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HomeMy WebLinkAboutNCS000351_COMPLIANCE_20160506STORMWATER-DIVISION-CODING-SHEET PERMIT NO. /\J CS DD01 S I DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION X COMPLIANCE ❑ OTHER DOC DATE ❑ a b l 6 v�:- 04 YYYYM M DD Energy, Mineral and Land Resources ENVIRONMENTAL GUAUTY May 6, 2016 Duplin Bioenergy, LLC Attn: Houston Roberts, Member 5320 Old Pineville Road Charlotte, NC 28217-2735 Subject: Compliance Evaluation Inspection NPDES General Stormwater Permit NCS000351 Duplin Bioenergy, LLC Duplin County Dear Mr. Roberts: PAT MCCRORY Governor DONALD R. VAN DER VAART Secrernn- TRACY DAVIS Direclor On May 5, 2016, Brian Lambe from the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted a compliance evaluation inspection for Duplin Bioenergy, formerly Coastal Carolina Clean Power located in NC Highway 11/903, Duplin County, North Carolina. The following observations were noted during the DEMLR inspection (please see the attached addendum for additional information about your permit): 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented. Yes ■ No 4 SPPP needs to be updated with current information and recordkeeping. 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. Yes 4 No ■ 3) Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements. Yes ■ No 4 The sampling results for 2015 and 2014 are reported as no representative storm event. The facility is currently on Tier two sampling. The facility needs to produce some documentation that the facility is not breaking the benchmarks. Other Observations: The facility is requesting to be in inactive status. The wood mulch pile on the site can remain onsiter see report. The bottom ash onsite must be removed. The oil drums must be removed along with any parts in the oil shed that may contain or leak oil. State of North Carolina [ Environmental Quality [ Energy, Mineral and land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F [ htto:lloortal.ncdenr.orWwebllrl NCS000351 Duplin Bioenergy �. May 6, 2016 Page 2 of 2 Thank you for your assistance and cooperation during this inspection. Please be advised that violations of the NPDES Stormwater General Permit may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. If you have any questions, comments, or need assistance with understanding any aspect of your permit, please do not hesitate to contact me at (910)796-7314 or brian.lambe@ncdenr.gov Sincerely, Brian Lambe Land Quality Section Attachments: BIMS Inspection Checklist cc: Duplin Bioenergy, LLC, Mike Houston, ORC, 1838 NC HWY 11/903, Kenansville, NC 28349 WiRO Files — Land Quality Central Files —DWR Compliance Inspection Repo Permit NCS000351 Effective: 09/01/10 Expiration: 08/31/15 owner: Duplin Bioenergy LLC SOC: Effective: Expiration: Facility: Duplin Bioenergy, LLC County: Duplin 1838 NC Hwy 111903 Region: Wilmington Kenansville NC 28349 Contact Person: Thomas J McKittrid Title: Managing Member Phone: 704-364-9100 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 0510512016 Primary Inspector: Brian P Lambe Secondary Inspectors}: Entry Time: 01:OOPM Reason for Inspection: Routine Permit inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Phone: Exit Time: 02:30PM Phone: Inspection Type: Compliance Evaluation Page: 1 .r permit: NCS000351 Owner - facility: Quplin Bioenergy LLC Inspectlon Date: 05/05/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Mike Houston who is requesting the permit be listed as inactive to relieve them from monitoring during the plant shut down. The plant is shut down. There is a significant amount of wood mulch boiler fuel onsite. Removing the wood mulch is not feasible. The wood mulch remaining is decomposed after the top layer of 4". Additionally, the wood mulch has been packed down from tractor traffic. There was some bottom ash onsite. It is undercover, but should removed to reduce possiblity of pollution during shut down. There were some empty and full oil barrels onsite, undercover, but still problematic in that a spill could cause offsite pollution. The barrels should be removed and the area cleaned of all oil grime. Site was on tier II for copper samples. Submit last year of sampling. The permit has expired. This status will need to be remedied. Last billing cycle shows that yearly permit fee has not been paid. Houston copied an internal invoice for the fee. Awaiting central office verification of both conditions. Page: 2 permit. NCS000351 Inspection Date: 05/05/2016 Analytical Monitoring Has the facility conducted its Analytical monitoring? Owner - Facility: Duplin Bioenergy LLC Inspection Type: Compliance Evaluation # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: Reason for Vtstt: Routine Yes No NA NE M ❑ ❑ ❑ ❑ ❑ M ❑ Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? M ❑ ❑ ❑ # Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? M ❑ ❑ ❑ Comment: The last two inspections by Linda Willis in 2012 mentioned 5 cutfalls, then mentioned something about ROS. I am unsure about the location of the 5. The current outfalls being monitored are the stormwater system outfalls. Qualitative Monitoring Yea No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ ❑ ❑ Comment: Stormwater Pollution Prevention Plan Yea No NA NE Does the site have a Stonnwaler Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? M ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? 0 ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? M ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? M ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 0 ❑ ❑ ❑ # Does the Plan include a BMP summary? 0 ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ # Does the facility provide and document Employee Training? 0 ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ Page: 3 Permit: NGS000351 Owner - Facility: puplin Sioenergy LLC Inspection pats: 05/0512016 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Comment: With the closure of the facility, the SWPPP has not been updated on a regular basis. Page: 4 Permit: NCS000351 SOC: County: Duplin Region: Wilmington Compliance Inspection Report Effective: 09/01/10 Expiration: 08/31/15 Owner: Duplin Bioenergy LLC Effective: Expiration: Facility: Duplin Bioenergy, LLC 1838 NC Hwy 111903 Contact Person: Thomas J McKittrick Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 05105/2016 Primary Inspector: Brian P Lambe Secondary Inspector(s): Kenansville NC 28349 Title: Managing Member Entry Time: 01:00PM Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Exit Time: 02:30PM Phone: 704-364-9100 Phone: Phone: Inspection Type: Compliance Evaluation Page: 1 permit: NCS000351 Owner - Facility: Duplin Bioenergy LLC Inspection Date. 05/0512016 Inspection Type: Compliance Evaluation Reason for visit: Routine Inspection Summary: Met with Mike Houston who is requesting the permit be listed as inactive to relieve them from monitoring during the plant shut down. The plant is shut down. There is a significant amount of wood mulch boiler fuel onsite. Removing the wood mulch is not feasible. The wood mulch remaining is decomposed after the top layer of 4" Additionally, the wood mulch has been packed down from tractor traffic. There was some bottom ash onsite. It is undercover, but should removed to reduce possiblity of pollution during shut down. There were some empty and full oil barrels onsite, undercover, but still problematic in that a spill could cause offsite pollution. The barrels should be removed and the area cleaned of all oil grime. Site was on tier II for copper samples. Submit last year of sampling. The permit has expired. This status will need to be remedied. Last billing cycle shows that yearly permit fee has not been paid. Houston copied an internal invoice for the fee. Awaiting central office verification of both conditions. Page: 2 Division of Energy, Mineral & Land Resourm Land Qusiity Section/Stormwater Permitting National Pollutant Elimination System NCDENR. PERMIT