE FOR WAKE COUNTY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED IN BOOK 1665, PAGE 278 WAKE COUNTY REGISTRY. TENTH TRACT: BEGINNING AT A STAKE SYDNEY POWELL'S CORNER, RUNNING THENCE IN AN EASTERLY DIRECTION 150 FEET TO SYDNEY POWELL'S SOUTHEAST CORNER; RUNNING THENCE FROM SAID STAKE ALONG A. J. HONEYCUTT'S LINE 150 FEET -TO AN IRON STAKE, MANLEY PULLEY'S NORTHEAST CORNER; THENCE FROM SAID STAKE ALONG MANLEY PULLEY'S LINE 150 FEET TO MANLEY PULLEY'S NORTHWEST CORNER TO A STAKE, THENCE FROM SAID STAKE ALONG UNNAMED STREET 150 FEET TO THE POINT OF BEGINNING, CONTAINING 5/7 ACRE AND BEING LOT NOS. 16, 17 AND 18 OF BLOCK 3, ACCORDING TO BOOK OF MAPS 1885, PAGE 106, IN THE REGISTER OF DEEDS OFFICE FOR WAKE COUNTY. EIGHT TRACT, NINTH TRACT AND TENTH TRACT WERE CONVEYED TO INA B. HOLDEN BY DEED DATED APRIL 5, 1930, AND RECORDED IN BOOK 592, PAGE 60, WAKE COUNTY REGISTRY. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, BY DEED DATED AUGUST 19, 1965, RECORDED'IN BOOK 1665, PAGE 278, WAKE COUNTY REGISTRY. ELEVENTH TRACT: PARCEL ONE: BEGINNING AT A NEW CONCRETE MONUMENT IN THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 2006; SAID STAKE MARKING THE SOUTHEASTERN CORNER OF PROPERTY FORMERLY BELONGING TO W. E. TRENTMAN; RUNS THENCE WITH THE TRENTMAN LINE NORTH 170 55' 19" EAST 1598.78 FEET TO AN IRON PIPE, CORNER WITH PROPERTY OF CONTINENTAL CAN CORPORATION, WHICH IRON PIPE BEARS NORTH CAROLINA GRID COORDINATES Y=784,369.36 AND X=2,125,578.98; RUNS THENCE ALONG OTHER PROPERTIES OF.MALLINCKRODT, INC. SOUTH 680 30' 52" EAST 179.90 FEET TO AN IRON PIPE, SOUTH 860 55' 59" EAST 275.96 FEET TO AN IRON PIPE, SOUTH 00° 40' 39" EAST 1245.72 FEET TO AN IRON PIPE AND SOUTH 790 50' 23" EAST 659.06 FEET TO AN IRON PIPE, THE NORTHWESTERNMOST CORNER OF PROPERTY OF DUROW MANUFACTURING COMPANY; RUNS THENCE WITH SAID DURAW LINE SOUTH 230 45' 10" WEST 940.16 FEET TO A NEW CONCRETE MONUMENT IN THE NORTHERN RIGHT OF WAY LINE OF STATE ROAD 2006; RUNS THENCE WITH SAID NORTHERLY LINE OF STATE ROAD 2006 THE FOLLOWING COURSES AND DISTANCES: NORTH 821,27' 47" WEST 103.77 FEET TO A POINT, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 490 FEET AN ARC DISTANCE OF 259,72 FEET IN A NORTHWESTERLY DIRECTION TO A POINT, NORTH 520 05' 39" WEST 220.41 FEET TO A POINT, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2075.39 FEET AN ARC DISTANCE OF 157.65 FEET IN A NORTHWESTERLY DIRECTION TO A POINT, NORTH 470 44' 31" WEST 346.57 FEET TO A POINT, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 904.57 FEET AN ARC DISTANCE OF 266.96 FEET IN A NORTHWESTERLY DIRECTION TO A POINT AND NORTH 640 39' 05" WEST 119.54 FEETTO A CONCRETE MONUMENT, THE POINT AND PLACE OF BEGINNING, SLC-8436663-1 Raleigh, NC SAID PARCEL I CONTAINING 40.903 ACRES ACCORDING TO A BOUNDARY SURVEY FOR MALLINCKRODT, INC. PREPARED BY HALL & ASSOCIATES DATED APRIL 1977, WHICH MAP IS HEREBY INCORPORATED INTO THIS DESCRIPTION AS AN INTEGRAL PART OF THE SAME. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT, INC. BY DEED DATED DULY 5, 1977, RECORDED IN BOOK 2527, PAGE 704 WAKE COUNTY REGISTRY. PARCEL TWO: BEGINNING AT A CONCRETE MONUMENT IN THE NORTHERN RIGHT-OF-WAY LINE OF STATE ROAD 2006, SAID MONUMENT MARKING THE SOUTHEASTERNMOST CORNER OF A TRACT OF LAND NOW OR FORMERLY OWNED BY LYNN BAZEMORE ET AL; RUNS THENCE WITH THE BAZEMORE LINE NORTH 231 42' 16" EAST 1005.59 FEET TO AN EXISTING IRON PIPE, WHICH PIPE BEARS NORTH CAROLINA GRID COORDINATES Y=782,804.93 AND X=2,127,36554; RUNS THENCE SOUTH 790 50' 23" EAST 318.75 FEET WITH THE LINE OF OTHER PROPERTIES OF MALLINCKRODT, INC. TO AN IRON PIPE, SAID PIPE MARKING THE NORTHWEST CORNER OF A JOG IN THE SEABOARD COASTLINE RIGHT-OF-WAY, WHICH IRON PIPE IS LOCATED NORTH 790 50' 23" WEST 266.45 FEET FROM AN EXISTING CONCRETE MONUMENT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; RUNS THENCE ALONG THE LINE OF PROPERTY OF SEABOARD COASTLINE RAILROAD AND A CONTINUATION OF SUCH LINE SOUTH 230 49' 02" WEST 1068.76 FEET TO A NEW CONCRETE MONUMENT IN THE NORTHERN RIGHT-OF-WAY LINE OF STATE ROAD 2006; RUNS THENCE WITH SAID ROAD RIGHT-OF- WAY NORTH 680 13' 46" WEST 232.29 FEET TO A POINT, THENCE ALONG A CURVE TO THE LEFT HAVING_ A RADIUS OF 2,635.9 FEET AN ARC DISTANCE OF 75.71 FEET IN A NORTHWESTERLY DIRECTION TO A CONCRETE MONUMENT, THE POINT AND PLACE OF BEGINNING, SAID PARCEL 1I CONTAINING 7.349 ACRES ALL ACCORDING TO A BOUNDARY SURVEY FOR MALLINCKRODT, INC. PREPARED BY HALL & ASSOCIATES. DATED APRIL 1977, WHICH MAP IS HEREBY INCORPORATED INTO THIS DESCRIPTION AS AN INTEGRAL PART OF THE SAME. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT, INC. BY DEED DATED JULY 5, 1977, RECORDED IN BOOK 2527, PAGE 704 WAKE COUNTY REGISTRY. EXCEPT FROM THE PROPERTY DESCRIBED AS THE TWELFTH TRACT HEREIN, THE FOLLOWING PROPERTY CONVEYED BY DEED DATED 27 AUGUST 1997 BY MALLINCKRODT CHEMICAL INC. TO THE CITY OF RALEIGH, RECORDED IN BOOK 7663, PAGE 643, WAKE COUNTY REGISTRY. COMMENCING AT AN EXISTING RAILROAD SPIKE IN THE CENTERLINE OF THE INTERSECTION OF DURANT ROAD AND THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; SAID INTERSECTION BEING WEST OF CAPITAL BOULEVARD (N.C. HWY. 1) AND EAST OF FALLS OF NEUSE ROAD; THENCE N 57 DEGREES 00 MINUTES 03-SECONDS W, 156.99 FEET TO AN EXISTING IRON PIPE; THENCE ALONG THE NORTHERN RIGHT-OF-WAY OF DURANT ROAD, NCSR.2006, N 68 DEGREES 15 MINUTES 22 SECONDS W, 144.69 FEET TO AN EXISTING CONCRETE MONUMENT; THENCE N 66 DEGREES 25 MINUTES 42 SECONDS W 307.89 FEET TO AN EXISTING CONCRETE MONUMENT, THENCE LEAVING THE NORTHERN RIGHT-OF-WAY OF DURANT ROAD N 23 DEGREES 42 MINUTES 15 SECONDS E, 15.01 FEET TO A NEW IRON PIPE TO THE POINT AND PLACE OF BEGINNING. THENCE N 23 DEGREES 42 MINUTES 15 SECONDS E, 400.28 FEET TO A NEW IRON PIPE, THENCE S 68 DEGREES 25 MINUTES 42 SECONDS E 213.20 FEET TO A NEW IRON PIPE, THENCE S 23 DEGREES 51 MINUTES 37 SECONDS W 141.63 FEET TO A NEW IRON PIPE, THENCE S 23 DEGREES 42 MINUTES 03 SECONDS W 258.66 FEET TO A NEW IRON PIPE, THENCE ALONG THE NEW RIGHT-OF-WAY FOR DURANT ROAD, N 68 DEGREES 25 MINUTES 42 SECONDS W 212.83 FEET TO THE POINT THE PLACE OF BEGINNING. SAID TRACT CONTAINS APPROXIMATELY 85,154 SQUARE FEET (1.95 ACRES). THIS PARCEL WAS SURVEYED AND RECORDED IN WAKE.COUNTY REGISTRY ON A MAP PREPARED BY ROBERT T. NEWCOMBE AND ASSOCIATES, ENTITLED, "RECOMBINATION PLAT OF THE PROPERTY OF SLC-8436663-1 Relcigh, NC MALLINCKRODT, INC.", DATED JANUARY 3, 1997, AND RECORDED IN BOOK OF MAPS 1997, PAGE 1549. TWELFTH TRACT: INTENTIONALLY DELETED. THIRTEENTH TRACT: BEGINNING AT.A STAKE IN THE WESTERN EDGE OF THE RIGHT OF WAY OF U. S. HIGHWAY NO. 1, SAID POINT BEING THE SOUTHEAST CORNER OF THE LANDS OF MALLINCKRODT CHEMICAL WORLD (FORMERLY A.J. HONEYCUTT); RUNS THENCE NORTH 62 DEG. 59 MIN. WEST ALONG AND WITH THE LINE OF MALLINCKRODT CHEMICAL WORKS 263.42 FEET TO A STAKE; RUNS THENCE SOUTH 18 DEG. 01 MIN, WEST 336.48 FEET TO A STAKE, SAID STAKE BEING THE NORTHWESTERN CORNER OF THE PROPERTY OF INA HOLDEN; RUNS THENCE ALONG AND WITH THE NORTHERN PROPERTY LINE OF THE INA HOLDEN SOUTH 79 DEG. 16 MIN. EAST 304.30 FEET TO A STAKE IN THE WESTERN EDGE OF THE RIGHT OF WAY OF U. S. HIGHWAY NO. 1; RUNS THENCE ALONG AND WITH THE WESTERN EDGE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, NORTH 8 DEG. 48 MIN. EAST 260.00 FEET TO THE POINT AND PLACE OF BEGINNING, SAID PONT AND PLACE OF BEGINNING BEING THE SOUTHEAST CORNER OF THE PROPERTY OF MALLINCKRODT CHEMICAL WORKS AND CONTAINING 1.91 ACRES ACCORDING TO A SURVEY AND PLAN OF MALLINCKRODT CHEMICAL WORKS BY BONEY AND NEWCOMB DATED SEPTEMBER 23, 1965. THIS PROPERTY WAS CONVEYED TO MALLINCKRODT CHEMICAL WORKS, NOW KNOWN AS MALLINCKRODT, INC., BY DEED DATED SEPTEMBER 23, 1965, RECORDED IN BOOK 1667, PAGE 442, WAKE COUNTY REGISTRY. IN ADDITION, ALL OF THE RIGHT, TITLE AND INTEREST OF THE PARTY OF THE FIRST PART IN AND TO ALL OTHER REAL PROPERTY LOCATED IN WAKE COUNTY, NORTH CAROLINA, IT BEING THE INTENTION OF THE PART OF THE FIRST PART TO CONVEY TO THE PARTY OF THE SECOND PART BY THIS DEED ALL REAL PROPERTY (INCLUDING THE BENEFIT OF ANY EASEMENTS) OWNED BY THE PARTY OF THE FIRST PART AND LOCATED IN SAID COUNTY AND STATE. FOURTEENTH TRACT: BEGINNING AT AN EXISTING IRON PIPE, A CONTROL CORNER, N. C. GRID COORDINATES N:784795.72 AND E:2130644.56; RUNS THENCE NORTH 800 41' 26" WEST 79.51 FEET TO AN EXISTING IRON PIPE, THENCE NORTH 710 49' 14" WEST 202.57 FEET TO AN IRON PIPE; THENCE NORTH 180 08' 55" EAST 97.00 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 750 22' 05" EAST 249.34 FEET TO AN EXISTING IRON PIPE AND RUNS THENCE SOUTH 00 17' 55" WEST 105.25 FEET TO AN EXISTING IRON PIPE, THE POINT AND PLACE OF BEGINNING, AND CONTAINING 0.63339 ACRES ACCORDING TO BOUNDARY SURVEY OF THE PROPERTY OF E. T. YOST, DATED APRIL 26, 1989, PREPARED BY BASS, NIXON AND KENNEDY, INC. THIS CONVEYANCE IS MADE SUBJECT TO ALL EASEMENTS, ENCUMBRANCES AND RIGHTS OF WAY OF RECORD AFFECTING THE SUBJECT PREMISES. FIFTEENTH TRACT: BEGINNING AT AN EXISTING IRON PIPE, SAID EXISTING IRON PIPE BEING LOCATED SOUTH 720 15, 00" EAST 112.44 FEET FROM AN EXISTING IRON PIPE LOCATED IN THE EASTERN RIGHT OF WAY LINE OF SEABOARD AIRLINE RAILWAY, RUNS THENCE NORTH 09° 30' 00" EAST 287.90 FEET TO A NEW IRON PIPE; THENCE NORTH 380 22' 03" EAST 104.44 FEET TO A NEW IRON PIPE; RUNS THENCE SOUTH 760 57' 00" EAST 105.85 FEET TO A NAIL, RUNS THENCE SOUTH 58° 50' 54" EAST 105.84 FEET SIX-8436663-1 Aaleiggh, NC TO AN EXISTING IRON PIPE; RUNS THENCE SOUTH 50° 57' 08" WEST 20.66 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 541138' 28" EAST 99.91 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 510 14' 32" WEST 382.87 FEET TO AN EXISTING IRON PIPE AND THENCE NORTH 720 15' 00" WEST 76.55 FEET TO AN EXISTING IRON PIPE, THE POINT AND PLACE OF BEGINNING AND CONTAINING 1.844 ACRES ACCORDING TO THE PLAT OF THE PROPERTY OF E. T. YOST, DATED MAY 26, 1988, PREPARED BY G. SCOTT WILSON, RLS. THIS CONVEYANCE IS MADE SUBJECT TO ALL EASEMENTS, ENCUMBRANCES AND RIGHTS OF WAY RECORD AFFECTING THE SUBJECT PROPERTY AND TO THE TWELVE (12) FOOT RETAINING WALL ENCROACHMENT LOCATED AT THE NORTHWEST CORNER OF THE SUBJECT PROPERTY. THERE IS HEREBY ALSO CONVEYED TO GRANTEE, ANY RIGHTS OF E. T. YOST OF INGRESS, EGRESS AND REGRESS OVER AND ALONG THE TEN (10) FOOT WIDE ROAD FROM U. S. HIGHWAY NO. 1 TO THE SOUTH BANK OF THE NEUSE RIVER IN ACCORDANCE WITH RIGHTS HERETOFORE RESERVED BY INSTRUMENTS RECORDED IN BOOK 1406, PAGE 286 AND BOOK 1665, PAGE 281, WAKE COUNTY REGISTRY. SEVENTEENTH TRACT: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF DURANT ROAD AND THE CENTERLINE OF THE SEABOARD