NAMEIOWNERSHIP CHANGE FORM FOR AGENCY USE MY n3te tea yev I Voth I bra 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 0 10 1 3 1 N ICIGI It. Permit status prior to requested change. a. Permit issued to (company name): Coastal Carolina Clean Power, LLC b. Person legally responsible for permit: Michael C Wood First M1 Last Fatality Manager _ Title 1838 NC I I & 903 N. Hwy Permit Bolder Mailing Address Kenansville NC 29349 City Statc Zip (910) 296-1909 (910) 296-0203 Phm- Fine c. Facility name (discharge); Coastal Carolina Clean Powcr�LLC d. Facility address: 1938 NC 11 & 903 N. Itm Addr4w Kenansville NC 28349 City Statc Zip e. Facility contact person: Michael C. Wood 910 296-1909 First / MI / Last Phone Ill. Please provide the fogowing for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Dame change of the facility or owner fjnlher please explain: b. Permit issued to (company name): _ _ Duplin Bicenergy. LLC c. Person legally responsible for permit: Thomas J Mckittrick First MI Last Managing Member Title — - 5320O1d Pineville Road Permit Floldcr.Mciling Adams Charlotte NC 28217 City Statc ZIfi (704) 364-9100 tanigforsitehnc.com Fhonc Fait Address d. Facility name (discharge): Duplin Bioerrerp,y, LLC e. Facility address: 1838 NC 11 & 403 N. H Address Kenansville NC 28349 City State zip f. Facility contact person: Thomas J Mckittrick First Mt Lear _(704) 364-9100 tone r�ilforsileiitc.com_ Phone F, mail Addrm W. Permit contact information (if different from the person legally responsible for the permit) Rsvbod Jan. 27. 2Dl4 NPDES PERMIT NAMEIOW_NERSHIP CHANGE FORM Page 2 of 2 Permit contact First MI Last rhic Ma ft Address city State Yip /home EAW Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) Vi. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING- ❑ This completed application is required for both name change and/or ownership change req uests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed. or a bill of sale) is resin -red foran 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. PERMITi'EE CER'!'IFICATION (Permit holder priorto ownership change): I, Michael C. Wood; attest that this application for a namelownersltip change has been reviewed and is accurate and complete to the best of my knowledge-, I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned ed incomplete. to Signature Date APPLICANT CERTIFICATION npaepkage c attest that this application for a name/ownership change has been reviewed and is d complete to the best of my knowledge. I understand that if all required parts of this are not completed sod that if ail required supporting information is oat included, this application 1 be Ftymcd �as: incomplete: + Signature Date .................................... PLEASE SEND THE COMPLETE APPLICATION -PACKAGE TO: Division of Energy, Mineral and Land Resources 5t6rinwater.Permitting Program 1612 Mail' Service Center Raleigh. North Carolina 27699-1612 ftviial Jen. 27.2D14 ni ill oee1a � 11 poafs u a anaAr��ioeer6 k Mum P905b W Ve ax 16111 Po asa - 403 (161 ,ra re r.r+tftp fbm there are ve deliagn mt ad v1110rma •r..+ a h :4- i3�t:SA Gxm 1= T9x Ctrlleetor to IJ17 r.-••. .. r-'r-r,'s�•e„ tt�a: z:c q tlrn oa: p11r:o l t ('3.jjc3% 1 -:. ' � :ctl.�r'y Ufli[c. Tuts is nut • eatllivalioa mrc. ; m IM drta dcw4pdoa. c1-,.t :yi , Cutkc:ur a AULAs L *m abanrjrr Rorw*r*x m &* DOCUMENT' COVER PACE Etal$a Ta S 50-92 Tatr Parrot to ftillat rD_ gn Ul minty m be _d6y o1 .2016 Lay MsiENB �a0a �tijlh 6�e $iltva=*ii �w. Wts woos mte mstnAm�,ras prepared ey: eaesr� 8v9bv. PLLc. �ff�S�It:7lxsvttlaAy� #a-1. +Nltr�ee_YA AIM Waf dnodptIcn forthD tnfr= ` 7I'TLE OF DOCU3! i MT: DATE OF DOCUMENT!~ GRANTOR: Spacial Wwmty Deed 1g Marshy. 2016 GUMPOItD M1L1S. WG Mdit Adder CND Lear Corporetim:. 21557 TWcgraph Road Southfr6id. Mid4tn49033 Atteertion: GmeW Cmvk mid Doug Daaghedy GBATTIEM DUPLIN SIOEiNERGY. LLC Mailing Address: do Famite DevekpmcM4 Inc. 5320 Old Pius We RiW CharbM NC iM17 AML Tom WCittri* LEGAL D&4C>g1;P'1'1<ON: Sec Exhl ft A, an whad hereto and incorporated hcaln DOCUM8IY -0, Book 937, Pala 174 Hook 1519 Pace 388 sgeew warranty Deed TMS SPECIAL WARRAN W DEED it nude and aged into sds M day of Mw b; 2016 ("Effective Data, by and between Gafford MMs, Inc.. a DeUmmm corporation, die Grantor, and Doplin 8leenesgy, LLC, a Nw6 Carolina limited liability company, the Grantam. WnIMSSM& that the Granter. for end in emsideretion of the sum of Ow Doiler (SI.00) and omen good and vaharble eaarsldeerttica, paid by the Graaree the recelpt of which is hemby adoa wtedged. does by thaw pr aems RARGAINI AND SE1.1% CONVEY AND CONFIRM am the T3mntee, cm= real mm s we ed in the Cam ly of Dgdin and State of North Caralink and demiload as follows (the "Property'): See 8xblbit A, attacbcd hereto and i000rporated herein by rduurca. Said pwpertyboving bete pmvfoasly eonvayW w Omuterby awwnua reresrded in Back M. Page 281, and Book 832. page 24 of the Duplin Comdyr Registry, and baring ruilected on Plitt . era cdin bbpfPim Sock aq PegeMride. All or a portion of the property barcin cmvcyed dears not include the primary restdmcce of Gearrtor. TO HAVE AND TO HOLD the mama, together with all rigbm and appurtenances to The soma belonging. unta the Gam. and to its suocescom and us gig forever. The said Ga.ft hereby eoveasanting drat Grantor and its suxcssots Grad assigns, shall and vKU WARRAW AND DBFEKD she title to the property unto the said Chmateei and to its tatCex4.Ors and aniga s forcver. against the hawfol ckdtat ofall persons claiming by, douq h or under GEMM but acne adrz , meepft bawaver those Per dvcd Exceptions dmnbed on. ExhOAt B Gad Ow t e%I:icrion9, term and conditions of Sebedale k each attached hereto and' c c ip 1 P - herein by rrferatce. Nlotw dmumdit;g dw foregoing. Onctor aeimoorledges and agrtc (a) that enure Baseieent Agmemi at dated Noveabes 30. 1994. between Grantor and Capno x Lmaing Corporation Magcwhel r-ce,ded in book 937. Pat: 174. of the Duplin Cbardy RegiWy as amended by Letter AgtaMAW dated Decaaher lb, 1984. hrtween Qmator and matrix. as foether mxr W by First Ameadamt to Ensanent Agmainent dated April A 1936. bote. an Grantor and Cog mtM rpemnW in Back %2. Page 109, of the Duplin, County Registry, as Awtheer ameadcd by Serand Arnmtdmcat to Eamom.Agreement dated dmmary► 30, 2004. betaieeo Ormtor cad Greta Power lCenans Mr. LLC, may be mignod to ctmatea by the holde6le iary Um e.of and stood :arrive any tatninstion of the Ground I.eeta referenced 0=efa; (b) that ootsvilh:taad3a any to eaeded qra=vb tothe eoatrary, Omwr shall bave ten uo-Wing rights to aMuirc ow n> lUp of PmpuW apt as aWasidy Provided bmcim it belt thee how of the panics w ogwesdyi terminate wW and all of Grantees prior -rights of (teat r fiml; and (e) dat rwtwf*omding any recorded agreernemts to the aoattrary, except as mgma alyprovlded hm*jn Grantor ertpretwly teseastmtas any and ail afGrarrleir's turisliag righs to require removal ofk*mvcmmb on for Property. ri1finw-4frer I amw�aa.41 Boole la1a Paw 390 IN MQ7T4 3S.4 WHRREOF. the said Gnmur has executed these I N the day and year first above iufiacm Gmntar: GUILFORD MILLS, INC !dame: R Titie: Vice President of Global Facilities and Real Estate STATE OF MIMUM ) ) SS. COUNTY OF QAKLAND ) On this _ day of Match, 2016, befin me appeared It. Douglas Daugherty. to sae personally known% who, being by me duly swozm, did say that he is the Vies Prasidam of (llobsl Fac tWas and Real E=m of GUILFORD )AM ILS. INC., and that the fraelping. btgrumatt way signed an behalf of said corporation by authority of its Btatd of Directors, and said R_ Dousims Daerghe W admowledged said iu mmew to be the fete as and deed of said corporation. IN iESiWONY WHERMP,1 have hcseunto set my hand and affixed my offitdal seal its the Coumy and Sim aforesaid. She day amd year fiat above written. Vary Pubw Printed Name- eo„K etzn s my man Twirm Yntey Pr�ie - .., aAf CM=bzt e Ewm a Y w r ti :t "wu to the come of ? 2 '1 (Slgnmrrt a Page to Special tFcrrmffy DmA fRW_-rpRdlr Watarylierd-t)ceRvd tYfdh_at4da�Bioq - Kma�lfR itC tYamatY 7 D=*%P9"Q-3 Boat 1818 Page 391 &MMI A LeEal Descriptlaa Located in KenzwAile Township, Dupl In County. State ofNorth Carolina mad being described as follows: Begin[ at ao iron sod in the center of the paventean of N.C. Highway No. I I, and in the lino of Qunard Mills. Inc. cortrer "N' as shown an the wacbed map eatiticd "Su voy for Alice H ictts Dmsctr dated September 15.19M and tune thence I. With the center of N.C. Hwy. No. I I as it curves to the left 376.05 feet to an iron tad (radius of the curve is 4056.79 frog thence 2. With the tenter 61 N.0 Hwy. No. I I North 54 degrees 10 mfm tea 15 accoads East 249.63 feet to an iron rud corner "8" as shown tan the attached trap: thence 3. A «ew line 30 feet from wW pandit with the line of Tract No. 5 in the divfem of the "Rachel Me[. Hicks" land South 51 dep tes S6 minutes 25 seconds Bast RUM feet to a 1-114 itch iron pipe; thence 4. South 50 degrees 10 mirtutes 15 seconder West 622.03 feet to it 1-1/4 inch inner pipe in Ouilfard M111s, Inc. Einm; thence S. With the line of Guilford MIFK Inc., North 51 degrees 54 minutes 00 seconds Wen 974.05 feet to do point of begiaming containing 12.00 acres more or less, shown as Tract No. 2 an the: attached map entitled "Survey for Alice Hicks Dome. and being part of that land described in a dead to Alice H. Dorsett as ttcorded in Booth 6% Page 300 of the Duplin Creamy Registry. BEO M MO AT AN E7f1STING MAO NAIL IN THE CFNTERI.[N1E OF NC HIG14WXY 11. SAID MAG NAIL BEING THE WESTERNMOST CORNER OF TRACT 2 DESCRIBED IN DEED BOOK M. PAGE 281 OF THE DUPLIN COUNTY- REGISTER OF. DEEDS, AND RUMN 13 THENCE FROM THE POINT OF BEGINNING WITH THE LINE OF TRACT 2 3 51.52911"'F. - 55S.19' TO A NEW I RON STAKE; THF-NCE A NEW LM S 55°32't17" W - 440T TO A NEW IRON STAKE; THENCE A NEW LINE S S9'31-53" W - 60.68' TO A NEW IRON STAKE; THENCE A NEW LINE N 39'10'36" W . 4M(r TO A NEW MAO SPIKE IN THE CENTER OF MC HIGHWAY 1 I; THENCE WITH THE CENTER OF NC H1GHWAY I I N 55-31Y34" E - 389.57 TO AN MSiTNG MAO NAIL, THE POINT AND PLACE OF BEQ1NMG, AND CONTAINING 5.45 ACRES. MORE OR LESS, INCLUDING THE RIGHT OF WAY FOR NC HIGHWAY 11. AND BEING A PORTION OF THAT PROPERTY DESCRIBED IN DIED BOOK &M, PACM 24 OF THE MOLM COUNTY REGISTER OF DEEDS. > lia-so wwwwymaa-ornsntMM_MonWAMIP*-KCMWPtftW ermy Book 1810 Page agtiok�392 Exbibtl H Permitted Excoptlons 1. Defeats, Bees, eucrmbraeees, adverse claims of other matter, if My, crvafdi. first appea ft in the public n=da or auachtng soboequeat to oho BEFeative Date but prior to &a date the Grantee acwvims fbr value of roam the state or inttaest covered by obis Special Wwrrantq Deed. I Toics ear assessments, whether gcoeral or gxdal, and mry lion arising theraft m ]. Any dozy, VMS, axes, sbwtW m ara or bm=duy line% eaaer=hmmt, encombraaa, violation. variation. overlap, setback, easament or claims of effianent, riparba tight, and line io Iwed whin roach, ways, raftmh, watcrvemrs. burial groundsi maa>dm, dredged or tilled arcs: or land below the mean higbwatcr oink or wdhin tho bonds of say adjoinn body of water, or other adverse citctu ntmue aif ding (ho Title chat would be disclosed by a e mrent inspoction and aeanats and Mete laced survey of do [and. 4. Any rest, esmment, setback interest, claim. encroadunon% cnmmbmnee, vi Winn. varisdom or other advcrso chtmusatnee afkcft the Title disclosed by plat(:) recorded in Map Book 19. Page 146. (Ace (a Tract 1) S. Eascmetu(s) to Carolina Powys dt Ligbt Company rsconW in Hoek 950, papa 209 and Book 950, page 544. (As to Tract 1) 6. Emus) to C arolinn Power and Light Company resosded in Book 711% pap 250 artd Book 945, page 124. (As to Tract 1 and Tract Iq 7. Tcwnr cev&l:offi and sdpuktkw of Easement Agtxment recorded so Bock 95g, page 634; as affbcW by As*mmt and Assumption of Lamm and F,aserr=ts .=cycled in Book 1551, pops 1002, and rights ofothera in and to the on thcmaf. (Ace to Tract 1) B. Telmer, canditiona and stipebdioas of Fasament Agremieet yak aided io Hook 937, past 174, as amended by First Amendment to Ea omm Agreement racosded In Hook 962. pegs 109, as atneodad by Scum Amimdo nt to Easement Agreement dated Jemmy 30, 2004, as aE%cted by Assi$ement and Assumption of Leases and +iasornents ermrrded in Hoak 1551, page 1002, and rigout of otbm in and to the use tlmve (As to Tract 1) 9. Ceasmt mid.AV=mcnt (Kenansville Facility). by and btdweaa Ouiltbrd Mills, boa; cage I "tr of Nartb cuolina, bra; Como Eastern Cu ettos cwptn *,i Crarrsral 13ee etic Capstaf Corporation, United States Trust Camrpauy and Fop" Bank Lknited. New. York Brsacb roeordad in Book tt17Q page 179. 10. Baacment in flavor of Ckmffm Power & Ligbi Company, ftft Progress Energy Carolinas, Inc. recorded in Book 1616, pogo 6. �mgae.a s a—n :stonier aeon 1619 pap M 11. Title to any portion of the Land lying wilhm tine right of way of NC IIghway 11 and NC State Reed I300. 12. Rights of tenant unrecorded lasses, including Ii1 that certain Ground Lease dated November 30, I984, by and between ammor and Coastal Caroline Chum power. LLC, a Delaware limlted liability company, suscesmr4h.ir U=*I to Cogenbm Leasing Ctarpwrtinn and Hudson United Bak as amended by Fitt Amcadmart m Ground Lease dated December l6, 1991, m fvrthr amended by Sccoru! Armesrdmad lea Graand Lease dated July 6, 2000, as f ntha amended by Thud Amendment to Grannd Lease dated Da=bcr 29, 20D0, as fiutber amended by Pertrrth Arneadmaut to Ground Lcasa dated January 30, 2004. as IhMa armmded by Fifth Ammmdataat to Ground Lease data July 2Z 2005, as fu ihw amemdod by Sbdh Ammdmcnt to Ground Lease and Second Amatdmnnt to United Grmntd Luse dated May 26, 2009 as amcnded, collectively, rho 'Y'tmund jam, and nu Limited Ground Lanese dated November 14, 2004, as extended by iSmrited Ground Lease FWumsion Agrcemari dated July 22. 2005. and as amended by Sixth Amendment to Mound Lease and Strand Amendmenn to Limited Ground Lease dated May 26. 2009 {as warded and amerced, cotlectIvely, the "Wood Staraae Leme'; tag,Ww with the Ground Lease, the' . 13. E==brarvem emermmts eight9.of-way, r+esnictimn, reservation, agremtnema, notification, oil & gas leaara, mineral rights, wafer tights and other ashen of record. Obs=hMa2c means any [ten, e=mA rance, claim, edge, community or other Marian property imtc=; condh o k cT tabk interest, rWtk dernand. dean mat qA deed of cruet, optka aledga. testy imtesed or similar imtaccM titter detbexs, hypolbe wlons, easemerr% rights of wmy, restrictive covenants, ertcroacb cats. rights of fast refusal, prmrrpfin rights, judgments, conditional sale or other title retention ogremneats and other ,hnpasitioes, hnparteetions or dafsmta of title, or of restrictions. Including any restriction on ttamfe:r. votin& use or csaaaa of any other am*nw of ommeeship of my aaturo wbstsacver, 14. Any meuens Which an aoeurale survey or inspection of the Proparty would disclose, including marfara set !bath an ft ALTA Survey prepared for Duplin Dkmergy. LLC by 7oshm W. Taylor. P_L.S, of Geographic Svhrtioin & Surveying Services, PMZ P.L.S. dated Dc=mbti I, 2015. as revised; 15. All larva and otter legal require nerds or restrietiaris appliatblo to th0 property. 16. The tights of the public aid of any govenzr aenlat unit in any pair thereaf.U&M% used or decdod forstreet. road. highway wetland. utility or dri&xv puqw2M 17. A.ny nens or other matters arWmg frame Grantee's impecd= ofthe. Propertyr, Ili. The tams and corAitions ofattaebed Schedule L NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IIIQIIIIIIIIIIIIIIIIIIIIIIIIIIII1111llIlIIIIIIIIIIIIII�IIIIII INVOICE * 2 0 1 5 P R 0 0 2 4 3 8* Annual Permit Fee Opens This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Invoice Number: 2015PR002438 Permtt Number.. NCS000351 Duplin County Biomass -Fired Steam Generation - Kenansville Ralph Smith Coastal Carolina Clean Power LLC PO Box 809 Kenansvllle. NC 28349-0809 MAR 2 0 2011; Annual Fee Period: 2015-04-01 to 2016-03-31 -Invoice Date: -03l07/2015— Due Date: 04/0612015 Annual Fee: $860.00 DATE: 3` ?