COAST LINE RAILROAD; RUNS THENCE SOUTH 590 46' EAST 868.94 FEET TO A POINT, THE INTERSECTION OF THE CENTERLINE OF DURANT ROAD AND THE CENTERLINE OF THAT 30.00 FOOT ROADWAY SHOWN IN'BOOK OF MAPS 1885, PAGE 106. WAKE COUNTY REGISTRY, AND UNOFFICIALLY NAMED POWELL-PULLEY DRIVE; RUNS THENCE NORTH 290 35' 12" EAST 813.63 FEET" TO A NEW IRON PIPE SET IN THE EASTERN RIGHT-OF-WAY LINE -OF POWELL-PULLEY DRIVE, THE POINT AND PLACE OF BEGINNING; RUNS THENCE WITH THE EASTERN RIGHT-OF-WAY LINE OF POWELL-PULLEY DRIVE NORTH 280 22' 05" EAST 100.00 FEET TO A NEW IRON PIPE SET IN THE LINE OF THAT PROPERTY NOW OR FORMERLY BELONGING TO MALLINCKRODT, INC.; RUNS THENCE WITH THE MALLINCKRODT, INC. LINE SOUTH 610 36' 00" EAST 180.00 FEET TO A NEW IRON PIPE SET; RUNS THENCE WITH THE LINE OF THAT PROPERTY NOW OR FORMERLY BELONGING TO SIDNEY POWELL, SOUTH 280 22' 05" WEST 100.00 FEET TO A NEW IRON PIPE SET; CONTINUES THENCE WITH THE LINE OF THE -AFORESAID POWELL PROPERTY NORTH 61" 36' 00" WEST 180.00 FEET TO A NEW IRON PIPE SET, THE POINT AND PLACE OF BEGINNING AS SHOWN ON THAT PLAT ENTITLED "PROPERTY SURVEY FOR MALLINCKRODT, INC.", DATED JULY 29, 1991, PREPARED BY JAMES S. MURPHY, REGISTERED LAND SURVEYOR. EIGHTEENTH TRACT: BEING ALL OF LOTS 1, 6, 7, 8, 9, 14, 15, 19, 20, 21 AND 22 OF BLOCK 3 AND LOT 1 OF BLOCK 2 AS SHOWN ON THAT PLAT ENTITLED "MAP OF MARY H. PACE'S PROPERTY" RECORDED IN BOOK OF MAPS 1885, PAGE 106, WAKE COUNTY REGISTRY. NINETEENTH TRACT: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PULLEY-POWELL ROAD AND DURANT ROAD; RUNS THENCE NORTH 50 37' 56" WEST 174.53 FEET TO AN EXISTING IRON PIPE, THE POINT AND PLACE OF BEGINNING, RUNS THENCE NORTH 590 33' 57" WEST 119.79 FEET TO AN EXISTING IRON PIPE; RUNS THENCE NORTH 51 32' 51" EAST 200.38 FEET TO AN EXISTING IRON PIPE; RUNS THENCE SOUTH 600 51' 47" EAST 127.64 FEET TO AN EXISTING IRON PIPE; RUNS THENCE SOUTH 70 565S" WEST 199.88 FEET TO AN EXISTING IRON PIPE, THE POINT AND PLACE OF BEGINNING, CONTAINING APPROXIMATELY ;5232 ACRES AND BEING ALL OF THAT UNNUMBERED AND UNNAMED LOT LOCATED IN BLOCK 1 AS SHOWN ON THAT PLAT ENTITLED "MAP OF MRS. MARY H. PACE'S PROPERTY" DATED NOVEMBER, 1908 AND RECORDED IN BOOK OF MAPS 1885, PAGE 106, WAKE SLC-8436663-1 Raleigh, NC COUNTY REGISTRY. BEING ALL OF THE PROPERTY CONVEYED TO MALLINCKRDOT, INC. BY DEED DATED 24 FEBRUARY 1993, RECORDED IN BOOK 5511, PAGE 234, WAKE COUNTY REGISTRY. TWENTIETH TRACT: BEGINNING AT A POINT IN THE NORTHERN RIGHT-OF-WAY LINE OF DURANT ROAD, S. R. 2006, A CORNER WITH THE PROPERTY NOW OR FORMERLY BELONGING TO MALLINCKRODT, INC.; RUNS THENCE WITH THE MALLINCKRODT, INC. LINE NORTH 80 24' EAST 171.90 FEET TO A POINT, CONTINUES THENCE WITH MALLINCKRODT, INC. LINE SOUTH 580 V EAST 318 FEET TO AN EXISTING IRON PIPE; CONTINUES THENCE WITH THE MALLINCKRODT, INC. LINE SOUTH 31° 52, WEST 152.20 FEET TO A POINT IN THE NORTHERN RIGHT OF -WAY LINE OF DURANT ROAD; RUNS THENCE WITH THE NORTHERN RIGHT-OF-WAY LINE OF DURANT ROAD APPROXIMATELY 250.14 FEET TO THE POINT AND PLACE OF BEGINNING, BEING ALL OF THAT PROPERTY ACQUIRED BY BARBARA S. SWEAT BY WILL FROM LOLA T. SMITH, WAKE COUNTY CLERK OF SUPERIOR COURT FILE NO. 81-E-1012, AND ACQUIRED BY LOLA T. SMITH BY WILL FROM RAYMOND'E. SMITH, WAKE COUNTY CLERK OF SUPERIOR COURT FILE NO. 19760, AND CONVEYED R. E. SMITH BY DEED FROM A.H. BYRUM AND WIFE, MAMIE T. BYRUM, DATED APRIL 15, 1936 AND RECORDED IN BOOK 718, PAGE 409, WAKE COUNTY REGISTRY, AND BEING ALL OF THE PROPERTY OWNED BY BARBARA S. SWEAT ON.THE NORTH SIDE OF DURANT ROAD AND HAVING AN ADDRESS OF 9016 DURANT ROAD, RALEIGH, NORTH CAROLINA. TWENTY-THIRD TRACT: ALL THAT CERTAIN LAND SITUATE IN NEUSE RIVER TOWNSHIP, WAKE COUNTY, NORTH CAROLINA, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN SET IN THE NORTH LINE OF DURANT ROAD (SF. 2005), AT THE SOUTHWEST CORNER OF THE FOURTH TRACT OF LANDS NOW OR FORMERLY OF MALLINCKRODT, INC., AS DESCRIBED IN DEED RECORDED IN DEED BOOK 4034, PAGE 520 (E.M. 1895, PG. 106); THENCE WITH THE NORTH LINE OF DURANT ROAD, NORTH 640 27' 19" WEST 55.01 FT. TO AN IRON PIN SET, BEING 40 FT. EAST OF AND PERPENDICULAR TO THE CENTERLINE OF GRANTOR'S MAIN TRACK; THENCE PARALLEL WITH AND DISTANT 40 FT. EAST OF THE CENTERLINE OF TRACT, NORTH 250 00' 00" EAST 995.97 FT. TO A POINT; THENCE CONCENTRIC WITH THE CENTERLINE OF TRACT 117.19 FT. ALONG THE ARC OF•A CURVE TO THE RIGHT HAVING A RADIUS OF 6,504.32 FT. AND CHORD BEARING AND DISTANCE OF NORTH 260 30' 58" EAST 117.19 FT. TO AN IRON PIN 'SET, THENCE SOUTH 730 49' 00" EAST 55.77 FT. TO AN IRON PIN SET IN THE WEST LINE OF THE LANDS OF MALLINCKRODT, INC.; THENCE WITH THE LANDS OF MALLINCKRODT, SOUTH 250 00' 00" WEST 1,122.23 FT, TO THE POINT OF BEGINNING; CONTAINING 1,435 ACRES, MORE OR LESS, ACCORDING TO A SURVEY AND PLAT THEREOF BY W. GRAHAM CAWTHORNE, JR., REGISTERED LAND SURVEYOR, DATED APRIL 21, 1992, RECORDED OR INTENDED TO BE RECORDED AMONG THE RECORDS OF WAKE COUNTY. TWENTY-FOURTH TRACT: BEGINNING AT A STAKE IN THE EASTERN LINE OF'SIDNEY POWELL PROPERTY IN NEUSE TOWNSHIP, SAID STAKE BEING AT THE SOUTHWEST CORNER OF,SAID LAND AND ON AN UN -NAMED STREET; RUNS THENCE NORTH ALONG SAID STREET 65 FEET TO A STAKE; RUNS THENCE EAST IN A LINE PARALLEL WITH THE SOUTH LINE OF SAID SIDNEY POWELL PROPERTY 85 FOOT TO A STAKE; RUNS THENCE SOUTH IN A LINE PARALLEL WITH LINE OF SAID STREET 65 FEET TO THE SOUTH LINE OF THE SIDNEY POWELL LAND; RUNS THENCE WEST WITH SAID POWELL LINE, 85 FEET TO THE POINT OF BEGINNING. THE SAME BEING A PART OF THE LAND CONVEYED BY RICKMAN ALLEN, ET ALS, TO J. R. MCGEE, WHICH DEED IS RECORDED IN BOOK 286, PAGE 263, AND BEING A PART OF THE LAND CONVEYED TO SIDNEY POWELL AND WIFE, BY DEED RECORDED IN BOOK 456, PAGE 880, OFFICE OF 5LC-8436663-1 Raleigh, NC THE REGISTER OF DEEDS OF WAKE COUNTY. TWENTY-FIFTH TRACT: COMMENCING AT THE INTERSECTION OF THE.CENTERLINE OF DURANT ROAD AND THE CENTERLINE (EXTENDED) OF PULLEY-POWELL ROAD; RUNS THENCE WITH THE CENTERLINE OF DURANT ROAD NORTH 590 46' 0" WEST 100.24 FEET TO A POINT, THE POINT AND PLACE OF BEGINNING; RUNS THENCE WITH THE CENTERLINE OF DURANT ROAD NORTH 590 46' 0" WEST 81.59 FEET TO A POINT; RUNS THENCE LEAVING THE CENTERLINE OF DURANT ROAD AND RUNNING WITH THE LINE OF THAT PROPERTY NOW OR FORMERLY BELONGING TO MALLINCKRODT, INC. NORTH 16° 0' 00" EAST 94.61 FEET TO AN IRON PIPE FOUND; CONTINUES THENCE WITH THE LINE OF THAT PROPERTY NOW OR FORMERLY BELONGING TO MALLINCKRODT, INC. SOUTH 730 29' 48" EAST 79.09 FEET TO AN IRON PIPE FOUND; CONTINUES THENCE WITH THE LINE OF THAT PROPERTY NOW OR FORMERLY BELONGING TO MALLINCKRODT, INC. SOUTH 160 0' 00'' WEST 113.97 FEET TO A POINT IN THE CENTERLINE OF DURANT ROAD, THE POINT AND PLACE OF BEGINNING, CONTAINING 8,247 SQUARE FEET AS SHOWN ON THAT PLAT ENTITLED "BOUNDARY SURVEY PERFORMED FOR MALLINCKRODT, INC." DATED FEBRUARY, 1993, AND PREPARED BY JAMES S. MURPHY, REGISTERED LAND SURVEYOR. BEING ALL OF THAT PROPERTY CONVEYED TO GRANTOR BY THAT DEED RECORDED IN BOOK 579, PAGE 566, WAKE COUNTY REGISTRY. >,11 AMI " LOTA BEGINNING AT A POINT IN THE WESTERN LINE OF STREET, 448 FEET, N. 26-30' E, FROM THE NORTHERN LINE OF HONEYCUTT LOT, WHICH SAID LOT FACES ON THE NEUSE AND DUNNEVILLE ROAD; THENCE N. 63-30' W. 150 FEET; THENCE N. 26-30' E. 200 FEET, THENCE S. 26-30' E. 150 FEET; THENCE.S. 63-30' W. 200 FEET ALONG THE WESTERN LINE OF SAID STREET TO THE POINT OF BEGINNING, BEING LOTS NOS. 2, 3, 4 AND 5 OF BLOCK 3, ACCORDING TO A CERTAIN MAP MADE BY R. B. SEAWELL, ENGINEER, IN NOVEMBER 1908, WHICH SAID MAP IS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR WAKE COUNTY IN BOOK OF MAPS 1885 AT PAGE 106. LOT B BEGINNING AT AN IRON STAKE IN THE EASTERN LINE OF STREET, SAID STAKE BEING 105 FEET SOUTH OF CORNER BETWEEN LOTS C & D, ACCORDING TO A MAP REGISTERED IN THE OFFICE OF THE REGISTER OF DEEDS FOR WAKE COUNTY, IN BOOK OF MAPS 1885 AT PAGE 106, RUNS THENCE NORTH ALONG SAID STREET, 210 FEET TO A STAKE; THENCE EAST PERPENDICULAR TO SAID STREET, 210 FEET TO A STAKE; THENCE PARALLEL WITH SAID STREET 210 FEET TO A STAKE; THENCE WEST 210 FEET TO THE BEGINNING, CONTAINING ONE ACRE, AND BEING THAT PARCEL OF LAND CONVEYED BY HICKMAN ALLEN AND WIFE, ET ALS, TO J. R. MCGEE BY DEED DATED FEBRUARY 10, 1914, WHICH SAID DEED IS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR WAKE COUNTY, IN BOOK 286 AT PAGE 263. TWENTY-EIGHTH TRACT: BEGINNING AT A POINT IN THE SOUTHWEST CORNER OF LOT 8 ON MAP TO WHICH REFERENCE IS HEREINAFTER MADE, SAID POINT BEING NORTH 87 DEG. 37 MIN. 58 SEC. EAST 661.81 FEET FROM AN EXISTING PK NAIL AT CENTER LINE OF THE INTERSECTION OF DURANT ROAD AND A RAILROAD; THENCE ALONG THE WESTERN LINE OF LOT'8 NORTH 03 DEG. 59 MIN. 25 SEC. EAST 172.58 FEET TO THE NORTHWEST CORNER OF LOT 8; THENCE ALONG THE NORTHERN LINE OF LOTS 5 THROUGH 8, SOUTH 63 DEG. 30 MIN. 00 SEC. EAST 243.69 FEET TO THE NORTHWEST CORNER OF LOT 5; THENCE SLC-8436663-1 Raleigh, NC ALONG THE EASTERN LINE OF LOT 5 SOUTH 26 DEG. 30 MIN. 58 SEC. WEST 157 FEET TO THE SOUTHEAST CORNER OF LOT 5; THENCE ALONG THE SOUTH LINE OF LOT 5, NORTH_ 68 DEG. 37 MIN. 11 SEC. WEST 50.10 FEET TO THE COMMON CORNER OF LOTS 5 AND 6; THENCE ALONG THE SOUTHERN LINE OF LOTS 6 THROUGH 8 NORTH 62 DEG. 35 MIN. 11 SEC. WEST 127.68 FEET TO THE POINT AND PLACE OF BEGINNING, BEING LOTS 5, 6, 7 AND 8, BLOCK 1 OF THAT CERTAIN MAP ENTITLED "MAP OF MRS. MARY H. PACE'S PROPERTY," RECORDED IN BOOK OF MAPS 1885, PAGE 106, WAKE COUNTY REGISTRY. SEE ALSO SURVEY OF M.M. WEEKS DATED 11/2/95. ADDITIONAL 7 ACRE (MORE OR LESS) TRACT: LYING AND BEING IN WAKE COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON STAKE ON THE NORTHERN MARGIN OF THE RIGHT-OF-WAY OF DURANT ROAD, POINT BEING LOCATED AT THE INTERSECTION OF A C.P. & L. POWERLINE EASEMENT AS SHOWN ON BOOK OF MAPS 1990, PAGE 779 OF THE WAKE COUNTY REGISTRY, THENCE LEAVING THE POINT OF BEGINNING AND RUNNING ALONG THE SAID C;P.8 L. EASEMENT NORTH 21 DEGREES 50 MINUTES 10 SECONDS WEST 805.89 FEET TO A FOUND IRON STAKE; THENCE CONTINUING WITH SAID C.P.&L. EASEMENT NORTH 13 DEGREES 47 MINUTES 48 SECONDS EAST 129.81 FEET TO A FOUND IRON STAKE; THENCE LEAVING THE SAID C.P.