-6 GLACCT: -V970 FUMB#: Notes: IBy tYyf,,- 1 TAXABLE ANT; 1. You may pay either by checklmoney order OR by electronic payment. APPROVAL; IJVk 2. If payment Is by checklmoney order, please remit payment to: - NCDENR - Division of Energy, Mineral and Land Resources Attn: Stormwater Billing 1612 Mail Service Center Raleigh, NC 27699-1612 3. If payment is electronic, see http://portal.ncdenr.orotweblwglot-topics/epayment for additional details. See httoJ/aortal.ncagnr.orahvebhva/epavment to pay electronically. OnlyeCheck transactions are allowed at this time. Credit card transactions are D.!21 accepted. 4. Please Include your Permit Number and Invoice Number on all correspondence. 5. A $25.00 processing fee will be charged for returned checks in aocardance with North Carolina General Statute 25-3-512. 6. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 7. Should you have any questions regarding this Invoice, please contact the Annual Administering and Compliance Fee - Coordinator_at.919-]OZ-9220..----. ----- - - -- - — (Return This Portion With Check) ANNUAL PERMIT INVOICE Invoice Number. 2015PR002438 Permit Number: NCS000351 Duplin County Biomass -Fined Steam Generation - Kenansville Ralph Smith Coastal Carolina Clean Power LLC PO Box 809 Kenansville, NC 28349-0809 IIIII lllll IIIII lllll IIIII IIII Ill IIIII IIII Illll 1111i IIIII llll IIII * 2 0 1 5 P R 0 0 2 4 3 8 Open Annual Fee Period: 2015-04-01 to 2016-03-31 Invoice Date: 3/712015 Due Date: 4/6/2015 Annual Fee: $860,00 Check Number. DUPUAFMO Or LLC 5320 OLD PINEVILLE ROAD CHARLOTTE, NC 28217 Ph 704-364-9100 Fax 704-364-0090 April 27, 2016 Mr. Ken Pickle NC DEN Division of Energy, Mineral and Land Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699 Re: NPDES Stormwater Permit # NCSOD0351 Change of Ownership Form Dear Ken, Enclosed please find the executed NPDES Permit Ownership Change Form for the change of ownership of the Kenansville; NC coal. plant for this Storrnwater Permit NCS000351. The former owner was Coastal Carolina Clean Power, LLC. We purchased the coal plant on March 21, 2016 under the name of Duplin Bioenergy, LLC. If you have any questions pertaining to is ownership change, please feel free to contact me at our Charlotte, NC offices. Sincerely, Ouplin Bioenerrggy,QLLCC Houston Roberts Member Email: houston(q forsiteinc,com Direct Line: (704) 717-5528 Enclosures: NPDES Permit Change of Ownership -Original and Two Copies permit NC5o00351 owner - Facility: Duplin Bioenergy LLC inspection Date: 0510512016 Inspection Type: Compliance Evaluation Reason for Visit: Routine Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ 0 ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑ Comment: The last two inspections by Linda Willis in 2012 mentioned 5 outfalls, then mentioned something about ROS. I am unsure about the location of the 5. The current outfalls being monitored are the stormwater system outfalls. Qualitative Monitorinq Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? M ❑ ❑ ❑ Comment: Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? E ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? N ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? 0 ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? N ❑ ❑ ❑ # Does the Plan include a BMP summary? 0 ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? E ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ # Does the facility provide and document Employee Training? ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ # is the Plan reviewed and updated annually? ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? E ❑ ❑ ❑ Page: 3 permit: NCS000351 Owner - Facility: ➢uplin Bioenergy LLC Inspection Date: 05105/2016 Inspection Type: Complianoe Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Comment: With the closure of the facility, the SWPPP has not been updated on a regular basis. Yes No NA NE Page: 4 Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENTOF THE Secretary SECRETARY OF STATE PO Sox 29622 Raleigh, NC 27626-0622 (919)807-2000 Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Duplin Bioenergy, LLC Limited Liability Company Information Sos ld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of incorporation: Registered Agent: Corporate Addresses 1476830 Current -Active Current Domestic 10/2212015 December Corporation Service Company Reg Office: 327 Hillsborough St. Raleigh, NC 27603-1725 Reg Mailing: 327 Hillsborough St, Raleigh, NC 27603-1725 Mailing: 5320 Old Pineville Road Charlotte, NC 28217-2735 Principal Office: 5320 Old Pineville Road Charlotte, NC 28217-2735 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20 Member: Houston J Roberts 5320 Old Pineville Road Charlotte NC 28217 Account Login Register https://www.sosnc.gov/Search/profcorp/I 1848205 5/6/2016 DrrpinvBroENF.RGY, LLC 5320 OLD PINEVILLE ROAD CHARLOTTE, NC 28217 Ph 704-364-9100 Fax 704-364-0090 April 27, 2016 Mr. Ken Pickle NC DE:NR Division of Energy, Mineral and Land Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699 Re: NPDES Stormwater Permit # NCS000351 Change of Ownership Form Dear Ken, Enclosed please find the executed NPDES Permit Ownership Change Form for the change of ownership of the Kenansville, NC coal plant for this Stormwater Permit NCS000351. The former owner was Coastal Carolina Clean Power, LLC. We purchased the coal plant on March 21, 2016 under the name of Duplin Eioenergy, LLC. If you have any questions pertaining to this ownership change, please feel free to contact me at our Charlotte, NC offices. Sincerely, Duplin Bioenergy, LLC RECEIVED _`� AJ4-- APR 29 2016 Houston Roberts Member DENR-LAND QUAL,TY STORMWATER PER#Al TTING Email: houston@forsiteinc.com Direct Line: (704) 717-5528 Enclosures: NPDES Permit Change of Ownership -Original and Two Copies Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting NCDENR National Pollutant Discharge Elimination System y �. � 0 `"'w PERMIT NAMEIOWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Recekfed Yeat Month Day 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 0 0 10 1 3 5 1 11. Permit status prior to requested change. a. Permit issued to (company name): Coastal Carolina Clean Power, LLC b. Person legally responsible for permit: Michael C Wood First Ml Last Facility Manager Title 1838 NC I l & 903 N. Hwy Permit Holder Mailing Address Kenansville NC 28349 City State Zip (910) 296-1909 (910)_296-0203 Phone Fax c. Facility name (discharge): Coastal Carolina Clean Power, LLC d. Facility address: 1838 NC l 1 & 903 N. Hwy Address Kenansville NC 28349 City State Zip e. Facility contact person: Michael C. Wood (910) 296-1909 First / MI 1 Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: RECEIVED OR 2 9 2016 DENR-LAND QUALITY STORMWATER PERMITTING d. Facility name (discharge): e. Facility address: Duplin Bioenergy,_LLC Thomas J Mckittrick First MI Last Managing Member Title 5320 Old Pineville Road Permit Holder Mailing Address Charlotte NC 28217 City State Zip 704 364-9100 tom r forsiteinc.com Phone E-mail Address Duplin Bioenergy, LLC 1938 NC 1 I & 903 N. Hwy Address Kenansville . NC 28349 City state Zip f. Facility contact person: Thomas 1 Mckittrick First MI Last (704) 364-9100 tom@forsiteinc.com Phone E-mail Address eitc IV. Permit contact information (if different from the person legally responsible for the permit) Rti Md Jan. 27, 2014 'k NPDES PERMIT NAMEIOWNERSHP CHANGE FORM Page 2 of 2 Permit contact: First MI last Title Mailing Address city state Zip 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: TAUS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR -MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder.prior to ownetship.change): I, Michael C. Wood, 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 returned as -incomplete. Signature Date APPLICANT CERTIFICATION 1, Thon . McKittric attest that this application for a name/ownership change has been reviewed and is ac to d complete to the best of my knowledge. l understand that if all required parts of this plicati are not completed and that if all required supporting information is not included, this application package ill be retymed as incomplete. Signature y� Z7,16 Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2oi4 11111101110001151 OocNa ,rloos+� R.00rdad: rlsatno,eo3:7a;uPM r=ee Ant: S]om Page, of to 1:seisa Tax: $15p W DUPIKC6" North CaroMe Datft N. Ortnu n. Register of Deeds tax 1e18 po 388 - 403 (16) T+•1e P�r-M-% that there are Tic fieffnelurut ad valorem �r,.ti. •. 'r :.r;Prr�lin Connly Tax Collector is I' r , �..:;•., 1F+a, ro K lira on: 1'Ilti;# I j`�i)�% ti3_• Oh7re. Ti:is Is not a certification P.« the d"d dexcripcidn. `. (i;. i !:yl'r. a Cullcc;drl;itx Asst Space abort for Recorder's use on4,. DOCUMENT COVER PACE Excise Tax,. S Tax Parcel ID No LT-- 9j+ e1"- l V&rlfWdly County on the _ day M 2016 By: MawBoxto aaoo 6,3%r, Srd StIw. St. L A" Ma U3101 This tnstrmnent was prepared by: Salley & Bvstzv PLLC 7110 Wthlhllsvtge Ave. t1A.1. WllmlaMon. VA am Brief descrfpfian for the Index: TITLE OF DOCUMENT: DATE OF DOCUMENT: GRANTOR: Special Warranty Docd 1S Match, 2016 GUILFORD MILLS, INC. Mailing Address: CJO Lear Corporation 21557 Telegraph Road Southfield, Michigan 48033 Attention General Counsel and Doug Daughaly GRANTEE: DUPLIN BIOENERGY, LLC Mailing Address: c/o l;orsite Development, Inc. 5320 Old Pineville Road Charlotte, NC 29217 Attn: Tom MoKittrick LEGAL DESCRIPTION: See Exhibit A, attached hereto and incorporated herein INFERENCE DOCUMENT($): Book 937, Page 174 f Back 1819 Page 389 Special Warranty Deed THIS SPECIAL WARRANTY DEED is made and entered into this 17th day of March; 2016 ("Effective Date"), by and between Guilford Mills, Inc., a Delaware corporation, the Grantor, and Duplin Bloenergy, LLC, a North Carolina limited liability company, the Grantee. WrrNBSSETH, that the Grantor, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, paid by the Grants, the receipt of which is hereby acknowledged, does by these presents BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantee, certain real estate situated in the County of Duplin and Stale or North Carolina, and described as follows (the "Property'l: See Exhibit A. attached hereto and incorporated herein by reference. Said property having been previously conveyed to Grantor by instruments recorded in Book 873, Page 281, and Book 832, Page 24 of the Duplin County Registry, and being reflected on Plat recorded in Ulap/Plat Book c^, Page/Slide -_, All or a portion of the property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the Grantee, and to its successors and assigns forever. The said Grantor hereby covenanting that Grantor and its successors and assigns, shall and will WARRANT AND DEFEND the title to the Property unto the said Grantee, and to its successors and assigns forever, against the lawful claims of all persons claiming by, through or under Grantor but none other, excepting, however those Permitted Exceptions described on Exhibit B and the restrictions, terms and conditions of Schedule 1, each attached berate and incorporated herein by reference. Notwithstanding the foregoing. Grantor acknowledges and agrees: (a) that certain Easement Agreement dated November 30, 1994. between Grantor and Cogentrix Leasing Corporation ("Cogcntrix') recorded in book 937. Page 174, of the Duplin County Registry as amended by Letter Agreement dated December 10, 1984, between Grantor and Cogentrix, as further amended by First Amendment to Easement Agreement dated April 23, 1986, between Grantor and Cogentrix, recorded in Book 962, Page 109, of the Duplin County Registry, as further amended by Second Amendment to Easement Agreement dated January 30, 2004, between Grantor and Green Power Kenansville LLC, may be assigned to Grantee by the holderlbeneiciary thereof and shall survive any termination of the Ground Lease referenced therein; (b) that notwithstanding any recorded agreements to the contrary, Grantor shall have no onpiong rights to scone ownership of Property except as expressly provided herein, it being the intent of the parties to expressly terminate any and all of Grantor's prior rights of first refusal; and (c) that notwithstanding any recorded agreements to the contrary, except as expressly provided herein Grantor expressly terminates any and all of Grantor's existing rights to roquim removal of improvements on the Property. neuoir awoa3 2 Book 1819 Page 390 IN WITNESS WHEREOF, the said Grantor has executed these presents the day and year first above written. Grantor: GUILFORD MILLS, INC. Sy, I &t� Narne:'R- D=A DauA&4y Title: Vice President of Global Facilities and Real Estate STATE OF MICHIGAN )SS. COUNTY OF OAK-LAh! On this _ day of March, 2016, before me appeared R. Douglas Daugherty, to me personally known, who, being by me duty sworn, did say that he is the Vice President of Global Facilities and Real Estate of GUILFORD MILLS, INC, and that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and said R. Douglas Daugherty acknowledged said instrument to be the flee act and deed of said corporation. IN TESTIMONY WHEREOF, I have hemmtD set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. M4 Printed Name: 'j e a) n My Commission Expires: In - - - - - - 0 1 MM' BONES Notary Public - Michigan Way- County My Commission EWMS 18 Acting In thl Cc" Of [Signature Page to Special Warranty Deed) FINAL - Sp=W Wornurty Deed - OLL06rd Meth _ Duplin BioeRjay - KenwMalle NC Properly 3 Dwoh96904632 -A MIN1I1g11111 SIN ea�03r1tl201rf 03'M.13 PM "5.00 Pogo 1 of 10 oLnm County NoM Cw*ba oam K Wrmw% Regi W of Deeea SK 1819 Pa 404 - 418 00) .Sjxxe oboe Jor Recorder's uxe a*. DOCUMENT COVER PAGE Excise Tex: Tax Parcel ID No_ _ _ _ Verified by County on the — day of . 2016 W. MQWBOX to: 1%* &CS jV% 5bd. Sh 1Soo, Sl- LOAA Mo ytrot' This instrument was prepared by: Bailey & 19q$by_ FLLC. 7110 Wdohtsyttle Ave.#A 1. Malminan, VA Brief description for the Index: TITLE OF DOCUMENT: Assignment of Easements, Mutual Termination and Release Agreement MiKh DATE OF DOCUMENT: It 2016 GRANTOR: COASTAL CAROLINA CLEAN POWER LLC Mailing Address: c/o ReEneW Biomass Operations LLC 30 Century Hill Drive, Suite 101 Latham, New York 12110 Attention: William H. Ralston CRANTEE: DUPLIN BIOENERGY, LLC Mailing Address: do For,ite Development, Inc. 5320 Old Pineville Road Charlotte, NC 28217 Attn: Tom McKittrick LEGAL. DESCRIPTION: See Exhibit A, attached hereto and incorporated herein REFMMNCE DOCUMENT(S): See Exhibit B. attached hereto and incorporated herein 0 2339039a 6AOU arm Hoak Isis Page 405 ASSIGNMENT OF EASEMENTS. MUTUAL TERM>T]ATION AND RELEASE AGGREEMENT This ASSIGNMENT OF EASEMENT'S, MUTUAL TERMINATION AND RELEASE AGREEMENT (the "i"j is entered into this _11_ day of t*, r1_ , 2016, by and between Duplin Bioenergy, LLC, a North Carolina limited liability company C'PRV&n) and COASTAL CAROLINA CLEAN POWER LLC, a Delaware limited liability company C="j. WHEREAS, CCCP owns and operates a biomass -fired power and steam cogeneration facility (the "Cggen _ 'on boilitv'I located on real property owned by Guilford Mills, Inc., a Delaware corporation ("W au ford') adjacent to Guilford's textile plant (the "Q11ilfosd elant') located in Kenansville, North Carolina, and as legally described in Exhibit A attached hereto and incorporated herein; and WHEREAS, Guilford owns certain real property commonly known and numbered as 1838 NC Hwy I I North, Ktxransville, North Carolina (the "hMgmUF7; and WHEREAS, CCCP ]rases that certain Property from Guilford in accordance with the provisions of Ground Lease, dated November30. 