&L. EASEMENT AND RUNNING WITH THE MALLINCKRODT, INC. PROPERTY (AS FOUND IN DEED BOOK 8529 PAGE 944) SOUTH 85 DEGREES 42 MINUTES '10 SECONDS EAST 606.05 FEET TO A FOUND FENCE POST; THENCE WITH SEVEN (7) OF NEW LINES FOLLOWING THE EXISTING FENCE LINE: 1) SOUTH 05 DEGREES 22 MINUTES'24 SECONDS WEST 282.93 FEET, 2) NORTH 86 DEGREES 37 MINUTES 41 SECONDS WEST 156.88 FEET, 3) SOUTH 04 DEGREES 03 MINUTES 02 SECONDS WEST 200.34 FEET, 4) SOUTH 73 DEGREES 52 MINUTES 20 SECONDS EAST 35.37 FEET, 5) SOUTH 28 DEGREES 53 MINUTES 55 SECONDS WEST 165.60 FEET, 6) SOUTH 24 DEGREES 37 MINUTES 14 SECONDS EAST 100.71 FEET, 7) SOUTH 08 DEGREES 02 MINUTES 07 SECONDS WEST 165.92 FEET (EXTENDING PAST THE LAST FENCE POST) TO A POINT ON THE RIGHT-OF-WAY OF DURANT ROAD; THENCE ALONG THE NORTHERN MARGIN OF THE RIGHT-OF-WAY OF DURANT ROAD NORTH 63 DEGREES 57 MINUTES 53 SECONDS WEST 123.55 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 7.2402 ACRES MORE OR LESS. S LC-8436663-1 Raleigh, NC y Mallinckrodt Pharmaceuticals February 10, 2015 Mr. Bradley Bennett, Supervisor Division of Energy, Mineral and Land Resources NC Dept. of Environment and Natural Resources 512 N. Salisbury Street Archdale Building— 9'h Floor Raleigh, NC 27604 Re: Mallinckrodt LLC - Raleigh, Wake County, North Carolina Delegation of Authority Dear Mr. Bennett: Attached is a copy of the delegation of authority for our new Site Director, Eric McCafferty, for your files. Please call me at (919) 878-2895 if you have any questions concerning this delegation. Sincerely, Mallinckrodt LLC Tim Roberts Envilronmental Coordinator Attachment cc: John }-Tolley - NCDENR DEMLR-RRO, w/Attachment Eric Berry - Mallinckrodt, w/Attachment Tim Roberts - Mallinckrodt, w/Attachment Julie Summers - Mallinckrodt, w/Attachment Submitted Via EMall I 8601 Capital Boulevard • Raleigh, NC 27616 919,678.2800 T 919,878.2623 F • www,malIinckr4gt 2m E i E DELEGATION OF AUTHORITY The undersigned, Eric Berry, does hereby certify that he is Vice -President and Assistant.Secietary of Mallinckrodt LLC (Mallinckrodt), and that, as such officer, he is duly authorized to delegate authority to execute permits, certifications and licenses or any other such report regarding the discharge of stortnwater. He hereby delegates and designates the position of Site Diiector for Mallinckrodt's Raleigh, North Carolina, facility as person authorized on.behalf of Mallinckrodt to execute any permit application; report or certification and any documents associated therewith which must be certified in accorciance with applicable statutes and their associated "regulations in connection with Mallinckrodt's facility located at 8801 Capital Bbulevard,'Raleigh, North Carolina. IN WITNESS WHEREOF, the undersigned has executed this delegation of authority in the name of and on behalf. of Mallinckrodt as of.the 6rh day of Febbruary, 2015, Feb 61 201.5 Dater By: Eric Berry The: forego ing,instrument wasacknowledged before me this day of February 2015, by Eric Berry on behalf of Mallinckrodt LLC: He is personally; known to me'or has produced appropriate identification. Notary Public Name: n��,�-�' . ww Notary'Public Signature` Commission Expiration' Date: C k9 i � 1- "ISTINE p, WALL Notary PuDUC40tary Seal State of Missouri, Jakeryon county Commisalon # 13491811 My commisslon Expires ep 9, 2017 1'e Via Federal Express June 14, 2011 Ms. Dina Sprinkle NC DENR Division of Water Quality 512 N. Salisbury Street Raleigh, NC 27603 C3 COVIDIEN RE: Notification of Conversion of Mallinckrodt Inc. to Mallinckrodt LLC Dear Ms. Sprinkle: This letter is to notify you that on or about June 24, 2011, Mallinckrodt Inc., an indirect subsidiary of Covidien plc, intends to complete an intercompany reorganization that will result in Mallinckrodt Inc. being converted into a limited liability company, Mallinckrodt LLC. This conversion is being done in accordance with Delaware corporate law and is tentatively scheduled to be completed on June 24, 2011. Mallinckrodt Inc. owns legal title to property, plant and equipment subject to the licenses or permits described on "Exhibit A" to this notification. The following is a simplified summary of the proposed steps: (1) Mallinckrodt Inc. will file a certificate of conversion under Delaware law to convert the company into a limited liability company; (2) after the conversion to a limited liability company, the entity will be renamed as Mallinckrodt LLC; and (3) the ownership of Mallinckrodt LLC will be transferred to Mallinckrodt Enterprises LLC, a Delaware limited liability company that is also wholly owned by indirect subsidiaries of Covidien pie. None of these transactions involve any legal entities which are not affiliated with Mallinckrodt Inc. All of the movement of assets and ownership is within the group of companies all wholly owned directly or indirectly by Covidien plc. Please note, Mallinckrodt LLC is the same company, Mallinckrodt Inc., that is currently permitted. By this letter, Mallinckrodt Inc. is notifying the North Carolina Department of Environment and Natural Resources that the above referenced transaction will occur on or about June 24, 2011. On the date the transaction is completed, an additional correspondence will be sent to your office, confirming that the conversion of Mallinckrodt Inc. to Mallinckrodt LLC has been finalized. Mallinckrodt is providing the following information to assist you in your review of the transaction. MALLINGKIZ001ING. 8801 CA['] -[AI. IkVD iZALt:lc;x, NC z7616-3116 919-878-2800 [d gig-878-2823[rI ~5 0 Y r=3 Lg ��- ---- JUN 15 2011 1. The new name of the organization will be Mallinckrodt LLC. Their headquarters address will remain at the current location. Mallinckrodt LLC 675 McDonnell BIvd Hazelwood, MO 63442 2. All contact information used for the existing permit including telephone number(s) and names will remain the same. 3. There will be no changes in personnel having control over the permit and all officers and managers of Mallinckrodt LLC will be the same as Mallinckrodt Inc. 4. At this time, Mallinckrodt Inc. does not plan any specific changes to the organization, location, facility, equipment or procedures. If Mallinckrodt does intend to modify or change the organizational structure which may impact the permit, Mallinckrodt will notify your agency as necessary. 5. All records retained in connection with the permit will be maintained at the current location. 6. Mallinckrodt LLC will continue to abide by all commitments and representations within the permit and will maintain all permit terms, conditions, and requirements upon conversion to Mallinckrodt LLC. Please note that we would appreciate your expeditious review of this notice and provide a response if you need any additional information. If you have any questions regarding the foregoing, please contact the undersigned at 919-878-2895, or, Patricia Duft, Mallinckrodt's Chief EHS Counsel at 314-654-6314. Enc: Exhibit "A" -Permit List Cc: file Kay Yoder (Mallinckrodt) Patricia Duft (Mallinckrodt) Sincerely, Tim Roberts Exhibit A Page 2 Facility Location License Type License Number Raleigh, NC Stormwater Retention 01-0344 Pond — Temporary Diversion Berm Page 3 Permit: NCS000136 SOC: County: Wake Region: Raleigh Compliance Inspection Report Effective: 05/01/06 Expiration: 04/30/11 Owner: Mallinckrodt Inc Effective: Expiration: Facility: Mallincrodt, Inc. 8801 Capital Blvd Contact Person: Tim Roberts Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08/20/2009 Primary Inspector: Judy E Garrett Secondary Inspector(s): Title: Entry Time: 09:30 AM Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant 0 Not Compliant Question Areas: Storm Water (See attachment summary) Raleigh NC 27616 Phone: 919-878-2895 Certification: Exit Time: 12:30 PM Phone: Phone: 919-791-4200 Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000136 Owner - Facility: Mallinckrodt Inc Inspection Date: 08/20/2009 inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCS000136 Owner -Facility: Mallinckrodt Inc Inspection Date: OBl2012009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 2r1n❑ ❑ # Does the Plan include a General Location (USGS) map? Z Q ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ ❑ # Does the Plan include a detailed site map including outfail locations and drainage areas? ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? 0 ❑ ❑ # Does the facility provide all necessary secondary containment? ( ❑ ❑ # Does the Plan include a BMP summary? IB n ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 9 ❑ /0 ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan ❑ ❑ `b0 # Does the facility provide and document Employee Training? 51 40 y ❑ ❑ Q # Does the Plan include a list of Responsible Party(s)? ,< T �'. ❑ ❑ updated an ? # Is the Plan reviewed and annually? p ❑ :,,cc] ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ Comment: Qualitative Monitoring Yes 52 NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? v ❑ Y# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ Comment: Permit and Outfalls Yes Nq NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ # Were all outfalls observed during the inspection? V0 ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ !/ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? — ❑ ❑ ❑ ❑ Comment: ads U Page: 3 o`'o� WAr�9p� CO Michael F. Easley, Governor William Secretary Wi am G. Ross, Jr., S c etary North Carolina Department of Environment and Natural Resources p Y Mr. Tim Roberts Environmental, Health & Safety Mallinckrodt Inc. 8801 Capital Boulevard Raleigh, NC 27616-3116 Alan W. Klimek, P.E., Director Division of Water Quality Subject: Results of Site Visit for Compliance Evaluatindasection and Permit Renewal Application Review o 01/30/2006 NPDES Stormwater NCSOOO136 Mallinckrodt Inc. -Raleigh Wake County Dear Mr. Roberts: The January 30th, 2006 interview and tour that you provided to Mr. Ron Boone during his annual inspection visit to your Raleigh pharmaceutical plant was greatly appreciated. This visit was made for the dual purpose of performing the annual Compliance Evaluation Inspection (CEI), as well as to review facility operations and gather information in support of renewing your stormwater permit, NCS000136. Your permit was issued 1 April 2000 by authority of North Carolina General Statute (NCGS) 143-215.1, and is intended to prevent pollution of state waters that receive stormwater discharges from your facility. Please use the permit references listed throughout this report for further explanation and compliance details of each item cited. SITE SUMMARY Your site is a bulls pharmaceutical production facility that uses many different chemicals in the production process. Vehicle maintenance activities are not performed on site and therefore Part H, Section D, of your permit does not apply. All stormwater generated at your site is collected via a system of in -ground drains that convey the stormwater to one of five outfalls located across your facility. Outfalls MC001 and MC002 discharge into Perry Creek, a tributary of the Neuse River. Outfalls MC003, MC004, and MC005 discharge directly into the Neuse River. Both waters are classified as class C, nutrient sensitive waters. INSPECTION FINDINGS The list below shows conditions and practices observed during the tour portion of the inspection. In general your site was clean and well maintained. Of those activities reviewed during the visit, no observations that demonstrate non-compliance with the conditions of your stormwater permit were noted. 