1984, as amended and supplemented and further described in Exhabit BB attached hereto and incorporated herein (the "Ground L I and a Limited Ground Lease, dated November 19, 20K as amended and supplemented and f uiber described in Erthibit B attached hereto and incorporated herein (the -"led LgM") (collectively, the "S "); and WHEREAS, CCCP is the owner and holder of rights under those easements and servitudes described on ExhibitJ3 attached hereto and incorporated herein (collectively, the *%ffa=ents'J: WHEREAS, Guilford desires to sell the Property and assign all of its rights, title and interest in and to the Leases to Duplin and Duplin desires to accept the assignment of all of Guilford's rights, title and interest in and to the Leases; and WHEREAS. Duplin desires to assign all of its right. title, and interest in and to the Easement to Duplin and Duplin desires to accept such assignment; and WHEREAS, Duplin and CCCP desire to simultaneously terminate the Leases and any rights, claims, or remedies a party has or may have putstmnt to the Leases upon the execution of this Agreement; and WHEREAS, CCCP desires to release and waive any and all claims or disputes it has against Duplin (by way of assignment) in connection with the Leases; and NOW, THEREFORE, in consideration of the mutual termination of the Leases gad release contained herein and other good and valuable consideration, it is agreed by and between Duplin and CCCP as follows: 1. As�t ent of Easemmm CCCP assigns to Duplin all of CCCP's right, title, and iaterast as holder or grantee under the Easements. CCCP warrants and represents to Duplin that Book 1819 Page 409 IN WITNESS WHEREOF, this Agreement has been duty executed and delivered by each Party as of the date first above written. sTATE of $krjA—kYvI f na- ) Ss COUNTY OF jq — A ✓ ' B %,a of Public in and for said County and State, personally appeared on 1 D by me known and by me known to be the of Duplin Bioenergy, LLC, a North Carolina limited liability company, ho acknowledged the execution of the foregoing Agreement on behalf of said limited liability company. WITNESS my hand and Notaria15ca1 this day of 120M. My Commission Expires: 'r Ids 17 �—A— DOS LR--- Not`ary� Public ``ll h kW Printed Name tiotory ftatc ' mecktenburp County MV Commialott Expire 0912312017 [SIGNATURE PAGE 70 ASSIGNMENT OF EASEMENTS MMAL TERMINAVON, AND RELEASE AGREEMEN7] Book 1810 Page 410 COASTAL CAROLINA CLEAN POWER LLC By: I JV � — Name: William H. Ralston Title: Chief Risk Officer STATE OF NEW YORK ) )Ss COUNTY OF AL13ANY ) Before me, a Notary Public in and for said County and State, personally appeared William H. Ralston, by me known and by me known to be the Chief Risk Officer of Coastal Carolina Clean Power LLC, a Delaware limited liability company, who acknowledged the execution of the foregoing Agreement on behalf of said limited liability company. WITNESS my hand and Notarial Seal this /G t day of March, 2016. Notary public Printed Name My Commission Expires; b 18 DIANE L WAGNER Notary Public. Stale of New Nbrk Qualified In Rensselaer County No. 01 MISD59878 My Commission Expires 0=6 !, % [SIGNATURE PAGE TO ASSIGNMENT OF EASEI4IEN7S, MUTUAL TERMINATION, AND RELEASE AGREEMENT] Larsen, Cory From: Willis. Linda Sant: Thursday, August 12, 2010 11:41 AM To: Larsen, Cory Subject: CC Power Cory, Made my visit yesterday to coastal clean power. . The outcome is as follows: We'll have 3 outfalls they must monitor for analytical (all parameters). They are adding 2 more outfalls to their SWP3. Outfalls 1 and 2 are as stated on their map of the facility. Outfall 3 is located on the southside of their entrance road from HWY 11. The 41h outfall is at the northeast side of their facility and it only requires qualitative monitoring only (nothing drains from areas of concern to that area, just clean stormwater). I want qual monitoring though in case they start storing something in that drainage area that may Pose issues. The monitoring parameters should be modified as follows: k _� d E Remove BOD, I'll agree COD will get us what we want. Keep the metals you proposed but do not require monthly monitoring for those if iemonitored ger a tier requiring monthly G k monitoring unless a metal is above that benchmark and only that metal will have to monthly (along with the other non metal parameters). They didn't like the oil and grease in there because they don't use more than 55 gallons of oil per month. I told them I found oil deposits on.site during last inspection so I'm not crazy about it not being in the permit, but if we don't have foundation to have it in there, we'll take it out. But, if I see oil and grease not being cleaned up on site when I inspect, Lwt they can expect I'll take action against them for not implementing theirSWP3. Hope this is ok with you. Thought the negotiation went well all in all. LW I'm out for the rest of the day. w� tit Gt"J AZt4T4,2, {-► VU L SS' 4&/M fl w1 W Larsen, Cor r� From: Willis, Undo Sent: Friday, August 20, 2010 4:33 PM To: Larsen. Cory Subject: RE: CC Pow Perfect LW From: Larsen, Cory Sent: Monday, August 16, 2010 1:48 PM To: Willis, Linda Subject: RE: CC Power Linda, I've made the changes as discussed. Let me know if you think this will work for them when convenient. Thanks. From: Willis, Linda Sent: Thursday, August 12, 2010 11:41 AM To: Larsen, Cory Subject: CC Power Cory, Made my visit yesterday to coastal clean power. . The outcome is as follows: We'll have 3 outfalls they must monitor for analytical (all parameters). They are adding 2 more outfalls to their SWP3. Outfalls 1 and 2 are as stated on their map of the facility. Outfall 3 is located on the southside of their entrance road from HWY 11. The 4th outfall is at the northeast side of their facility and it only requires qualitative monitoring only (nothing drains from areas of concern to that area, just clean stormwater). I want qual monitoring though in case they start storing something in that drainage area that may Pose issues. The monitoring parameters should be modified as follows: Remove BOD, I'll agree COD will get us what we want. Keep the metals you proposed but do not require monthly monitoring for those if they trigger a tier requiring monthly monitoring unless a metal is above that benchmark and only that metal will have to be monitored monthly (along with the other non metal parameters). They didn't like the oil and grease in there because they don't use more than 55 gallons of oil per month. I told them I found oil deposits on site during last inspection so I'm not crazy about it not being in the permit, but if we don't have foundation to have it in there, we'll take it out. But, if I see oil and grease not being cleaned up on site when I inspect, they can expect I'll take action against them for not implementing their SWP3. Hope this is ok with you. Thought the negotiation went well all in all. LW I'm out for the rest of the day. North Carolina Beverly Eaves Perdue. Governor NCDENR Department of Environment and Stephan Miller Plant Manager Coastal Carolina Clean Power, LLC 1838 Highway 11 Kenonsville, NC 28349 Dear Mr. Miller, November 18, 2009 Natural Resources Dee Freeman; Secretary Subject: NPDES Compliance Inspection Report Coastal Carolina Clean Power, LLC NPDES Permit No. CS00035 nd NCO05.8271 Duplin County conducted on inspection of the Coastal Carolina Clean Power, LLC site on October 22, 2009. This inspection was conducted to verify that the facility is operoting in compliance with the conditions and limitations specified in NPDES Permit No.s NCS000351 and NC0058271. The findings and comments noted during the inspections are provided in the enclosed copy of the inspection reports entitled "Water Compliance Inspection Report" and "Compliance Inspection Report". The wastewater facility appeared to be operated and maintained in compliance with the NPDES Permit NC0058271. Please update your stormwater pollution prevention plan to provide all the required elements outlined in your NCS000351 permit. You should begin your quarterly monitoring for the remainder of this year through June, 2010. Should you receive your renewed stormwater permit before June 2010, please follow the requirements specified in the new permit. If you have any questions concerning this report, you may contact me at the letterhead contact information or via email at linda.willis@ncdenr.gov. Sincerely, Linda Willis Environmental Engineer I Enclosure Cc: Wilmington Regional Office - (2 copies) NCS000351, NCO058271 (yellow) Central Files, Surface Water Protection Section ne NorthCarohna 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 naturally Phone: 919-733-49841 FAX: 919-715-3060 i Internet: www.enr.state.nc.us/ENR/ An Equal Opportunity I Affirmative :fiction Employer - 50 % Recycled 110 % Post Consumer Paper R Compliance Inspection Report Permit: NCS000351 Effective: 05/01/02 Expiration: 04/30/67 Owner: Coastal Carolina Clean Power LLC SOC: Effective: Expiration: Facility: Coastal Carolina Clean Power, LLC County: Duplin 1838 Hwy 11 And 903 N Region: Wilmington Kenansville NC 28349 Contact Person: Stephen &49oxri�Title: Phone: 704-331-6574 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10/2212009' Entry Time: 01:00 PM Exit Time: 03:00 PM Primary Inspector: Linda Willis �r �f,�Q,�,0.� Phone: 910-796-7396 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: M Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000351 Owner - Facility: Coastal Carolina Clean Power LLC Inspection Date: 10/22/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: SWP3 will require updating and amending to include all of the elements required in the SWP3 such as: Site plan, stormwater management plan, feasibility study, BMP summary for each area of concern, SPRP, preventative maintenance and good housekeeping, employee training, responsible party, plan amendment and yearly review documentation, and facility inspection program. It should be evident that the SWP3 is being implemented on site. Please improve the housekeeping (where empty drums are stored) behind the pump house (adjacent to the wastewater settling basin). It appeared the facility inspections are very thorough and timely. The secondary containment documentation for chemicals on site was very thorough. Please provide documentation that the stormwater within the containment structures are being monitored prior to any release and ensure locking mechanisms are provided on the outfall pipes from the secondary containment structures. Begin quarterly analytical sampling from all outfalls located at the site from October - June 2010 (3 quarters). One new outfali at the road was noticed which should be added to the plan. Conduct qualitative and quantitative monitoring foe this outfall. Provide a description of how the rinsate from cleaning chemical drums is being handled. The rinsate cannot be discharged to surface waters. You forward a copy of your updated SWP3 to Linda Willis for technical review. Any deficiencies will be discussed with you and modifications to your plan can be made. Page: 2 L ti Permit: NCS000351 owner - Facility: Coastal Carolina Clean Power LLC Inspection Date: 10/22/2009 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? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall 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? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? M 0 ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ®❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ®❑ ❑ ❑ Comment: The stormwater pollution prevention plan requires major modifications, updates and annual reviews. Please provide a yearly certification by authorized individual concerning illicit stormwater discharges. Please include all outfalls discussed during the inspection on the site map and all drainage directions of all areas of the site. Please begin the quantitative monitoring at all outfalls immediately and for each quarter for the remainder of the permit year. See comments for more details. Qualitative Monitoring Yes No 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? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 11000 Comment: Must begin the monitoring immediately to catch this quarter (October - December) time period and thereafter quarterly through June 2010. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ®❑ ❑ ❑ # Were all outfalls observed during the inspection? ®❑ ❑ ❑ Page: 3 Permit: NCS000351 Owner - Facility: Coastal Carolina Clean Power LLC Inspection Date: 10/22/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine # If thefacility has representative outfall status, is it properly documented by the Division? ❑ ■ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment. Illicit discharge certification needs to be documented yearly. Page: 4 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 204so OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmolday Inspection Type Inspector Fac Type 1 NU2 Igl 31 KC0058271 I11 121 09/10/22� 17 181C 191GI 20LJ u �--r 1 u �J Remarks 21 1 1 1 1 1 1 1 1 1 1 L I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Li 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA---------Reserved 671 169 70U71 Ij 72 J 73 Luj 74 751 11 I I 1 180 Section B: Facility Data Name and Location of Facility Inspected (Far Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 09/10/22 07/03/01 Kenansvil-le Facility Exit Time/Date Permit Expiration Date 1838 NC Hwy 11 Kenansville NC 2a349 02:30 PM 09/10/22 12/01/31 Name(s) of Onsite Representative(s)/Titles(syPhone and Fax Number(s) Other Facility Data Michael Alois Houston/ORC/910-296-0400/. Name, Address of Responsible Officialf itte/Phone and Fax Number Contacted Boyd David,PQ Sax 809 Kenansville NC 28399/0perat:ions Manager/910-296-1909/9102960203 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement ■ Operations & Maintenance ■ Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Linda Willl--is__�nj WIRO WQ//910-796-7396/ ` ? (,Q1� ] � Signature of. Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yrimol a y Inspection Type 1 3� NC005B271 I11 12I 09/20/22 I17 18UC Section D: Summary of Finding/Comments (!Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO058271 Owner -Facility: Kenansville Facility Inspection Date: 10/22/2009 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Flow Measurement - Effluent # Is Flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Be sure to maintain records of flow meter calibration on site. Primary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the sludge blanket level acceptable? Is the sludge blanket level acceptable? (Approximately'/. of the sidewall depth) Comment: Wastewater in the settling basin was of good clarity. Yes No NA NE Page # 3 h, �oF W A TE �0 6 Cl) r 0 'C June 2, 2006 Mr. Stephen J. Schaefer Coastal Carolina Clean Power, LLC 712 Fifth Avenue New York, NY 10019 Dear Mr. Schaefer: Michael F: Easley. Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit No. NCS000351 Coastal Carolina Clean Powcr, LLC Formerly United Cogen Fuel, LLC Duplin County Division personnel have reviewed and approved your request to transfer coverage under the individual permit, received on May 24, 2006. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater.Permitting Unit at (919) 733-5083, extension 502. Sincerely, ORIGINAL SIGNED BY KEG! PICKLE Alan W. Klimek P. E. cc: DWQ Central Files Wilmington Regional Office, Water Quality Section Stormwater.Pc=tdng Unit No Carolina �turu!!1/ North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportuniitylAfflrmalive Action Employer —50% Recyded110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT No, NCS000351 STORMW ATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, COASTAL CAROLINA CLEAN POWER, LLC is hereby authorized to discharge stormwater from a facility located at COASTAL CAROLINA CLEAN POWER, LLC 1838 HIGHWAY 1 I NORTH KENANSVII-LE DUPLIN COUNTY to receiving waters designated as an unnamed tributary to Northeast Cape fear River, a class C SW stream, in the Cape River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV hereof. This certificate of coverage shall become effective June 2, 2006. This Certificate of Coverage shall remain in effect for the duration of the permit. Signed this day June 2, 2006. ORIGINAi. SIGNED BY KEN PICKLE Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission r.. ; ' ' plat � • •• :._• •' ' Permit No. NCS00035.Z. _� . 