1�_ Arse Caro ina tura}!r� North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o,enrstate.ne.4s 1628 Mail Service Center Raleigh. NC 27699-1628 FAX (919) 791-4718 1.877-623.6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled]10% Post Consumer Paper Mallinckrodt Inc, Compliance Evaluatio Inspection & Permit Renewal Application Review, ruary 30, 2006, NCS000136 Page 2 of 2 The list below shows "nditions observed during the interview portion of the inspection. • The stormwater pollution prevention plan (SP3) was in good condition. Only minor discrepancies were noted as indicated below: • The site plan component of the SP3: • The general location map does show outfall locations and the receiving waters but lines that show where each of the outfalls flow, from the point where they leave your property to the point where they actually combine with the Neuse, should be drawn on the map. Additionally, the map did not show an accurate latitude/longitude of the point(s) of discharge. It is noted that there was a latitude/longitude for the "center" of the plant site within the site plan. We would like to suggest for the purposes of consistency, that you label the outfalls on the map with the same labels used for your analytical monitoring (Part II, Section A, Paragraph 1 a). • The site map did not list existing Best Management Practices (BMP) and did not show the percentage of impervious surface for each drainage area. Also, the map did not include a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge at each outfall. It is noted that complete lists of BMPs and potential pollutants for each outfall are incorporated in different areas'of your Stormwater Pollution Prevention Plan (SP3). This will meet the requirement if you reference on the site map the exact location of these items in the SP3 (Part II, Section A, Paragraph lc). • Your Spill Prevention and Response Plan (SPRP) refers to your Spill Prevention, Control and Countermeasure Plan (SPCC - as required by the Environmental Protection Agency), to meet the SPRP requirement. Please ensure that the locations of those components of the SPRP that are found in your SPCC, are referenced appropriately in the SPRP (Part II, Section A, Paragraph 3). • Your employee -training program was comprehensive and well organized. However, training schedules and records were not maintained in the SP3. Please reference the storage location of the schedules and records in the training section of your SP3 (Part II, Section A, Paragraph 5). • The SP3 was not reviewed and updated in 2002 and 2003. Please ensure that this annual review is accomplished and appropriately annotated in the SP3 (Part II, Section A, Paragraph 7). • Qualitative monitoring results for 2002 were not available. Also, a number of the monitoring events did not take place during the required timeframes of spring (April -June) and fall (September - November). Please ensure that all future qualitative monitoring events are accomplished sometime within the specified timeframes (Part II, Section B and C). In conclusion, Mr. Boone noted a minimal number of minor discrepancies during his inspection of your facility. Please continue to be diligent in your efforts to meet the requirements of your discharge permit and protect the natural habitat surrounding your site. If you have any questions regarding the inspection or this letter, please contact Mr. Boone at 919-791-4200. Sincerely, Kenneth Schuster, P.E. Raleigh Regional Surface Water Quality Supervisor cc: Stormwater Permitting Unit Central Files Non -Point Source Compliance Enforcement Unit ftllw w MEMORANDUM DIVISION OF WATER QUALITY February 1, 2006 To: Bethany Georgoulias Stormwater Permitting Unit Through: Ken Schuster 4S V RRO, Surface Wate Protection Section From: Ronald Boone (Zo � RRO, Surface Water Protection Section Subject: Review of Staff Report and -Facility Operations for Renewal of Permit NCS000136( allinckrodt Inc. Mr. Tim Roberts Environmental, Health & Safety Mallinckrodt Inc. 8801 Capital Boulevard Raleigh, NC 27616-3116 Wake County The following is a summary of my findings with regards to the renewal of Mallinckrodt Inc's stormwater discharge permit, NCS000136. I conducted a compliance evaluation inspection and review of operations at the site on 01/30/2006, with Mr. Tim Roberts. With regards to the changes you proposed in your staff review and evaluation: * I concur with your suggestion to retain monitoring based on past results of analytical monitoring and potential pollutants at the site. The site remains a significant source of potential pollution to the.Neuse River. * Given that the site is a potentially significant source of ammonia and nitrates, as well as the need to gather data to support future ammonia TMDL modeling for the Neuse River basin, I concur with the proposal to add pH, ammonia, and nitrate monitoring requirements. e I concur with the proposal to replace total dissolved solids (TDS) testing with total suspended solids (TSS) testing because TDS testing is redundant of conductivity testing, which is also required. Additionally, as you point out in your report, many elements that are detected with TDS are being monitored separately (i,e. nitrates, chlorides, and sulfates) and an approximate TDS can be derived from conductivity measurements. 0 • I concur with your proposal to change all analytical monitoring frequencies to semi-annual to make them consistent with qualitative monitoring frequencies. • I concur with your proposal to remove phosphorus -monitoring requirements because the site is not a significant source of this element and because phosphorus is not currently the principle element of concern in the Neuse basin. Discussion during the site visit confirmed the only source of phosphorus is one exposed phosphoric acid tank located at the wastewater. treatment plant. • I concur with your proposal to incorporate benchmark values for all parameters. This will allow the permit holder to use the benchmarks as guidelines to continually evaluate the effectiveness of its BMPs and SP3. • I concur with your proposal to remove the total flow -monitoring requirement and instead require the permittee to update the site map to show the drainage area for each outfall in acres. This, along with event duration and total rainfall, will enable the permittee to estimate flows when necessary. • I concur with retaining the requirement to test for sulfates and adding ammonium sulfate monitoring. As confirmed during the site visit, the site is a potentially significant source for sulfates. • I concur with. your proposal to remove chlorides testing. Discussion during the site visit confirmed that there is no significant source of chlorides at the site. • I do not concur with your proposal to add oil/grease testing to the permit. Although there is a significant amount of petroleum product on site, many units storing petroleum products are already protected with secondary containment. Additionally, the chances of an incident occurring in which the stormwater discharges are contaminated with petroleum product are minimal. Finally, requiring them to test for oil/grease twice per year doesn't really add any degree of protection. The only time they would detect any amount is when a spill occurs. Hopefully, if a spill occurs, they will have already noticed and addressed the situation before they could have nm an oil/grease test. With regards to my own observations during the inspection: When I perform inspections, I like to see the conveyance between the points of discharge and the receiving streams drawn on the general location maps (GLM). Part 11, Section A, Paragraph 1 a, only requires the permittee to show the discharges with the latitudes and longitudes, and the receiving stream. It does not require them to show the conveyance in between. I think we should require them to show this conveyance on the GLMs. Also, neither of the terms "outfall" nor "the point of discharge", are defined in the back of the permit. I would think that this would be a very important thing to define. Is it the point at which their waste streams cross their property line, or the point at which their waste streams enter the waters of the state? The definition will affect the way that permittees label the outfall, receiving streams, and the conveyances between these two points, on their GLMs. I guess ultimately, how can we expect the permittee to have the lats/longs of discharge pointsloutfalls, if we don't define the term(s)? At this point, we're allowing them to define their own discharges, correct? .a, ." '00 M • As a sub -point to the one above, the permit cover page indicates that all five outfalls at this site discharge directly to the Neuse. This is incorrect. They actually have five outfalls labeled MC001 through MC005. MCOOI and MC002 discharge into Perry Creek, a tributary to the Neuse. MC003 through MC005 discharge directly into the Neuse River. Both waters are classified C/NS W. • Part II, Section A, Paragraph le, requires the permittee to include many different items on the site map. Each item by itself is an important component of the SP3, however, fitting all the things mentioned in paragraph lc on a map is somewhat difficult to do without the map becoming very cluttered and difficult to read. I suggest including some of these things in different areas of the site plan component of the SP3 rather than requiring them to be included on the actual site map. Alternatively, write in a caveat that allows the permittee to put these things in a different area of the SP3 as long as they include a reference to their locations on the site map. Specific items we should consider for this change are: 1.) Activities that occur in each drainage area, 2.) Procedural BMPs, and 3.) The list of potential pollutants for each of the outfalls. • Part II, Section A, Paragraph I e, requires the permittee to certify that stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Can we give some criteria here that the permittee can use to ensure he/she has met the requirement? In other words, does it have to be an engineer's certification, or a certification based on lab results? Also, do the outfalls have to be recertified every so often? If so, how often? • Part H, Section A, Paragraph 5, requires the permittee to develop a training program for spill response and cleanup and preventative maintenance activities. What maintenance activities must be covered by this program? As the paragraph currently reads, it sounds as if ALL employees must be trained in ALL maintenance tasks, whereas I think the meaning of the requirement is to have all those whose job could possibly effect the quality of stormwater discharges trained the in the preventative maintenance of the equipment they use to do their jobs, as well as any stormwater BMPs, structural and procedural. Should we clarify this requirement a little? W A rF Michael F. Easley, Governor `o�0 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co 7 Alan W. Klimek, P. E. Director Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION R$0 , f NPDES Stormwater Permit �� Facility Name: Mallinckrodt, Incorporated NPDES Permit Number: NCS000136 Facility Location: Raleigh, NC (Wake Co.) Type of Activity: Industrial —Manufactures specialty pharmaceutical products SIC Code (if applicable): 2833 Receiving Streams: Neuse River, index no. 27-(20.7) River Basin: Neuse River Basin, Sub -basin 03-04-02 Stream Classification: WS-IV NSW (Reclassified 7/2004); proposed reclassification to WS-V NSW pending (12/2005?) Proposed Permit Requirements: See attached draft permit. Compliance Schedule: N/A Basis for Monitoring: See attached Monitoring Data Analysis. Retained monitoring, based on results and potential pollutants at the site. Also added pH, ammonia, nitrate, and ammonium sulfate monitoring. Removed phosphorus monitoring because site is not a significant source. Replaced TDS with TSS monitoring. Activities did not trigger vehicle maintenance monitoring. All monitoring has changed to Semi -Annual (spring and fall). This change is based on the Division's revised strategy for stormwater monitoring in renewal permits and makes stormwater discharge sampling frequency consistent with qualitative monitoring. In addition, DW has incorporated benchmark values into the permit. Q rP These benchmarks are not permit limits but should be used as guidelines for the facility's Stormwater Pollution Prevention Plan (SPPP). New language in the permit specifies that if any measurements exceed benchmark values, the facility should evaluate the effectiveness of its BMPs, review and/or update its SPPP, and document any efforts to address stormwater contamination (see Part !' II, Sec. B & D). r r Total Flow monitoring has also been removed per DWQ revised �. strategy (Total Rainfall and Event Duration parameters retained). ' • Instead, Part II. Sec. A clarifies that SPPP site map include drainage area for each outfall in acres and percent impervious area in each drainage area (should flow ever need to be estimated). N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 ,SvLlrhW K&l:nR Customer Service 1-877-623-6748 NCS000136• Basis for Other Requirements: N/A. Response Requested by (Date): February 1, 2006 Central Office Staff Contact: Bethany Georgoulias, (919) 733-5083, ext. 529 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Materials S/W Permit File Analytical &Qualitative Monitoring Results summary Neuse Basinwide Plans (rev. July 2002) Central Office Review Summary: Facility discharges stormwater to a segment of the NeuseRiver that is not on the 303(d) list of impaired waters but is upstream of the Neuse River Estuary. A TMDL (total maximum daily load) for Total Nitrogen (TN) approved for the Neuse River Estuary in 2002 intended to reduce TN loading to the estuary by 30 percent. Although this facility was not allocated a TN loading for stormwater discharges, continued monitoring to support future TMDL modeling efforts/updates is important. The Neuse Basinwide Plan notes the largest impact from stormwater in this sub -basin has resulted from intense urbanization in and around the Raleigh and Cary areas; local governments covered by the Neuse Stormwater Rule are implementing control programs focused on new development activities. Since last renewal, the company has installed a new valve upstream of outfall #2 and built asphalt curbs in drainage zone #3 to improve flow segregation east and west of the acetic acid tank farm. The company built an embankment through the stormwater detention pond in 1997 (approved by USCOA) to separate runoff from zones 3A (manufacturing areas) and 3B (land application fields); outfall #3 was relocated west of the embankment and discharges only the volume collected from the fields, and the throttling device between the two areas in the pond has been closed since the end of 1996. In June 2001, DENR authorized Mallinckrodt to retain the diversion measure as a permanent structure. Qualitative Monitoring Results: Permittee sent results from 2001-04. Color varied from clear to brown, and some solids noted in 2004, but overall good. Analytical Monitoring: See attached Monitoring Data Analysis. Reviewer recommends ammonia monitoring because water collected in the earthen berm in the ammonia storage area (S-12) is pumped out onto ground (potential for runoff contamination). Also, the ammonia unloading area drains to sump that is pumped to S/W conveyance. The company apparently monitored TKN but did not report total nitrogen during the last permit term (instead continued to report only nitrates, which had been removed in the 2000 renewal). Nitrates were above the 10 mg/l benchmark at one outfall, and ammonia is a potential contaminant. Reviewer recommends retaining the TN requirement and including nitrate and ammonia monitoring. If TN were monitored only because of discharge to Neuse NSW waters (i.e., to collect data), we would not include a benchmark; however, this site and its processes are a source of that nutrient in stormwater runoff and will have a benchmark. Based on monitoring results, this site is not a significant source of phosphorus. Because this facility has few significant sources of phosphorus (one tank of phosphoric acid in a concrete dike — S-23), and because the discharge is in the Neuse basin where nitrogen is the principal nutrient of concern, the reviewer recommends removing phosphorus monitoring. Sulfate values were below the benchmark at all outfails; however, this site has other potential sources of sulfates. Ammonium sulfate is the primary by-product of the sulfuric acid used at this facility and has a 1/2 FAV more stringent than sulfate's (13.75 vs. 250 mg/1). The reviewer recommends retaining sulfate and adding ammonium sulfate monitoring. Chloride values were below the benchmark but monitoring will remain in the permit because it is a pollutant of concern (POC) at this site. The sulfate and chloride benchmarks in this permit are based on water supply standards. Maximum COD levels at most of the outfalls exceeded the 120 mg/1 benchmark, and monitoring will continue this term. The site stores numerous chemicals, but regular COD, conductivity, and pH monitoring should be 41 NCS000136 ft- appropriate surrogates for keeping BMPs and stormwater contamination in check. The reviewer also recommends replacing the total dissolved solids (TDS) monitoring with total suspended solids (TSS). Because it measures dissolved minerals, salts, metals, and other ions, TDS monitoring in addition to conductivity is redundant; conductivity is an indirect measurement ofTDS and usually runs 1-2 times those measurements. This site will also monitor specifically for sulfates, chlorides, and nitrates --constituents TDS would pick up. Monitoring frequency will change to semi-annually. This change ensures at least nine data points are collected through the permit term and makes monitoring frequency consistent with qualitative monitoring. Also, benchmark values for all parameters have also been added to the permit as a guide for the permittee to check the effectiveness of BMPs (and document efforts) when necessary. Follow-up with the company contact (Tim Roberts, 919.878.2895) on 12/ I3/05 (see attached e-mail): • Tank farm on the hill—S-10 collects runoff from acetic acid, nitrobenzene, sulfuric acid, etc. tanks; BMPs note water collected in sumps is first tested and diverted either to the WWTP or to the stormwater conveyance. What triggers WWTP diversion? Any detection at all, or a certain concentration? Normally only visual inspection. Possibility of leaks or tank release triggers chemical testing, and any detection will route the water to the WWTP. • Ammonium sulfate storage in 5-25? Is Ammonium sulfate the likely source of the sulfates detected in stormwater discharges? Not the only source. Sulfuric acid used in manufacturing processes, resulting in ammonium sulfate. Sulfites are also added during production, and some sulfates are in the treated residuals applied on the hay fields on site (Land Application Permit WQ0005537). • Vehicle maintenance did not trigger monitoring? No; all done by a third party off site. • Phosphorus sources? Noted one phosphoric acid tank... other sources or phosphorus compounds? Phosphoric acid tank is only source exposed. • No TN monitoring? Company did monitor for nitrates + nitrites and TKN; contact will provide summary of data. [TN monitoring will be in the renewal permit regardless because of sources on site and because nitrogen is a concern in the Neuse basin.] Recommendation: Based on the documents reviewed, the application information submitted on October 6, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting I Concurrence by Region Water Quality Supervis Date /z Z L 0 D S Date I Z� Zf3/Laps` Date'Z'� Date `� 6 �.:1111,w NCS000136 Regional Office Staid' Comments �Qcc�e, ra-�/ -i D wr���.� iMQ.yYlclrgVl�kvr.. U- 5� t2 �1is1T Yr�a r f`, l�ctJJ Y.a i16z/a 4 4 Stormwater Monitoring Analysis Permk: NCS000136 Facility: Mallinckrodt Reviewer. B. Cx+or�oulias Receiving Waters: Neuse Rlvpr Classification: WIT -IV Analysis Guidance: ;Check -for any measured values that equal or exceed benchmark concentration. (Check maximum value) Also consider: are any borderline, or otherwise still considered a pollutwu of concern (POC)? Use BPJ, Some values revised for (:rater Supply, given current c"ifucation. CMC = Criterion Maximum Concentration FAV = Final Acute Value Benclunartu last updated T1/01/2005 by B. Georgoulias & J. Wynn sue :_ aslt �OutfailtNWM%1&itfalt l o04DS [7utiaU- �Q r .8endsir -.. �1Y1aX _ " ' _ "�`• Parameter _- . Contr OO1�Max 002'Maii UO3.IiAax OOS:Max Units � ..., , _� __ � �=�' 1/2 FAV derived from EPKs ECOTOX Database (Feb 2005, J. Ammonium Sulfate 13.75 - mgA Wynn). CMC = 1/2 FAV ® pH 7.5 (no salmonld fish). Calculated from App. C in EPNs National Recommended WQ Criteria (Nov 2002). Ammonia, total as Nitrogen For other pHs, see p. 86 of EPA Ammonia Criteria 1999 Update Non -Trout 19.9 mgA I Document EPA-822-R-99-014 . (Expressed in m of N . Chloride 230 MkS �< : & ra' I & .: m Action Level AL from 15A NCAC 2B .0200s Chloride 250 96 20 51 18 14 Mo Water Supply standard from T5A NCAC 28 .0200s COD (Chemical Oxygen Demand) 120 170 160 - 81 100 s a i40 ".: mgfi BPJ. Generally found at levels 4 x BODS in domestic wastewaters. Conductivi None 387 212 784 230 420 uS/cm N/A y National Primary Drinking Water Regulation in 40 CFR 141.11 and Nitrate + Nitrite (NO3+NOI) TO 1.3 115 ='.'.3!22 "'= 2.1 1.2 mgA 15A NCAC 2B for nitrate (Expressed in mg/I of N). Nitrogen. Total 30 ? ? ? ? ? meA TKN + Nitrate + Nitrite Benchmarks (Expressed in mjA of N . Oil and Grease 30 m BPJ, based on wastewater permit limits. H min. max 6-9 - su Water Quality Standard (Except Sw waters can be as low as 4.3 Phosphorous 2 0.85 0.48 0.33 0.77 0.43 mgA BPJ. based on wastewater permit limits for NSW waters. 1/2 FAV derived from EPA's ECOTOX Database (Feb 2005, J. Sulfate 500 pi�_ ._ s mgtl Wynn). Sulfate 250 11 52 160 16 150 m Water Supply standard from 15A NCAC 2B .0200% TDS(Total Dissolved Solids None i80 84 510 100 330 mM N/A TSS(Total Suspended Solids 100 rngA BPJ, EPA Multi -Sector Permit It 12/28/2005 Pagel Aau,,111 � VU1 OLU111MMU1 rV1111Ll MCIMWa UUU130 Subject: RE: Mallinckrodt Stormwater Permit Renewal - NCS000136 From: "Roberts, Tim" <Tim.Roberts@TycoHealthcare.com> Date: Tue, 20 Dec 2005 09:58:54 -0600, To: Bethany Georgoulias <bethany.georgoulias@ncmail.net> Bethany, I was working on a response when I received your voice mail. I hope your pile is getting lower and I trust my answers below will help move things along with your review. Feel free to contact me to discuss any questions you have with our application. Between now and January 4, 2006 I will only be in the office Tuesday Dec. 20 (AM only) and Wednesday Dec. 21 (AM only). Thanks! Tim Roberts Environmental, Health & Safety Coordinator Raleigh Pharmaceutical Plant Tyco Healthcare/Mallinckrodt 8801 Capital Boulevard Raleigh, NC 27616 Phone: (919) 878-2895 Fax: (919) 878-2823 E-Mail: Tim.Roberts@tycohealthcare.com -----Original Message ----- From: Bethany Georgoulias (mailto:bethany.georgoulias@ncmail.net) Sent: Tuesday, December 13, 2005 3:23 PM To: Roberts, Tim Subject: Mallinckrodt Stormwater Permit Renewal - NCS000136 Mr . ' Roberts : I am working on the NPDES Stormwater Permit renewal for Mallinckrodt's facility in Raleigh, and I just had a few questions. Could you please send additional information about the following items? 1) In storage area S-10 (Tank farm on the hill), sumps collect stormwater that is subsequently released to either the WWTP or stormwater ditch after testing. What triggers WWTP diversion? Any detection of chemicals at all, or a certain threshold concentration? GENERALLY, STORMWATER IS ONLY VISUALLY INSPECTED FOR CONTAMINATION AND RELEASED IF DETERMINED TO BE CLEAN BASED ON PHYSICAL APPEARANCE AND ODOR. IF FOUND NOT CLEAN, WATER IS PUMPED TO WWTP, IF THERE IS ANY KNOWN POSSIBILITY OF A MINOR TANK RELEASE (E.G.,. PUMP SEAL LEAK), CHEMICAL ANALYSES IS PERFORMED. ANY DETECTION OF CHEMICALS IN THE SAMPLE WOULD TRIGGER DIVERSION TO THE WWTP. 2) Ammonium sulfate is stored in the MASL above ground storage tanks in S-25. This site monitored for sulfates.during the last term of the permit; is ammonium sulfate the most likely source of sulfates from this site, or are there other compounds/raw materials stored and loaded that.may also introduce sulfates in stormwater discharges? WE DO NOT BELIEVE THAT THE MASL FROM OUR OPERATIONS IS THE SOLE OR MAIN SOURCE OF SULFATES POTENTIALLY IN STORMWATER. SULFURIC ACID IS USED IN OUR PROCESSES AND AMMONIUM SULFATE IS THE RESULTING BY-PRODUCT OF ITS USE. WE ALSO ADD SULFITES DURING THE PRODUCTION OF OUR PRODUCTS, SO SULFUR -BEARING COMPOUNDS ARE IN OUR WASTESTREAMS. MASL IS ONE POTENTIAL SOURCE HOWEVER THERE ARE SOME SULFATES IN THE TREATED RESIDUALS APPLIED ON THE HAY FIELDS ON SITE THROUGH THE LAND. APPLICATION PERMIT # WQ0005537 ISSUED BY NCDENR DWQ. 3) Vehicle fuel loading tanks and areas are noted in the tables of materials storage. Does this facility perform any on -site vehicle maintenance that exceeds 55 gallons of new motor oil per month? NO. ALL VEHICLE MAINTENANCE IS PERFORMED BY'A THIRD PARTY OFF SITE. I of 2 121200009 11 •'>I AM : Mallinckrodt Stormwater Permit Renewal., 000136 4) Monitoring results showed fairly low phosphorus levels in the stormwater discharges. Are there many potential sources of phosphorus at this facility? (I only noted one phosphoric acid tank in the table). This may not be a pollutant of concern for this facility, depending on the extent of potential sources at the site. THE PHOSPHORIC ACID TANK IS THE ONLY LIKELY V SOURCE OF PHOSPOHRUS ON SITE. SOME OF THIS PHOSPHORUS IS ULTIMATELY DISCHARGED TO THE CITY OF RALEIGH POTW VIA OUR TREATED WASTEWATER EFFLUENT. THE REST OF THE PHOSPHORUS ENDS UP IN THE RESIDUALS APPLIED TO THE HAY FIELDS AND SHOULD BE TAKEN UP BY THE GRASSES AS A NUTRIENT. 5) The current permit stipulates Total Nitrogen (TN) monitoring instead of nitrates, but it appears the facility kept monitoring for nitrates instead. Was TN monitored' at all during the last term? YES. WE DID MONITOR FOR NITRATES/NITRITES AND TOTAL KJELDAHL NITROGEN WHICH, WHEN ADDED TOGETHER, EQUAL TOTAL NITROGEN. DO YOU NEED THIS INFORMATION FOR YOUR REVIEW AND IF : �P,V�4J r SO, WHEN DO YOU NEED IT (WOULD EARLY JANUARY BE OK) ? Thanks so much for your help. I know it has taken us quite a while to work through our backlog of stormwater permit renewals for facilities like yours, f. but we are finally making headway! t Regards,Aovv✓�}�y;�1. ,400 r Bethany Georgoulias art, Environmental Engineer NC DENR DWQl. Stormwater Permitting Unit (919) 733-5083, ext. 529 1� bethany.georgoulias@ncmail.net -F 1 12/20/2005 11:23 AM ft NCS000136 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina`General S6tute 143-215.1, other lawful standards and regulations promulgated and adopted �th,.e North Carolina Environmental Management Commission, and the Federal Water Polluti '- Control Act; as amended, MalLnclrrodt. Inc. is hereby authorized to discharge stdrmwa#qrf om a facility located at £Capital Boulevard Raleigh, NC Wake County to receiving waters designated as the Neuse River, a class WS-IV NSW stream in the Neuse River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1,11,111, IV, V and VI hereof. Note: Draft Permit Dates'are Approximate This permit shall become effective April 1, 2006. This permit and the authorization to discharge shall expire at midnight on March 31, 2011. Signed this day March 27, 2006. for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission a Permit No. NCS000136 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location T PART II MONITORIN DISCHARGE Section A: Stormwatt Section B: Analytical Section C: Qualitative Section D: On -Site V PERMITTED PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers t ft Permit No. NCS000136 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance . 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D:. Monitoring and Records L. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative OutfalI 6. Record °YRtsbn, 7. InspectioEntiy Section E: Reporting uirements P g q ��' 1. Di c�tiarge,, onitoring Reports 2. Submii ng Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS li a .• Permit No. NCSOOO 136 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, stormwater to the surface waters of North Carolina 4 been adequately treated and managed in accordance individual permit. All discharges shall be in accorde Any other point source discharge to surface allowable non-stormwater discharge or is a The discharges allowed by this individual p Water Quality Standards. „ ttee is authorized to discharge e°storm. sewer system which has terms=and conditions of this the c nditions of this permit. tate is prohibited unless it is an ter permit, authorization or approval. cause or contribute to violations of This permit does not relieve the permittee,from responsibility for compliance with any other applicable federal, state, or locallwrule; standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCSOOOt36 ■ � 11rrr I P i', � f Latitude: 35'53'55" NCS000136 Facilityis Longitude: 78*33'40" � County: Wake Mallinckrodt, Inc. Location a Stream Class: WS-IV NSW Receiving Stream: Neuse River Sub -basin: 03-04-02 (Ne'use River Basin) _ effOtth SCALE 1:14,000 Part I Page 2 of 2 A Permit No. NCS000136 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 111, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected t4cotribute to contamination of stormwater discharges. The site plan shall contain &h ,@llgwing: a. A general location map (USGS equivalent map), showing the f routes and surface waters, the in stormwater outfall(s) discharge storm sewer system, the namg waters; and.accurate latitude ar b. A narrative desc outdoor process waste disnosal,.r map or drafted lion in relation to transportation eceiving water(s) to which the ischarge is to a municipal separate ipality and the ultimate receiving of the point(s) of discharge. practices, loading and unloading activities, :iculate generating or control processes, and C. A site map drawiQto scale with the following items: (1) Distance legend and north arrow (2) Location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas) (3) Drainage structures (4) Delineated drainage areas for each outfall (5) Drainage area for each outfall in acres and percentage of each drainage area that is impervious (6) Building locations (7) Existing BMPs and impervious surfaces (8) For each outfall, a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. e. Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. Part 11 Page 1 of 8 w ti Permit No. NCS000136 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and __---__--"------------manufacturing-or-f ieling-operations: In-areas-where-elimination-o€exposure-is------- not practical, the stormwater management plan�shall document the feasibility of diverting the stormwater runoff away from areas,„of potential contamination. b. Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage2 f Section 313 of Title III of the Superfund Amendments and ReauthonzatiokAct (SARA) water priority chemicals, or storage of hazardods subs8ances to prevent leaks and spills from contaminating stormwater runoff. I thsecondary containment devices are connected directly to stor�mw�atericeyance systems, the connection shall be controlled by manually acttvatedwalves or other similar devices [which shall be secured with a locking;me6Hh ism] and any stormwater that accumulates in the t minimum visually observed for color, foam, outfall containment area hall'bea staining, visibIgAeens �Mdry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminate�;bythe material stored within the containment area. Records documenting the mXividual making the observation, the description of the. accumulated stormwater and the date and time of the release shall be kept for a period of five years. C. BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stortriwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may Part 11 Page 2 of 8 N 00 Permit No. NCSOo0136 not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. 5. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative- maintenance-activities-for-alt-personnel-involved-in-anyof the facility�s — -�- operations that have the potential to contaminate stormwater runoff. Facility personnel or team responsible for implementing the tra: ` n shall be identified. 6. Responsible Party. The Stormwater Pollution%Pfevention'Plan shall identify a specific position(s) responsible for the overall coordindt16h-.development, implementation, and ,� :. revision to the Plan. Responsibilities for allcompon nts of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in Al.. design, construction, operation,sor maintenance which has a significant effect on the potential for the dischargT�`of�N )Polluta is to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and.updated on an annual basis. The Director may noti the permittee when the Plan does not meet one or more of the minimum requiremets�of theermit. Within 30 days of such notice, the permittee shall submit a time schedule`to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part lIi, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part Il of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall Part 11 Page 3 of 8 00. 90 Permit No. NCS000136 be kept on -site fora period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 4 of 8 0 00 Permit No. NCS000136 SECTION B: ANALYTICAL MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater subject to the provisions of this permit. Analytical monitoring of stormwater discharges shall be performed as specified below in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified below in Table 2. . Monitoring results shall be compared to the benchmark values irilTable 3. The benchmark A i' "_ `r. values in Table_3 are not permit limits- but should. be used as� Welines,for. the permittee's Stormwater Pollution Prevention Plan (SPPP). The perrnitte sha&eV@uate the sources of any J- , _,, .,4>,..,, benchmark exceedances and evaluate the effectiveness'.of�any site's Ps. The permittee shall review and/or update the SPPP and document any eUA 'to'address stormwater contamination. t tY 7 Table 1. Analytical MonitoringRe ui�rements;, Discharge s; hr', ; Clbaracter�stics:F r, , ,� ,�.:Units..,i Measurement Frequencyl'r , ;,� R,a.t 4: Y ,i, Sample T :,�z� Sam}�te Locatron? Conductivi taus/cm,' "''`Semi-annually Grab SDO Total Suspended Solids' ,gym" Semi-annually Grab SDO Chemical Oxygen Demand m Semi-annually Grab SDO Total Nitra en mg/L Semi-annually Grab SDO Nitrate + Nitrite, as Nitrogen' 'm Semi-annually Grab SDO Total Ammonia, as Nitrogen mg/I, Semi-annually Grab SDO Sulfate mg/L Semi-annually Grab- SDO Ammonium Sulfate mom- Semi-annually Grab SDO Chloride mg/L Semi-annually Grab SDO H standard Semi-annually Grab SDO Total Rainfall inches Semi -Annually Rainfall Event Duration minutes Semi -Annually Foo�>s: 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). See Table 2 for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. Part It Page 5 of 8 so MI* Permit No. NCS000136 3 Sample Location: 'Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. Table 2. Monito ing Schedule '1 H. f�:�`r Monttorinp ereod ,• !� 11...... .5� Sam le Numbers. ._ _ ;.. Starts End ! Year 1 — Spring 1 . April 1, 2006 June 30, 2006 Year 1 — Fall 2 September 1, 2006 November 30, 2006 Year 2 — Spring 3 April 1, 2007 June 30, 2007 Year 2 — Fall 4 September 1, 2007 November 30, 2007 Year 3 — Spring 5 Aril 1, 2008 June 30 2008 Year 3 — Fall 6 September 1,,2008 November 30, 2008 Year 4 — Spring 7 Apr*1, 2009 June 30, 2009 Year 4 — Fall 8 Sept,; qy , 2009 p November 30, 2009 Year 5 — Spring 9 Api- 2010 ` June 30, 2010 Year 5 — Fall 10 Sept mlie;�2010 November 30, 2010 Footnotes:00) 1 l Maintain semi-annual monitoring during permit rest w�roce' Table 3. Benchmark Value$�for An .vticalrMonitorinr, Jscharge�Characferistics!4� a���� Uaits k,^;° w _ enchmark Conductivity ,� �u cm NIA Total Suspended Solids „ ,mg/L 100 Chemical Oxygen Demand ' mg/L 120 Total Nitrogen (TN) mg/L 30 Nitrate + Nitrite, as Nitrogen mg/L 10 Total Ammonia, as Nitrogen mg/L 19.9 Sulfate mg/L 250 Ammonium Sulfate mg/L 13.75 Chloride mg/L 250 pH standard 6-9 Part 11 Page 6 of 8 00 00 Permit No. NCS000136 SECTION C: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 4. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls is performed when stormwater discharge occurs but does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the Plan. All qualitative monitoring will be performed twice p 5 once in the fall (September - November). Table 4. Qualitative Monitoring Requirem nts DischargeNCharacterastics Frequency�', � ,Monitoring �M'kp,ul� R"E i y',Locahon,' Color Semi-annuall SDO Odor emt-annuall h SDO Clan 'S- ly SDO Floating Solids h'n sSemi-artuall SDO Suspended Solids Senu="annuall SDO Foam Se -annually SDO Oil Sheen Semi-annuallySDO Other obvious indicators SDO of stormwater pollution Semi-annually spring (April - June) and Footnotes: I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all outfalls which discharge stormwater runoff from vehicle maintenance areas. Part II Page 7 of 8 00 00 Permit No. NCS000136 All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of 10 analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO) which discharges stormwater runoff from vehicle maintenance areas. The permittee shall complete the minimum 10 analytical samplings in accordance with the schedule specified in Table 2 (Section B). Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). The permittee shall evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site BMPs. The permittee shall review and/or update the SPPP and document any efforts to address stormwater contamination. Table 5. Analytical Monitoring Requirements for Qpr,Site Vehicle Maintenance y q Discharge ChaGGr.,acteristics �-� ;Units {, hCi, Measurement k Sample ,_k s «S� Sample ,�51 y,Pyi=�i"�7%s vrut��'��a 43� s; 3 i�'Y�� 1'�-+.-,y �'✓n.1 .4* rE t r a a ay,? vh,a.-- i� o _ 1,�. Fre 7 1 e T$I�. s ;. ` 2.,.` rh3 t x1 7 uenc.,, . e :LOCat10R H standard Semaually Grab SDO Oil and Grease m Sem ann}t�ally, , Grab SDO Total suspended Solids m F �` $emtann.�..4,��ially Grab SDO New Motor Oil Usage allons/mont Semi-annually Estimate' - Total Rainfall inches; "ISemi-annually Rainfall Event Duration ' mintites Semi-annuallyF__ - Footnotes: + 1 Measurement Frequency: All analytical monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (Sept mber -November). See Table 2 (Section B) for schedule of monitoring periods. 2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. If the detention pond discharges only in response to a storm event exceeding a ten year design storm, then no analytical monitoring is required and only qualitative monitoring shall be performed. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge; Characteristics„,,Y,Unrts;;�,�., �; �'hi K;;Benclimark� #^ z pH standard 6-9 Oil and Grease mg/L 30 Total Suspended Solids mg/L 100 Part lI Page 8 of 8 *0 00 Permit No. NCS000136 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit,shall be accomplished within 12 months of the effective date of the initial permit issuance. I',)- Proposed Facilities: The Stormwater Pollution Prevet the beginning of discharges from the operation of the annual basis. Secondary containment, as specified in be accomplished prior to the beginning of discharges 2. Duty to Comply The permittee must comply with all cc constitutes a violation of the Clean W termination, revocation and rotssaanci ui`sK611;be developed and implemented prior to al a tivity an&be updated thereafter on an Section :A aragraph 2(b) of this permit shall 3 operation of the industrial activity. Jividual permit. Any permit noncompliance ands for enforcement action; for permit or denial of a permit upon renewal application. a. The permittee shall comply ws�d"a ith rds or prohibitions established under section 307(a) of the Clean Water Act for toxic,pblldt nts within the time provided in the regulations that establish these standards or prohibitions, evenYthe permit has not yet been modified to incorporate the requirement k b. The Clean Water'IAIQrovides that any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a). ] C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143- 215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. Part III Page I of 8 90. Permit No. NCS000136 Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liabili - Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143- 215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily_ suspended._ T 5. Oil and Hazardous Substance Liability Nothing in this individual permit shall be construed to the permittee from any responsibilities, liabilities, or p under NCGS 143-215.75 et seq. or Section 311 of the I 6. Property Rip hts e the -institution of any legal action or relieve to which:tl a permittee is or may be subject to 1ct. 33 USC 1321. The issuance of this individual permit does riot conVey 49y property rights in either real or personal property, or any exclusive privileges, nor d s it aut�hotize any injury to private property or any invasion of personal rights, nor any infringement of Fdderal,'.State or local laws or regulations. 7. Severability The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provisio �f this ind t�oividual permit to any circumstances, is held invalid, the application of such provision to other"circumstances, and the remainder of this individual permit, shall not be affected thereby. F 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Re orts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this individual Part III Page 2 of 8 00 0* Permit No. NCS000136 • permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not: more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION H. GENERAL CONDITIONS I . Individual Permit Ex iration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any ermittee that has not requested renewal at least 180 days prior to expiration, or any nermittee that_dou not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143L 1153.6 and 33 USC 1251 et. seq. 2. Transfers This permit is not transferable to any person except aft fh6tke to and approval by the Director. The Director may require modification or revocation and reissuancd of the permit to change the name and A� _ 7\ r t. incorporate such other requirements as may be necessary,undec tie Clean Water Act. Permittee is required to notify the Division in writing in the event the perr4Q Ffac lity is sold or closed. 3. Siana. tort' Requirements w;, All applications, reports, or i1 ation si }i itted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) For a c6toration:�/6y a responsible corporate officer. For the purpose of this Section, a I. -Al respons1 e: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. b. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental Part III Page 3 of 8 0* Permit No. NCS000136 4. 5. C. matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position,); and (3) The written authorization is submitted to the Director. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I 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 including the possibility of fines and iml violations." The issuance of this individual permit does not prohibit tlie?Director from reopening and modifying the individual permit, revoking and reissuing the individual em tt terminating the individual permit as allowed by the laws, rules, and regulations containedghti itle 40! Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina AdminAistrailve",Mee. Subchapter 2H .0I00; and North Carolina General Statute 143-215.1 et. al. Z Permit Actions The permit may be modified, revaked:and issued, or terminated for cause. The notification of planned changes or anticipated noncom p1 and a not stay any individual pennit condition. SECTION C: OPERATION 1. 2. Proper Operation and Maintenance ANCE OF POLLUTION CONTROLS The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this individual permit. Need to Halt or Reducg Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry Part III Page 4 of 8 0* Pennit No. NCS000136 . weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall -'be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be dior�med daring a representative storm event. Samples shall be taken on a day and time that is, hara ei nisttc:,of the discharge. All samples shall be %i �..t��r taken before the discharge joins or is diluted by any other waste stream; -body of water, or substance. Monitoring points as specified in this permit shall not be Monitoring without notification to and approval of the Director.;> Recordiny, Results For each measurement, sample, requirements of this individual l a. The date, exact b. The C. . The date(s) activity performed or collected pursuant to the record the following information: measurements, inspection or maintenance activity; the sampling, measurements, inspection or maintenance activity; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. . Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. - Part Ili Page 5 of 8 00 00 Permit No. NCS000136 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit —For o oat leist 5 years om a date of the samp e, measurement, report or application. This period may be extended by request of the Director at any time. 7. . Inspection and Entry The permittee shall allow the Director, or an authorizediepresentative (including an authorized contractor acting as a representative of the Director), or in the case of a'N'i"Mity which discharges through a municipal .0;��. separate storm sewer system, an authorized representativelof a.municipal operator or the separate storm sewer system receiving the discharge, upon2th--ApresenArla�*`dtttof credentials and other documents as may be required by law, to; .�g'' a. Enter upon the permitfee'�S preiiiises wliere-a regulated facility or activity is located or conducted, tea,, q or where records must be e t under. the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonablb times any facilities, equipment (including monitoring and control equipment), practices, or operations rregulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. . SECTION E: REPORTING REQUIREMENTS Discharge MonitoriniLReports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge,Monitoring Report forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Part III Page 6 of 8 66 00 Permit No. NCS000136 . Availabilily of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Dischr es If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report_ 5. Planned Changes The permittee shall give notice to the Director as soon facility which could significantly alter the nature or qua requirement includes pollutants which are not specifical notification requirements under 40 CFR Part 122�ail '( 6... Anticipated Noncom liance The permittee shall give notice to the facility which may result in noncomp s. a. Anticipated bypas . if the p prior notice, if possible at le 11 the anticipated quallty_anea le df dity_pl@ined changes at the permitted ,olluttantdischarged. This notification in the individual permit or subject to possible of any planned changes at the permitted idual permit requirements. iittee knows in advance of the need for a bypass, it shall submit ten days before the date of the bypass; including an evaluation of ;t of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances, The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Part III Page 7 of 8 . �• Permit No. NCS000136 to. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Part III Page 8 of 8 NCS000136 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or - b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this paragra kishall''als'orycontain any other Act then applicable. �e PART V ADMINISTERING AND The permittee must pay the administering and the Division. Failure to pay the fee in timely i Division to initiate action to revoke thei_ livi 1. Act See Clean Water Act. 2. Arithmetic Mean MONITORING FEE anc6nonitbring fee within 30 (thirty) days after being billed by in accordance with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. 3. - Allowable Non-Stonmwater Discharas This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. 4. Best_ Management Practices BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Parts IV, V and VI Page I of 5 A ftPermit No. NCS000136 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also known USC 1251, et. seq. 8. Division or DWO The Division of Water Quality, Department of 9. Director The Director of the Division of;Watere,Qgality, 10. EMC The North Carolina 11. Grab She Act (CWA), as amended, 33 Resources. issuing authority. Commission. An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Landes A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. 15. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar nawmily-occurring surface materials that are not disturbed by mining operations. Part VI Page 2 of 5 Pages Permit No. NCS000136 16. Permittee The owner or operator issued a permit pursuant to this individual permit. 17. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Representative Storm _Event A storm event that measures greater than 0. t inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a dischargebegins again within the next 10 hours. 19. Representative Outfall Status When it is established that the discharge of stormwater-runoff fro�tn a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representatilve outfall status. Representative outfall status allows the permittee to perform analyticalr onii' " ai a reduced number of outfalls. 20.. Rinse Water Discharge Af z The discharge of rinse water fr6ih�,e,quip pt 061 ling areas associated with industrial activity. Rinse waters from vehicle and equipment t;leanmg areas are process wastewaters and do not include washwaters � ��'S1 t. "mow utilizing any type of detergent or,cleanln agent _+j;; 21. Second Containment Spill containment for the,`cotttents of single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 22. Section 313 Water Priorit�LChemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of,1986; b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Part VI Page 3 of 5 Pages Permit No. NCS000136 23 24. 25 26. 27. 28. 29 kill Severe Propeqy Damage Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be release Significant Spills Includes, but is not limited to: releases of oil or ha under section 311 of the Clean Water Act (Ref: 40 CERCLA (Ref: 40 CFR 302.4). Stormwater Runoff The flow of water which results from precipitation result ofsnowmelt. . 1 ,IA % s'`idFxcess of reportable quantities CFR 117.21) or section 102 of occurs immediately following rainfall or as a The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities e� considered to be engaged" utdustrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Ten Year Design Storm The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Total Flow The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Part VI Page 4 of 5 Pages sPermit No. IVCS000136 � 31. Total Maximum'Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutants sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for.an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. 32. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 33. Upset Means an exceptional incident in which there is unintentional ando noncompliance with p �, ,; ra , - p technology based permit effluent limitations because of factors'beyond.the�reasonable control of the permittee. An upset does not include noncompliance to the extent cadsedby operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, paintingfueling, lubrication, vehicle cleaning operations, or airport deicing operations.17 35. Visible Sedimentation Solid particulate matter, both mineral�an organic, that has been or is being transported by water, air, gravity, or ice from its site0of origin which can be seen with the unaided eye. 36. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5 Pages