410 . rR w f - rt # �► # ..�% 0. � � ' ''+4 rt '� �_'�• � � �► -.f ; � y~ �' ' {:�_•� } _•r f: .l�•. .ter .... +. ,tl► t. t -# �••,r•- - .f• .�s� _�►•-i-q►� Syr... -41 i. - _ - Yam# - r• 4 � i ...►. �.�_ � + � •••• SR -�_• 01 /'' 'ter.. � - � - ` '�• � �4. # { � 2w 46- w r _ , ,ace - r + "` x�• 4 .�--' '�'� = _ -- . � ; + _ — _�-•� dam r' . mow Ta t7 }- `38 3(r r 2 340 000 FEET 40 Ray Mapped, edited, 42 and published by the Geological Survey. Control by USGS. N0SINOAA. and North Carolina Geodetic Swtieit Totxiaphy, by photog►ammetric methods from . aerial photographs taken 1977. ' Field checked 1979. Map edited 1980 t000� Projection and 10,000400t grid ticks: 'North Carolina coordinate system (lambert coMorrnal conic) 7- Mpp 1000-meter Universal Transverse Mercator grid, cone 18 Page 3 124 m'Ls • ,• ' 1927 North American Datum To place on the predicted North American Datum 1983 ' �I Coastal Carolina Clean Power, LLC PO Box 809 1838 NC 11 & 903 Kenansville, NC 28349 (910) 296-1909 x 28 phone (910) 296-6001 fax F@ERMER JUN I 2006 DIV OF WATER QUALITY May 26, 2006 ffz az Io To Whom It May Concern: d As of May 23, 2006 United Cogen Fuel, LLC is now known and doing business as Coastal Carolina Clean Power, LLC. Our mailing and shipping addresses remain the same. The Personnel that you are familiar with remains the same. Please change your records to reflect this new name. If you have questions or concerns please don't hesitate to call us at the above number. Thank you for your cooperation in this matter. Sincerely, J,, $/am& r Pat .Prince Raynor Admin Services Director STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND.NATUR.AL RESOURCES DIVISION OF WATER QUALITY PERMIT No. NCS000351 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, UNTIED COGEN FUEL LLC is hereby authorized to discharge stormwater from a facility located at GREEN POWER KENANSVILLE LLC 1838 HIGHWAY 11 KENANSVILLE DUPLIN COUNTY to receiving waters designated as an unnamed tributary to Northeast Cape fear River, a class C SW stream, in the Cape River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,111, and IV hereof. This certificate of coverage shall become effective February 25, 2005. This permit and the authorization to discharge shall expire at midnight on April 30, 2007 Signed this day February 25, 2005. Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission n Permit No. N f;- .- .. .. -�� — 1►� — . .fir , � — 4.. -��.-�; �� �- � — -f — 4 � � _ — T T� 1 � - • _ ��' } -� .+ 3 — •;�— � � � � � s ,yam - .� + ~► — � — ',- ft, lb 1 -7 f- + - �'� y►- i. +�� oil jag -_ /�I�, �+- ; -ter - = ~ .. _ .� T ,tda+n—. _ 460 OW ' FEET 2077 i . F _ ' �-- 77•52'30" 12 340 000 FEET -. 51Y '42 !Fu #1 Mapped, edited, and published by the Geological Survey I Control by USGS. NOS/NOAA, and North Carolina Geodetic Survey L I.E TRhY by RhotoiVammetric methods from aerial _ photographs taken 1977. Field checked_ 1979. Map edited 1980 �: J GN t Projection and 10,000-foot grid ticks North Carolina coordinate sYstem (LAmbert eonformaf conic) 7* taao p 10fp 1000-metes Universal Transverse Mercator 18 Page 3 f24 Mk �,•. grid, zone '1927 North American Datum Toa place an the P . predicted North American Datum 1983 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director Mr. Stephen Miller Green Power Kenansville LLC PO Box 809 Kenansville, North Carolina 28349 Dear Mr. Miller: I 6Tk?0W'J 744va NCDENR Nom'H CAROLINA DEPARTMENT OF March 10, 2004 ENVIRONMENT AND NATURAL RE50URCE5 Subject: Stormwater Permit Name/Ownership Change Permit Number NCS000351 Green Power Kenansville LLC Duplin County The Stormwater Unit received your permit Name/Ownership Change and your check (#2640) for $60.00 on January 29, 2004. Thank you for submitting this package. As of January 1, 1999, the fee for processing name/ownership changes has been eliminated. Therefore, no fees are required for these permit modifications. I am returning the check you submitted with the permit name/ownership change request. If you have any additional questions concerning this modification, please contact me at the phone number or address listed below. Sincerely, [ Valery Stephens Point Source Branch cc: SWGPU File Central Files 1617 Mail Servile Center, Raleigh, N00 CaM1= 27699.1617 919 733.5063, motension 520 lfaxj 919 733-0719 VISIT US ON THE INTERNET 0 http Ai2o.erv.sta1e.nc.usiNPDES Valery.SWwns®nmWI.nel State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director March 10, 2004 Mr. Stephen Miller Green Power Kenansville LLC PO Box 809 Kenansville, North Carolina 28349 A F?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL ResOURCES Subject: NPDES Permit Modification — Name/Ownership Change Permit NCS000351 Green Power Kenansville LLC (Formerly Green Power Energy Holdings LLC) Duplin County Dear Mr. Miller: In accordance with your request received January 29, 2004, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General. Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 2761 1-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required: If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. cc: Central Files Wilmington Regional Office, Water Quality Section NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, Ian W. Klimek, P.E. 919 733-5083, extension 520 (fax) 919 733-0719 Visa US ON THE INTERNET @ http:l1h2o.enr.state.nc.usl I\ Valery.Stephens ®ncmail.net Permit'No. NCS000351 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina. General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Green Power Kenansville LLC is hereby authorized to discharge stormwater from a facility located: Green Power Kenansville LLC 1838 Highway 11 Kenansville Duplin County to receiving waters designated as an unnamed tributary to Northeast Cape Fear River, a class C SW stream, in the Cape Fear River Basin in accordance with limitations and controls, monitoring requirements and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective March 10, 2004. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day March 10, 2004. r lan W. Klimek, P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director November 17, 2003 Mr. Boyd Davis Green Power Energy Holdings LLC PO Box 809 Kenansville, North Carolina 28349 ffl:?�W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAu*uRAL REsouptcE5 Subject: NPDES Permit Modification — Name/Ownership Change Permit NCS000351 Green Power Kenasville (Formerly Cogentrix ECC LLC) Duplin County Dear Mr. Davis: In accordance with your request received October 14, 2003, the Division is forwarding time subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150E of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect time legal requirement to obtain other permits,which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. Sincerely, 1 (111AVT1 W. Klime , P.E. cc: Central Files Wilmington Regional Office, Water Quality Section CNPDES .Unit - 1617 Mail Service Center, Raleigh. North Carolina 27699-1617 919 733-5083, extension 520 (tax) 919 733-0719 Visa US ON THE INTERNET @ http:#h2o.enr.state.nc.usl Valery.StephensOnemail.net Permit No. NCS000351 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Green Power Energy Holdings,, LLC is hereby authorized to discharge stormwater from a facility located: Green Power Kenansville 1838 Highway 11 Kenansville D'uplin County to receiving waters designated as an unnamed tributary to Northeast Cape Fear River, a class C SW stream, in the Cape Fear River Basin in accordance with limitations and'controls, monitoring requirements and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 17, 2003. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day November 17, 2003. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission