NCS000534_APPLICATION_20140623

STORMWATER DIVISION CODING SHEET
PERMIT NO.
DOC TYPE
❑FINAL PERMIT
'❑ MONITORING INFO
'Lf APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
�,2,011{' ODD 131
YYYYM M DD

�rci i E n� wvci ayc
e ew I ARRfication Form
NCDAr National Pollutant Discharge Elimination System NPOES Permit Number
Stormwater Individual Permit NCS000534
Please provide your permit number in box in the upper right hand corner, complete the information in the space provided
below and return the completed renewal form along with the required supplemental information to the address indicated.
Owner Irrformation
* Address to w*kh permit com?5pondence will be mailed
Owner / Organization Name:
Clear Path Recycling, LLC
Owner Contact:
Matt Hendrickson
Mailing Address:
3500 Cedar Creek Road Fayetteville, NC 28312
Phone Number:
910-433-8285
Fax Number:
910-433-8297
E-mail address:
mhendrickson@dakamericas_com
FEgciiity Information
Facility Name:
Clear Path Recycling, LLC
Facility Physical Address:
3468 Cedar Creek Road Fa etteville NC 28312
Facility Contact:
Gary Slater
Mailing Address:
3500 Cedar Creek Road Fayetteville, NC 28312
Phone Number: 910-433-8375
Fax Number: 910-689-2113
E-mail address: [e-mail]
Permit Information
Permit Contact: Clear Path Recycling, LLC
Mailing Address: 3500 Cedar Creek Road Fayetteville, NC 28312
Phone Number:
Fax Number:
E-mail address:
Dlschame Information
Receiving Stream:
Stream Class:
Basin:
Sub -Basin:
Number of Outfalls:
910-433-8375
910-433-8297
Gary.Slater@dearpath ding.aom
J
RECEIVED
OCT 29 2014
Cape Fear River DENR-LAND QUALITY
wS-iy STORMWATER PERMIT i ING
Cape Fear River Basin
NA —
7
Facillift/ActiMity t;hanaes Please describe below any changes to your facility or activities sine issuance of your permit. Attached a
separate sheet if necessary.
Improved oil & lube storage by keeping in same location but placing material in shed with self-contained berm. Revisions to chemicals
Inventory include: Discontinued use of Citric Acid and Potassium Hydroxide.
CERTIFICATION
I certify that I am familiar with the info Lion oontained in the application and that to the best of my knowledge and belief
such information is true to and ccurate.
Signature Date !D a COI
Print or type name of person signing above Title
Please retum this completed application form SW Individual Permit Coverage Renewal
p And requested supplemental information to: Stormwater Permitting Program1612 Mail Service Center
Raleigh, North Carolina 27699-1612

STORMWATER,POLLUTION PREVENTION PLAN
DEVELOPMENT AND IMPLEMENTATION
CERTIFICATION
North Carolina Division of Energy, Mineral, and Land Resources - Stormwater Permitting
Facility Name: Clear Path Recycling, LLC
Permit Number. NCS000534
Location Address: 3500 Cedar Creek Road Fayetteville, NC 28312
County. Cumberland
'I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were
developed and implemented under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information required by the SPPP_ Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the
information gathered is, to the best of my knowledge and belief, true, accurate and complete.'
And
'I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been
fully implemented at this facility location in accordance with the terms and conditions of the Stormwater discharge
permit."
And
°I am aware that there are significant penalties for falsifying information, including the possibility of fines and
imprisonment for knowing violations."
Sign (according to permit signatory requirements) and return this Certification. DO NOT
SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
Signature
Print or type name of person signing above
Date /0 a r /--,701�
. ?I-AArF A0�464FX
Title
SPPP Certification 10/13

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a
Zl�

CPR OU ALLS
DATE mSS 11 mOD 11
mOD T N1 OGEN T PHO9fLrSPNORUS
glL
TANDAR
I�NC FALL
ES
OUTFALL A
6/28/2010
22.4
4.3
22.2
1.25
0.082
6.77
1
OUTFALL A
9127/2010
17
5.2
70.6
1.27
0.099
6.96
3.23
OUTFALL A
212/2011
1.1
<2
<10
1.18
0.033
6.67
0.15
OUTFALL A
9/20/2011
5.4
3.9
31
1.91
<.01
6.31
0.25
OUTFALL A
5130/2012
61
11
106
2.2
0.159
6.65
0.9
OUTFALL A
9118/2012
49.21
<21
1281
1.91
0.2851
6.771
0.6
1OW2012
99.3
4.2
83
1.05
0.077
6.33
1.25
A
411212013
7.9
4.8
31
2.24
0.066
6.4
0.25
4OUTFALLA
Al2i4/2013
2.8
2.7
<30
1.51
<.02
6.7
0.19
A
6114120141
150
18
180
&721
0.2621
6.71
3.8
OUTFALL A 1
10114120141
48
6-41
0.9

CPR OUTFALLS
DATE
TSB
mgJL
BOD
MWI
COD
m
T NITROGEN
T PHOSPHORUS
Ph
LTANDARVJ
RAINFALL
INCHES
OUTFALL B1
I Sr=101
I Z71
5.71
78.21
1.641
0.1751
6.591
1
1 M7120101
341
<21
51.21
1.11
0.1211
7,291
323
OUTFALL 81
OUTFALL B7
2l OII
OUTFALL Bi
912W20111
lizi
1391
5281
9.271
1.05
975
026
OUTFALL B7
5=0121
70.71
<7
194
2-281
0.647
7.57
0.9
OUTFALL Bt
1 7120120121
1421
6.01
77.4
2AS1
0.24911
6.72
0.5
OUTFALL 81
1 911812012
298
26.0
331
1.88
0.6851
7.06
0.6
OUTFALL,91, A
101=0121
61.31
4.41
1081
1.081
0.27
6-32
125
UTFALLa8lkpi9; '.
1IMSM1121
531
3.7
63
1.67
0.299
7-1
0-86
OUTFALL B1
4/1211201131
85,21
26.41
83.21
2.62
0.3"1
6.65
0.25
OUTFALL 81
1214120131
71.21
6.1
"Al0.8781
04821
7.04
0.19
OUTFALL 81
5N42016
7.31
10.1
104
0.31
0.02
6.9
3.8
OUTFALL 81
10/142014
<12.51
1
1
1
1 7.5
0.9
No flow Rom o tfall

CPR OUTFALLS
DATE
11
TSS 11
m
BOD
m
COD 11
m
T NITROGEN 11
m
m
T PHOSPHORUSa7.36O.25
OUTFALL B2
5/2812010
35.6
26.4
112
2.54
0.261
OUTFAMB2
9/2712010
25.5
21
122
2.27
0265
OUTFA
212/Z011
4.3
10.2
41.4
2.33
0.284
OUTFALL
9/20/2011
64.5
20
119
19.2
0.462
;OUTF;ALL
B2
glig/20121
1441
33.61
3031
2A21
0.602
6.9
0.6
10/812012
52.2
72
85
0.801
0.174
8.65
1.254/12/2013
65A
27.2
31
3.24
OA74
7.09
0.25
MOUTEAN2
124/2013
SA
24.8
61.2
1.03
0.232
6.95
0.19
5/1412014
96
2.9
602
S.211
6.21
6.91
3.8
OUTFALL B2
1 10114120141
18.71
1 1
1
0.9

CPR OUTFACES
DATE
TSS
m !L
BO
I COD
I m 1L
JITNITROGEN
m 1L
T PHOSPHORUS
m 1L
Ph
TANDAR
RAINI ALL
INCHES
OUTFALL B3
5128/2010
1
OUTFALL C
5128/2010
1
OUTFALL D
5/2812010
1
OUTFALL E
612812010
38.8
11.2
58.5
2.26
0.115
10.44
1
OUTFACE 63
OUTFALC C
OUTFACE D
OUTFACE E
OUTFALC B3
OUTFACE C
OUTFACE D
OUTFACE E
OUTFACE B3
OUTFACE C
OUTFACE D
OUTFACE E
OUTFACE S3
OUTFACE C
OUTFACE D
OUTFACE E
OUTFACE 63
OUTFACE C
OUTFALC p
OUTFACE E
OUTFACE 83
OUTFALL C
OUTFALL D
OUTFALL E
OUTFALL 83
OUTFALL C
OUTFALL D
OUTFALL E
OUTFALL 63
OUTFALL C
OUTFALL D
OUTFALL E
No flow from Outfali
No flow from outfall
No flow from outWl
No flow from outfall
No flaw from outfall
No flow from outfall
Na now from outfall

EROSION OR OTHEI20BVIOUS
FLOATING DEPOSITION AT INDICATORS OF
CPR OUTFALLS DATE COLOR ODOR CLAR4 SOLIDS I SS FOAM OIL SHEEN AT THE STORMWATER
6UTFALL POLLUTION
OUTFALL A
9.3812010
Grw
Nona
Cloudy
No
Yes
NO
No
No
None
OUTFALL Bi
I SrAn010 Brown
Musky
Cloudy
No
Yes
No
No
No
None
OUTFALL 62
5/29/2010 Broom
Musky
No
Yes
Yes
No
No
None
5/2812010
SI282010
5128/2010
A3
612812010 Clear
None
clear
No
Yes
No
No
No
HI h H
9f27/2010 G
M
clear
No
Yes
No
No
No
NONE
7
WV12010 Grey
None
Cloudy
No
Yes
No
No
No
NONE
OUTFALL 132
19WI2010 Grey
None
Cloudy
No
Yes
Yes
No
No
NONE
OUTFALL 133
1 SM7/2010
OUTFALL C
1912712010
OUTFALL D
I OW12010
OUTFALL E
1912=010
OUTFALL A
2MMI1 Light Green
none
clear
no
no
no
no
no
None
OUTFALL 131
21212011
OUTFALL 82
2IV2011 Grey
none
clear
no
no
no
no
no
None
OUTFALL B3
2/212011
OUTFALL C
2 212011
OUTFALL D
2r=11
OUTFALL E
202011
OUTFALL A
9120/2011 tan
Musky
Cloudy
no
no
no
no
no
none
OUTFALL 81
=012014 black
musky
Clou
no
no
no
no
no
one
OUTFALL B2
912012011 Grey
sulfur smell
Cloudvv
no
Yas
no
no
no
done
OUTFALL 63
9120/2411
OUTFALL C
912012DI I
OUTFALL D
9120/2011
OUTFALL E
9120/2011
OUTFALL A
513012012 grey
none [Cloudy
some
as
No
No
No
None
OUTFALL B1
813012012 Grey
none
Cloudy
some
ea
No
No
No
None
OUTFALL 82
5130=12 grey
none
Cloudy
some
yes
No
No
No
None
OUTFALL B3
513012012
OUTFALL C
513012012120
OUTFALL D
8/3012
OUTFALL E
61AMI'l2
OUTFALL Bi
712012012 light tan
noneIMc
na
no
no
none
OUTFACE A
8/1812012 tan
cio
no
as
no
no
no
no
OUTFALL 131
W1612012 dark bnown
c[du
no
no
no
nd
OUTFACE B2
911ti12012
dark brown
cloud
no
es
es
no
no
no
OUTFALL B3
OUTFALL C
OUTFALL D
OUTFALL E
OUTFALL A-
1018120121 tan
muslkwy cloudvi
no
yes
no
no
nol
no
OUTFALL B1
101=012 grey
musky cloudyl
nol
yes
no
no
no
no
OUTFALL 82
10MM12
mus cloudyl
nol
ves
no
no
no
no
OUTFALL A
121412013 Grey
Mus dear
no
no
no
no
no
no
OUTFALL B1
1214/2013 dark
none
clear
no
no
no
no
no
no
OUTFALL 112
1214/2013
none
clear
no
no
no
no
no
no
OUTFALL B3
OUTFACE C
OUTFACE D
OUTFALL E
OUTFALL A
5/1412014
dark
none
crone
some
some
no
no
no
no
OUTFALL B1
5/1412014
tan
none
cloudy
no
no
no
no
no
no
7
OUTFALL 82
W1412014
Ilht grey
none
clear
no
no
no
no
no
no
OUTFALL 113
OUTFALL C
OUTFALLD
OUTFALLE

4.3.3 The following is a list of Best management Practices (BMPs)
evaluated.
Activity
Purpose
BMPs
Site Mans ement
Site Grading
Minimize Exposure
Repave area to direct flows
away from storage and waste
areas. No site grading is nec-
essary as of the effective date
Waste and Liquids
Good Mainte-
Inspect to ensure integrity of
nonce
tanks, containers, piping, an
valves. Install safeguards
against accidental releases.
Washwaters
Waste Minimiza-
Recycle and reuse or release
tion
to pretreatment system.
Employee Training
Waste Minimiza-
Train employees regularly on
tion
proper and environmentally
safe practices.
Materials Inventory
Good Manage-
Maintain proper inventories of
ment
vehicles processed, materials
stored, and wastes recycled or
disposed.
Storm Water
Treatment
Flow Dissipation
Remove Pollutants
Directs flow discharge over
coarse gravel or cobblestones
to facilitate settling out of par-
ticulates and sediment.
Vegetative Belts
Remove Pollutants
Direct flow discharge over
vegetative belts or biofilters to
enhance pollutant removal. All
outfalls along the east side of
the property discharge to a
vegeUflve strip.

Detention Ponds
Remove Pollutants
Capture storm water runoff
from high activity areas. Skim
off surface oii and remove bot-
tom sediment. Reuse or
evaporate runoff water. There
are no detention ponds on the
CPR site.
OillGrit and
Remove Pollutants
Direct flows from high activity
OiVWater Separa-
areas through oil/water separa-
tors
tors. Off-line separators to by-
pass are pre r-
able. Maintain regularly. There
are neither oiYgfit nor of a er
separators on the CPR site.
Flota-
Remove Pollutants
Store runoff flows, equalize,
bon/Coagulation
and provide flota-
tionJcoagulabon. High opera-
tion and maintenance costs.
Inappropriate if used only in-
termittently. This treatment
method is part of the site's pre-
treatment system for process
wastewater. Oil or chemical
spills in the building would be
directed to the pretreatment
system.
industrial Sewer
Remove Pollutants
Pretreat as required.
Piping
Offsite

The following is a list of stormwater Best Management Practices (BMPs) that have been implemented to
eliminate contamination to stormwater.
• Silt fencing around dirt and concrete piles.
• Silt fencing surrounding Bi Outfall inlet drain.
• Road Sweeping program. Monthly.
• Rack Check [lam at 61 Outfall inlet drain.
• Underground stormwater piping cleaned.
• Hired an employee whose responsibilities include performing stormwater housekeeping audits
and inspections. This includes cleaning around fence lines, stormwater inlet drains and outfalls.
• Fence netting installed on entire fence line surrounding CPR stormwater outfalls.
• Installed drain filter guards on all inlet drains that feed CPR outfalls.
Developed a monthly program for inspecting drain guards and rock check dams and replace
when needed.
• Roads were repaired surrounding outfall drainage areas to prevent sedimentation from entering
stormwater stream_
• Stormwater housekeeping inspections were changed from weekly to daily.
• Installed concrete containment area for waste compactors on bottle yard to prevent stormwater
contamination.

October 24, 2004
REF: NPDES PERMIT No. NCS000534 RENEWAL
SW Individual Permit Coverage Renewal
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, NC 27699-1612
Dear Sirs:
E
Please find enclosed Renewal Application Form and requested supplemental data for renewal
of Clear Path Recycling LLC, Stormwater Permit #NCS000534. If you have any questions or need
additional information feel free to call Donald Allbright @ 910-433-8227.
Sincerely,
Donald Allbright
Environmental Specialist
DAK Americas LLC
RECEIVED
OCT 29 2014
DENR-LAN© QUALITY
STORMWATER PERMITTING
Clear Path Recycling LLC - 3500 Cedar Creek Rd. — Fayetteville, NC 28312
1-877-387-3738 — (1-87REUSEPET) — www_cleearpathrecycling.com

w rC1IIUL rcicmfu
ARAItm ml Applicaton F
HCMR National Pollutant Discharge Elimination System ��� Permit Number
Stormwater Individual Permit NC50534
,lease provide your permit number in box in the upper right hand corner, complete the inforrnai`ion in the space provided
relow and return the completed renewal form along with the required supplemental information to the address indicated.
)yaw xr fo
* Address to which permit mwreWande xe W11 be mailed
Miner / Organization Name:
Clear_ Path Recyding, LLC_
- —
Wner Contact:
Matt Hendrickson
lailing Address:
3500 Cedar Greek Road Fayetteville, NC 28312 _
hone Number:
910-433-8285
ax Number:
910-433-8297
-mail address:
[e-mail]
acility In ainaon
�dlity Name:
_Clear Path Recyding, LLC
scdlity Physical Address:
3468 Cedar Creek Road Fayetttevlile� NC 28312
3dlity Contact:
Garx Slater _
'ailing Address:
3500 Cedar Creek Road _Fayett Ile�NC 28312 -
zone Number:
910-433-8375-
ix Number:
910-689-2113
mail address:
[e-mail]
^. 4
irmlt Contact:
Clear Path Recyciing, LLC
ailing Address:
_
3500 Cedar Creek Road_ Fayetteville,_ NC 28312
rone Number:
910-433-8375
ix Number:
910-433-8297
mail address:
Gary.Siater@dea in .00m
KmMng Stream:
Cape Fear River -
-
rears Class:
WS-N
isin:
Capq Fear River Basin
ib-Basin:
NA
amber of Outialls:
7
0o
A7M
Please describe below any changes to your facility or activities since issuance of your permit. Attached a
parate sheet if neoessary.
proved oil & lube storage by keeping in same location but placing material in shed with self oantained berm. Revisions to chemicals
rentory Include: Discontinued use of Citric Add and Potassium Hydroxide.
:erGfy that I am familiar with the info tion contained in the application and that to the best of my knowledge and belief
ch information is true a rate.
mature Date
�DgKg SOA) PA�T_ �^
Print or type name of person signing above Tide
application farm SW Individual Permit Coverage Renewal
Please return this completed app Stotmwater Permitting Program
And requested supplemental information to: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612

North Carolina Division of Energy, Mineral, and Land Resources - Stonnwater Permitting
Facility Name. Clear Path Recycling, LLC
Permit Number: NCS000534
Location Address; 3600 Cedar Creek Road Fayetteville, NC 28312
County: Cumberland
'I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were
developed and implemented under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the
information gathered is, to the best of my knowledge and belief, true, accurate and complete.'
And
'I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been
fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge
permit.'
And
'1 am aware that there are significant penalties for falsifying informations including the possibility of fines and
imprisonment for knowing violations.'
Sign (according to permit signatory requirements) and return this Certification. DO NOT
SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION.
0
Signature - ly
`—
zdr2& Ld i C-K so
Print or type name of person signing above
Date !04 ,,
Q-A� WAA4644C
ride
SPPP Certification 10/13

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CPR OUTFACES
DATE
mTSS I
BBOD
OIL
II mO�
T Nn � EN I
T PHOSPHORUS
TANK
INCHES
OUTFALLA
5/2812010
224
4.31
22.2
1.25
0.032
6.77
1
OUTFALLA
9/27/2010
17
5.2
70.6
1.27
0.099
6.96
3.23
OUTFALLA
2I7J2011
1.1
<2
<10
1.16
0.033
6.67
0.15
OUTFALLA
9120/2011
5.4
3.9
31
1.91
<.01
6.31
0.25
OUTFACE A
500 121
611
ill
1061
2.21
0.1591
6.651
0.9
OUTFALLA
9/1812012
49.21
<21
1281
1.91
02851
G.T71
0.6
OUTFACE A
1018120121
99.31
4.21
631
1.051
0.0771
5.331
1.25
OUTFACE A
4112120131
7.91
4.81
31
2-241
0.0661
6.41
0.25
OUTFALL A
1214120131
2.81
2.71
<301
1.511
<021
6,7111
0.19
OUTFALL A
S�EiFtQD
511412014
150
181
1801
3.721
0.2621
6.71
3.8
OUTFALL A
10114120141
461
1
6.41
0.9

CPR OUTFALLS DATE A TSS I SOD I COD m� I T NITRE ENI T PHOSPHORUS L7AN h i RAINFALL
OUTFALL 137
vamlol
127
5.71
76.2
l."I
0.1751
6.691
1
OUTFALL 81
S/2712010
34
c2 1
Bill
1.11
0,1211
7.291
333
OUTFALL B1
21212011
f
OUTFALL 81
sa=Oi 11
1121
1391
6281
9271.,
IASI
9.751
0.25
FOW
OUTFALL B7
I SOM121
70.71
c7
1"1
2.28
0.647
7.57
0.9
2
OUTFALL B1
7/2012012
142
6.0
T7.4
2.46
02A
6.72
0.5
OUTFALL B7
9118=12
298
2&0
331
1.88
0.685
7.06
0.6
OU]FAL'UBV T.'a ?
10MM12
61.3
4A
108
1.08
0.21
6.32
1.25
OUTFA.
LL'4B1V
12/2612012
53
3.7
53
1.61
02MI
7.1
0.85
OUTFALL B1
4/12120131
8511
26AJ
93.2
2-62
0.304
M6.651
0.25
OUTFALL B1
12M020131
71.21
6.31
44.4
0.8781
0.052TIM7.641
0.19
OUTFALL 81
5(14120141
7.31
10.11
1041
0.3
0.02
6.9
3.8
OUTFALL 81
10/1412014
<12.5
7.5
0.9
No flow from outfall

CPR OUTFACES
DATE
I TSS 11
m
SOD
m
COD 11
m
T NITROGEN
m
T PHOSPHORUS
m
Ph
TAND
RAINFALL
INCHES
OUTFALL B2
5/252010
35.5
28A
112
2.54
0.261
6.57
1
OUTFALL S2
WU12010
26.5
21
122
2.27
0.255
6.8
3.23
OUTFALL B2
212/2011
4.3
10.2
41.4
2.33
0.284
6.74
0.15
OUTFALL B2
9/20/2011
64.5
20
119
19.2
O462
7.38
0.25
OUTFALL 82
9118120121
1441
33.61
3031
2.421
0.6021
6.91
0.6
OUTFALM 2,W,4M
10/8/2012
52.21
7.21
851
0.9011
0.1741
6.651
125
OUTFALL S2
4/12/2013
65A
27.21
311
3.241
OA741
7.091
0.25
OUTFALL 62
Pi
12/4/2013
8.1
24.8
61.2
1.03
0.232
6.95
0.19
OUTFALL B2
S74/2014
96
2.9
502
5.211
6.21
6.91
3.8
OUTFALL B2
10114/2014
18.7
6.8
0.9

CPR OUTFACES DATE 11 TSS T NI
BOD COD TROGEN T PHOSPHORUS Ph RAINFALL
m m IL m IL m mglL I�STANDARl7 INCHES
.
'
--�--
--
[fill 01-10
[alit
-_--�
-�
[will_----
--
lallill-----
No flow from Outfall
No flow from outfall
No flow from outfall
No flow from outfall
No flow from outfall
No flow from outfW1
No flow from outfall

OTHEROBVIOUFLOATINGJOEROSIONOR
EPOSITION AT INDICATORS I
CPR OUTFALLS DATE COLQR ODOR SOLIDS 55 FOAM OIL SHEEN AT THE STORMWATER
OUTFALL I POLLUTION
OUTFALL A
5/2812010
Gray
None
Clou
No Yea
NO
No
No
None
OUTFALL 81
5128=10
Brown
Musky
Cloudy
No Yes
No
No
No
NOW
OUTFALL B2
S12B12010
Brvwn
M
No Yes
Yes
No
No
None
OUTFALL 83
8/2812010
OUTFALL C
512512010
OUTFALL D
Slzerzola
OUTFALL E
5128M O
Clear
None
clear
No Yes
No
No
No
H h H
OUTFALLA
9M171201a
G
M
clear
No
Yes
No
No
No
NONE
OUTFALL B1
91271201D
G
None
C
No
Yes
No
No
No
NONE
OUTFALL B2
9I17I2010
G
None
Clou
No
Yes
Yes
No
NO
NONE
OUTFALL B3
9127/2010
OUTFALL C
91271201D
OUTFALL D
9127/2010
OUTFALL E
9127=10
OUTFALL A
21=11
Light Green
none
clear
no
no
rw
no
no
None
OUTFALL B1
21212011
OUTFALL 82
2M212D11
Grey
none
Clear
no
no
no
no
no
None
OUTFALL B3
21212011
OUTFALL C
2ME W 14
OUTFALL D
2M wil
OUTFACE E
2W2014
OUTFALL A 9I201201!
tan
mus
Ckw
no
no
no
no
no
OUTFALL Bi
9120/2011
black
mus
rro
no
no
no
no
OUTFALL B2
9120/2011
G
suBur smell
Clou
no
no
no
no
7none
OUTFALL B3
9IAMI1
OUTFALL C
9I2012011
OUTFALL D
9MI2011
OUTFALL E
19MM111
OUTFALL A
51MM12gray
none
Cl
some
Yes
No
No
No
None
OUTFALL Bi
5/3012012gray
none
Clou
some
No
No
No
None
OUTFALL 82
8130/2012
none
some
No
No
No
None
OUTFALL B3
513012a12
OUTFALL C
SMM12
OUTFALL D
54012012
OUTFALL E
5130/2012
OUTFALLBi
17120M1211iglvttan
none
cloudy
1yes
Yes
no
no
no none
OUTFALL A
W1812012
tan
mus
CIO
no
yes
no
no
no
no
OUTFALL Bi
9/1812012
dark brown
mus
no
no
no
no
OUTFALL B2
9/18/2012
dark brown
mus
CIO
no
yes
yes
no
no
no
OUTFALL B3
OUTFALL C
OUTFALL D
OUTFALL E
OUTFALL A
1101812012
tan
mus
no
no
no
no
no
OUTFALL 81
10M=12
m dw
no
no
no
no
no
OUTFALL 82
10l812012
m
no
no
no
no
no
OUTFALL A
1214/2013
Grav
Musky clear
no
nol
no
no
no
no
OUTFALL 81
1214/2013
dark
none
clear
no
no
no
no
no
no
OUTFALL B2
1214/2013
none
clear
no
no
no
no
no
no
OUTFALL B3
OUTFALL C
OUTFALL D
OUTFALL E
OUTFALL A
5I1412a14
dark
none
nonal
some
some
no
no
no
no
OUTFALL 81
5114/2014
tan
none
cloudy
no
no
no
no
no
no
OUTFALL 82
5114120t4
Ii rd grey
urse
clear
no
no
no
no
no
no
OUTFALL B3
OUTFALL C
OUTFALL D
OUTFALL E

4.3.3 The following is a list of Best management Practices (BMPs)
evaluated.
Activity
Purpose
BMPs
Site Mana ement
Site Grading
Minimize Exposure
Repave area to direct flows
away from storage and waste
areas. No site grading is nec-
essary as of the effective date
f #tie SWPPP _ _
Waste and Liquids
Good Mainte-
Inspect to ensure integrity of
—`
nance
tanks, confainers, piping, an
valves. Install safeguards
against accidental releases.
Washwaters
Waste Minimiza-
Recycle and reuse or release
tion
to pretreatment system.
Employee Training
Waste Minimiza-
Train employees regularly on
tion
proper and environmentally
safe practices.
Materials Inventory
Good Manage-
Maintain proper inventories of
ment
vehicles processed, materials
stored, and wastes recycled or
disposed.
Storm Water
Treatment
Flow Dissipation
Remove Pollutants
Directs flow discharge over
coarse gravel or cobblestones
to facilitate settling out of par-
ticulates and sediment.
Vegetative Belts
Remove Pollutants
Direct flow discharge over
vegetative belts or biofilters to
enhance pollutant removal. All
outfalls along the east side of
the property discharge to a
vegetative sUn.

b
Detention Ponds
Remove Pollutants
Capture storm water runoff
from high activity areas. Skim
off surface oil and remove bot-
tom sediment. Reuse or
evaporate runoff water. There
are no detention ponds on the
CPR site.
Oil/Grit and
Remove Pollutants
Direct flows from high activity
OiYWater Separa-
areas through oil/water separa-
tors
tors. Off-line separators to by -
ass la e storms are pre er-
able. Maintain_ regularly. There
are ne t nor oillwater
separators on the CPR site.
Fiota-
Remove Pollutants
Store runoff flows, equalize,
ton/Coagulation
and provide flota-
tion/coagulation. High opera-
tion and maintenance costs.
Inappropriate if used only in-
termittently. This treatment
method is part of the site's pre-
treatment system for process
wastewater. Oil or chemical
spills in the building would be
directed to the pretreatment
system.
Industrial Sewer
Remove Pollutants
Pretreat as required.
Piping
Offsite

The following is a list of stormwater Best Management Practices (BMPs) that have been implemented to
eliminate contamination to stormwater.
• Silt fencing around dirt and concrete piles.
• Silt fencing surrounding B1 Outfall inlet drain.
• Road Sweeping program. Monthly.
• Rock Check Dam at BI Outfail inlet drain.
• Underground stormwater piping cleaned.
• Hired an employee whose responsibilities include performing stormwater housekeeping audits
and inspections. This includes cleaning around fence lines, stormwater inlet drains and outfalls.
• Fence netting installed on entire fence fine surrounding CPR stormwater outfalls.
• Installed drain filter guards on all inlet drains that feed CPR outfalls.
• Developed a monthly program for inspecting drain guards and rock check dams and replace
when needed.
• Roads were repaired surrounding outfall drainage areas to prevent sedimentation from entering
stormwater stream_
• Stormwater housekeeping inspections were changed from weekly to daily.
• Installed concrete containment area for waste compactors on bottle yard to prevent stormwater
Contamination.

�.Ev=rlv Eaves Pe,,due
MEMORANDUM
1N21 5
North Carolit13 Do�,parti1 eni of Environment nt and Iralut�l Rescur
Division o vviater Quality
Cole -en H. SullirS
Dire iCr
February 10, 2010
TO: Brian Lowther, Environmental Engineer
Stormwater Permitting Unit
DWQ Central Office
FROM: Michael Lawyer, Environmental Specialist
Surface Water Protection Section
Fayetteville Regional Office
THROUGH: Belinda S. Henson, Regional Supervisor��`'�
Surface Water Protection Section
Fayetteville Regional Office
SUBJECT: Clear Path Recycling-NCS000534 Individual Stormwater Perrnit
Dee h--fc 7 lG:t
Gt.�G_arti
Please find enclosed comments from the Fayetteville Regional Office regarding the subject application for
coverage under and Individual Stormwater Permit. If any further information is needed, please contact Michael
Lawyer at 910-433-3329.
Enclosure
cc: FRO -Surface Water Protection
It
:;Ic;Vinn: 2? ca een Slrr at. S;u!e 7 ; . Ray-Aasvdie, Nirrh C.arr)4na 28301 011:'
ti _
eh"Irc' ? iU•433•,300 i FAX; S10-'•8r3-)70i t �ustv:�lal �TViU: 1-a77-M-6,�* 1 7� � v n1 t� ±�.i�; 0.111 "D
Ir,,Crr1C is 4h4'L1'.I1L1'+�(�PC Unll^J.Oiq 'h4 1l
�• Enl:, C:.'1.^.r' illiij .�:`il'T.2.i".: �.f�l'"' >_^�'��ti�, y, 5' f F !/7 li
E

NCS000534
Recommendations: l3ased on the documents reviewed, the application information submitted on September 11,
21009 sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) Date 2 6-0 _
Stormwater Permitting Unit Supervisor U� Date S f o
for adley Bennett
Concurrence by Regional Offic Date
RO Water Quality Supervisor Date
Regional Office Staff Comments (attach additional pages as necessary)
-Previous comments provided via e-mail to Ken Pickle concerning inappropriate applicability of
general permit coverage addressed with application for coverage under an Individual Stormwater
Permit
-Analytical monitoring parameters appear to be appropriate for facility based on description of
industrial activity and concerns regarding the nature of the "raw" materials and storage of acidic and
caustic compounds
-One item that does not appear to have been addressed in the draft permit is the schedule for
analytical monitoring based on the facility's approved request to begin storage of "raw"
materials prior to operation, see attached copies of e-mail correspondence between Mike Lawyer
and Ken Pickle
-_Nilonitoring of stormwater outfalls under the responsibility of Clear Path Recycling vs. DAK
Americas should be addressed between the two companies and applicable outfall identification is
recommended to avoid duplication or neglect of required monitoring
-FRO recommends proceeding with permit issuance with consideration of the aforementioned
monitoring schedule change
Page 7 of 7

Lawyer, Mike
From: Pickle, Ken
Sent: Wednesday, November 18, 2009 9:39 AM
To: [e-mail]
Cc: Lawyer, Mike; Georgoulias, Bethany; [e-mail]; Jones, Jennifer; Bennett,
Bradley
Subject. Clear Path PET recycling facility
Elizabeth,
In response to questions from you and Mark, I've reviewed the reported circumstances with the Fayetteville Regional
Office. We're ok with the following course of action.
• You reported that you would like to begin accumulating feedstock inventory within the next two weeks and in
advance of actually operating the recycling process, and you requested our perspective on whether a
stormwater discharge permit would be required for that activity. DWQ concludes that you do not need an
NPDES stormwater discharge permit for that activity.
• You reported that the recycling operation is scheduled to begin production in April 2010- I'm confident we will
have your stormwater permit issued on or before that time, and that we will not be the cause of a delay beyond
April 2010.
it's likely we will include an earlier than usual sampling requirement for just_tkeJirst period oI the permit. 1
,mean, typically our individual permit template includes the requirement for a sampling result within the first 6
months after permit issuance, and every 6 months thereafter. The Fayetteville Regional Office has commented
that what appears to be the most significant potential source of stormwater pollution (the large area of exposed
storage of PET bottles) will be in place for as much as 5 months (Dec 2009 — April 2010) prior to operation, and
that it may be helpful to have the first sampling event within the first two or three months after permit issuance.
Please contact me if we need to discuss further this or related topics.
Thanks,
Ken Pickle
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be
disclosed to third parties.

Lawyer, Mike
From: Lawyer, Mike -
Sent: Monday, November 16, 2009 3:05 PM
To: Pickle, Ken
Cc: Bennett, Bradley: Henson, Belinda; Georgoulias, Bethany
Subject: RE: Clear Path Recycling (DAK Americas site)
Sounds good Ken.
Thanks,
Mike
mi ke.lawyer(Pncdenr.gov
From: Pickle, Ken
Sent: Monday, November 16, 2009 2:56 PM
To: Lawyer, Mike
Cc: Bennett, Bradley; Henson, Belinda; Georgoulias, Bethany
Subject: RE: Clear Path Recycling (DAK Americas site)
it c pe!r'iit tt requir- LIT first :an TPI- ir$i=':ill(-!f?r f' :. ✓ ,.'
41
From: Lawyer, Mike
Sent: Monday, November 16, 2009 1:51 PM
To: Pickle, Ken
Cc: Bennett, Bradley; Henson, Belinda '
Subject: RE: Clear Path Recycling (DAK Americas site)
Ken,
First, let me say thank you for including me (and the FRO) in your decision -making and thought processes. 1 think I'm
good with your proposal. My only concern (and it sounds like yours as well) would be the runoff quality from the bales
of plastic between now and time of permit coverage and not having any monitoring being conducted. However, with
semi-annual sampling,which I'm assuming will be the frequency in this permit, we allow for a 6 month window of time
to conduct monitoring and its basically 6 months between now and April 2010, so maybe not such a concern. On the flip

side, once permit coverage is issued, there could be another 6 months before the first sampling event. Is there any way
we could ad'ust the first samplin_g period to somehow reflect the preceding months between material storage and actual
operations? Or, require them to conduct monitoring even prior to permit coverage? If we're not monitoring them and
they are not monitoring themselves during this interim period, how would we know if they are causing any water quality
impacts?
Thanks,
Mike
mike. lawyerPncdenr.gov
From: Pickle, Ken
Sent: Monday, November 16, 2009 12:44 PM
To: Lawyer, Mike
Cc: Bennett, Bradley
Subject: Clear Path Recycling (DAK Americas site)
Mike,
I have the Clear Path recycling application on my desk that we talked about a few months ago. I've not made timely
progress on it. I hear from the applicant's contact person, Elizabeth Wilke at DAK, that they would like to begin
accumulating materials on the big slab out there in a couple of weeks. Construction of the facility is either not
underway, or just beginning.
Elizabeth tells me that they will not -be ready to operate until April 2010. I'll have no trouble issuing their individual NCS
stormwater permit by then. She, however, is concerned about the receipt of bales of plastic bottles prior to that time
(in the next couple of weeks.)
I have told Elizabeth that I'm of the opinion that I should send her an email advising her that the simple collection only of
inventory does not constitute, yet, an industrial activity that requires a stormwater permit. However, I want to check
with you first, since it's in your region, and since this is a sort of out -of -the -box situation.
My proposal: I send Elizabeth an email noting that she can go ahead and collect her feedstock on the big slab out there,
and that a stormwater permit is not required for that activity; conditional upon no substantive complaint or finding of
water quality impacts (I'm not suggesting that we should mount a sampling event at her site.) Essentially, until she
begins making a product, my call is that she is not a manufacturing activity, and doesn't need a permit. I'll have her full
NCS permit on or before April 2010. What I don't want to happen is for my tardiness to turn into a delay in this early
part of their new endeavor.
How does that work for you and FRO? Other perspectives?

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 12, 2010
Ms. Elizabeth Wike
Clear Path Recycling, LLC
PO Box 2260
Leland, North Carolina 28451
Subject: Draft NPDES Stormwater Permit
Permit No. NCS000534
Clear Path Recycling
Cumberland County
Dear Ms. Wike:
Dee Freeman
Secretary
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
Monitoring of the stormwater outfalls under the responsibility of Clear Path Recycling vs. DAK Americas
should be addressed between the two companies and applicable outfall identification is recommended to
avoid duplication or neglect of required monitoring.
The draft permit's analytical monitoring includes:
1. Analytical monitoring parameters, Chemical Oxygen Demand (COD), Biological Oxygen Demand, BODY,
Total Suspended Solids (TSS), Oil&Grease, Total Nitrogen, Total Phosphorus, and pH, have been added
to this permit.
2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in
Part II Section B. The first sample period has been set shorter in order to get a sample as soon as possible
to access the stormwater from the stored PET bottle. The permittee must also document the total
precipitation for each event. If no discharge occurs during the sampling period, the permittee must
submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling
period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2.
3. Benchmarks for analytical monitoring have been included with this draft permit. Exceedances of
benchmark values require the permittee to increase monitoring, increase management actions, increase
record keeping, and /or install stormwater Best Management Practices (BMPs) in a tiered program. If the
sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within
two weeks and implementation of a mitigation plan within two months. If during the term of this permit,
the sampling results are above the benchmark values, or outside of the benchmark range, for any specific
parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the
Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute
monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark
value for two consecutive samples.
4. You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of
representative outfall status.
Wetlands and stormwater Branch One�i, l 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOt U 1Caxolina
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 91 H07-63001 FAX: [phone] Customer Service: 1-877-623.6748 NR`tmal`%/
Internet: www.ncwatergLiality.org �/
An Equal opportunity 1 Affirmative Action Employer

Ms. Elizabeth Wike
Clear Path Recycling
Permit No. NCS000534
5. Vehicle maintenance monitoring has been set to semi-annually in order to coincide with analytical and
qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only
applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the .
permitted timeframe then the requirements shall apply.
Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are.
received from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at [phone] or
[e-mail]
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
cc: Fayetteville Regional Office
' oirmwater Perrnittmg: nit
Attachments: Draft Permit
0a

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`CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Caeen H. Sullins Dee Freeman
Governor Direnor Seuetary
February 5, 2010
Individual NPDES_Stormwater Permit Renewal Transmittal Cover Page
t�----.�� ---
To: pFayettejIII Rsgignal OffIc4i MFAiWLawyerL3
Subject: NPDES Stormwater Permit No. NCS000534
Clear Path Recycling
Fayetteville, hl (Cumberland County)
Attachment Descri tip on
Staff Report
Draft Permit _
Renewal Application
Please provide comments on the facility, draft permit, and staff report and signlreturn
If acceptable.
Return to Brian Lowther at the Central Office by March 5, 2010.
Brian Lowther
Division of Vdater Quality
Stormwater Permitting Unit
1617 1 Service Center
Raleigh, NC 27699-1617
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PROCESS/MINE DEWATERING WASTEWATER DISCHARGE MONITORING REPORT (DMR)
Please Mail Original and One Copy to Mailing Address Below
GENERAL PERMIT NO. NCG020000
Part A: Facility Information
Samples Collected in Quarter:
Certificate of Coverage No.
Facility Name
Facility Contact
Facility Contact Phone No.
1 2 4 (all samples shall be reported within 30 days following monitoring period)
rci *m )
NCG020058
PERSON QUARRY
B1LL PODRAZIK
[phone]
Part B: Process Wastewater and Mine Wastewater Monitoring Requirements
County of Facility
Name of Laboratory
Lab Certification #
PERSON
PACE ANALYTICAL
12
M
O-utfal
ber
ivi g Slx ame
ate
Sample �ollecte
1111111150050M
ally to t
K00.4.00
W=900530�
otal Suspended S,.li
00007610
urbidity
40545
Settl b1c Solids
mol�dl�
WMCD
m
I�TrT`s'�
mlli
001
UT of Flat River
(Not in Operation)
1 Measured continuously using a flow measuring device or estimated using manufacturer's pump curves and pump fogs.
Part C. 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 a e significant penaltIes for submitting false information,
including the possibility of fines and imprisonment for knowing violation." / /1 ,
10/22/09
( i natu of l ) (Date)
Part D; Mailing Address
Attn: Central Files, DENR, N.C. Division of Water Quality, 1617 Mail Service Center, Raleigh, N.C. 27699-1617
SWU-244-012005

NCS000534
a WI
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
SIC Code:
Receiving Streams:
River Basin:
Stream Classification:
Proposed Permit Requirements:
Monitoring Data:
Response Requested by (Date):
Central Office Staff Contact:
Special Issues:
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Clear Path Recycling.
NCSDOO534
3468 Cedar Creek Road, Fayetteville, NC (Cumberland County)
Plastic Recycling (PIET)
5162
See Figure 1
Cape Fear River Basin, Sub -basin 03-06-15
WS-IV; CA
See attached draft permit.
See Table 1
Return to: Brian Lowther, [phone]
Issue
Rating Scale: 1 eas to 10 and
Compliance history
5
Benchmark exceedanee
2
Location (TMDL, T&E
6
species, etc
Other Challenges:
8
• Reviewing their
process and the
whole facility
Difficulty Rating:
21/40
Description of Onsite Activities:
• Largest PET (Polyethylene terephthalate) recycling facility in the world. Clear Path Recycling is a
newly formed corporation that has obtained 53 acres which was formerly part of DAK Americas 172 acre
tract located in Fayetteville, NC. DAK America has a permit for the SW outfalls on their site, NCS000389_
Clear Path plans to recycle over 280 million pounds annually of PET bottles, or about 5 billion bottles. The
first phase of the new facility will process 160 million pounds of PET bottles and will be operational in the
first quarter of 2010. A second phase, planned for completion in 2011, will bring the operation to capacity at
280 trillion pounds, making Clear Path Recycling, LLC the largest PET recycling operation in North
America.
Page 1 of 7

NCS000534
• Clear Path Recycling, LLC is a joint venture between Shaw Industries Group, Inc and DAK Americas,
LLC. The company was created to recycle post -consumer PET bottles to produce Recycled PET (RPET)
Flake. (http://www,cicarpathrecycling.coin/about-us.html)
• The plant will recycle post consumer PET bottles coming from municipal collection, landfill sorting,
curb -side collection or deposit systems. Wash line recycling technology is used to allow highly
contaminated bottles to be recycled. The plant will be designed to run continuously 24124 h, 7 days a week.
The output flake capacity will be 5000 Kg/lu of clear flake and 2500 Kg/hr of green flake and will use two
wash lines to achieve this output.
• Clear Path Recycling plans to construct a recycle bottle facility inside two existing buildings. Bottle
storage will be outside on existing impervious areas. Process wastewater from the recycle bottle operation
will be treated in a new pretreatment system prior to treatment further in DAK's biological wastewater
treatment plant permitted under NC0003719.
Documents Reviewed:
• NPDES Stormwater Permit Application Materials
+ National Heritage Program (NHP) Threatened and Endangered Species Database
• SPU File
• Central Files
• EPA Sector -Specific Permit, 2008
• 303(d) List, 2008 draft, 2006 final
• 2005 Cape Fear Basinwide Plan
History:
• August 10, 2009: Request to transfer outfalls from DAK to Clear Path.
• Application returned. Missing application fee and asking for a transfer of outfalls. Ken Pickel rejected the
request to transfers outfalls because DAK is a different company and they operate a different industrial
activity.
• September 11, 2009: Additional information was submitted to complete the application.
Page 2of7

NCS000534
Figure I: Map of Facility
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NCS000534 Clear Path Recycling LLC
Clear Path Recycling
�a
f Latitude: 34D 58' 58" N
W �: Longitude: 78145' 39" W
Canty: Currbedand
ti Receiving Stream: Cape Fear River
Stream Bass: WS-IV; CA
N49 Scale 1:24,000 Sub-basn: 03-06-15 (Cape Fear River i3a�n) Facility Location
Page 3 of 7

Central Office Review Summary:
1. Owner's Other Permits: None for Clear Path but the wastewater is under DAK America's wastewater permit
NCO003719
2. General Observations:
• The old facility (Monsanto) used to manufacture Round -Up (Giyphosate).
• Three companies located within the expansive property.
• Site conditions are such that DAK and Clear Path share one SW outfall (#001). DAK has
representative outfall status for their single #001 outfall. Clear Path has numerous others.
• The bottles are post consumer and maybe highly contaminated bottles. The application indicates the
potential contamination from PET bottles are minimal. However, another part of the application indicated
the recycling process can allow highly contaminated bottles.
• An NCG 13 was considered for the site but based on the known and unknown nature of their post -
consumer "raw" materials the region recommended an NSC pen -nit.
• Chemicals and Materials used:
o NaOH (50°/a) — 127,000 lbs, stored in concrete containment area west of the building
o Sulfuric Acid (94%) — 102,000 lbs, stored in concrete containment area west of the building
o Detergent (2% Caustic) — 72,000 Ibs, stored inside building
o Defoamer — ANS TH — 20,000 Ibs, stored inside building
o Wetting Agent — Master S4 — 4,000 Ibs, stored inside building
o Flocculant—12,000 lbs, stored inside building
o PET Flake — 1,000 tons stored in Silos
o PET Bales — 25,000 stored outside on concrete or asphalt
• The area of the Cedar Creek site covered by this application is an active eligible project in the NC
Bro,wmfield Program. DAK has been working with the state to finalize a brownfields agreement. The
previous industrial landowners have left the site with some levels of contamination that are above the current
NC standards. The brownfields agreement will allow DAK and Clear Path to operate the site with this
contamination in place while taking the protective measures listed in the agreement.
• Approximately 75% of the RPET Flake produced by CPR will be used by Shaw & DAK Americas in
their respective products as follows:
o Shaw Industries - will utilize RPET flake in its polyester based carpet products
o DAK Americas - will utilize RPET flake in its PET Resins and Polyester Staple Fiber products
The remaining 25% of the RPET flake produced by CPR will be available for merchant sales.
From http://wvwv.cleAMathrecycling.conVfacilities.html
Page 4 of 7

NCS000534
3. Impairment: The 2006 303(d) includes the Cape Fear River 18-(26)c (from Grays Creek to Lock and Dam 3) for
a Chlorophyll a violation and 18-(26)d (from Lock to Dam 3 to NC41) for a Mercury Fish Advisory. Basinwide
Plan indicates the Cape Fear River 18-(26)b (from Peares Mill Creek to Grays Creek) has turbidity and fecal
coiiform as stressors.
4. Threatened and Endangered: Based on the Natural Heritage Virtual Workroom there are no federal protected
species within two miles of the facility.
5. Location. Seven outfalls flow to the Cape Fear River:
• A — 34 59' 02", -78' 46' 40" — Stormwater from parking lot and bottle storage areas where the
Monsanto facility formerly stood. Outfall discharges onto a vegetated strip prior to entering the
waterway.
• Bi -- 34 58' 58", -7946' 39" - Stormwater from parking lot and bottle storage areas. Outfall
discharges onto a vegetated strip prior to entering the waterway.
• B2 — 34 58' 56", -78 46' 38" - Stormwater from parking tot and bottle storage areas. Outfall discharges
onto a vegetated strip prior to entering the waterway.
• B3 -- 34 58' 55", -78" 46' 38" - Stormwater from parking lot and bottle storage areas. Outfah discharges
onto a vegetated strip prior to entering the waterway.
• C — 34 58' 54", -78' 46' 39" — Stormwater from the railroad spurs used to transport materials.. No
unloading activities occur in this area. Sheet flow only through a vegetated strip.
• D — 34 58' 54", -78' 46' 42" - Stormwater from the railroad spurs used to transport materials. No
unloading activities occur in this area. Sheet flow only through a vegetated strip.
• E — 34 58' 49", -7946' 42" — No industrial activity in this area. Area drains a small paved area.
6. Analytical Monitoring Notes: No industrial activity has occurred in these areas within the last three years.
The SIC code provided by the permittee of 5162 for Plastics materials and basic forms and shapes is not covered
in the EPA 2008 Multi Sector -Specific Permit.
The primary SW pollutants were added to the permit: COD, BOD, TSS, Oil&Grease, Total Nitrogen, Total
Phosphorus, and pH. These are of concern on the site with post consumer bottles being stored outside. Total
Nitrogen and Total Phosphorus were included because of the concern on contaminates left from the old facility
(Monsanto) as well as from pollutants in the stored bales of PET bottles, pH was added to the permit because it
is standard practice for individual permits and because of the NaOH and Sulfuric acid stored on the facility.
7. Qualitative Monitoring Notes: No visual monitoring reported.
Page 5 of 7

NCS000534
Revised Permit Recommendations: Analytical Monitoring:
1, COD, BOD, TSS, Oil&Grease, Total Nitrogen, Total Phosphorus, and pH have been added to the analytical
monitoring requirements. See rational above.
2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part H
Section B. The permittee must also document the total precipitation for each event. If no discharge occurs
during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days
of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart,
as specified in Table 2.
3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a
benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall
follow the Tier l guidelines which require a facility inspection within two weeks and implementation of a
mitigation plan within two months. If during the term of this permit, the sampling results are above the
benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall
two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of
the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall
where a sampling result exceeded the benchmark value for two consecutive samples.
4. The pennittee is required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative
outfall status.
5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4,
and 5.
6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in
this permit, however.)
7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and
qualitative monitoring.
Other Proposed Changes to the Previous Permit;
l . Additional guidance is provided about the Site Plan requirements. The site map must now identify if the
receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each
outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant
spills that have occurred in the past three years and also must certify that the outfalls have been inspected to
ensure that they do not contain non-stormwater discharges. Additional information is provided in Part 11 Section
A.
2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More
details regarding secondary containment are provided.
3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A.
The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not
contain non-stormwater discharges.
4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater
management controls as specified in Part II Section A.
5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and
activities are not exposed to precipitation or runoff as described in 40 CPR § i 22.26(g), the facility may qualify
for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information
is provided in Part i Section A.
Permittee Contact: Elizabeth Wike. (910) 5124333
Page 6 of 7

June 23,2014
North Carolina' Department of Environment and Natural Resources
Freedom of information Officer
1601 Mail Service Center
Raleigh, NC 27699-1601
Fax:[phone]
Re: FOIA Request
Dear Sir/Madam:
URS is currently conducting an environmental assessment of the following facility:
Facility Name
Clear Path Recycling, LLC
Public
Kenneth Prevette
and Address:
3500 Cedar Creek Rd
Contact:
Fayetteville, NC 28312
EPA ID No.:
NCR000148452
Telephone:
336-349-5300
SIC Code: 3097, CUSTOM COMPOUNDING OF
Parent
PURCHASED PLASTICS RESINS
Company:
As part of the assessment, I am requesting, under the Freedom of Information Act, information from
your records regarding environmental citations and/or violations that have been assessed against the
subject property. I am particularly interested in compliance issues, environmental notices and
violations, water quality degradation, chemical or petroleum spills, leaking underground storage tanks
and/or transformers, or dumping of any kind that may impact the environment on the subject
property in last five years.
Please let me know if there would be any fee associated in obtaining this information from your
agency. We would appreciate a response within 20 days of receipt of this letter.
If you need any additional information, please do not hesitate to call. Please forward any information
you may have on these a properties to me at the letterhead address or you may contact me by phone at
[phone], email [e-mail], or by facsimile at [phone].
Sincerely,
URS Corporation
Brad Burford
Environmental Scientist
URS Corporation
12420 Milestone Center Drive,
Suite 150
Germantown, MD 20876
Direct line: 301.820.3488
Main Office: 301.820.3000
Fax: [phone]
www.urscorp.00m

NCS000534
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
ONAL POLLUTANT DISCHARGE ELIMINATION
�X
In compliance with the provisions of North Carolina{General Stafite'143-215.1, other lawful
standards and regulations promulgated and adopted b�ytie,North Carolina Environmental
Management Commission, and the Federal Water Pollution ntrol Act, as amended,
Clear Path R c ding, LLC
is hereby authoridi are stormwater from a facility located at
"-16r Path Recycling
i&" Cedar Creek Road
Fayetteville, NC
Cumberland County
to receiving waters designated as the Cape Fear River, a class WS-IV; CA stream in the Cape
Fear River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts 1,11, I11, IV, V and VI hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective May 1, 2010.
This permit and the authorization to discharge shall expire at midnight on April 30, 2015.
Signed this day April 2, 2010.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCS000534
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING, CONTROLS, AND LIh
DISCHARGES
Section A: Stormwater Pollution Prevention, Polar,
Section B. Analytical Monitoring Requirements
d
Section C: Qualitative Monitoring Requir`i�ents
Section D: On -Site Vehicle Maintenance.Monito.
1) ` �� `': Z
[TA
PERMITTED
Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
�' µ
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
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: GeneraI Conditions
1.
Individual Permit Expiration
2.
Transfers
3.
Signatory Requirements
1

Permit No. NCS000534
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: Monitor
1.
2.
3.
4.
5.
6.
7.
Section E:
Reporting Requiremeiits -
1.
Discharge Man toring Repor
2.
Su bAtting:Reports
3.
Aw atility of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii

Pennit No. NCS000534
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.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing:to obtain a No Exposure
Certification must submit a No Exposure CertificationNOl-form to the.Division; must receive
approval by the Division; must maintain no exposure conditions. unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the -No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVIT
Until this permit expires or is modified`ofievoked; the permittee is authorized to discharge
stormwater to the surface waters 'of No Carolina or separate storm sewer system that has been
>_:N.
adequately treated and managed.in-accordance with the terms and conditions of this individual
permit. All stormwater discharges shall4l in accordance with the conditions of this permit.
�l
Any other point source disclarge,surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part 1 Page 1 of 2

SECTION C: LOCATION MAP
Permit No. NCS000534
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NCS000534
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Clear Path Recycling LLC
Clear Path Recycling
Latitude: 340 58' S8" N
Longitude: 70146' 39" W
County: Currberiard
Receiving Stream: Cape Fear River
Stream Class: WS-IV; CA
Sub -basin: 03-O6-15 (Cape Fear River Liss n )
Facility Location
Part I Page 2 of 2
NCS000534
to
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- mil a g
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Clear Path Recycling LLC
Clear Path Recycling
Latitude: 340 58' S8" N
Longitude: 70146' 39" W
County: Currberiard
Receiving Stream: Cape Fear River
Stream Class: WS-IV; CA
Sub -basin: 03-O6-15 (Cape Fear River Liss n )
Facility Location
Part I Page 2 of 2

Permit No. NCS000534
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 III, Standard
Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain thecfollowing:
(a)
A general location map (USGS qt
equivalent map), showing the faci
and surface waters, the name of th6rcceiving-water(s) to which the stormwater
schargeds to a municipal separate storm sewer
ality and the ultimate receiving waters, and
f Ehe point(s) of discharge. The general location
p)-shall identify whether each receiving water is
outfall(s) discharges, or if the di.
system, the name of the municip
accurate latitude and lon66de o
map (or alternativelythe•iite�rr
impaired (on the sta&' ,303(d
watershed for whirl aFTMDI
of concern are. WV
or appropriately drafted
.n relation to transportation routes
list of impaired waters) or is located in a
has been established, and what the parameter(s)
(b) A narrative &sc�ription of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (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
Part II Page I of 10

Permit No. NCS000534
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
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, materiallhandling operations, and
manufacturing or fueling operations. Idareas;whe�e elimination of exposure is
not practical, the stormwater management plan hall -document the feasibility of
diverting the stormwater runoff away from:areas of potential contamination.
(b) Secondary Containment Requiremerifsand Records. Secondary containment is
required for: bulk storage of liquili materials; storage in any amount of Section
313 of Title III of the Superf idd Amendments and Reauthorization Act (SARA)
water priority chemicals; and"Istorage,in any amount of hazardous substances, in
order to prevent leaks and spills rfroin contaminating stormwater runoff. A table
or summary of alfsuch,tafiks,and stored materials and their associated secondary
containment areas.shall be•maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or other similar devices (which shall be secured
closed with alocking:mechanism), and any stormwater that accumulates in the
containment area -shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual 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 listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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 the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
Part II Page 2 of 10

Pemiit No. NCS000534
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may 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 and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas loading and unloading areas, and
haul roads), all drainage features and structures; and'ekisting structural BMPs. The
program shall establish schedules of inspections, mainfepia' cka/nd housekeeping
r � K -�
activities of stormwater control systems, as well. as facility,equipment, facility areas, and
t,..-
facility systems that present a potential for stormwater exposure or stormwater pollution.
E _ :_N
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely- coiiipliance with the established schedules for
inspections, maintenance, and housekeeping shall"be recorded in writing and maintained
in the SPPP. /
I
5, Employee Training. Training'pragratns.shall be developed and training provided at a
minimum on an annual basis�ft r: facility personnel with responsibilities for: spill response
and cleanup, preventative maintei`nabce activities, and for any of the facility's operations
that have the potentialto contaminate stormwater runoff. Facility personnel (or team)
responsible for implement_ing,tthe training shall be identified, and their annual training
shall be documented by-tfie signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components 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
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
Part H Page 3 of 10

Permit No. NCS000534
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 111, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part 11 B and C of this permit.
9. Implementation. The permittee shall implement'the Plan:. Implementation of the Plan
shall include documentation of all monitoring meas ements, inspections, maintenance
activities and training provided to employees'M eluding the of the sampling data and
of actions taken to implement BMPs ass ociat`vuitli`the industrial activities, including
vehicle maintenance activities. Such d©cum ntat of shall be kept on -site for a period of
five years and made available to the Direct or theMirector's authorized representative
immediately upon request. / fi
Part I1 Page 4 of 10

Permit No. NCS000534
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the terra of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
Jr
Table 1. Analytical Monitoring Requirements
Discharge;
_- =
"Measurement Frequencyt;
', Sample
Sample
Characteristics
Units.
Type2
: Location-
Total Suspended Solids
m L
� m;- l
Grab
SDO
Biochemical Ox en Demand
mg/L
sei-itual
,� r._
Grab
SDO
Chemical Oxygen Demand
mg/L
`'� A semi-annual
Grab
SDO
Total Nitro en_
rn L;'
''semi-annual
Grab
SDO
Total Phosphorus
'
semi-annual
Grab
SDO
H ,�
, i
standaa rds
> semi-annual
Grab
SDO
Total Rainfa114 A
inche
semi-annual
ain Gam e
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part lI Page 5 of 10

Permit No. NCS000534
Table 2. Monitoring Schedule
g, p
Monttorin " ertod _
Sam le wNumberr
p
; . W °; Start
nd .t
E
Year 1 — Period 1
1
May 1, 2010
October 31, 2010
Year I — Period 2
2
November 1, 2010
April 30, 2011
Year 2 — Period 1
3
May 1, 2011
October 31, 2011
Year 2 — Period 2
4
November 1, 2011
April 30, 2012
Year 3 — Period 1
5
May 1, 2012
October 31, 2012
Year 3 — Period 2
6
November 1, 2012
April 30, 2013
Year 4 — Period 1
7
May 1, 2013
October 31, 2013
Year 4 — Period 2
S
November 1, 2013
April 30, 2014
Year 5 — Period 1
9
May 1, 201,4:�
October 31, 2014
Year 5 — Period 2
10
November;!; 2014
April 30, 2015
Footnotes: fl /,//
1 Maintain semi-annual monitoring during permit renewal process. If at,thele'xpiration of the Individual
Permit, the permittee has submitted an application for renewal.of coverage before the submittal deadline,
the permittee will be considered for renewed coverage. The -applicant must continue semi-annual
monitoring until the renewed permit is issued. ' =
2 If no discharge occurs during the sampling period, the perinittee must submit a monitoring report indicating
"No Flov/' within 30 days of the end of the sixfmoath sampling period.
The permittee shall report the analytical results from each sample within the monitoring period. The
permittee shall compare monitoring.re tilts to,the benchmark values in Table 3. The benchmark
values in Table 3 are not permit'limits�biX' hould be used as guidelines for the permittee's
el ty Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge Characteristics
Units ..
Benchmark
Total Suspended Solids
mg/L
100
Biochemical Oxygen Demand
mg/L
30
Chemical Oxygen Demand
mg/L
120
Total Nitrogen
mg/L
30
Total Phosphorus
mg/L
2
pH
standard
6-9
Part 11 Page 6 of 10

Permit No. NCS000534
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The pertnittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stornf ater.Pollution Prevention Plan. Include
the date and value of the benchmark exceedence, the inspection 6te, the personnel conducting the
inspection, the selected actions, and the date the selected,actions were implemented.
= Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods
are above the benchmark values, or outside of! the bye cnark range, for any specific parameter at a
Then: The permittee shall:
1. Repeat all the required actions outladd.above in Tier One.
.V
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value fortwo consecutive samples. Monthly (analytical and qualitative)
0J?t,
monitoring shall continue,Lunttl three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the perm-duee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific
outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within
30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part II Page 7 of 10

Permit No. NCS000534
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 in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
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
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements> �//( 7
Discharge Characteristics ,t
frequency.1
Monitoring'•
Location2
Color
semi-annual
"-,SDO
Odor
semi-ati.66i1,-�,
SDO
Claritysemi=Jannual
SDO
Floating Solids
,semi-ari iW
SDO
Suspended Solids
`: semi-annual
SDO
Foam
1-1semi-annual
SDO
Oil Sheen
),semi-annual
SDO
Erosion or deposition at the ou1Wl/
semi-annual
SDO
Other obvious indicators `'- '�
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Measurement Frequency_ Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded_ If at the end of this perrnitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 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 S. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
Part II Page 8 of 10

Permit No. NCS000534
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
''Units
Measurement
Sample
Sample
:.
Frequency'
2 ;
T ` er
Location 3 ,
H
standard
semi-annual
Grab
SDO
TPH
mg/1
semi-annual
Grab
SDO
EPA Method 1664 (SGT-HEM
Total Suspended Solids
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauEe
New Motor Oil Usagegallons/month
seen an<i
Estimate
-
Footnotes:
I Measurement Frequency: Twice per year during a repress
permit is issued for this facility or until this permit is revo
the permittee has submitted the appropriate paperwo1k`foi
permittee will be considered for a renewal application. Tl
the renewed permit is issued. See Table 2 for schedule of
cycle. ff f
r /''�:.
2 If the stormwater runoff is contro
pond shall be collected within the
3 Sample Location: Samples shallbe col
stormwater runoff from areas){where v
4 For each sampled representative
gauge reading must be recorded.
m event, for each year until either another
tided. If at the end of this permitting cycle
)ermit before the submittal deadline, the
must continue semi-annual monitoring until
periods through the end of this permitting
:r detention pond a grab sample of the discharge from the
'discharge from the pond.
at each stormwater discharge outfall (SDO) that discharges
maintenance activities occur.
event the total precipitation must be recorded. An on -site or local rain
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). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part ll Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
[Ji�its `,
"Benchmark
pH
standard
6-9
TPH
mg/l,
15
[EPA Method 1664 (SGT-HEM)]
Total Suspended Solids
mg/L
100
Part 11 Page 9 of 10

Permit No. NCS000534
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permtittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: 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 II,
Section A, Paragraph 2(b) of this permit, shall be accomplishedthint2 months of the effective date of
the initial permit issuance. - ,�� ,
New Facilities applying for coverage for the first time and eifting f� ilities'previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary contaitirnent` a�specified in Part II, Section A, Paragraph
2(b) of this permit shall be accomplished prior to.die beginrrrrig•of discharges from the operation of the
industrial activity.
2. Duty to Comply
,ell'.`<z
The perrnittee must comply with' all'conditions,of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water 'Act. ald
Act.and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply i�ith standards or prohibitions established under section 307(a) of the
Clean Water Act for. to�c pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 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 S 10,000 per violation with the maximum
amount not to exceed $125,000. [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 ten thousand dollars ($10,000) 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: NC 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
1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1
penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed
Part III Page 1 of 8

Permit No. NCS000534
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
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.
Civil and Criminal Liability
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 cffective compliance may be
temporarily suspended. �r n
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to•preclude the institution of any legal action or relieve
,rr � \ {
the permittee from any responsibilities, liabilities, orpenalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the;F�`ederal%Act, 33 USC 1321.
6. Property Rights
The issuance of this individual -permit does not,convey any property rights in either real or personal
property, or any exclusive privileges; nor doesitt authorize any injury to private property or any invasion of
personal rights, nor any infi gemenf&Federal, State or local laws or regulations.
7. Severability
The provisions of this individtal permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual 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.
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.
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
Part III Page 2 of 8

Permit No. NCS000534
10. Penalties for Falsification of Reports
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
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 B: GENERAL CONDITIONS
Individual Permit Exyiration
The permittee is not authorized to discharge after the expiration date -fin order to receive automatic
authorization to discharge beyond the expiration date, the perrnitiee sliall submit forms and fees as are
required by the agency authorized to issue permits no lat6-than--180days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested `reene al at least-1'80 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 1'43-2 i 53.6 and 33 USC 1251 et. seq.
v :_ \
2. Transfers
This permit is not transferable to any
Director may require modification or
incorporate such other requirements,
required to notify the Divtsiontin m
Signatory Requirements
All applications, reports,
a. All applications
.prt'afte`notice to and approval by the Director. The
and,reissuance of the permit to change the name and
=ssary under the Clean Water Act. The Permittee is
e event the permitted facility is sold or closed.
submitted to the Director shall be signed and certified.
under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity; by a principal executive officer,
ranking elected official, or other duly authorized employee.
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
Part III Page 3 of 8

Permit No. NCS000534
4.
responsibility, or an individual or position having overall responsibility for environmental
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.
c. 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 significant penaltiesJfor submitting false information,
including the possibility of fines and imprison. et f6`r. iri©wing violations."
The issuance of this individual permit does not pro]
individual permit, revoking and reissuing the indivi
allowed by the laws, rules, and regulations containe
and 123; Title 15A of the North Carolina Adi&ist
General Statute 143-215.1 et al. 6111, f
5. Permit Actions
The permit may be modified, re
changes or anticipated noncomp
SECTION C: OPERATION AND -MA
3.
for from reopening and modifying the
or terminating the individual permit as
, Code of Federal Regulations, Parts 122
Subchapter 2H .0100; and North Carolina
N
cedar 'reissued, or terminated for cause. The notification of planned
nee;daes not stay any individual permit condition.
Proper QRpration 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 Reduce 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
Part III Page 4 of 8

Permit No. NCS000534
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
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 perniittee 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~chd6cteristic of the volume and
nature of the permitted discharge. Analytical sampling�sliaalf performed during a representative storm
event. Samples shall be taken on a day and time that is.characteristic of the discharge. All samples shall be
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 shau i ot;b changed without notification to and approval of
the Director.
Recording Results
For each measurement, sample inspection or.maintenance activity performed or collected pursuant to the
requirements of this individual
1pperm�it�theNrmittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(i) w�r'formed the sampling, measurements, inspection or maintenance activity;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. 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.
Part III Page 5 of 8

Permit No. NCS000534
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.
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 they facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
pem-dttee shall retain records of all monitoring information; including all calibration and maintenance
records and all original strip chart recordings for contimtous monitoring,instrrumentation, and copies of all
f
reports required by this individual permit for a period of at,least S years -from the date of the sample,
measurement, report or application. This period may be -eat tided by request of the Director at any time.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, ail authori e`d�representaattive of a municipal operator or the separate storm
sewer system receiving the disc harge, upcinpresentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's pretntses where a regulated facility or activity is located or conducted,
or where recordsmust be kept under the conditions of this individual permit;
b, Have access to and•cofy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated 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 REQULREMENTS
Discharge Monitoring Reports
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 shaII be delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The pemuittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part III Page 6 of 8

Permit No. NCS000534
9
3.
4.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
SO.
Subminine Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water (
I617 Mail Service ,
Raleigh, North Carolina.
In addition, a separate signed Annual Summary DMR cc;
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covcred beach
on site. Visual monitoring results
specifically requested by DWYQ
Availability, of Reuoris
be submitted to the local DWQ Regional
a -can be found here:
he permittee shall retain the completed originals
to the Regional Offices or Central Files unless
Except for data determined1b 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
`; i .1
considered confidential. Kzipwingly 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.
Non-Stormwater Discharges
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 as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. AnticiRaated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8

Permit No. NCS000534
7.
9
10.
Spills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Bass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Twenty-four Flour Reporting e" <'�'�
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shalf be provided orally within 24 hours from
11
the time the permittee became aware of the circumstanc s' 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
noncompliance, including exact damtes ;
anticipated time compliance is expecte
prevent reoccurrence of the non coinpli
The Director may waive
within 24 hours.
Other Noncompliance
£,tlie noncompliance, and its causes; the period of
,'if the noncompliance has not been corrected, the
; and steps taken or planned to reduce, eliminate, and
on a case -by -case basis if the oral report has been received
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
I t . Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8

NCS000534
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
Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this
Act then applicable.
PART V ADMINISTERING AND
The permittee must pay the administering and compliant
the Division. Failure to pay the fee in,dinely manner in
Division to initiate action to revoke tlie.Individual Permi
4.
P
Act
See Clean Water Act.
other requirements in the
MONITORING FEE
ig fee within 30 (thirty) days after being billed by
with 15A NCAC 2H .0105(b)(4) may cause this
DEFINITIONS
Allowable Non-Stormwater Discharges
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.
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. More information on BMPs can be found at:
http://cfpub.epa.govinpdes/stormwater/menuofbmps/index.cfra.
Bvaass
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.
5. Bulk Slorapze 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 titan 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.
Parts 1V, V and VI Page I of 4

Permit No. NCS000534
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the
10. EMC
The North Carolina Environmental Management Commiss au
11. Grab Samplef
An individual sample collected instantaneously Grab samples that will be analyzed (quantitatively or
qualitatively) must be taken within the fast 30 uutes discharge.
NI
12, Hazardous Substance T=
Any substance designated under 401CFR Part,i'16 pursuant to Section 311 of the Clean Water Act.
13. Landfill
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. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g)
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an Individual Permit.
17. Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
.Part VI Page 2 of 4 Pages

Permit No. NCS000534
B. 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.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple out -falls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at ared`uced number of outfalls.
/,> "_ \ /7
21. Secondary Containment /
Spill containment for the contents of the single largest tank within the°containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm events
22. Section 313 Water Priority Chemical
A chemical or chemical category which: ,
a. Is listed in 40 CFR 372.65 pursuant to Section 3'13 of Title III of the Superhind Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986:"\ / v
b. Is present at or abovithre9hold1evels at a facility subject to SARA title III, Section 313 reporting
requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table 11(organic priority pollutants), Table
III (certain metals, dyanides, and phenols) or Table IV (certain toxic pollutants and
(2) Is listed`as-a•ifazardous substance pursuant to section 31 1(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.
23. Severe Property 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.
24. 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 released with stormwater discharges.
25. Si 6ficant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
Part VI Page 3 of 4 Pages

Permit No. NCS000534
26. Stormwater Discharge -Outfall (SOO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from
which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmen.
28. Stormwater Associated with Industrial Activity
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
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges firom facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures'and practices- o reduce stormwater pollution and
is based on an evaluation of the pollution potential of tl�e•site
30. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and ma
water body and pollutant. (A list of approved
http://h2o.enr.state.ne.us/tmdl/) .1
31. Toxic Pollutant '
Any pollutant listed as toxic undef Section 3'
32.
Vehicle rehabilitation,
airport deicing operati
quality standards, in all seasons, for a specific
state of North Carolina can be found at
) of the Clean Water Act,
painting, fueling, lubrication, vehicle cleaning operations, or
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 4 of 4 Pages

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 12, 2010
Ms. Elizabeth Wike
Clear Path Recycling, LLC
PO Box 2260
Leland, North Carolina 25451
Subject:
Dear Ms. Wike:
DENR-FRCS
FEB t- 6 2010
DWQ
Draft NPDES Stormwater Permit
Permit No. NCS000534
Clear Path Recycling
Cumberland County
Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft
very carefully to ensure thorough understanding of the conditions and requirements it contains.
Monitoring of the stormwater outfalls under the responsibility of Clear Path Recycling vs. DAK Americas
should be addressed between the two companies and applicable outfall identification is recommended to
avoid duplication or neglect of required monitoring.
The draft permit's analytical monitoring includes:
1. Analytical monitoring parameters, Chemical Oxygen Demand (COD), Biological Oxygen Demand, BOD;,
Total Suspended Solids (TSS), Oil&Grease, Total Nitrogen, Total Phosphorus, and pH, have been added
to this permit. .
2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in
Part If Section B. The first sample period has been set shorter in order to get a sample as soon as possible
to access the stormwater from the stored PET bottle. The permittee must also document the total
precipitation for each event. If no discharge occurs during the sampling period, the permittee must
submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling
period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2.
3. Benchmarks for analytical monitoring have been included with this draft permit. Exceedances of
benchmark values require the permittee to increase monitoring, increase management actions, increase
record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the
sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at
any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within
two weeks and implementation of a mitigation plan within two months. If during the term of this permit,
the sampling results are above the benchmark values, or outside of the benchmark range, for an; specific
parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall fMow the
Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute
monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark
value for two consecutive samples.
4. You are required to collect all of the analytical and qualitative monitoring samples during representative
storm events as defined in Part II Section B. Qualitative monitoring is required regardless of
representative outfall status.
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Nor u1Carolina
Location: 9-8 7 5a FA ; Raleigh, North Carolina 27604 � � �� i r�
Phone: [phone] FAX; 919-807-64941Customer Service: 1-817.623-674$ `ILI
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Ms. Elizabeth Wike
Clear Path Recycling
Permit No. NCS000534
5. Vehicle maintenance monitoring has been set to semi-annually in order to coincide with analytical and
qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only
applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the
permitted timeframe then the requirements shall apply_
Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are
received from the public or from you, this permit will likely be issued in about two months.
If you have any questions or comments concerning this draft permit, contact me at [phone] or
[e-mail]
cc: tFayet e iIII( Regional Office
Stormwater Permitting Unit
Attachments: Draft Permit
Sincerely,
Brian Lowther
Environmental Engineer
Stormwater Permitting Unit
6

NCS000534
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 CarolinwGeneral Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by; North Carolina Environmental
Management Commission, and the Federal Water, Pollution Control Act, as amended,
Clear Path Recycling, LLC
is hereby authorized: to discharge stormwater from a facility located at
`Clear Path Recycling
3�468 Cedar Creek Road
Fayetteville, NC
} " Cumberland County
to receiving waters designated as the Cape Fear River, a class WS-IV; CA strearn in the Cape
Fear River Basin, in accordance with the discharge.limitations, monitoring requirements, and
other conditions set forth in Parts I, II, III, IV, V and VI hereof.
Note: Draft Permit Dates are Approximate
This permit shall become effective May 1, 2010.
This permit and the authorization to discharge shall expire at midnight on April 30, 2015.
Signed this day April 2, 2010.
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCS000534
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B. Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES'''
Section A: Stormwater Pollution Prevention Plan`=
Section B: Analytical Monitoring Requireri ei nts ".
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle"Mainteriaice Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
czi
PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. 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
3. Signatory Requirements
i

Permit No. NCS000534
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
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention`'
_x:>'
7. Inspection and -Entry µ
Section E: Reporting Requirements L�
1.
Discharge Monitoring Reports
2.
Submitting=Reports
3.
Avail'aliility of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
S.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii

Pennit No. NCS000534
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
pennittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certificatiow-J40 ;:form to the Division; must receive
�=
approval by the Division; must maintain no exposure. conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (S) years. -_-
SECTION B: PERNUTTED ACTIVITIES -"
Until this permit expires or is modified orrevoked, the permittee is authorized to discharge
stormwater to the surface waters of Nortl'_Carolina or separate storm sewer system that has been
adequately treated and managed,. in6c6ordari6e with the terms and conditions of this individual
permit. All stormwater discharges shaltbe in accordance with the conditions of this permit.
J.
Any other point source discharge: to -surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I of 2

SECTION C: LOCATION MAP
Permit No. NCS000534
NCS000534
W finale 1,,24,E
Clear Path Recycling L.LC
Clear Path Recycling
Lad tude: 340 58' 58" N
Lorgtude: 780 46 39" W
City: Currberland
Receimrig Stearn: Cape Fear River
Stream (lass: WS-IV; CA
SiA3-barn: 034)& 15 (Cape Fear River Basn)
Facility Location
DENR-FRO
FEB 16 2010
Part I Page 2 of 2 DWQ

Permit No. NCS000534
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 III, 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
r
potential pollutant sources which may be expected tocontribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrazigl.e-map or appropriately drafted
equivalent map), showing the facility's_locationin relation to transportation routes
and surface waters, the name of thd-receivingwater(s) to which the stormwater
outfall(s) discharges, or if the dischar"gejs o a municipal separate storm sewer
ality and the ultimate receiving waters, and system, the name of the municip
accurate latitude and longitude of the,point(s) of discharge. The general location
'k� V ;�.
map (or alternatively the'siffmap} shall identify whether each receiving water is
impaired (on the sfatel's,303(d) list of impaired waters) or is located in a
watershed for whit" W TMDL has been established, and what the parameter(s)
of concern are.f
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious..
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (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 I11, Standard Conditions, Section
Part 11 Page 1 of 10

Permit No. NCS000534
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
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, materialtharidling operations, and
k �:_
manufacturing or fueling operations. In,areae- ere elimination ination of exposure is
not practical, the stormwater managementplansfWll document the feasibility of
diverting the stormwater runoff away m,areas of potential contamination.
(b) Secondary Containment Requiremeeritg�and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title Ill of the Superf dd Amendi Tents and Reauthorization Act (SARA)
water priori ty chemicals; and storage.m any amount of hazardous substances, in
r .f � ��
order to prevent leaks and'zspills�r from contaminating stormwater runoff. A table
or summary of all suchAariks and stored materials and their associated secondary
containment areas.sliall be.maintained. If the secondary containment devices are
connected to stormwater.gonveyance systems, the connection shall be controlled
by manually activated valves or other similar devices (which shall be secured
closed with clocking mechanism), and any stormwater that accumulates in the
containment arewsliall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated by any material. Records documenting the individual 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 listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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 the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by Each individual acknowledging their responsibilities for the plan. A responsible
Part II Page 2 of 10

Permit No. NCS000534
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may 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 and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas,"loading and unloading areas, and
haul roads), all drainage features and structures;:and'eXisting structural BMPs. The
program shall establish schedules of inspections, mainternariceJand housekeeping
activities of stormwater control systems, as wQl A facility equipment, facility areas, and
facility systems that present a potential for stofi w ter exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekereping shall`be recorded in writing and maintained
in the SPPP. : by A Y�r'
Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis-fd`e;facility personnel with responsibilities for: spill response
�=h
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential':,to contariminate stormwater runoff. Facility personnel (or team)
responsible for impldmenting`the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components 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
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks of
pollutants for the previous three years, or the -notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the pertittee shall
Part II Page 3 of 10

Permit No. NCS000534
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 Ill, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
S. Facility inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part II B and C of this permit. �
9. Implementation. The permittee shall implement the 1?]an,Implementation of the Plan
shall include documentation of all monitoring; ineasurements,�inspections, maintenance
activities, and training provided to employees;:iriciuding the'log of the sampling data and
of actions taken to implement BMPs associated wit ;the industrial activities, including
vehicle maintenance activities. Such docunn"entation_ shall be kept on -site fora period of
five years and made available to the Director''o'r ^the'Director's authorized representative
immediately upon request.,
A
Part II Page 4 of 10

Permit No. NCS000534
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than. 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected if the next rain
producing a discharge begins within 10 hours.
S�
Table 1. Analytical MonitorinRe uirements
Discharge;:__
-
Measurement Frequency!
Sample
Sample.
Characteristics
Units.._
T e?:
Location3
Total Suspended Solids
m L
ual
Grab
SDO
Biochemical Ox en Demand
m L'
,semi annual
Grab
SDO
Chemical OxyEen Demand
m L
;} semi-annual
Grab
SDO
Total Nitro en
F'rit L=;:
,.•�.'�
.. '^semi-annual
Grab
SDO
Total Phosphorus
�
m L,
i� semi-annual
:
Grab
SDO
H
Pstandaida
,' semi-annual
Grab
SDO
.,
117
Total Rain fali4 _ -
inches
semi-annual
Rain Gauge
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
The permittee shall complete the minimum ten, analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part 11 Page 5 of 10

Permit No. NCS000534
Table 2. Monitoring Schedule
Monitoiringeribd''Z
Sample_ Number
Start
<,._ . ; End.. `h y
Year 1 — Period 1
i
May 1, 2010
June 30, 2010
Year 1 --- Period 2
2
July 1, 2010
December 30, 2010
Year 2 — Period 1
3
January 1, 2011
June 30, 2011
Year 2 — Period 2
4
July 1, 2011
December 30, 201 I
Year 3 — Period 1
5
January 1, 2012
June 30, 2012
Year 3 — Period 2
6
July 1, 2012
December 30, 2012
Year 4 — Period 1
7
January 1, 2013
June 30, 2013
Year 4 — Period 2
8
July 1, 2013
December 30, 2013
Year 5 — Period 1
9
January 1,;201.4
June 30, 2014
Year 5 — Period 2
10
July. 1,,,2Qf 4
a April 30, 2015
Footnotes: W -_; y- r
0:`s'
1 Maintain semi-annual monitoring during permit renewaf; rocess. If at the expiration of the Individual
. L,
Permit, the permittee has submitted an application for ret,newal of coverage before the submittal deadline,
the permittee will be considered for renewed coverage.' The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling riod, the "'eiiiiittee must submit a monitoringreport indicating
g g A gAe; p� g
"No Flow" within 30 days of the end of the six-month sampling period.
h (v
The permittee shall report the analytical iesults from each sample within the monitoring period. The
permittee shall compare monitoring results to the benchmark values in Table 3. The benchmark
values in Table 3 are not permif limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP)._ Exceedences of benchmark values require the
permittee to increase mortiton fg, increase management actions, increase record keeping, and/or
install stormwater Best Manag6rheht Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharge'Ciraracteristics
w Units,
Total Suspended Solids
mg/L
100
Biochemical Oxygen Demand
mg/L
30
Chemical Oxygen Demand
mg/L
120
Total Nitrogen
mg,
30
Total Phosphorus
mg/L
2
pH
standard
6-9
Part Il Page 6 of 10

Permit No. NCS000534
Tier One,,=
If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any I
parameter at anv outfall;
Then: The permittee shall:
I . Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exeeedence,
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Siorniwater,Pollution Prevention Plan. Include
the date and value of the benchmark exceedence, the inspection date. the personnel conducting the
instection, the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling resulfsrfrom two consecutive monitoring periods
are above the benchmark values, or outside ofAhe benchmark range, for any specific parameter at a
specific discharge outfall;
Then: The en-nittee shall:
1. Repeat ail the required aetioh9 outlined.aKove in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmarkalue f6vtwo consecutive samples. Monthly (analytical and qualitative)
monitoring shall continuerunhEhree consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods
exceed the benchmark. value, or are outside the benchmark range, for any specific parameter at any specific
outfall on four occasions, the pen-nittee shall notify the DWQ Regional Office Supervisor in writing within
30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit-,
• require the permittee to install structural stormwater controls; .
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part 11 Page 7 of 10

Permit No. NCS000534
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 in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
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
discovery. This documentation will be maintained with the SPPP...
Table 4. Qualitative Monitoring Requirements:?
Discharge Characteristics
: Frequency1'
Monitoring _
Location2 .
Color
semi-annual,.
.r; ,SDO
Odor
semi-}anniial`r=
V1;_.4?z SDO
Clarity
semi:annual
SDO
Floating Solids,
,semi-annual°
SDO
Suspended Solids c �:,
serrtz-annual
-Y--
SDO
dr'*,
Foam ," -
hc.'��
t'semt-annual
SDO
Oil Sheen
?semi-annual
SDO
Erosion or deposition at the of tfall.:;='
semi-annual
SDO
Other obvious indicators ` '
semi-annual
SDO
of stormwater pollution
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revolted or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 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
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
Part II Page 8 of 10

Permit No. NCS000534
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
; Units
Measurement
Sample
Sample
-- Fre uenc t
TypO
Location3
H
standard
semi-annual
Grab
SDO
TPH
mg/l
semi-annual
Grab
SDO
EPA Method 1664 (SGT-HEM)
Total Suspended Solids
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual,
Rain gauge
I-
New Motor Oil Usage
I gallons/month I
sernx=annual,
Estimate
-
Footnotes:
Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescitided. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for.schcKle cif monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is contro
pond shall be collected within the
3 Sample Location: Samples
stormwater runoff from: area
4 For each sampled representative
gauge reading must be recorded.
r detention pond a grab sample of the discharge from the
discharge from the pond.
at each stormwater discharge outfall (SDO) that discharges
maintenance activities occur.
event the total precipitation must be recorded. An on -site or local rain
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). - Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part.11 Section B.
Table 6.
Benchmark Values for Vehicle Maintenance Analytical Monitoring
- Discharge Characteristics.
Units ,
Benchmark
pH
standard
6-9
TPH
[EPA Method 1664 (SGT-HEM)]
mg/L
15
Total Suspended Solids
mg/L
100
Part II Page 9 of 10

Permit No. NCS000534
PART 111I 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 already operating but applying for permit coverage for the first time: 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.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The StormwaterPollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from,tlie:operation of the industrial activity and be
v. - 6- ..
updated thereafter on an annual basis. Secondary containment; as:specified in Part 11, Section A, Paragraph
2(b) of this permit.shall be accomplished prior to- e•lieginningzof discharges from the: operation of the
industrial activity.'c'
2. Duty to Comply
The permittee must comply wiih;all-conditionsof this individual permit. Any permit noncompliance
constitutes a violation of the Clean ;Water Act "and is grounds for enforcement action; for permit
termination, revocation and reissuance, &modification; or denial of a permit upon renewal application.
a. The permittee-shall complyv"with standards or prohibitions established under section 307(a) of the
1-
Clean Water Act foi•a,toxic pollutants within the time provided in the regulations that establish these
., W, SI-V
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b.. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 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 I 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 $10,000 per violation with the maximum
amount not.to exceed $125,000. [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 ten thousand dollars ($10,000) 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: NC 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 $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed
Part III Page 1 of 8

Permit No. NCS000534
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
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 Liability
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. r'
�.: z
5. Oil and Hazardous Substance Liability , m
Nothing in this individual permit shall be construed to preclude_the institution of any legal action or relieve
the permittee from any responsibilities, liabilities,:or`perialties`to which the permittee is or may be subject to
under NCGS 143-215.75 et sec}. or Section 311 of the Fedsial Act, 33 USC 1321.
6. Property Rights
The issuance of this individual perrnit does.not,convey any property rights in either real or personal
property, or any exclusive privileges;,iior dbes=it authorize any injury to private property or any invasion of
personal rights, nor any infringement of:Federal, 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 provision of this individual 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.
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
pernut 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.
Part Ill Page 2 of 8

Permit No. NCS000534
10. Penalties for Falsification of Reports
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
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 13: GENERAL CONDITIONS
Individual Permit Ex iration
The permittee is not authorized to discharge after the expiration dateIn order to receive automatic
authorization to discharge beyond the expiration date, the permit#eeshali submit forms and fees as are
required by the agency authorized to issue permits no later tban~180days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested'enewal at least=l80 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS§ 1�43-2153.E and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any
Director may require modification or
incorporate such other requirediMtts
required to notify the Division-JUKM
3. Signatory Requirements
fafter:notice to and approval by the Director. The
id.re si 'IV of the permit to change the name and
essary under the Clean Water Act. The Permittee is
event the permitted facility is sold or closed.
a.^
All applications, reports, 6isinformati6n submitted to the Director shall be signed and certified.
a. All applications to,be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) _. In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
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
Part III Page 3 of 8

Permit No. NCS000534
responsibility, or an individual or position having overall responsibility for environmental
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.
C. 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 significant pen' ties submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification. Revocation and Reissuance: or Terrriinaiion
The issuance of this individual permit does not prohibit.the Director from reopening and modifying the
individual permit, revoking and reissuing the individua -p ►it 'or terminating the individual permit as
allowed by the laws, rules, and regulations contained'idtitl'e.`40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Ad in nistzative:Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et at. Y t
Permit Actions `°
The permit may be me
changes or anticipated
SECTION C: OPERATION
Proper Operation and Maintenance
or terminated for cause. The notification of planned
not stay any individual permit condition.
ANCE OF POLLUTION CONTROLS
The permittee shall at all times properly operate and maintain al] facilities and systems of treatmcnt 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.
2. Need to Halt or -Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt'vr
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
Part III Page 4 of 8

Permit No. NCS000534
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
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 perinittee 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
2.
3.
Representative Sampling
Zr
Ar
Samples collected and measurements taken, as required;hereit3'sh ll lie,c_haiacteristic of the volume and
nature of the permitted discharge. Analytical sampling stiall,be performed during a representative storm
event. Samples shall be taken on a day and time that is cliaracteristic of the discharge. All samples shall be
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 kie changed without notification to and approval of
the Directors
Recording Results
For each measurement, sample;-inspection„ar.maintenance activity performed or collected pursuant to the
requirements of this individual peimit�, the peiYiiittee shall record the following information:
a. The date, exact place, and tirn'ebf sampling, measurements, inspection or maintenance activity;
b. The individual(s)u,.w- ho�peiformed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
The results of such analyses.
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.
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 USG 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part III Page 5 of 8

Permit No. NCS000534
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.
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 resuits.shall also be maintained on -site. The
permittee shall retain records of all monitoring informatid' , inMuding all calibration and maintenance
records and all original strip chant recordings for continous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 ye`azs"from the date of the sample,
measurement, report or application. This period may be d)dt tided by request of the Director at any time.
7. Inspection and Entry
The pertnittee shall allow the Director, or an•authorized representative (including an authorized contractor
acting as a representative of the Director), ,or in the case'of a facility which discharges through a municipal
separate storm sewer'system,5aii authorized,represbntative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept 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 reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated 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 REQUIRFMENTS
1. Discharge Monitoring Reports
_ • 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 delivered to the Division
no later than 30 days from the date the facility receives the sampling results from the laboratory.
The pentnittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The submittal shall be on forms supplied by the Division.
Part III Page 6 of 8

Permit No. NCS000534
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC TI5A 02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
so.
Submitting Reports
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to.
Central Files
Division of Water (
1617 Mail Service Center
Raleigh, North Carolina-2 7699'1617:
,:•K
In addition, a separate signed Annual Summary DMR copy�sl all be submitted to the local DWQ Regional
.� _•
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by.e'achRO'can be found here:
http://www.enr.state.nc.us/html/rezionaloffices:fitml -The permittee shall retain the completed originals
on site. Visual monitoring results should not be.submitted to the Regional Offices or Central Files unless
specifically requested by DW?-� ,, f ^+ r
;T•�
3. Availabili1y 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 oftWater 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 Discharges
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 Chanizes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8

Permit No. NCS000534
9.
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.``
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.
• Ye ,F :F
The written submission shall contain a description'of.the noncompliance, and its'causes; the period of
noncompliance, including exact elates ind-times <and'`if the noncompliance has not been corrected, the
anticipated time compliance is expectedio"cantinue; and steps taken or planned to reduce, eliminate, and
. \a
prevent reoccurrence of the noncotriplxance:
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours. A
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8

NCS000534
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
Act then applicable.
PART V ADMINISTERING AND
The perminee must pay the administerin;z and
the Division. Failure to pay the I
Division to initiate action to revo
other requirements in the
CE MONITORING FEE
,onng fee within 30 (thirty) days after being billed by
nce with 15A NCAC 2H A 105(b)(4) may cause this
DEFINITIONS
1. Act
See Clean Water Act.
2. Allowable Nan-Stormwater Discharges
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.
3. 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. More information on BMPs can be found at:
http--Hcfpub.epa.gov/npdesistonnwater/menuofbmps/index.cfm.
4 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. -
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.
Parts 1V, V and VI Page l of 4

Permit No. NCS000534
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DW
The Division of Water Quality, Department of Environment and Natural Resources.
1.
9. Director_
The Director of the Division of Water Quality, the permit issuing a- to h— rity.Y''
10. EMC =:
The North Carolina Environmental Management COn=ssion' '71.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) must -be taken within the first=3D mmiutevbf discharge.
12. Hazardous Substance:r
Any substance designated under 4Q0 FR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
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'impaundmcnt, 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. No Exoosure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, finial products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122,26(g)
16. Notice of Intent
The state application,form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an individual Permit.
17. Pertnittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
Part VI Page 2 of 4 Pages

Permit No. NCS000534
18. 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.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a"redu ced number of outfalls.
21. Secondary Containment,
SpiII containment for the contents of the single largest iinlc:within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm
22. Section 313 Water Priority Chemical
��,4y
A chemical or chemical category which: r:
a. Is listed in 40 CFR 372.65 pursuanC ' 5ect�on 313 of Title I ll. of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;'NN.c 'W
b. Is present at or above threshold'1e�els at a facility subject to SARA title iII,.Section 313 reporting
VF1 5, .
requirements; and
C. Meets at least one of the foll€iwirig criteria:
(1) Is listed izi1. appcndix'D of40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals; cyanides, and phenols) or Table IV (certain toxic'pollutants and
hazard us-t ubstances);
�a• : f ss-
(2) Is listed as a li'azardous 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.
23. Severe Property 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 he
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
24. 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 released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4),
Part VI Page 3 of 4 Pages

Permit No. NCS000534
26. Stormwater Discharge Qutfall (5DQl
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from
which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs inunediately following rainfall or as a
result of snowmelt.
28. Stormwater Associated with Industrial Activity
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
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activitie6xcl'uded from the NPDES program.
29. Stormwater Pollution Prevention Plan =` _jr
A comprehensive site -specific plan which details measures, and practices to rcduce stormwater pollution and
is based on an evaluation of the pollution potential of the s1te: _
30. Total Maximum Daily load (TMDL)
TMDLs are written plans for attaining and mainfainirig'water quality standards, in all seasons, for a specific
water body and pollutant. (A list of approved, TMDLs for the state of North Carolina can be found at .;
http:Hh2o.enr.state.nC.us/tmdll) r'`- 4.
-
- 31. Toxic Pollutant
Any pollutant listed as toxic under: Section 3(17{a)(1) of the Clean Water Act.
32. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations:
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 4 of 4 Pages

SOj V,44 FPS
1W alms 71130
June 30, 2010
REF: NPDES Stormwater Permit No. NCS000534
Ms Coleen Sullins
Division of Environmental Management
N.C. DENR
1617 Mail Service Center
Raleigh N.C. 27699-1617
Dear Ms Sullins:
In accordance with Clear Path Recycling (CPR) procedures, and pursuant to 40CFR
270.11 (a) (1) (ii), and (b) and 40CFR 122.22 (a) (1) (ii) and (b), and all State
Regulations,) Chris Bradley. VP of Manufacturing_of the CPR Site in Cumberland
County, North Carolina, delegate my authority to sign all routine reports required by
permits, and provide other information requested by the State and/or Federal Regulatory
Agencies to the Site Plant Manager, Jay Chilton.
My delegation of this authority is consistent with the normal responsibility of this
position with CPR.
Sincerely,
� � f
C r 4, , r � -.S
NJ f es-z'—+ 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 2, 2010
Ms. Elizabeth Wike
Clear Path Recycling, LLC
PO Box 2260
Leland, North Carolina 28451
Subject: Final NPDES Stormwater Permit
Permit NCS000534
Clear Path Recycling
Cumberland County
Dear Ms. Wike:
In response to your application for coverage under NPDES stormwater permit NCS000534, the Division of
Water Quality (Division) is forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007 (or as
subsequently amended).
This final permit includes no major changes from the draft permit sent to you on February 12, 2010.
P1-3ase note that analytical monitoring•is• also required in this permit. Failure to complete the monitoring.-.:; --
required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water
-Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10-
"Penalties for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case
of change in ownership or control'of this discharge. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location, 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone, 919M7-63001 FAX [phone] Customer Service: 1-877.623-6748
Internet www.ncwaterquality.org
An Fnual G000rtunity i Affirmative Action Emriwer
NorthCarolina
JI%tumily

Ms. Elizabeth Wike
Clear Path Recycling
Permit No. NCS000534
If you have any questions or comments concerning this permit, contact Brian Lowther at (9I9) 807-6368 or
brian.lowther Qncdenr. ov.
Sincerely,
ORIGINAL SIGNED BY
KEN PICKLE
for Coleen H. SuIIins, Director
cc: Fayetteville Regional Office, Water Quality Section
Mike Mitchell, EPA Region IV
Stormwater Permitting Unit
Central Files
Attachments: NPDES Stormwater Permit NCS000534
Pa

NCS000534
STATE OF NORTH- CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE--
. a
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,
Clear Path Recycling; LLC
is hereby authorized to discharge stonnwater froma facility located at
Clear Path Recycling,
3468 Cedar Creek Road
'Fayetteville; NC
Cumberland County
r
toxeceiving waters designated as:the Cape Fear River; a class WS-IV; CA stream in the Cape
Fear River Basin, in accordance with the, discharge limitations, monitoring.requirements, and
other conditions set forth in Farts I,11, 11I;_IV, V and.VI hereof
This permit shall become effective May 1, 2010.
This permit and the authorization to discharge shall expire at midnight on April 30, 2015.
Signed this day April 2, 2010.
ORIGINAL SIGNED BY
KEN PICKLE
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCS000534
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage -
Section B: Permitted Activities -
'Section C: Location Map
PART II MONITORING, CONTROLS,_ AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stonnwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
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
5.
Oil and Hazardous Substance Liability
b:
Property Rights
7.
Severability
S.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1.
Individual Permit Expiration
2.
Transfers
3.
Signatory Requirements
t

Permit No. NCS000534
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
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative.Outfall
6. Records Retention
7. Inspection and Entry:
Section E: Reporting Requirements
1: Discharge Monitoring. Reports
2. Submitting Reports
3.- Availability of Reports _
4. Non-Stormwater Discharges .
5. Planned Changes
6. Anticipated Noncompliance
T. Spills-
8. Bypass
9. - Twenty-four Hour Reporting
10. Other Noncompliance
11. Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
A
ii

Permit No. NCS000534
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 monitofea as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § l 22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years. Y
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, -the permitteeis authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to- surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page 1 of 2

SECTION C: LOCATION MAP
Permit No. NCS000534
A-
N
"X
-k' -
A
- ONO
Vt IL
1%
p -A i.,. I"
1A
NCS000534
rl
MW Sae 124, 000
Clear Pith Recycling LLC
Clear Path Recycling
LaU hide' 34158' 58" N
Longitude: 780 46 39" W
CDUnty: Cunbed"
Recdving Stream: Cape Fear River
Stream Cla&s: VVS-IV; CA
Subbasn. 03-06-15 (Cape Fiew Puya Basn)
Facility Loca tio n
Part I Page 2 of 2

Permit No. NCS000534
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMI-TTED 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 iii,accordance with Part II1, Standard
Conditions, Section E, Paragraph 3 of this individual permit. 'The Plan shall include, at a
minimum, the following items:
fr
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location reap (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation routes
and surface waters, the name of the receiving water(s) to which the ston-nwater
outfall(s) discharges, or if the discharge is to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. -The general location
map (or alternatively the site map) shall identify whether each receiving water is
impaired (on the state's 303(d) list'of impaired waters) or is located in a
watershed for which a TMDL has been established, and what the parameter(s)
of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including.a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (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
Part It Page 1 of 9

Permit No. NCS000534
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
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 fueling operations. In areas where elimination of 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 Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in -any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater. runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected to stormwater conveyance systems, the connection shall be controlled
by manually activated valves or utler similar devices (which shall be secured
closed with a locking mechanism); and any stormwater that accumulates in the
containment area shall be at a minimum visually observed for color, foam, outfall
staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released.if found to be
uncontaminated by any material. Records documenting the individual 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 listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
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 the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
Part It Page 2 of 9

Permit No. NCS000534
person shall be on -site at all times during; facility.operations that have the potential to
contaminate stormwater runoff through spills'or exposure of materials associated with the
facility operations. - The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may 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 and good housekeeping program -shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -'site and adjacent
surface waters and wetlands, industrial activity areas (including material -storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for. storrwater exposure or_ stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into -the program_ Timely compliance with the established schedules for
inspections, maintenance; and housekeeping shall be recorded in writing and maintained
in the SPPP.
5. Employee Training. Training programs shall be developed and training provided at a
minimum on.an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible' for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained.
6. -Responsible Party. The Stormwater Pollution Prevention Flan shall identify a specific
position(s) responsible for the overall coordination; development, implementation, and
revision to the Plan. Responsibilities for all components 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
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the
Stormwater.Pollution Prevention Plan shall be reviewed and updated on an annual
basis. The annual update shall include an updated list of significant spills or leaks, of
pollutants for the previous three years, or the notation that no spills have occurred. The
annual update shall include written re -certification that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. Each annual update shall
include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
Part 11 Page 3 of 9

Permit No. NCS000534
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 III, Standard Conditions, Section B, Paragraph 5)-to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring '
required. in Part II B and C of this permit.
9. Implementation. The permittee shall implement the Plan.. Implementation of the Plan
shall include -documentation of all monitoring, measurements, inspections,- maintenance
activities, and training provided to employees, including the -log of the sampling data and
of actions taken -to implement BMPs associated with the industrial activities, including -
vehicle maintenance activities: Such documentation shall be kept on-site'for a period of
five years and made available to the Director or the Director's authorized representatives
immediately upon request.
Part 11 Page 4 of 9

Permit No. NCS000534
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stotmwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall. The time
between this storm event and the previous storm event measuring greater than 0.1 inches must be at least
72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if
it rains but stops before producing any collectable discharge, a sample may be collected•if the next rain
roducin a discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Characteristics
Units
Measurement Frequency)
Sample
T e2
Sample
Location3
Total Suspended Solids
mg/L.
semi-annual
Grab
SDO
Biochemical Oxygen Demand
mg/L
semi, -annual
Grab
SDO
Chemical Oxy2en Demand
mg/L
semi-annual
Grab-
SDO
Total Nitrogen
m .L
semi-annual _
Grab
SDO
Total Phosphorus
mg/L,
semi-annual
Grab
SDO
H
standard
semi-annual
Grab
SDO
Total Rainfal14
inches .
semi-annual
ain Gau e
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge:
3 Sample Location: Samples.shall be collected at each stormwatet discharge outfall (SDO) unless representative outfall
status has been granted.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain
gauge reading must be recorded.
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Part II Page 5 of 9

A
Permit No. NCS000534
Table 2. Monitorin! Schedule
Monitoring periodt12
Sample Number
Start -
End • -
Year 1 — Period ]
I.
May 1,-2010
June 30,.2010
Year 1 — Period 2
2
July 1, 2010
December 30, 2010
Year 2 — Period 1
3
January 1, 201-1
June 30, 2011
Year 2 — Period 2
_
4 T
July 1, 2011
December 30, 2011 '
Year 3 — Period 1
5
January 1, 2012--
June 30, 2012
Year 3 — Period 2
6
July. 1, 2012.':."
December 30, 2012 .
Year 4 — Period 1
7 -
January 1, 2013
June 30, 2013 ,
Year 4 — Period 2
8
July 1, 2013
�`" December 30, 2013
Year 5 -- Period 1
9
January 1, 2014-
June 30, 2014
Year 5 — Period 2
10
July 1, 2014
= April 30, 2015
Footnotes: _
1 Maintain semi-annual monitoring during permit renewal process. Hat the expiration of the Individual
Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline,
the permittee will be considered for renewed coverage. The applicant must continue semi-annual
monitoring until the renewed permit is issued. z "
.2 if no discharge occursduring the sampling period, the pernuttee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period.
• a�
The permittee' shall report the analytical results from each sample within the monitoring period. The'"
permittee shall compare monitoring results to the benchmark values in Table 3. The benchmarkw
values in Table 3 are not permit limits but should be used as guidelines for the permittee's
Stormwafer Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs) in a.tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analvtical Monitoring .
Discharge Characteristics
Units
Benchmark
Total Suspended Solids
mg/L
100
30
Biochemical Oxygen Demand
1ng/L
Chemical Oxygen Demand
,nb/L
1.20
30
Total Nitrogen
mg/L
Total Phosphorus
mg/L
2
6-9
pH
standard
Part 11 Page 6 of 9

Permit No. NCS000534
Tier One
IIf: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any I
uarameter at anv outfall:
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence:
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring concentrations
within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tie'r`One response in the Stormwater Pollution Prevention Plan. include
the date and value of the benchmark exceedence, the inspection date, the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods
are above the benchmark values, or outside of the benchmark range, for any specific parameter at a•
ific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall-where a sampling resut.
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitativ4
monitoring shall continue until three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow'' to comply with reporting requirements.
4... Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results requiied'for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific
outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within
30 days of receipt of the fourth analytical results. DWQ may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
Part II Page 7 of 9

Permit No. NCS000534
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 in Table 4, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-
annual qualitative monitoring.]: Qualitative monitoring is for_the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
k
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
discovery. This documentation. wil I be maintained with the SPPP.
Table 4. Qualitative Monitoriag Requirements.
Discharge Characteristics
'. Frequencyh :
"' `_ Monitoring
Locationz
Color
semi-annual
SDO
Odor
semi-annual
SDO.
Clarity
semi-annual'
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
-Oil Sheen
semi-annual
SDO
Erosion or dep2sition at the outfall.
semi-annual .
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
I Measurement Frequency: Twice per year during a representative 5torm'event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue Semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring'periods.through the end of this permitting
cycle.
2 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
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
F
Part 11 Page 8 of 9

Permit No. NCS000534
areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vebicle Maintenance
Discharge Characteristics
Units
Measurement
Sample
Sample
Fre uenc
T e2
Location3
H
standard—
semi-annual
Grab
SDO
TPH
mg/l
semi-annual
Grab
SDO
[EPA Method 1664 (SGT-HEM)]
Total Suspended Solids
Mg'l 'f
semi-annual
Grab
SDO
Total Rainfal14
inches '
semi-annual
Rain gLuge
New Motor Oil Usage
gallons/month
semi-annual
Estimate
-
Footnotes:
L Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. 1f at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
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. from the pond. .
Sample location. Samples shall be collected at cacff stormwater discharge outfalI (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
r
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading roust be recorded.
Monitoring results shall be compared to the benchmark values -in Table 0. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the petmittee's
Storrnwater Pollution Prevention Plan (SPPP). Ex.ceedences of benchmark values require the
permittee to increase monitoring, increase management actions,. increase record keeping, and/or
install stormwater. Best Management Practices (BMPs), as provided in Part II Section B.
Table G. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Units
Benchmark
PH
standard
6-9
TPH
[EPA Method 1664 (SGT�-HEM)]
mg/ '
15
Total Suspended Solids
mg/L
100
Part 11 Page 9 of 9

`. Permit No. NCS000534
PARTHI- - 'STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLLA-- CE AND LIABILITY
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:. 7
Existing Facilities already operating but applying for permit coverage for the first time: 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 II
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective.rlate of
the initial permit issuance -
New Facilities applying for coverage for the'first time and existing facilities previously permitted -and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity.and be "
updated thereafter on an annual basis. Secondary containment, as specified in Part [I, Section A, Paragraph
2(b) of this permit shall be accomplished prior to.the.beginning of discharges from the operation -of the
industrial activity. 4
2.' . ; Duty to Comply
The permittee must comply with all conditions of this individual permit. Any permit'noncompliance
constitutes a violation of. the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that estabii,h these
standards or prohibitions, even if the.petmit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 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, of both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum
amount not to exceed S125,000. [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 ten thousand dollars ($10,000) 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: NC General Statutes 143-215.6Aj.
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 $10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed
Part III Page 1 of 8

Permit No. NCS000534
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class Il penalty not to exceed $125,000.
Duty to Mitigate
The perminee 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.
Civil and Criminal Liability
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,-215.3,143-21.5.6A, 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.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or -may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the federal Act, 33•USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, 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 provision of this individual 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.
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.
Part III Page 2 of 8

Permit No. NCS000534
10. Penalties for Falsification of Reports
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
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 B: GENERAL CONDITIONS`•.
I. Individual Permit Expiration
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
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does 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 § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification'or revocation and reissuance of the permit to change the name and
incorporate such other requirements as -may be necessary under the Clean Water Act. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Si atory Requirements
All applications, reports, or information submitted to the Director shall -be signed and certified.
a. All applications to be covered. under this individual permit shall be signed as follows: _
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
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
Tr
.k
Part III Page 3 of 8

Permit No. NCS000534
responsibility, or an individual or position having overall responsibility for environmental
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.
c. 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 attachinents 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 besi of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Individual Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing -the individual permit,.or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Cade, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
Permit Actions
The permit may be modified, revoked'and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does notstay any individual permit con-lition.
SECTIONC: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Qp_eration and Maintenance
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.
2. Need to Halt or Reduce 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
Part III Page 4 of 8

. i0
Permit No. NCS000534
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of storrrtwater or maintenance during normal periods of equipment downtime or dry
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
1, Representative Samnlinis
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
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 changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this. individual permit, the permittee shall record the following information:
a. The date,. exact place, and time of sampling, rueasurements,.inspection or maintenance activity;
b. The individual(s) who performed the sampling measurements, inspection or maintenance activity;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. 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 143-2I5.63 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.
Part III Page 5 of 8

Permit No. NCS000534
f.`
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.
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 outfaIl 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 a period of at least 5 years from the date of the sample,
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 authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the pen nittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
r'
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this individual permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operatibns regulated or required under this individual permit; and
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
1. Discharge Monitoring Reports
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 delivered to the Division
no later than 30 days from'the date the facility receives the sampling results from the laboratory.
The permittee shall submit an Annual Summary Data Monitoring Report to the appropriate DWQ Regional
Office in February of each year. The.submittal shall be on forms supplied by the Division.
Part III Page 6 of 8

Permit No. NCS000534
When no discharge has.occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report, within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWQ's specific requirement to do
so.
2. Submitting Reports
3
4.
Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to:
4-
1
Central Files
Division of Water. Quality
1617 Mail Service Center
Raleigh, North Carolina 276994617 .
In addition, a separate signed Annual Summary DMR copy shall be submitted to the local DWQ Regional
Office (RO) by March 1 of each year.
Addresses for each RO and the counties covered by each RO can be found here:
http:l/www.enr.state.nc.us/html/regionaloffices.html. The permittee shall -retain the completed originals
on site. Visual monitoring results should not be submitted to the Regional Offices onCentral Files unless
specifically requested by DWQ.
.AyailabilitfReports
Except for data determined to be confidential under NCGS- 143-215.34a){2) or Section 308 of the Federal
Act, 33 USC 1318, all reports'prepared in accordance with the terns 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.
Nan-Stormwater Discharge
If the storm event monitored in accordance with this Individual Permit coincides with anon-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 as.possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the Individual Permit or subject to
notification requirements under 40 CFR Part 122.42 (a)..
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes -at the permitted
facility which may result in noncompliance with the Individual Permit requirements.
Part III Page 7 of 8

Permit No. NCS000534
Spills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of 25
gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil. spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
8. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of.
the anticipated quality and affect of the bypass. _ is
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming awar-. of an
unanticipated bypass.
9. Twen -four Hour Reportin
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 frown
the time the pemuttee 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 tunes, 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.
r
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
11. . Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be
covered under this Individual Permit or in any report to the Director, it shall promptly submit such facts or
information.
Part III Page 8 of 8

NCS000534
PART W 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
t -
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other;requirements in the
Act then applicable. '
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS ,
u
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the Individual Permit.
PART -VI DEFINITIONS
1. Act _ -
See Clean Water Act.
2. Allowable Non-Stormwater Discharges'
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.
3. 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. More information on BMPs can be found at:
http://cfpub.epa.gov/npdes/stonnwater/menuofbmps/index.cfm.
4. 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.
5. 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.
Parts IV, V and VI Page I of 4

Permit No. NCS000534
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet. which accompanies the Individual Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC
1251, et. seq.
8. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources,
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
IL Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or
qualitatively) 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. Landfill -
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 yijection 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. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities include, but are not limited to, material handling equipment or activities
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR §122.26(g)
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's notice of
intent to seek coverage under an Individual Permit.
17, Permittee
The owner or operator issued a certificate of coverage pursuant to this Individual Permit.
Part VI Page 2 of Pages

Permit No. NCS000534
18, Point Source Dischar a 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.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of
no precipitation of up to I0 hours. For example, if it rains but stops before producing any collectable.discharge, a
sample may be collected if the next rain producing a discharge begins within 10 hours.
20. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single 'outfall is representative -of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number ofoutfalls. .
21. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
22. Section 313 Water Priority Chemical -
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. Meets at least one of the following criteria:
(1 ) •Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutjtn; ), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
r hazardous substances);
(2) Is listed -as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116A, or -
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
23. Severe Propcyy Dama e
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.
24. 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 released with stormwater discharges.
25. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
Part VI Page 3 of Pages

4-
Permit No. NCS000534
26. Stormwater Discharge Outfall (SDO
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from
which stormwater flows directly or indirectly into waters of the State of North Carolina.
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
rCsult of snowmelt.
28. Stormwater Associated with Industrial Activity
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
_c;)nsidered to be engaged in "industrial 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.
29. 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. ,
30_ Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific
water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at
'http://h2o.enr.state.ne.us/tmdl/)
31. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act,
32. VchiJe Maintenance Activity .. -
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
33. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
34. 25-year. 24 hour storm event
The maximum 24-hour precipitation event expected to be equated or exceeded, on the average; once in 25
years.
Part VI Page 4 of 4 Pages

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Govemor Director
DATE: March 17, 2010
TO: Fayetteville Observer
EMAIL: [e-mail]
FROM: SARAH YOUNG, DIVISION OF WATER QUALITY .
SUBJECT: PUBLIC NOTICE
PAGES: 1
Dee Freeman
Secretary
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by
Wednesday, February 17, 2010. Please fax a copy of the proof to me at [phone] for final approval prior
to publication. Within 10 days after publish date, please send the invoice and two copies of the original
affidavit to:
Sarah Young
NCDENRlDWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
NC DIVISION OF WATER QUALITY INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT
Public comment or objection to the draft permit is invited. Submit written comments to DWQ at the address below.
All comments received prior to March 19, 2010 will be considered in the final determination regarding permit
issuance and permit provisions.
Application: Clear Path Recycling, LLC, PO Box 2260 Leland, NC 28451 has applied for an NPDES permit to
discharge stormwater from an industrial facility at: Clear Path Recycling, 3468 Cedar Creek, Fayetteville, NC,
Cumberland County. The facility discharges to the Cape Fear River.
Copies of the draft permit, No. NCS000534, are available at: httpa/h2o.enr.state.nc.us/sutpublicnotice.htm .
Additional permit documents are available for the reproduction cost at:
DWQ Stormwater Permitting Unit
512 N. Salisbury Street (location, zip 27604)
1617 Mail Service Center (mail)
Raleigh, NC 27699-1617
DWQ Contact: Brian Lowther
(919)-807-6368
[e-mail]
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91H07-63001 FAX: [phone] Customer Service: 1$77-623-6748
Internet: www.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Adon Employer
NorthCarolina
NaturallY

AFFIDAVIT OF PUBLICATION
NORTH CAROLINA
Cumberland County
NO Division of Water
Quality Intent to
Issue A 5tormwater
Discharge Permit
public camme= or objective
to the draft Permit is united.
submit written eH..M'.4 to DWQ at the address be-
low. Ail oommeats 2010 zs-
2010 a to Mwch 19,
svID- be; considered in
the rural dctc=Miafim re-
gard� pe>mit ;ssoaoce
sad permit provkictas.
Appliwtioa=
clear pmh fceryclM1 1 rin
PO Boa 22% Leland, NC
28451 has spplied for ea
MT 9— to disti -
ctnmwata fiom an radio
trial facility ae Qcar Patb
Ccmbedand County. The
disrbargrs kr the
Cape ear Rtver.
Copies d the drdt pe® t.
No. NCS000534, are avails -
ble ut
hMWh2o-ata„ .uW
SuIpubknotice.Addirin®l pem+it docn -
meats are available forth
rgrodwtian cost ve
DAQ 9totmwrter
permitting Una
512 N. Salisbmy Street
(louts, zip 27604)
1617 Mazl Sc im Or. (mail)
Raleigh, NC 27699-1617
DWQContxt: Bdan Lowthc
(919)-W-6368
b iminunhrQLdetgo,
Before the undersigned, a Notary Public of said County and state, duly
commissioned and authorized to administer oaths, affirmations, etc.,
personally appeared. CINDY L. OROZCO
Who, being duly sworn or affirmed, according to law, doth depose and say
that he/she is LEGAL SECRETARY
of THE FAYETTEVILLE PUBLISHING COMPANY, a corporation organized
and doing business under the Laws of the State of North Carolina, and
publishing a newspaper known as the FAYETTEVILLE OBSERVER, in the
City of Fayetteville, County and State aforesaid, and that as such he/she
makes this affidavit; that he/she is familiar with the books, files and
business of said Corporation and by reference to the files of said publication
the attached advertisement of CL Line
NCDIVISIONOFWATERQUALITYINTENTTOISSUEASTORMWATERDISC
HARGEPERMITPUBLICCOMMENTOROBJECTIONTOTHEDRAFTPERMI
TISINVITEDSUBMITWRITTENCOM
of NC DEPT OF ENV & NAT RESOURC
was inserted in the aforesaid newspaper in space, and on dates as follows:
2/14/2010
id at the time of such publication The Fayetteville Observer was a
1wspaper meeting all the requirements and qualifications prescribed by
ac. No. 1-597 G.S. of N.C.
The above is correctly copied from the books and files of the aforesaid
arporation and publication. r�
Title
Cumberland County, North Carolina
Sworn or affirmed to, and subscribed before me, this 16 day
of February, A.D., 2010.
In Testimony Whereof, I have hereunto set my hand and affixed my
official seal, the,day and year aforesaid,.,
Kirsten E Speer, Notary Public
My commission expires 12th day of September, 2011
MAIL TO: NC DEPT OF ENV & NAT RESOURC
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-00001617
NOTARY
PUBLIC
.,���ND' lCG]` %%% '
0002138577

Beverly Eaves Perdue
Governor
MEMORANDUM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 10, 2010�Ck3 1
TO: Brian Lowther, Environmental Engineer
Stormwater Permitting Unit
D WQ Central Office
FROM: Michael Lawyer, Environmental Specialist
Surface Water Protection Section
Fayetteville Regional Office
THROUGH- Belinda S. Henson, Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
SUBJECT. Clear Path Recycling-NCS000534 Individual Stormwater Permit
Dee Freeman
Secretary
Please find enclosed comments from the Fayetteville Regional Office regarding the subject application for
coverage under an Individual Stormwater Permit. If any further information is needed, please contact Michael
Lawyer at 910-433-3329.
Enclosure
cc: FRO -Surface Water Protection
Location: 225 Green Street, Suite 714, FayettevlHe, North Carolina 28301 ol1e
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748 North Carof i n a
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Emplover Nrs tiL! ally

` NCS000534
Recommendations: Based on the documents reviewed, the application information submitted on September 11,
2009 sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) /�-- - w Date z S O
If I
Stormwater Permitting Unit Supervisor & c Date S /o
for adley Bennett
Concurrence by Regional Offic Date
RO Water Quality Supervisor Date
Regional Office Staff Comments (attach additional pages as necessary)
-Previous comments provided via e-mail to Ken Pickle concerning inappropriate applicability of
general permit coverage addressed with application for coverage under an Individual Stormwater
Permit
-Analytical monitoring parameters appear to be appropriate for facility based on description of
industrial activity and concerns regarding the nature of the "raw" materials and storage of acidic and
caustic compounds
-One item that does not appear to have been addressed in the draft permit is the schedule for
analytical monitoring based on the facility's approved request to begin storage of "raw"
materials prior to operation, see attached copies of e-mail correspondence between Mike Lawyer
and Ken Pickle
-Monitoring of stormwater outfalls under the responsibility of Clear Path Recycling vs. DAK
Americas should be addressed between the two companies and applicable outfall identification is
recommended to avoid duplication or neglect of required monitoring
-FRO recommends proceeding with permit issuance with consideration of the aforementioned
monitoring schedule change
Page 7of7 `

Lawyer, Mike
From: Pickle, Ken
Sent: Wednesday, November 18, 2009 9:39 AM
To: [e-mail]
Cc: Lawyer, Mike; Georgoulias, Bethany; [e-mail]; Jones, Jennifer; Bennett,
Bradley
Subject; Clear Path PET recycling facility
Elizabeth,
In response to questions from you and Mark, I've reviewed the reported circumstances with the Fayetteville Regional
Office. We're ok with the following course of action.
• You reported that you would like to begin accumulating feedstock inventory within the next two weeks and in
advance of actually operating the recycling process, and you requested our perspective on whether a
stormwater discharge permit would be required for that activity. DWQ concludes that you do not need an
NPOES stormwater discharge permit for that activity.
You reported that the recycling operation is scheduled to begin production in April 2010. I'm confident we will
have your stormwater permit issued on or before that time, and that we will not be the cause of a delay beyond
Apri12010.
it's likely we will include an earlier than usual sampling requirement for just the first period of the permit. I
mean, typically our individual permit template includes the requirement for a sampling result within the first 6
months after permit issuance, and every 6 months thereafter. The Fayetteville Regional Office has commented
that what appears to be the most significant potential source of stormwater pollution (the large area of exposed
storage of PET bottles) will be in place for as much as 5 months (Dec 2009 — April 2010) prior to operation, and
that it may be helpful to have the first sampling event within the first two or three months after permit issuance.
Please contact me if we need to discuss further this or related topics.
Thanks,
Ken Pickle
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be
disclosed to third parties.

Lawyer, Mike
From: Lawyer, Mike
Sent: Monday, November 16, 2009 3:05 PM
To: Pickle, Ken
Cc: Bennett, Bradley; Henson, Belinda; Georgoulias, Bethany
Subject: RE: Clear Path Recycling (DAK Americas site)
Sounds good Ken.
Thanks,
Mike
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct: [phone]
Main. [phone]
Fax: [phone]
e-mail: mike.lawyer u ncdenr.gov (please note that my e-mail address has changed)
"E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pickle, Ken
Sent: Monday, November 16, 2009 2:56 PM
To: Lawyer, Mike
Cc: Bennett, Bradley; Henson, Belinda; Georgoulias, Bethany
Subject: RE: Clear Path Recycling (DAK Americas site)
Thanks Mike,
Good idea. I'll work it in to the permit to require the first sampling significantly earlier than 6 months from issuance,
Ken
From: Lawyer, Mike
Sent: Monday, November 16, 2009 1:51 PM
To: Pickle, Ken
Cc: Bennett, Bradley; Henson, Belinda
Subject: RE: Clear Path Recycling (DAK Americas site)
Ken,
First, let me say thank you for including me (and the FRO) in your decision -making and thought processes. 1 think I'm
good with your proposal. My only concern (and it sounds like yours as well) would be the runoff quality from the bales
of plastic between now and time of permit coverage and not having any monitoring being conducted. However, with
semi-annual sampling, which I'm assuming will be the frequency in this permit, we allow for a 6 month window of time
to conduct monitoring and its basically 6 months between now and April 2010, so maybe not such a concern. On the flip

side,,once permit coverage is issued, there could be another 6 months before the first sampling event. is there any way
we could adjust the first sampling period to somehow reflect the preceding months between material storage and actual
operations? Or, require them to conduct monitoring even prior to permit coverage? If we're not monitoring them and
they are not monitoring themselves during this interim period, how would we know if they are causing any water quality
impacts?
Thanks,
Mike
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct. [phone]
Main: [phone]
Fax: [phone]
e-mail: [e-mail] (please note that my e-mail address has changed)
*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pickle, Ken
Sent: Monday, November 16, 2009 12:44 PM
To: Lawyer, Mike
Cc: Bennett, Bradley
Subject: Clear Path Recycling (DAK Americas site)
Mike,
I have the Clear Path recycling application on my desk that we talked about a few months ago. I've not made timely
progress on it. I hear from the applicant's contact person, Elizabeth Wike at DAK, that they would like to begin
accumulating materials on the big slab out there in a couple of weeks. Construction of the facility is either not
underway, or just beginning.
Elizabeth tells me that they will not be ready to operate until April 2010. I'll have no trouble issuing their individual NCS
stormwater permit by then. She, however, is concerned about the receipt of bales of plastic bottles prior to that time
(in the next couple of weeks.)
I have told Elizabeth that I'm of the opinion that I should send her an email advising her that the simple collection only of
inventory does not constitute, yet, an industrial activity that requires a stormwater permit. However, I want to check
with you first, since it's in your region, and since this is a sort of out -of -the -box situation.
My proposal: I send Elizabeth an email noting that she can go ahead and collect her feedstock on the big slab out there,
and that a stormwater permit is not required for that activity; conditional upon no substantive complaint or finding of
water quality impacts (I'm not suggesting that we should mount a sampling event at her site.) Essentially, until she
begins making a product, my call is that she is not a manufacturing activity, and doesn't need a permit. I'll have her full
NCS permit on or before April 2010. What I don't want to happen is for my tardiness to turn into a delay in this early
part of their new endeavor.
How does that work for you and FRO? Other perspectives?

Clear Path Recycling LLC
5925 Carnegie Blvd . Suite 500
Charlotte, NC 28209
704.940.7555 • fax [phone]
September 11, 2009
Mr. Ken Pickle
NC DENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Clear Path Recycling Individual Stormwater Permit Application
Dear Mr. Pickle:
Thank you for your comments on the Individual Stormwater Permit Application from Clear Path
Recycling LLC which was submitted to DWQ on August 6, 2009. This letter is to confirm that it
is the intention of CPR to apply for an individual stormwater permit and to resubmit the applica-
tion with the additional information you requested in your email of August 19.
So that you can process Clear Path's application for an individual stormwater permit:
a. The application fee of $860.00 is enclosed.
b. A site plan that shows the future, permitted industrial activity configuration is en-
closed.
c. The process chemicals and materials that may be onsite during the operation of the fa-
cility are listed below-
Chemical/Material
Maximum
Units
Storage
uantit
NaOH (50%)'
127,000
lbs
In a concrete containment area
west of the building
Sulfuric Acid 94%Z
102,000
lbs
In a concrete containment area
west of the building
Detergent (2% Caustic) 3
72,000
lbs
Inside Building
Master RP 10
Defoamer — ANS TH
2O,000
lbs
Inside Building
Wetting Agents - Master S4
4,000
lbs
Inside Building
Hocculant
12,000
lbs
Inside Building
PET Flake
1,000
tons
Silos — 4 — to be located on 40 ft. x
160 fl area shown on site plan.
PET Bales
25,000
tons
Outside on concrete or asphalt
1 MSDS for Caustic is attached.
Z MSDS for Sulfuric Acid is attached.
3 MSDS for Detergent is attached.
4 MSDS for Defoamer is attached.
5 MSDS for Wetting Agent is attached.

f /& / /01 � X�rs-p �
SY f p
bc2
/ -ct2tc f�,e
!4)A l,r, Act S
f
l�o�e ; n�CS �aO3$� is �•�
nPw Pr/m/ t 4
/Pdi �dfj IS

Chemicals are stored either inside one of the two process buildings or in concrete con-
tainment areas. Potential contamination from the PET bottles is minimal.
d. The area of the Cedar Creek site covered by this permit application is currently an ac-
tive eligible project in the NC Brownfields Program. DAK Americas, LLC is in pos-
session of a letter of eligibility from the NC Brownfields Program stating that the prop-
erty is eligible for a brownfield agreement with the state. DAK has been working with
the state to finalize a brownfields agreement. Previous industrial landowners have left
the site with some levels of contamination that are above the current NC standards.
The brownfields agreement will allow DAK and Clear Path to operate the site with this
contamination in place while taking the protective measures listed in the agreement.
e. DAK does not believe that there are any potential consequences of stormwater runoff
due to the site's previous industrial activity in the production of Roundup.
With regard to which stormwater outfall will belong to CPR and which ones will be-
long to DAK, see Table I in the application. DAK understands and acknowledges that
some of the outfalls that are in the process of being transferred from DAK's NPDES
permit to DAK's stormwater permit by DWQ will drain a portion of the CPR site. See
the drawing that shows the drainage area for each outfall.
2. If you need additional information to determine monitoring parameters at the site, please call
me at (910) 3714498 at my office or at [phone] on my cell.
With regard to the lease... Jennifer Jones had requested the lease to show that Clear Path Re-
cycling had acquired rights to this property and to demonstrate the relationship between DAK
and CPR. With regard to your comment about the "Brownfields Agreement Affidavit for a
parcel in Charlotte," I am uncertain what additional information you need. The Brownfields
Agreement discussed above is for the Clear Path Recycling facility in Fayetteville, NC; how-
ever, CPR does have a mailing address in Charlotte. Perhaps that is the source of the confu-
sion.
4. Clear Path Recycling recognizes that an individual stormwater permit is necessary at this
time. If, when the permit comes up for renewal or at some other point in the future, it makes
sense to pursue a General Permit, CPR will consider it then.
Sincerely, /J
6'beth Wike
Environmental Engineer

Page 1 of
MSDS NUMBER: CF0901 ISSUE DATE: 01/18/02
----------------------------------------------------------------------
CAUSTIC SODA, LIQUID 50%
CF0901 Revised 6-SEP-1993 Printed 18-JAN-2002
----------------------------------------------------------------------
----------------------------------------------------------------------
CHEMICAL, PRODUCT/COMPANY IDENTIFICATION
----------------------------------------------------------------------
Material Identification
Corporate MSDS Number : DU000034
Formula : NaOH
Molecular Weight : 40.01
CAS Name : SODIUM HYDROXIDE
Tradenames and Synonyms
SODIUM HYDROXIDE 50% COMMERCIAL GRADE
CAUSTIC 50s
Company Identification
MANUFACTURER/DISTRIBUTOR
DuPont Chemical Solutions Enterprise
1007 Market Street
Wilmington, DE 19898
PHONE NUMBERS
Product Information 1-800-441-7515 (outside the U.S.
302-774-1000)
Transport Emergency CHEMTREC 1-800-424-9300(outside U.S.
703-527-3887)
Medical Emergency 1-800-441-3637 (outside the U.S.
302-774-1000)
----------------------------------------------------------------------
COMPOSITION/INFORMATION ON INGREDIENTS
-----------------------------------------------------------------------
Components
Material
SODIUM HYDROXIDE
WATER
CAS Number %
1310-73-2 50
7732-18-5 50
----------------------------------------------------------------------
HAZARDS IDENTIFICATION
-----------------------------------------------------------------------
Potential Health Effects
INHALATION
Immediate effects of overexposure may include: Irritation of the
nose and throat with sneezing, sore throat or runny nose.
Repeated and/or prolonged exposure may cause: Chronic respiratory
irritation which may progress to abnormal tissue structure or
scarring; impaired lung function and breathing difficulty may
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result.
SKIN CONTACT
Immediate effects of overexposure may include: Skin corrosion,
burns or ulcers.
EYE CONTACT
Immediate effects of overexposure may include: Corneal opacity or
clouding of the eye. Eye corrosion or ulceration - blindness may
result.
INGESTION
L-nmediate effects of overexposure may include: Burns of the mouth,
throat, esophagus and stomach, with severe pain, bleeding,
vomiting, diarriaea and collapse of blood pressure - damage may
appear days after exposure.
ADDITIONAL HEALTH EFFECTS
Increased susceptibility to the effects of this material may be
observed in persons with pre-existing disease of the: lungs. An
in -plant case -control study of 26 kidney cancer deaths was
conducted at a facility which produced multiple chemicals
including chlor-alkali products, plastics, chlorine, ethylene and
ethylene glycol. Significantly elevated risk estimates were noted
for the chlorine production area. While presumptive exposure to
asbestos and sodium hydroxide were judged likely to occur in
chlorine cell maintenance, each case may also have been exposed to
at least one of 64 different chemicals. These increased risk
estimates are based on a small number of exposed persons and may
be invalid due to the problem of multiple comparisons_
Carcinogenicity Information
None of the components present in this material at concentrations
equal to or greater than 0.1% are listed by !ARC, NTP, OSHA or ACGIH
as a carcinogen.
----------------------------------------------------------------------
FIRST AID MEASURES
----------------------------------------------------------------------
First Aid
INHALATION
If inhaled, irunediately remove to fresh air. If not
breathing, give artificial respiration. If breathing is
difficult, give oxygen. Call a physician.
SKIN CONTACT
In case of contact, immediately flush skin with plenty
of water for at least 15 minutes while removing
contaminated clothing and shoes_ Call a physician. Wash
contaminated clothing and destroy contaminated shoes.
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EYE CONTACT
In case of contact, immediately flush eyes with plenty of
water for at least 15 minutes. Call a physician.
INGESTION
If swallowed, do not induce vomiting. Give large
quantities of water. Call a physician. Never give
anything by mouth to an unconscious person.
----------------------------------------------------------------------
FIRE FIGHTING MEASURES
----------------------------------------------------------------------
Flammable Properties
Flash Point : Will not burn
Fire and Explosion Hazards:
Contact with aluminum, tin, and zinc metals can generate
flammable and explosive hydrogen gas. Follow appropriate
National Fire Protection Association (NFPA) codes.
Extinguishing Media
Use media appropriate for surrounding material.
Fire Fighting Instructions
Evacuate personnel to a safe area. Keep personnel removed
and upwind of fire. Wear self-contained breathing
apparatus. Wear full protective equipment. Cool
tank/container with water spray. Do not get water inside
container. Fight fire from a distance, heat may rupture
containers.
----------------------------------------------------------------------
ACCIDENTAL RELEASE MEASURES
----------------------------------------------------------------------
Safeguards (Personnel)
NOTE: Review FIRE FIGHTING MEASURES and HANDLING (PERSONNEL)
sections before proceeding with clean-up. Use appropriate
PERSONAL PROTECTIVE EQUIPMENT during clean-up.
Accidental Release Measures
Evacuate area and remain upwind. Wear full protective
clothing with hood and breathing air supply. Dike spill and
soak up with sand, earth, or other inert absorbant. Shovel
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up and remove. Prevent liquid from entering sewers,
waterways, or low areas.
The Superfund reportable discharge is 1,000 lbs.
Small spills of caustic soda should be carefully flushed
with water. Dilute acid, preferably acetic acid, may be
used to neutralize the final traces of caustic after
flushing.
----------------------------------------------------------------------
HANDLING AND STORAGE
----------------------------------------------------------------------
Handling (Personnel)
Do not breathe vapor or mist. Do not get in eyes, on skin, or on
clothing. Wash thoroughly after handling.
Handling (Physical Aspects)
Close container after each use.
Storage
Keep container tightly closed.
Store in clean, dry place to keep drums from rusting. Keep
drums in upright position. Do not roll on side. Do not
store with aluminum or magnesium. Do not mix with acids or
organic materials. Use only dry, clean utensils in
handling. Wash thoroughly after handling.
----------------------------------------------------------------------
EXPOSURE CONTROLSMERSONAL PROTECTION
----------------------------------------------------------------------
Engineering Controls
Keep container tightly closed.
Use sufficient ventilation to keep employee exposure below
recommended exposure limits.
Personal Protective Equipment
EYE MACE PROTECTION
Wear safety glasses with side shields or, where the
possibility exists for eye or face contact due to splashing
or spraying of the material, wear coverall chemical splash
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goggles/full-length face shield combination.
RESPIRATORS
A NIOSH approved air purifying respirator with a
dust/mist cartridge or canister may be permissible under
certain circumstances where airborne concentrations are
expected to exceed exposure limits. Protection provided by
air purifying respirators is limited. Use a positive
pressure air supplied respirator if there is any potential
for an uncontrolled release or any other circumstances where
air purifying respirators may not provide adequate
protection.
PROTECTIVE CLOTHING
Wear acid resistant gauntlet gloves, apron, and boots.
Where there is a possibility of considerable exposure, wear
a complete acid suit with hood, boots, and gloves.
n Exposure Guidelines
Applicable Exposure Limits
SODIUM HYDROXIDE
PEL (OSHA) 2 mg/m3, 8 Hr. TWA
TLV (ACGIH) 2 mg/m3, Ceiling
AEL * (DuPont) 2 mg/m3, 15 minute TWA
* AEL is DuPont's Acceptable Exposure Limit. Where governmentally
imposed occupational exposure limits which are lower than the PEL
are in effect, such limits shall take precedence.
----------------------------------------------------------------------
PHYSICAL AND CHEMICAL PROPERTIES
----------------------------------------------------------------------
Physical Data
Boiling Point 142 C (288 F) @ 760 mm Hg
Vapor Pressure : 2.9 mm Hg @ 25 C (77 F)
18 mm Hg @ 65.5 C (149.9 F)
Melting Point 13 C (55 F)
Solubility in Water Infinite
pH >12
Odor None
Form Liquid
Color Clear to slightly turbid
Specific Gravity : 1.530 @ 20C (68F)
----------------------------------------------------------------------
STABILITY AND REACTIVITY
----------------------------------------------------------------------
Chemical Stability
Stable under normal storage and handling conditions.
Decomposition
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Decomposes by reaction with amphoteric metals such as
aluminum, tin, and zinc to form flammable and explosive
hydrogen gas.
Polymerization
Polymerization will not occur.
Other Hazards
Incompatibility : Incompatible with acid, aluminum, copper,
tin, zinc, wool, leather, hydroquinone,
organic halogens, organic peroxides,
phosphorous, explosives, carbohydrates,
nitrocarbons, trichloroethylene, and
organic acid esters. Product absorbs
water and carbon dioxide from the air.
Reaction with water produces heat.
CAUTION:
This incompatibility list is not all inclusive. Sodium
Hydroxide will react violently with acids and many organic
chemicals_ These highly exothermic reactions may lead to
pressure build-up and possible explosion.
----------------------------------------------------------------------
TOXICOLOCICAI INFORMATION
----------------------------------------------------------------------
Animal Data
Oral AID: 500 mg/kg in rabbits
Sodium hydroxide is corrosive to skin and eyes in tests with
laboratory animals. Toxic effects described in animals from
short inhalation exposures include acute laryngitis. By
ingestion, effects in rats included extensive necrosis of
the gastric mucosa. Esophageal necrosis and death occurred
in cats administered 1 mL of a 30.5% solution.
Animal testing indicates that this compound does not have
carcinogenic effects. Tests in bacterial or mammalian cell
cultures demonstrate no mutagenic activity.
-----------------------------------------------------------------------
ECOLOGICAL INFORMATION
----------------------------------------------------------------------
Ecotoxicological Information
Aquatic Toxicity
48-hour TLm, bluegill sunfish: 99 mg/L
96-hour TLm, mosquito fish 125 mg/L
----------------------------------------------------------------------
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DISPOSAL CONSIDERATIONS
----------------------------------------------------------
Waste Disposal
Cleaned -up material may be an RCRA Hazardous Waste.
Treatment, storage, transportation and disposal must be in
accordance with applicable Federal, State, and local
regulations. Do not flush to surface water or sanitary
sewer system.
----------------------------------------------------------------------
TRANSPORTATION INFORMATION
----------------------------------------------------------------------
Shipping Information
DOT/IMO
Proper Shipping Name
Hazard Class
UN No.
DOT/IMO Label
Packing Group
Shipping Containers
Tank Cars.
Tank Trucks.
SODIUM HYDROXIDE SOLUTION
8
024
CORROSIVE
Ii
Reportable Quantity : 1,000 lbs. (454 kg)
----------------------------------------------------------------------
REGULATORY INFORMATION
----------------------------------------------------------------------
U.S. Federal Regulations
TSCA inventory Status : Reported/Included.
TITLE III HAZARD CLASSIFICATIONS SECTIONS 311, 312
Acute
Yes
Chronic
No
Fire
No
Reactivity
Yes
Pressure
No
LISTS:
SARA Extremely Hazardous Substance -No
CERCLA Hazardous Material -Yes
SARA Toxic Chemical -No
----------------------------------------------------------------------
OTHER INFORMATION
----------------------------------------------------------------------
NFPA, NPCA-HMIS
NFPA Rating
Health
: 3
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Flammability : 0
Reactivity : 1
NPCA--HMIS Rating
Health : 3
Flammability : 0
Reactivity : 1
Personal Protection rating to be supplied by user depending on use
conditions_
Additional Information
NSF LIMITS:
NSF Maximum, Drinking Water Use Concentration: 100 mg11 as
sodium hydroxide.
The data in this Material Safety Data Sheet relates only to the
specific material designated herein and does not relate to use in
combination with any other material or in any process.
Responsible for MSDS : MSDS Coordinator
> : DuPont Chemical Solutions Enterprise
Address : Wilmington, DE 19696
Telephone : [phone]
47 Indicates updated section.
http://dakwebapp.dakamericas.com/msds/msds/cf09O Uxt 9/11/200

Page 1 of
MATERIAL SAFETY DATA SHEET
EM SCIENCE
11. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION
Manufacturer .............: Preparation Date.: 7/21/00
A Division of EM Industries Information Phone Number.: 856-423-6300
P.O. Sox 70 Hours: Mon. to Fri. 8:30-5
480 Democrat Road Chemtrec Emergency Number: 800-424-9300
Gibbstown, N.J. 08027 Hours: 24 hrs a day
SX1244 SX12441 714 SX1242 SX1244PC SX1244Y 748 732 SX1244T SX1244TP
SX1242U SX1244PS SX1247 SX1244LA 1.59425 ACS897 VW6340
Sulfuric Acid
Oil of Vitriol
Mineral Acid
H2SO4
2. COMPOSITION / INFORMATION ON INGREDIENTS
Component CAS Appr $
7664-93-9 100€
Approximate per cent indicates that this product is a
concentrated acid. Sulfuric acid is approximately 95-98%.
EMERGENCY OVERVIEW
CAUSES SEVERE BURNS.
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
MAY CAUSE DAMAGE TO RESPIRATORY PASSAGES AND LUNGS.
REACTS VIOLENTLY WITH WATER.
STRONG OXIDIZER_
Clear, colorless viscous liquid; sharp odor
POTENTIAL HEALTH EFFECTS (ACUTE AND CHRONIC)
Symptoms of Exposure:
Causes severe burns on contact with any body tissue.
Possibly fatal by inhalation or ingestion.
Inhalation of mist may damage respiratory tract and lungs.
Respiratory conditions
Routes of Entry:
Carcinogenicity:
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
4. FIRST AID MEASURES
GET MEDICAL ASSISTANCE FOR ALL CASES OF OVEREXPOSURE.
Skin: Immediately flush thoroughly with large amounts of water.
Eyes: Immediately flush thoroughly with water for at least 15
Inhalation: Remove to fresh air; give artificial respiration if
Ingestion: Do NOT induce vomiting; dilute by giving milk or water
if conscious; get medical attention immediately.
Flash Point (F) . . . . Noncombustible
Flammable Limits LEL {$}: N/A
Flammable Limits UEL {$}: N/A
Extinguishing Media .
Dry chemical or sand; DO NOT USE WATER OR FOAM
Fire Fighting Procedures:
Wear self-contained breathing apparatus and protective clothing.
Reacts with most metals to form explosive hydrogen gas which
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Page 2 of
can form explosive mixtures with air. May ignite combustible
6. ACCIDENTAL RELEASE MEASURES
Spill Response:
Evacuate the area of all unnecessary personnel.
Wear suitable protective equipment listed under Exposure /
Eliminate any ignition sources until the area is determined to be
Contain the release and eliminate its source, if this can be done
Take up and containerize for proper disposal as described under
Comply with Federal, State, and local regulations on reporting
releases. Refer to Regulatory Information for reportable
EM SCIENCE recommends SPILL-X neutralizers and absorbent agents
Additional information on the SPILL-X products can be provided
through the EM SCIENCE Technical Service Department
The following EM SCIENCE SPILL-X neutralizer and absorbent is
SX0861 Spill-X-A Acid Spill Treatment Kit
7. HANDLING AND STORAGE
Handling & Storage:
Keep container closed and protected against physical damage.
Keep upright; separate from all incompatible materials,
combustible materials and oxidizing agents.
When diluting: add acid to water; NEVER ADD WATER TO ACID.
Do not get in eyes, on skin, or on clothing.
Retained residue may make empty containers hazardous; use
8. EXPOSURE CONTROLS / PERSONAL PROTECTION
ENGINEERING CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT:
Ventilation, Respiratory Protection, Protective Clothing, Eye Protection:
Respiratory Protection: If workplace exposure limit(s) of product
or any component is exceeded (see TLV/PEL), a NIOSH/MSPA approved
air supplied respirator is advised in absence of proper
environmental control. OSHA regulations also permit other
NIOSH/MSHA respirators (negative pressure type) under specified
conditions (see your safety equipment supplier). Engineering
and/or administrative controls should be implemented to reduce
Material must be handled or transferred in an approved fume hood
Protective gloves must be worn to prevent skin contact
Impervious protective clothing should be worn to prevent skin
Safety glasses with side shields must be worn at all times.
Wash thoroughly after handling.
Do not take internally.
Eye wash and safety equipment should be readily available.
OSHA - PEL:
TWA SiEL CL
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1
TWA STEL CL
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1 3
If there are no exposure limit numbers listed in the Exposure Guidelines chart, this indicates t
9. PHYSICAL AND CHEMCIAL PROPERTIES
Melting Point (C)_ . . .
Specific Gravity (H20 =
Vapor Pressure (a�Ln Hg).
Percent Volatile by vol
Vapor Density (Aix = 1).
Evaporation Rate (BuAc =
Solubility in Water {�)
A
_10C
1) 1.844 16/16C
1 146C
M : N/A
. . N/A
1): <1
. . Miscible
PPearance
Clear, colorless viscous liquid;
sharp odor
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Stability: Yes
Hazardous Polymerization:
Hazardous Decomposition:
SOx, Hydrogen (in presence of metals)
Adding water to acid can cause violent, exothermic reaction,
possibly causing fire. Can react violently with alkalies.
(X) Water
(X) Bases
( ) Corrosives
(X) Other: Reducing agents, metal powders, carbides, acetic
11. TOXICOLOGICAL INFORMATION
Toxicity Data
orl-rat LD50: 2140 mg/kg ihl-gpg LC50: 18 mg/cu.m.
Test on laboratory animals indicate material may produce adverse
Cited in Registry of Toxic Effects of Chemical Substances (RTECS)
EPA Waste Numbers: D002
Treatment:
Specified Technology - Neutralize to pH 6-9. Contact your local
permitted waste disposal site (TSD) for permissible treatment
ALWAYS CONTACT A PERMITTED WASTE DISPOSER (TSD) TO ASSURE
COMPLIANCE WITH ALL CURRENT LOCAL, STATE AND FEDERAL REGULATIONS.
DOT Proper Shipping Name:
Sulfuric Acid
UN1830
TSCA Statement:
The CAS number of
this product
is listed on
the TSCA Inventory.
SARP_
SARA
CERCLA
Component
EHS
EHS TPQ
RQ
(302)
(lbs)
(lbs)
Y
1000
1000
OSHA SARA DeMinimis
Component Floor List 313 for SARA 313
Y Y 1.0
If there is no information listed on the regulatory information chart, this indica-es that the c
Comments:
NFPA Hazard Ratings:
Health : 3
Reactivity : 2
Revision History: 6/13/00 8/l/81 8/1/84 4/17/86 12/6/86 6/19/87
10/27/87 1/26/88 9/26/88 3/1/91 5/31/91 11/26/91 5/11/93 3/3/94 4/19/94
j = Revised Section
N/A = Not Available
The statements contained herein are offered for informational purposes only and
are based upon technical data that EM SCIENCE believes to be accurate. It is
intended for use only by persons having the necessary technical skill and at
their own descretion and risk. Since conditions and manner of use are outside
our control, we make NO WARRENTY, EXPRESS OR IMPLIED, OR MERCHANTABILITY,
FITNESS OR OTHERWISE.
http://dakwebapp.dakamericas.com/msds/msds/cc0132_htm 9/11/200

Industrial Solutions
Master RP10
Liquid cleaner for plastic
recycling process
Description
Master RP 10 is an alkaline cleaner, specifically formulated for the removal of glue, labels and organic
residuals from plastic including HDPE and PET bottles.
Master RP 10 is free of NPE, APE and other potentially harmful raw materials.
Master RP 10 allows the removal of glues and their dispersion, reducing the possibility of re -deposition.
ApOication Master RP 10 is particularly suitable for the recycling PET from mixed
plastics. Master RP 10 is specific for high turbulence washing plants.
Operating data
• Operating concentration 18 — 25 gA
• Application temperature 85 — 95 °C
41 pH at workin concentration about 127
Operating time 3 — 8 min.
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9 11
AsSistena Teefti=: Te[..39.032t.7897%0 - UK+c Cacranetmli: Tel. +39.t1321.; 69: Ga -Fax: +39.g21.; 89%65
AM bienta a Sicvmuw Tel, 49.']3247@9a- o - s2lesmet3madernid.aon - www.macdernkl.00m N • ., . -w .• ��

Master RP 10 Page 2
Application procedure
All plant structures and fittings may be made of steel.
Add slowly to water the required amount of product whist mixing effectively to produce a homogeneous
solution.
Following this a solution analysis should be carried out in order to confirm the solution concentration.
Solution control
• Take 10 ml of Master RP 10 solution to be tested.
• Add 20 ml of deionised water and 5-8 drops of bromocresol green.
• Titrate with 0.1 N (N110) hydrochloric acid until colour changes from blu to yellow.
• ml of 0.1 N acid x 5.5 = gfl Master RP 10
Effluent
It is recommended that wastewater treatment be carried out to conform to the specific requirements of the
local authority. Advice on how to meet these requirements, once known, can be obtained from
MacDermid.
Safety in handing and use
Refer to relevant Material Safety Data Sheets.
Note
MacDermid gives no warranty, express or implied, and all products are sold upon condition that
purchasers will make their own tests to determine the quality and suitability of the product. MacDermid
shall be in no way responsible for the proper use and service of the product. Any information or
suggestions given are without warranty of any kind and purchasers are solely responsible for any loss
arising from the use of such information or suggestions.
Ar", In W Macl)ermid IW=a s_r.t, Metallurgy - V'm Yugevano. 61 •28C69 SAN MARTM DI TRECATE (NO) • I *
�� �g k
A555tErti 3eurica; Te1..33.0321.7$577D • tJlflti r.Om=nerCfAL": TaE. a39.0321.7E�}7b0 -fax: a38.G32i.789765
Rrrbidu9SicurenaTel- .::3Crm2 7&q,-.A•salesmetermcdermid,mm-v ,macaernidzcn ..- r,�.-�....

REVISION DATE: 11/01/05
SAFETY DATA SHEET
MASTER RP 10
"1 IDENTIFICATION OF THE-SUBSTANCEIPREPARAT{ON AND COMPANYIUNDERTAKING:
PRODUCT NAME
PRODUCT NO.
APPLICATION
SUPPLIER
EMERGENCY TELEPHONE
MASTER RP 10
MSGBNOg 182, DSG8 N09182
Plastic recycling cleaner
MacDermid plc
Palmer Street
Bordesley
Birmingham
89 4EU
[phone] a100
[phone]
":2 COMPOSMONANFORMATION ON INGREDIENTS
Marne " tY -
EC Na
CA5-No ,
Content
Classlficahon
POTASSIUM HYDROXIDE
215-181-3
1310-58-3
5-10%
C;R35 Xn;R22
The Full Text for all R-Phrases are Displayed in Section 16
•l3 HAZARDS IDENTIFICATION ,
x,
Causes severe bums.
CLASSIFICATION C;R35,
FIRST=AID.MEASURES
GENERAL INFORMATION
Remove affected person from source of contamination. Chemical bums must be treated by a physician.
INHALATION
Move the exposed person to fresh air at once. Rinse nose and mouth with water. Get medical attention immediately!
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical_ Rinse nose, mouth and throat with water.
Do not induce vomiting- If vomiting occurs, the head should be kept low so that stomach vomit doesn't enter the lungs. Get medical
attention irnmedlately!
SKIN CONTACT
Remove affected person from source of contamination, Promptly wash contaminated skin with water. Promptly remove clothing if $caked
through and wash the skin with water. Get medical attention immediately.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes and get medical attention. To
hospital or eye specialist
5 FIRE -FIGHTING. MEASURES; -
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Beware, risk of formation of toxic and corrosive gases_ Keep run-off water out of sewers and water sources.
Dike for water control. If risk of water pollution occurs. notify appropriate authorities_
UNUSUAL. FIRE & EXPLOSION HAZARDS
Beware, risk of formation of toxic and corrosive gases.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wom in case of fire.
.'•., 6 ACCIDENTAL RELEASE MEASURES . . _• • - ' _ :.: . - - -
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet. Eye contact MUST be prevented by means of suitable personal
protection equipment. Avoid inhalation of vapours and contact with skin and eyes.
11 4

REVISION DATE: 11/01105
MASTER RP 10
ENVIRONMENTAL PRECAUTIONS
Collect and dispose of spil age as indicated in section 13- Do not discharge into drams, wa'er courses or onto the ground. Avoid discharge
to the aquatic environment.
SPILT. CLEAN UP METHODS
Wear necessary protective equipment. Absorb with inert, damp, non-combustible material, then flush area with water. Collect spillage in
containers, seat securely and deliver for disposal according to local regulations. Containers with collected spillage must be properly
labelled with correct contents and hazard symbol. Runoff or release to sewer, waterway or ground is forbidden. Inform Authorities if large
amounts are involved.
7. HANDLING AND STORAGE :__ r e .'" ,bZ,
USAGE PRECAUTIONS
Avoid spilling, skin and eye contact. Do not handle broken packages without protective equipment. Use mechanical ventilation in case of
handling which causes formation of vapours. Avoid eating, drinking and smoking when using the product. Observe good industrial hyg'ene
practices -
STORAGE PRECAUTIONS
Store in tightly closed original container in a cool, dry welt -ventilated place. Keep above the chemical's freezing paint to avoid rupturing the
container. Keep separate from food, feedstuffs, fertilisers and other sensitive material. Storage temperature; min 5°C max 35°C
STORAGE CLASS
Corrosive storage.
I'8 WICISURE CONTROLSfPERSONAL PROTEGTIQ,N
~'
" `
Name .- .: ._, . ss `�
Std `, _ :
LT _' PPrrt
LT - rsiglm3 ST ppm
ST-inglrEr3
PO i A551ifM HYDROXIDE
OES
2 mglm3
PROTECTIVE EQUIPMENT
�ek
MEFWIIM• i
vur
ENGINEERING MEASURES
Provide adequate ventilation, including appropriate local extraction, to ensure that the defined occupational exposure limit is not exceeded.
All handling to take place in well -ventilated area.
RESPIRATORY EQUIPMENT
If ventilation is insufficient, suitaele respiratory protection must be provided. Seek advice from supervisor or, the companies respiratory
protection standards.
HAND PROTECTION
Protective, gloves must be used if there is a risk of direct contact or splash. Seek advice from local supervisor. Use protective gloves made
at Rubber, neoprene cr PVC.
EYE PROTECTION
Use safety goggles and face shield in case of splash risk.
OTHER PROTECTION
Provide eyewash station and safety shower. Wear appropriate clothing to prevent any possibility of liquid contact and repeated or
prolonged vapour contact.
HYGIENE MEASURES
Wash at the end of each work shift and before eating. smoking and using the toilet. Wash promptly if skin becomes wet or contaminated -
Promptly remove non -impervious clothing that becomes wet. Contaminated clothing to be placed in closed container until disposal or
dpcnntaminntion. Wam cleaning personnel of chemical's hazardous properties. Eating, smoking and water fountains prohibited in
immediate work area.
9 PHYSICAL"AND CHEMICAL PROPERTIES , ' -
APPEARANCE
Liquid
COLOUR
Ccieuriess
ODOUR
Characteristic
SOLUBILITY
Miscible with water.
RELATIVE DENSITY
1.137 20'C pH -VALUE, DILUTED SOLUTION 12 1%
-'-10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Avoid excessive heat for prolonged periods of time.
21 4

REVISION DATE: 11101/05
MASTER RP 10
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
:, 11 TOXI, ALiINFORMATIOId__r .._.,.' nP.
TOXIC DOSE 1 - LD.50 > 2000 mg/kg (oral rat)
TOXIC CONG. - LC 50 >5 mg/114h (inh-rat)
INHALATION
Vapours may irritate throat and respiratory system and cause coughing. May Cause damage to mucous membranes in nose, throat, lungs
and bronchial system_
INGESTION
Causes severe burns. May cause chemical bums in mouth, oesophagus and stomach_ Swallowing concentrated chemical may cause
severe internal injury.
SKIN CONTACT
Causes severe burns. May cause serious chemical bums of the skin.
EYE CONTACT
Causes severe burns. Vapour or spray may cause eye damage, impaired sight or blindness. Contact with concentrated chemical may very
rapidly cause severe eye damage, possibly loss of sight.
12ECOLOGICAL INFORMATION ' '
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 50,96 Hrs, FISH mgA > 100
EC 50,48 Hrs, DAPHNIA, mgll > 100
IC 50, 72 Hrs, ALGAE, mgA > 100
`_ ,:13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste is classified as special waste. Disposal to licensed waste disposal site in accordance with the local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Dispose of waste and residues in accordance with local authority
requirements. Do not allow runoff to sewer, waterway or ground_
.:7`14 TRANSPORT.. IN FORMATION -
'` r
PROPER SHIPPING NAME
Corrosive liquid, n.o.s. (contains potassium hydroxide)
UN NO_ ROAD
1760
ADR CLASS NO.
8
ADR CLASS
Gass 8: Corrosive substances.
ADR PACK GROUP
ii
HAZARD NO. (ADR)
80 Corrosive or slightly
CEFIC TEC(R) NO.
80GC9
corrosive substance.
UN NO. SEA
1760
IMDG CLASS
8
IMDG PACK GR.
II
EMS
F-A, S-B
MARINE POLLUTANT
No,
UN NO. AIR
1760
ICAO CLASS
8
AIR PACK GR.
11
15 REGULATORY INFORMATION -
LABELLING
31 4

REV15ION DATE: 11/01/05
MASTER RP 10
Corrosive
CONTAINS POTASSIUM HYDROXIDE
RISK PHRASES
SAFETY PHRASES
R35 Causes severe bums_
S26 In case of contact with eyes, rinse immediately with plenty of water and seek medical
advice.
S45 In case of accident or if you feel unwell, seek medical advice immediately (show label
where possible).
S24125 Avoid contact with skin and eyes.
S36137139 Wear suitable protective clothing, gloves and eyelface protection_
S60 This material and its container must be disposed of as hazardous waste.
EU DIRECTIVES
2001I59CE. 199914510E,200110E, 2001160CE, 2001158CE
16 OTHER INFORMATION - 4r
ISSUED BY
HS&E Manager.
REVISION DATE 11/01105
REV. NOJREPL. SDS GENERATED 2
DATE 11/01105
SIGNATURE Dott Norberto Gallina
SIGNATURE 2 Id
RISK PHRASES IN FULL
R22 Harmful if swallowed.
R35 Causes severe bums.
41 4

ANS TH
f mac DerM id
Antifoam for PET recycle
A SPECIALTY CHEMICAL COMPANY treatment
divisione Wes °
DESCRIPTION Ans TH is a product particulary formulated for PET
recycle treatment.
APPLICATION
OPERATING DATA
This product is used in washing caustic stage.
The presence in formula of modified siloxane, grant an
high defoaming power in caustic solution.
Ans TH formulations is in compliance with:
21 CFR 176.210 (FDA)
XIV (BGA)
For PET treatment and mixed plastics.
Ans TH is used in washing PETIPE plant.
Operating concentration:
Application temperature
100 - 200 ppm
<90°C
Work concentrations can change depending on type
solution to which add product and foaming control that
you want to obtain.
We suggest to disperse Ans TH in water solutions
before use.
APPLICATION PROCEDURE All structures plant can be made of steel.
Add slowly to water Ans TH and stir solution.
MacDermid rrALLANA S.R L. - Via Vi;evmo. 61-1-28069 sA-N ,LkRTr.-O DI TRE.CATE (`O) - UffComm_ +39.0321-789760 - Fax +3M321.78976?

SOLUTION CONTROL The amount of Ans TH used is in relation to the
amount of PET/PE treated.
Automatically dosage of the product is possible.
WASTE TREATMENT Solution degradation time is connected with the
amount of material treated.
When the operational and time limits will be reach
dispose of the exhaust solution in a suitable waste
water plant.
STORAGE AND HANDLING Masco recommends that the company/operator read
PRECAUTIONS and review the Safety Data Sheet for the appropriate
health and safety before use.
Edition of 25 .January 2002

REVISION DATE: 11105M06
SDS No.: 15209
SAFETY DATA SHEET
ANS TH
1 IDENTIFICATION OF THE SUBSTANCEIPREPARATION AND COMPANYIUNDERTAKING
PRODUCT NAME
ANS TH
PRODUCT NO.
MRCXR09195
APPLICATION
Antifoam - Silicone based
SUPPLIER
MacDermid pic
Palmer Street
Bordesley
Birmingham
B9 4EU
[phone]
EMERGENCY TELEPHONE
24 Hour Emergency Incident Number [phone]M
2 COMPOSIT1ONANFORMATION ON INGREDIENTS
Name ",;_ i -.-
EC No :;
CA5-Na ,,.
Content
Classification ::
SILICONE ANTIFOAM
10-30%
The Full Text for all R-Phrases are Displayed in Section 16
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues_
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Get medical attention.
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with soap and water. Get medical attention if any discomfort continues.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes. Contact physician if discomfort
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep runoff water out of sewers and water sources. Dike for water control.
SPECIFIC HAZARDS
Fire or high temperatures create: Oxides of: Carbon.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wcm in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do not allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runoff or release to sewer, waterway or ground is forbidden_ Absorb in vermiculite, dry sand or earth and place into containers.
11 4

REVISION DATE: 11105/2006 SDS No.: 15209
ANS TH
7 HANDLING AND STORAGE
USAGE PRECAUTIONS
Avoid inhalation of vapoursfsaray and contact wifri skin and eyes. Avoid eating, drinking and snicking when using the product. Qbserie
good industrial hygiene practir..es.
STORAGE PRECAUTIONS
Keep separate from food, feedstuffs. fertilisers and other sensitive material- Protect from Freezing
STORAGE CLASS
Chemical storage -
MIN. STORAGE TEMP ("C) 5
MAX. STORAGE TEMP (°C) 35
8 EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
RESPIRATORY EQUIPMENT
In case of inadequate ventilation use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended.
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact
OTHER PROTECTION
Provide eyewash station- Wear appropriate clothing to prevent any possibility of skin contact
HYGIENE MEASURES
No specific hygiene procedures noted, but good personal hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each work shift and befora eating. smcking and using the toilet
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE
liquid
COLOUR
Milky.
ODOUR
Slight odour
SOLUBILITY
Disperses in water
RELATIVE DENSITY
1.00 pH -VALUE, CONC. SOLUTION T5
FLASH POINT (°C)
> 100
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Not known.
MATERIALS TO AVOID
No inccmpati le grcups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LD 50 >2000 mglkg (oral rat)
TOXIC CONC. - LC 50 >20 mg/U4h (inh-rat)
2/ 4

REVISION DATE: 11105/2006 SDS No.: 15209
ANS TH
INHALATION
No specific health warnings noted.
INGESTION
May cause discomfort if swallowed. Nausea, vomiting.
SKIN CONTACT
No specific health warnings noted.
EYE CONTACT
No specific health warnings noted.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous_ However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 60, 96 Hrs, FISH mgll > 100
EC $0, 48 Hrs, DAPHNIA, mg11 > 100
IC $0, 72 Hrs, ALGAE, mg/1 > 100
BIOACCUMULATiON
No data available on bioaccumulaton.
WATER HAZARD CLASSIFICATION
WGK1
13 DISPOSAL CONSIDERATIONS
05NERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements.
14 TRANSPORT INFORMATION
GENERAL The product is not covered by international regulaticn on the transport of dangerous goods (IMDG. IATA.
ADR/RID).
IS REGULATORY INFORMATION
RISK PHRASES
NO Not classified.
EU DIRECTIVES
Dangerous Substance Directive 6715481EEC. Dangerous Preparations Directive 19991451EEC_ System of specific information relating to
Dangerous Preparations. 2001l581EEC_ Also in accordance with 20011601EC & 20041731EC
16 OTHER INFORMATION
ISSUED BY
HS&E Manager.
REVISION DATE 11105f2006
REV. NOJREPL. SDS GENERATED 0
DATE 1110512006
SIGNATURE Doti Norberto Gailina
SIGNATURE 2 Id
RISK PHRASES IN FULL
NO Not classified.
3/ 4

REVISION DATE: 11105MO6 SOS No.: 15209
ANS TH
DISCLAIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any other materials cr in any process. Such information is, to the best of the company's knowledge and belief. accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the user's responsibility to satisfy himself as to the suitability of such information for his own particular use.
41 4

Mac Dermid MASTER S 4
NEIA SPECIALTY CHEMICAL COMPANY Additive for PET
V"N recycling process.
divisione -
DESCRIPTION Master S 4 is a product particulary formulated for
recycling PET.
A particular mixture of surfactant and heavy
emulsifier make PET separation easier from other
plastic materials.
Polisiloxane derivates are present in the formula to
grant higher defoaming.
APPLICATION Separating PET from mixed PET/PE plastic
recycling plants.
OPERATING DATA Ranee Optimum
Concentration: 10 - 100 ppm 50 ppm
Temperature: 20 - 50 °C 35 °C
Concentratios vary with desired results.
Master S 4 can be pre-disolved in water prior to
adding to tank
APPLICATION PROCEDURE Mild steel equipment required.
Add Master S 4 slowly to water while stiring.
MacOerrnid rr.kuA A S.RL. - Via Vigevano, 61-1.28069 SA-N NL-%RTL`D DI TRECATE (-O) - UfiCan= +39.0321-789i60 -Fax [phone]

SOLUTION CONTROL The amount of Master S 4 used is proportional to the
amount of PET/PE treated.
WASTE TREATMENT
STORAGE AND HANDLING
PRECAUTIONS
Latest revision: April 9,2001
Automatic dosing of this product is possible.
Dispose in accordance with local authority.
Carefully review material Safety Data Sheet prior to
use.

REVISION DATE: 19110/2006
SDS No.: 14270
SAFETY DATA SHEET
MASTER S4
I IDENTIFICATION OF THE SUBSTANCE/PREPARATION AND COMPANYIUNDERTAIVNG
PRODUCT NAME
MASTER S4
PRODUCT NO.
MRCXR09037, DRCXR09037. 162355
APPLICATION
Floating
SUPPLIER
MacDermid pic
Palmer Street
Bordesley
Birmingham
139 4EU
[phone]
EMERGENCY TELEPHONE
24 Hour Emergency Incident Number [phone]
2 COMPOSITIONIINFORMATION ON INGREDIENTS
COMPOSITION COMMENTS
This product does not contain any substance classified as hazardous to Health or the Environment
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues.
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Get medical attention.
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with snap and water. Get medical attention if any discomfort continues.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes. Contact physician if discomfort
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep run-off water out of sewers and water sources. Dike for water control.
SPECIFIC HAZARDS
Fire or high temperatures create: Carbon monoxide (CO). Carbon dioxide (CO2).
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wom in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do not allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runaff or release to sewer, waterway or ground is forbidden. Absorb in vermiculite, dry sand or earth and place into containers.
7 HANDLING AND STORAGE
11 3

REVISION DATE: 1911012006
MASTER S4
SOS No_: 14270
USAGE PRECAUTIONS
Avoid inhalation of vapours/spray and contact with skin and eyes. Avoid eating, drinking and smoking when using the product. Observe
good industrial hygiene practices,
STORAGE PRECAUTIONS
Keep separate from food, feedstuffs, fertilisers and other sensitive material- Storage temperature: min 5°C max 35°C
STORAGE CLASS
Chemical storage.
MIN. STORAGE. TEMP (-C) 5
MAX. STORAGE TEMP ('C) 35
8 EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
RESPIRATORY EQUIPMENT
In case of inadequate ventilation use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended.
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact.
OTHER PROTECTION
Provide eyewash station. Wear appropriate clothing to prevent any possibility of skin contact
HYGIENE MEASURES
No specific hygiene procedures noted, but good personal hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each worlk shift and before eating, smoking and using the toilet.
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE Liquid
COLOUR Milky.
ODOUR Odourless
SOLUBILITY Miscible with water.
BOILING POINT (°C) 100'C RELATIVE DENSITY 1.00 @ 25°C
pH -VALUE, CONC. SOLUTION 5-7 FLASH POINT ("C) 100
10 STABILITY AND REACTIVITY
STABILITY
Stable undernormal temperature conditions and recommended use.
CONDITIONS TO AVOID
Not known.
MATERIALS TO AVOID
No incompatible groups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LD 50 >5000 mglkg (oral rat)
INHALATION
No specific health warnings noted.
21 3

REVISION DATE: 19110/2006
MASTER S4
S05 No.: 14270
INGESTION
May cause discomfort if swallowed. Nausea. vomiting,
SKIN CONTACT
No specific hear warnings noted_
EYE CONTACT
No specific health warnings noted.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 60, 96 Hrs, FISH mgfl > 100
EC 50. 48 Hrs, DAPHNIA, mg1I > 100
IC 50, 72 Hrs, ALGAE, mg/I > 100
SKATER HAZARD CLASSIFICATION
WGK 1
13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements.
14 TRANSPORT INFORMATION
GENERAL The product is not covered by international regulation on the transport of dangerous goods (IMDG, IATA,
ADRIRID),
15 REGULATORY INFORMATION
RISK PHRASES
NC Not classified.
EU DIRECTIVES
Dangerous Substance Directive 671548/EEC. Dangerous Preparations Directive 19991451EC. System of specific information relating to
Dangerous Preparations. 20011581EC. Also in accordance with 2001160/EC & 2004173/EC
16 OTHER INFORMATION
ISSUED BY
HSBE Manager,
REVISION DATE 19/10moe
REV. NO.IREPL. SDS GENERATED 1
DATE 19109/2005
SIGNATURE Dott. Norberto GaIiina
SIGNATURE 2 Id
DISCI RIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any other materials or in any process. Such information is, to the best of the company's knowledge and belief, accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the user's responsibility to satisfy himself as to the suitability of such information for his own particular use.
31 3

Pickle, Ken
From: Elizabeth M. Wike ([e-mail]
Sent: Wednesday, November 18, 2009 12:57 PM
To: Pickle, Ken
Subject: RE: Clear Path PET recycling facility
Ken,
Thank you for your response below, We look forward to receiving the stormwater permit.
Elizabeth Wike
Environmental Engineer
DAK Americas LLC
P.O. Box 2260
Leland, North Carolina 28451
Office: [phone]
Mobile: [phone]
Fax: [phone]
[e-mail]
From: Pickle, Ken [mailto:[e-mail]]
Sent: Wednesday, November 18, 2009 9:39 AM
To: Elizabeth M. Wike
Cc: Lawyer, Mike; Georgoulias, Bethany; Mark. [e-mail]; Jones, Jennifer; Bennett, Bradley
Subject: Clear Path PET recycling facility
Elizabeth,
In response to questions from you and Mark, I've reviewed the reported circumstances with the Fayetteville Regional
Office. We're ok with the following course of action.
+ You reported that you would like to begin accumulating feedstock inventory within the next two weeks and in
advance of actually operating the recycling process, and you requested our perspective on whether a
stormwater discharge permit would be required for that activity. DWQ concludes that you do not need an
NPDES stormwater discharge permit for that activity.
You reported that the recycling operation is scheduled to begin production in April 2010. I'm confident we will
have your stormwater permit issued on or before that time, and that we will not be the cause of a delay beyond
April 2010.
It's likely we will include an earlier than usual sampling requirement for just the first period of the permit. I
mean, typically our individual permit template includes the requirement for a sampling result within the first 6
months after permit issuance, and every 6 months thereafter. The Fayetteville Regional Office has commented
that what appears to be the most significant potential source of stormwater pollution (the large area of exposed
storage of PET bottles) will be in place for as much as 5 months (Dec 2009 — April 2010) prior to operation, and
that it may be helpful to have the first sampling event within the first two or three months after permit issuance.
Please contact me if we need to discuss further this or related topics.

Thanks,
Ken Pickle
[phone]
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constituye una oferta, aceptaci?n o modificaci?n a un contraco.

WCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Govemor
Ms. Elizabeth Wike
Clear Path Recycling
POB 2260
Leiand, North Carolina 28451
Coleen H. Sullins
Director
August 14, 2009
Subject: Return #1222
Request to `transfer existing outfalls'
Clear Path Recycling, Fayetteville
Cumberland County
Dee Freeman
Secretary
Your request to `transfer existing outfalls' to Clear Path Recycling received on August 10, 2009, is being -
returned unprocessed due to.
Application fee check made payable to NCDENR is missing.
Ur"Application is incomplete.
❑ Application package is missing the supporting documents.
❑ Missing copy of county map or USGS quad sheet with facility clearly marked.
C] Other !. T j,J rrd/ a4"prl137e fo Jeek c o ✓ rao e u na%r fJAky errs f
Z . Dal- 60_reledl-12 aoy4LEZ/o17s m;esia$
dtP&- /707�'C' : k R"02 't Je/lc0s iras &Vebn 0"V4 S1,=,4 A�r an _eXili4".
v�riad f e /• ;r j6,Pr
hoick-d 44,,a t1f.s aPP7i'cefio� « lre.r a6s�nce,
Please contact Ken Pickle at [phone] for clarification of submittal requirements.
DWQ Stormwater Permitting Unit
Cc: Mike Lawyer, DWQ Fayetteville Regional Office /,sir en
SPU County Files: Cumberland County /ems ram/7
Wetlands and Stomrwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 One
Phone: 9IM07- 300lFAX:919.807-6494NCustomerService:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org /yr rr
An Equal Opportunity 1 Atfinnubve Action Employer Naturally
�7r to ally

Clear Path Recycling LLC
5925 Carnegie Blvd - Suite 500
Charlotte, NC 28209
704.940.7555 - fax [phone]
August 6, 2009
Ms. Jennifer Jones
Environmental Engineer
NC DENR J DWQ j Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Stormwater Permit for Clear Path Recycling LLC
Stormwater Permit for DAK Americas, LLC Permit No. NC0003719
Fayetteville, Cumberland County, NC
Dear Ms. Jones:
This application package is being submitted to obtain a stormwater permit for Clear Path Recy-
cling LLC, a newly formed corporation. Clear Path Recycling has obtained 53 acres that was
formerly part of the DAK Americas 172-acre tract located in Fayetteville, Cumberland County,
NC. DAK Americas LLC currently has stormwater outfalls from the site permitted under
N-PDES Permit No. NC0003719. Some of the DAK outfalls are now part of Clear Path Recycling
(CPR). The attached table and site plan show the outfalls that are part of the CPR operation and
the outfalls that are remaining in the DAK operation.
Clear Path Recycling plans to construct a recycle bottle facility inside two existing buildings.
Bottle storage will be outside on existing impervious areas. Process wastewater from the recycle
bottle operation will be treated in a new pretreatment system prior to treatment further in DAK's
biological wastewater treatment plant permitted under NPDES Permit No. NC0003719.
At this point, Clear Path Recycling is asking DENR to transfer the existing outfalls from the
name of DAK Americas LLC to the name of Clear Path Recycling LLC. The attached documents
show the relationship between Clear Path Recycling and DAK Americas. This request is for a
change in corporate ownership. There will not be a change in operations at this time. CPR an-
ticipates that the layout and design of the new recycle bottle facility will be complete within the
next two months. Should the design of the recycle bottle facility result in greater than one acre of
land disturbing activity, CPR will submit additional information to allow DENR to develop a
stormwater permit that will cover the facility that will be built for the recycle bottle plant opera-
tion.
If you have questions or need additional information, please call Elizabeth Wike at (910) 512-
4483.
Sincerely,
Chris Bradley
Vice -President -- Operations

Clear Path Recycling LLC
Change of OiN-nership
Application Package
1. Cover letter
2. EPA Form 1
3. EPA Form 2F
4. Lease between DAh Americas LLC and Clear Path Recycling LLC
5. Survey
b. Table 1. Outfall Locations
7. Drawing Showing Outfall Locations
S. Stormwater Sewer Site Plan— Favetteville Site

?lease print Or type in the unshaCed areas only
Foul Approved. 0M8 No. 204Ci W86
FORM
U.S. ENVIRONMENTAL PROTECTION AGENCY
I. EPA I.D. NUMBERMENESNEW
.,EPA GENERAL INFORMATION
5
Consolidated
Pernits Program
F 0
GENc-RAL
(Rud dhe •`Generallmirucdons" before srarrdrt,; )
LABEL ITEMS
fabt, h s ��
If a prepnnte.7 IDtl has been p.ortCee, a(ftt din me
designated space. Review the information care-fuAy; if any or it
is incorrect acsa through a ana enter tl a correct data in the
t- EPA I.D. NUMBER
appropriate fillet area below. Also, if any tr the preonrW data
is absent (the area m Me Jed of the dabs! space Usts the
Ili- FACILITY NAME
PLEASE PLACE LABEL
IN THIS SPACE
67farmabon mar should appeao, please proAde a in to paper
filHn area(s) below It the label is ccnoets and cortect you
need rent merptete Item I, tll, v, arc Vc (except I!1-8 which
V. FACILFTY MAILING
ADDRESS
rrmrst be crxrpiered regarcdeny. Complete as ors if no Eztei
nas been provided. Refer to the insauGicns tar deWed 'hem
descripyons are for me legal authonrat ons under whfrh this
V1, FACILITY LOCATION
. -
data is ccltecled.
It- POLLUTANT CHARACTERISTICS
INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit applicaden farms to the EPA If you ar:sver yes' to any questions, you must
submit this form and the supplemental form fisted in the parenthesis foecwng the question. Mara W in the bcx in the third column A the supplemertal farm is attached. If
you answer 'no' to each quest"' , you reed not submit any of ttese forms. You rnay ans-ver'no" if your activiPj is excMed from permit requirements: see Section C of the
insDvctions. See also, Section O of the instnictions for defnitiom of bold-faced terms.
�
x-
u�rx
•:c
SPECIFIC QUESTIONS
YES
NO
Ra
aracro
SPECIFIC DUES€IONS
r' s
NO
Fctxa
nr+cr
A- Is this faci!ity a publicly owned treatment works which
results in a discharge to waters of the U.S.'t (FORNI 2A)
X
B. Does or w,11 this facility (either existing or propesecq
include a concentrated anima( feeding operation or
X
aquatic anima[ preductidn facility which results in a
:e
r:
n
a
n
discharge to waters of the US? (FORM 2B)
C. Is this a f:lltdifl which currertiy results in discharges to
waters of the U.S. other titan those described in A or B
X
0. is this a proposed tealtq father than Lose desaTted in A
or a ahoy} which will result in a discharge to waters of
X
above? (FORM 2C)
�
the U.S.7 (FORM 20)
'
a
E. Does or will this faculty treai, store, or dispose of
F- 00 you or will you Inject at this facility industnaf or
hazardous wastes? (FORM 3)
X
municipal effluent belcw the lowermost stratum
X
containing, ;vtNn are quarter while of the wall here,
a
r,
-
underground sources of drirkmg water? (FORM 4)
n
G. Do you or will you inject at cis ttAily ar^y produced water
H. Do you or wtif ycu in;ea at this radlity fluids for special
or other fluids which are brought to the surface in
connection with conventional ail or natural gas production,
X
processes such as mining of sulfur by the Fresch process,
solution mining of minerals, in situ combustion of fosafl
X
inject fluids used for enhanced recovery of oil or naturzf
fuel, or rr..ovefy cf geothermal energy? (FOR&141
gas, or inject fluids for storage of liquid hydrocarbons?
(FORht4)
ti
ss
x
sr
s l
L Is this tacirrty a proposed stationary source A ich is ore
J. is this tacHity a proposed stationary source which is
of the 23 industrial categcnes fisted tr; the irs'.rue5ions and
�/
x
NOT one Of the 2S indusaal catz,,xies fisted in the
x
which will patent alty enit 100 tons per year of any air
instructions and which will potentially emit 250 tons per
pollutant regulated under the Clean Air Act and may affect
I
year of any air pollutant regulated under the Clean Air Act
or be located in an attainment area? (FORM 5)
and may affect or to located in an attainment areal
(FORM 5)
III. NA IE OF FACILITY
SKI? Gear Path1ReCyciilrg 1 I I I I I
I I I 1 I
1
IV. FACILi Y CON I AC i
A NAME d TiTLE Iasi rst, & nine)
B- PHONE arw code P no.)
ci
I
iz e h wika I I I I I I
I I I I I
() 5 2-4 8
V, FaC11 iY' 14tAJLiNG ADDRESS
A. STREET OR P.O. SOX
c
I I I I
�g
P.O. Ox 2260
- - - - --- _ -
is
is
46
2. CITY CR TOWN
C. STATE D.ZIP CODE
o
L lar I
dC 2 4 1
4
15 :e
.01 47 41
V1- FACILITY LOCATiCN
A. STREET, ROUTE NO. OR OTHER SPECIFIC
IDENTIFIER _ F i,-
I 1 1 I1
i
1 1 S ._
1 1 1 1
5 3 4 6 11 L et33 r CTeelc Roaa
IB.
COUNTY NAME
Cuttlb_rla-t� I I I I
l
C. Cr-le OR TOWN
D STATE E E. 2I? COi?E 1 :- =C .Nit COCE fif.�) j
I 2 3 5-71
1d
EPA Form 3510-1 (8-90) CONTINUE ON REVERSE

nnNirNUFn PPnM THE FRONT
Vtl. sic cc -DES (4-digit, in order ofcncrrh )
{t FIRST # 8. SECOND
� S152
�(,�e
Iip*-cf3 Dust -—a!& Lqd Lai:= .'_-. - S .i •5
t {: rC�.I
�
,. IY
'
C, Tr.tR..D 1
D. FOUR i H
7
' I
�f
VIII OPERATOR iNFOPMAT1ON
A. NXMI B.Is the name IlstVd in ;tam
+ + I I i i I I I I I I+ vl-A also She owner?
a clear Path Recycling LLC 0 YES17NO
C. STATUS OF OPERATOR (Enter dta appropriore leirer into the ins 'er lrvx if "other. "rueczfi_) 0. PHONE (area code & na.)
F = FEDERAL 1V1 = PUBLIC (other rhanfeduul arstate)
S=STATE
P
(speci„J
q t704) 940-7555
o= OTHER {, rfi)
P= PRIVATE
z, Im a
E. STREET OR P.O. BOX I `'
I I I I
I
AA 'C-' Suite 5 t3 I
2 C`rr_eaie lv
F. CITY OR TOWN G STATE I H. ZIP coOE
IX. INDIAN LAND
(�jt + +
Cho lot to
ATC
I I
26209
Is the facility Iccatee on lnfar Iars?
❑ YES ONO
I f
— -
X- EX!.STiNG PERMITS
D. PSD (AirF-minionsfDm.. Freaarad..Sor��l
A- NPpES (D:scher-erroSurfae,rWater)
c
T
, I I i I I
C
9
N
I
B P
9, UIC (Lndcreraund )niecnon oiffaldds)
E- OTrER (svecrh$
I
r,
s T
I I I I I
(spedrv)
9
U
4
E
C. RCRA fHxardaru Plower)
E. OTHER (sxci{vl
c
r
r I I I I 1 1 1
I I I I 1 I I I 1
[�Mll
4
,d
17 119:9
oe tr ,e
i
XI. htAP
Atach to this application a topographic map of the area extending to at least one mile beyond properly boundaries. The map must snow the oLtine of the faalizy, the
locators of each of its existing and proposed intake and dfstharge strictures, each of its haz r,el:s waste treatment, storage, or disposal facilities, and each well where :t
injects ftuids underground. include all springs, rNers, and ether surface water bodies in the map area See instr ctions for precise requiremer's.
XII. NATURE OF BUSINESS (F.ruvrde a bnetdescricricr )
The plant is heir designed for recycling cost bottles coming from r.{uricipal collectier_, land'ill
sorting, curb -side collect -on or 'deposit systems*. _.-ywash l - racycling technology will allow highly
contaminated hoctles to be acycled without affeccing the output _laka qualliy. The output flakes capacity will
SO00 {g/hr ci clear flare and 2500 S.g/hr of green flake and +ill use two wasa lines to achieve this cutout_ The
!ant Will be designed for a contu:u0us operatic!: 24/24 h. 7 days a w-2c -
Wales of post-az)nsunei PET CCttles will be stored outsiez or. am existing sla!`. lasids two exiatln4 buiiaircrs
racyeling equipmar_t will he installed. Tb.is includes da-bailing; a hot ore -was': section; inspection table and
metal scrtinc; a w__ grindir_g area; a washing section mada u_ of stainless steel silos, reaction tanks for the
removal of labels ar-d adhesicies, hozircntal centrifug=_ sapar_tier_ tank, ri sz::g reactors, and 3awaCecz.-,? and
c_yirgF followed by silos for prodtjcd storaca and a big bac filling statior_.
Thus is "Col?__d.nt-Jal Eusirseas Infcrmatlanr^ and shculda not ? made avililabla to zhe rublic.
':his application is t0 establish the ourfalls is the atLached tau le in --Zhe name of the newly for7med Company,
Glean I?3t$-ecy^^_l i1C, and C3 re -move tt1233 0StfII115 rrar6 the Ce TR'_t f]r DA-K l.^1ericas (NC0403713) . Add?tienal
in!ormaticr: ^-a t1he Lsiy^.. Of the facility will be s:irmitted once it is t0=1ete.
XIII. CERTIFICATION (see ins. mdcrs)
I certify under penalty of law that I have .persoral)y exan me. and am familiar with Me 4dbrnaXrr subr.-,r,.ed w this applicaWn ar:d all acachments and that, based on my
ingr:iry of dtose persons rtr rmediately nsa=.crrside (ar crtain+ng the information contained in the app&aeon. I believe Ghat the is litfte. a=n a. and cornpreta. f
am aware that there are sign —wt a affies for subrrtb false irty nalion, inc)Lding due possibility of fine and knpescorrrent
A. NAME & OFFICIAL TITLE (rpe or grin$
B. SIGNATURE /
C. OATE SIGNED
Chris Bradley
Vices-Fra�idant-�J�eratiotts
r-.
(
t. �O 1
J
Er/ (16
CONMIE,NTS FOR OFFICIAL USE ONLY
-
C
'
EPA Form 3510-1 (8-90)

EPA ID Number (copy from Item f crForrr 1) c ,.
�� Approved. 5t a. a No. z�,.�-o0ss
Please print or type in the unshaded areas only Appro•rai expires 5r31-y2
FORM
2F
NPCES
U.S. Environmental Protection Agency
Washington, DC 20450
�'�� Application far Perini# to Discharge Storm Water
'E PA Discharges Associated with industrial Activity
Paoenvork Reduction Act Notice
Public reporting burden for this application is estimated to average 28,6 hours per application, including ime for reviewing instnxttons, searching exsting data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of iniormaticn. Send ,comments regarding the burden estimate, any other aspect
of this collection of information, or suggestions for improving this form, including suggestiors which may increase or reduce this turden to: Chief, Infonmatcrn Policy
Brarnrn, Pfvt-223, U S_ En,nronn-ental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. or Director, Office of Information and Regulated
Affairs, Office of Management and Budget, Washington, DC 20503,
I. OUtfajl Location
For each outfall, list the latitude and longitude of its location to the nearest 15 seconds and the name of the receiving water.
A. Ouffail Number
(list)
B. Latitude
C. Longitude
D. Receiving Water
(narneS
A
34-CC!
59.001
2,00
79.09
1 46.00
40.00
Cane Fear River
31
34.00
59.00
59.07
73.00
45.00
39.00
Care Fear River
32
34.00
59.00
56.00
73.00
46.00
39.00
Came Fear River
n3
34-00
5a.00
55.00
79.00
45.G0
19.00 1
Care Fear River
C
34.00
5a-00
54.00
7a.00
45.00
35.00
Cane Fear River
a
34.00
59.00
54.00
79-00
46.00
42.00
Cane Fear [liver
-
34.00
53AC
49.00
73,00
45.00
42.00
Came Fear Ri'rer
i
I
il. Improvements
A- Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater
treatment equipmert or practices or any ether environmental programs which may affect the discharges described in this appficat cn? This includes, but is not limited
to, pem. 't ccrditiens, adminisvatt-m or enforcement orders. enforcement compliance schedule letters, s<ieutatcrs, court orders, and grant or loan conditicns.
1. Identification of Conditions,
Agreements, Etc.
2- Affected Outfalls
I
3. Bret ❑escnctien of Project
4. Final
Comcliance Date
nutter
source of discharge
a. req,
b. prci.
None
I
f
I
I
I
I
II
I
I
`
4
f
f
f
I
I
B: You may attach additional sheets describing any additional water penution (or other envirar-inental projects which rnav affect your discharges) you now have under
way or which you plan_ Indicate whether each program is new under way or planned, and indicate your actual or planned schedules for cent uctien,
Ill. Site Drainage Map
Attach a site map shoving topography (or indicating the cuttine of drainage areas served by the cutfalls(s) covered in the application if a topographic map is unavattable)
depicting the facility including; each of its intake and discharge suucturas: the drainage area of each storm water outfali; paved areas and buildings within the drainage
area of each storm water outfall, each 'Known past or present areas used ,of outdoor storage of disposal of significant materials, each existing structural control measure
to reduce pollutants in storm water rurof, rratenals loading and access areas, arcs where pesticides, herticdes, soil ccndidoners and fertilizers are applied: each of
its hazardous waste treatrranl, storage or disposal ands (including each area not requirad to have a RCRA permit Attich is used for acc mutating hazardous waste
und=_f 40 CFR 262.34:); each well where fluids frcn the facility are injected underground; springs, and other surace water bodies which received storm water discharges
from the facility.
„PA Form 3510-2F (1-92) pace f of 3 Orntinue on Page 2

Confined from the Front
{V. Narrative Description of Pollutant Sources
A. for eadr ouda>I, Fremde an esfansste of Via area ;arcaxe Unrft) d urpenous =rfacas fr kr-.rg ortzii areas w�d �o:2'.ing roots) dranlm !o the wifall. aed an esti:narr 3f Me brat II.':ac= are
Qrak ed 0y the ouoatl.
Outfall
Area of Ir^.perda:s Surfaw
TOWS Area ware-
Chan
Area of IrrFery -UI S"f4eta
TON Area [hares
tVt m".,er
IFrwriCe units)
(r7rows writsl
N�r+Cer
rprcride umrs)
(Pro+dde ur+is)
A
14.3 acres
23.2 acres
0 awrea
2-5 acres
a3
0.2 acres
i.6 ae_ea
D
0 a=r�s
1.0 acre
32
4.6 acres
7.1 =are a
0_04 acres
1.1 acres
B3
0.06 acres
0.11 =urea
B. Aro aide a narrative description of signi (cant mater als that are currently or in the past three years have been treated, stored or disposed in a manner to aI exposure
to storm water, method of tramnert, stcra,e, or disposal; past and present materials management practices enI to minimize contact by these materials with
storm water ruroff; materials loading and access areas. and the laaaton, manner, and frequency in which pesticides, haftirades, soil conditioners. and ferti!¢ers are
applied.
No industr:.al activity has =crurred in these areas with:= the last t=ee fears. All cat:slla diseha:gs ant—* a v�cetative s!:rIr
9riar to cn--mr1F5 tie w=te_A3y. -e5ti=ices, haroicides, soil ^_Ordl ,`,SCR=rS, azd feztllizara are not &¢plied -3 taese areas.
The eatsc�.ed table nrmv--dee a narratiVe dxxcri_tLe^ of each cctf.11_
C. For each orrfall, provide the location anti a description, of eyrist'r',g S:Iuctwel and ncnstn Vural control measures to reduce pollutants in storm ureter rurI and a
description cf the treatment the storm water receives, including the schedule and type rf mairtenarce for certrcl and treatment rrea6ures and the uftirrate disposal
of any so)id or fluid+Aastes other tan by discharge.
Owfail
list Codes f cm
Number
Treatment
Table 2F-1
wee att3cted taale
IV. Nonstorfflwater Uscharges -
A. I certify under penalty of law hat the outfall(s) covered by this ape(;cation have beers tested cr evaluated For the presenez of rcrstcrtnwater discharges, and that all
rarstorm,wate_r discharged from these outfall(s) are idertifie! in either an accompanying For 2C cr From 2E application for the audalt.
i Name and Official Titre (! ice er pr bx)
iC;raLTa- [fate Signed
c`ris aroma,:_. Vice-r-3--c erg lots
I
V�
�6/O
�-
J
B. PI a description of the Method used, the date of any tes;ing, and 1%e onsite drainage ceints ttmt were duacly cbserred Burr c a test
V is'L31 14C 1r,,-urt_:al a-ti Vi tv &a ccC:red i-n C�-esG areas within tie last =Freeyear!;.
1. Significant Leaks or Spills
Provide wdsiing inf=neton regarding the his cry of signit!cact leaks or spills of toxic c( hazardous pollutants at the facility in the last three year,. including fh,e
approximate date and location of the spilt or leaf and the type ar.0 amourt of material recessed.
T_!Ls aFplicaticn _ ,'
_ nev fa=y•-ty =.� be canarruated Mn a bro----elds -_ _. Ve i..d+,ytrial activity hds ccc'_red c- :1--is
Site witlLim to-- last��-r"^-years. -ha al'e been no 24--lifi=ant lsa s or spills ❑! `_oI 7: hamardcas yo11u!:aCC9 7c t1--s site
ithin the ia='t three years-
E'A =cr:r. 351C-2F (1 S2) Page 2 of 3 CarYirue or, page 3

Continued from gage 2 1
EPA ID Number fcopyh*m item i *[Form.)
11. Discharge Information
A.B. C. & D: See instructions before proceeding. CoMplete arse se: of tables ter eaoi cutfall. Annotate the outfali number in the space provided.
Table VII-A, Vli-B, VII-C are included on separate sheets numbers VII-t and VII-2-
E- Potential disc:'rarges not covered by analysis - is any toxic pollutant Ilsted in table 2F-2. 2F-5, or 2F 3, a substance or a rcrrpcnent of a substance which you
rurantly use or manufacture as an intermediate or final product or byproduct?
❑ Yes Gist atl such pollutarts below} ❑✓ No (go to Secton 1Xl
III. Biological Toxicity Testing Data in
Do you have any knowledge or reason to believe that ary bieieglcal -,est for acute or chronic tox1r4ty has been made an any of your discharges or on a receimr.9 water {T
relation to vmr r discharge within the last 3 years?
❑ yes (list ay SLch poiluterts below) Q Mr, (go to Section !)n
1
IX. Contract Analysis Information MUM
Wars any of the analyses reported in Item Vll performed by a ccnt; act laboratoryor corsutt rg firm?
❑ Yes (list the name, address. end telephone number of, and pctfutants �✓ No (go to Section X)
analyzed by, each such latcratorl or ffr n. below)
A. Name
B. Address
I C. Area Code & Phone No.
D. Pdi utarts Anaiyzad
N. Certification
-
! cer by under peraity of law that UVs document and all attachments were prepared under rry direcficn or supervision in acccrc'ance with a systa_m desicrcd to assure
that gaals'ed personnel prcpery gather and eva;uate the i, �fcrmadon submitted Based on my ingLTiry of the person or persons who manage he system cr those persons
dirscdy resporsible fcr gathering the information, the infermzticn submitted is, to the best of my kncwfe ;e and belieF true. accurate, and ccmp,ete. f am aware that
there are signiflcant Pena. es for submitting false infornafion, including the possibihry of fine and imprisonment for knowing viclatiens.
A, game & Official Title (Type Or Film)
CfL18 ?rad?es, dice- ;yes de:.
9. Area Code and Phone No.
(706) S97-724I
C. Signauxe 'f^
D. Data Signed
EPA Fann 3510- 2F (1-92) v 1 Page 3 of 3

EPA IQ Numi:er(copyf,•arrrltzm f cfFerm f)
Forni Approved. OMB No.2040-00E6
Approval expires 5-31-92
VIE. Discharge information (Continued from page-3 of Form 1F)
Part A —You must provide the results of at teas', one anatvsis for every pcil,-cant in this table. Com .flare one tabta for each outfatl. See irstrucGons for additional deiails.
PCHutant
and
CAS Number
(rf available)
,Maxirwm Values
(fndude units)
Averag= Va',+ues
(include ursifs)
Nunn--[
of
Storm
Events
Sampled
I Sources of pollutarils
(crab Sample
Taken During
First 20
Minutes
Flow -Weighted
cemoosite
Grab Sample
Taken During
First 20
Minutes
1
plow -Weighted
Composite
Oil and Grease
NIA
e i :3 s`riai activity.
B iologioal Oxygen
Demand (BOAS)
No _Ld_strial activity.
Chemical oxygen
Oemand (COD)
No ---deLs=rial a_ci rity.
otal lids(TSS) pe nded
Solids (f
No iYdvi s=riai a__vi_y.
Total Nitrogen
zvo industrial ac-ivicy.
Total Phosphorus
9c iadustrial activity.
pH
Minimum
flaxmurtr
Mnir:n:m
Maximum
rO indurtria, activity.
Part 5 — Lis: eaets pcitutant that is finited in en eM, uent guideline which the facility is subject to cr ary pollutant listed in ttie fadit fs NPOES per. -at for its process
wastewater (if the facitiij is eperatng vneer an existing NPOES permit), Corn;fete one table for each cL,:fJl- See the instruejons for additional de..ails and
recuirements,
Poilialant
and
CAS Number
(ifavailatfe;
MaArnamr Values
(nee units)
Average Values
(include units)
fluster
of
SMM.
Events
SampleC
Sources of F,Rutants
Gr& Sample
Taken Dt&g
Frst 20
Minutes
Flow-W9ighted
Composite
Grab Sample
Taken During
First 20
Minulas
Flow -Weighted
Cemposite
iorz
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
1
I
I
�
EPA r'crm 3510-2- (1-92) PaS= Vil•1 --orianue on P.ecersa

Continued from the Front
Part C - List each poliuhant shown in Table 2F-2, 2F-3, and 2F-4 that ycu know or have reason to believe is present See the instructions faf addiconal details 2 ,d
requirements. Complete one table for each cut`all.
Pollutant
and
CAS Number
(ifavailahle)
Maximum Values
(include units)
Average Values
(inC:uLds units)
Number
of
S:omn
Events
Sa,n0ed
Sources of Polluwnts
Grab Sample
Taken During
First 20
Minutes
FIow-Weighted
Composite
Grab Semple
Taken vurirq
First 20
-Minutes
ROW-teighted
Cernpcsite
vor_-
I
1
1
i
I
I
I
I
I
I
I
i
I
Part D — Provide data for the storm event(s) v hich resulted in the maximum values for the flow weighted ccmpesEte sampie.
1.
Date of
Stcmi
Evert
2.
Gura;icn
of Storm Evert
(in minutes)
3.
Total rainfall
during &crm event
(in inches)
4.
Number of hours t:e,'Neen
teginning of storm rneasUMJ
end end of previous
measurable rain evert
5.
Maximum t;ew rated nrg
rain event
(;,a11ors1miri4e or
speafl units)
3.
Total now from
rain event
(;aiiens or specify unit
7. Provide a Cescr Nc cn of the :meMod of flow measurament cr estrina*e.
EFA Form 35l0-2F(1-92) Page L11-2

4. Lease between
DAK Americas LLC
W�f
Clear Path Recycling LLC

LEASE
THIS LEASE ("Lease") is made effective as of the Lease Date by and between
Landlord and Tenant.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the
parties mutually covynart and agree as follows:
1. Definitions.
Capitalized terms appearing in this Lease, unless defntid elsewhere in this Lease, shall
have the following definitions:
(a) "Additional Rent" shall mean all sums of money in addition to Base Rent
which shall become due from Tenant u_rider this Lease, including, without limitation, Taxes,
Insurance and Interest. "Rent" shall mean, collectively, all Base Rent: and all Additional Rept.
(b) "_Adjacent Property" means the real property described on the attached
Exhibit B, which is incorporated by this reference, which is owned by Landlord but which is not
Bart of the Premises leased to Tenant.
(c) "Asset Contribution Aareemen#" shall rnean that certain Asset
Contribution Agreement dated as of the date of this Lease between Landlord and Shave Industries
Group, Inc., e Georgia corporation.
(d) "Facilities Services Agreement" shall mean that certain Facilities
Services Agreement dated as of the Lease Date between Landlord and Tenant.
(e) "Interest" shall mean interest at 12% per annurn (but not to exceed the
rnax;murn interest rate then allowable under the law) from the date such payment became due to
the date of payment thereof by Tenant.
(f) "Taxes" shall mean (i) all real estate and ad valorem taxes, assessments,
levies and other governmental impositions and charges of every kind and nature whatsoever,
extraordinary as well as ordinary, assessed or imposed upon the Premises, or any portion thereof
and association dues or assessments relating to the Premises, whether imposed through a
recorded docurcnt or otherwis ; (ii) all personal property taxes, assessments, levies or other
similar governmental charges assessed or imposed upon any machinery, equipment or other
personal property used in connection with the operation, maintenance or management of the
Premises; and (iii) all reasonable costs and expenses incurred by Landlord in contesting the
amount or validity of any Taxes or the valuation of the Premises or any portion thereof,
including, without limitation, any reasonable fees of attorneys, tax consultants, arbitrations,
appraisers, experts and other witnesses.
PPAS 155634M y

2. Premises.
Landlord hereby leases, rents and demises to Tenant, and Tenant hereby leases and
accepts from Landlord, upon the terms and conditions and for the purposes set forth in this
Lease, the Premises. All of the terms provided for under the Key Provisions Surnr3ary are
incorporated into this Agreement and read in conjunction with all other provisions to this Lease
applicable thereto.
3. Term.
This Lease shall commence on the Lease Date, and shall continue for the Term which
ends at 11:59 p.m. on April 29, 2108 unless modified or earlier terminated pursuant to the terns
hereof.
4. Condition of Premises.
Except as otherwise provided in the immediately following paragraph in this Section 4,
Tenant acknowledges that Tenant has inspected and accepts the Premises, `.AS -IS", "WHERE
IS", "WITH ALL FAULTS", in their present condition, as suitable for the purpose for which
the Premises are leased. Taking possession ' of the Premises by Tenamnt shall be deemed
conclusively to establish that the Premises are in good and satisfactory condition as of the date
possession was taken. Except as otherwise provided in the immediately following paragraph in
this Section 4, Tenant further acknowledges that neither Landlord nor any of Landlord's agents,
representatives or employees have made any representations or warranties, either express or
implied, with respect to the Prenuses or the condition of the Premises, and Tenant Parther
acknowledges and agrees that no representations or promises to alter, remodel or improve the
Premises have been made by Landlord, unless such are expressly set forth in this Lease.
Notwithstanding the foregoing, nothing contained in This Section 4 shall limit tree rights
or obligations of either Tenant or Landlord under Section 3.4, 3.6 or 5.2 of the Asset
Contribution Agrei anent.
5. Base Rent.
On the Lease Date, Tenant shall pay all Base Rent for the entire Term in advance in
United States currency, immediately available federal funds, without notice, deduction, demand,
abatement, counterclaim or set off. Additional Rent shall be due ten (10) days after demand by
Landlord to Tenant unless provided otherwise herein.
Checks for all Rent shall be made payable to Landlord and mailed or delivered to the
address set forth in the Key Provisions Summary or to such other address as Landlord may
designate to Tenant in writing. if Landlord shall at any time accept any such Rent or other sums
after the same shall become due and payable, such acceptance shall not excuse a delay upon
subsequent occasions, or constitute or be construed as a waiver of any of Landlord's rights
hereunder, at law or in equity.
3
PPAH 155634v2

6. Taxes and Assessments.
Tenant shall bear, pay and discharge, prior to delinquency, all Taxes, and each and every
installment thereof which shall or may during the Terra hereof be charged, laid, levied, assessed,
or imposed upon, or arise in connection with, the use, occupancy or possession of the Premises
or any part thereof. Taxes shall be prorated between Landlord and Tenant for any Taxes
covering periods before or after the Term. Upon request of Landlord, Tenant shall promptly
furnish to Landlord satisfactory evidence of the payment of any such Tax. Ln the event that it
shall not be lawful for Tenant to so reimburse Landlord, the Base Rent shall be revised so as to
net Landlord the samo net rental after imposition of any such Tax upon Landlord as would have
been payable to Landlord prior to the imposition of any such Tax. Landlord shall promptly
deliver to Tenant any tax bills Landlord receives with respect to the Premises. Tenant shall have
the right to contest the amount or validity of arty Taxes or the valuation: of the Prerises or any
portion thereof and Landlord shall cooperate in any such contest, at no expense to Landlord.
In the event that the Premises is not assessed as a separate tax parcel but is instead
included in another, larger parcel with the Adjacent Property, Landlord shall pay prior to
delinquency all Taxes with respect to the tax parcel of which the Premises is a portion. Within
thirty (30) days of demand therefor, but not more than ten (10) days prior to the Tax delinquency
date, Tenant shall reimburse Landlord for the portion of the tax paid by Landlord attributable to
the Premises. The proration shall be on a proportional basis upon the ratio that the total acreage
of the Premises bears to the total acreage of the larger tax tract. if the applicable taxing authority
assesses improvements separately, the portion of the tax bill attributable to improvements shall
be allocated to the Premises or the adjacent land, respectively, based upon the actual location of
the applicable irnprovernents.
Landlord agrees, at Landlord's Sole expense, to exercise commercially reasonable and
diligent efforts to cause the Premises to become a separate tax parcel with the appropriate taxing
authority. Landlord shall keep Tenant reasonably informed of such efforts.
7. Use of the Premises, Laws.
Tenant shall use the Premises only for the Permitted Use and for no other purpose.
Tenant shall, at its own cost, promptly comply with all applicable laws, rules, regulations,
ordinances, declarations, easements, agreements and restrictions with respect to &,,e use and
occupancy of the Premises, including, but not limited to, the Americans with Disabilities Act and
of any insurance underwriting board or insurance inspection bureau having or claiming such
jurisdiction and of all insurance companies from time to time selected by Tenant to write policies
of insurance covering the Premises and any business or busiress activity conducted thereon.
Tenant shall not use or permit the use of the Premises for any purpose that is illegal, immoral or
improper or is in violation of any applicable legal, boverrunertal or quasi -governmental
requirement, law, ordinance or rule, or that creates a nuisance, or injures the reputation of the
Premises. Tenant acknowledges and agrees that neither Landlord nor any of Landlord's agents,
employees or representatives has made any representation or warranty (either express or implied)
as to the suitability of the Premises for the Permitted Use,
FFAB 155634M

Tenant shall, at its sole cost and expense, (i) keep and maintain, in full force and comply
with a!l required permits, licenses and governmental authorizations necessary for Tenant's
operation of the Premises for its Perrnitted Use, including, without limitation those portions of
Seller's Storrnwater Permit, as that term is defined in the Facilities Services Agreement and,
should Tenant be required to cornply with Seller's Air Permit (as that term is defined in the
Facilities Services Agreement) pursuant to Section 4(b)(iii) of the Facilities Services Agreement,
Seller's Air Permit (collectively, the "Permits"), which are applicable to Tenant (provided,
Landlord provides to Tenant, in writing, the requirements of the Permits with which Tenant mast
comply) and (ii) pay all fees, other expenses of any kind or nature whatsoever in connection with
said Permits, licenses and governmental authorizations. Tenant represents and warrants that it
has full right, power and authority to use any and all services, trade' narnes, trade marks, slogans
or machines used by it in its operation as provided under this Lease.
No Maintenance b-
y Landlord.
Tenant shall promptly notify Landlord of any defective or dangerous condition in. the
Premises. Landlord shall rot be required to mane any alterations, reconstructions, replacements,
changes, additions, improvements or repairs of any kind or nature whatsoever to the Premises or
any portion thereof at any time during the terra of this Lease, except as expressly provided in
Section 9 or Section 15. Notwithstandin; anything contained in this Lease, Landlord shall have
no obligation to make any i,nnprovements, alterations, repairs or maintenance to the Premises
prior to or during the Term, and in no event shall Landlord have any obligation to make any
repairs, maintenance or replacements to he Premises unless damage to the Premises is caused by
Landlord, or its employees, customers, invitees, guests, agents or representatives.
9. Maintenance by Tenant.
Tenant shall, at its sole cost and expense, maintain the Premises in compliance with all
applicable laws, codes and ordinances. if Tenant fails to perform its obligations, Landlord may
enter the Premises but only a l ter thirty (34) days notice to Tenant, and do so on Tenant's behalf,
and Tenant shall reimburse Landlord upon demand for any reasonable costs and expenses
incurred by Landlord in performing such obligations. At the termination of this Lease, Tenant
agrees to deliver up the Premises to Landlord in compliance with all applicable laws, codes and
ordinances.
Tenant shall use the Premises at Tenant's own risk. Landlord shall not be liable to Tenant
or Tenant's employees, agents, licensees, invitees or guests or any other person for any loss,
injury or damage to any property or person occasioned by theft, Force Majeure (as defined below
in Section 32Q or any other cause beyond the control of Landlord, including, without limitation,
any loss, injury or damage caused by any act or omission of Tenant, Tenant's employees, agents,
licensees, invitees or guests, any other tenant or occupant of the Building or any other parties.
All property placed on, in or about the Premises by, at the direction of, or with the consent of
Tenant or its employees, agents, licensees, invitees or guests shall be at the risk of Tenant or the
owner thereof, and Landlord shall not be liable for any lass of or damage to said property
resulting fiom any cause whatsoever, unless such loss or dar-nage is caused by Landlord, or its
employees, customers, invitees, guests, agents or reprvsen#atives.
PPAB 155534M

10. THIS SECTION INTENTIONALLY DELETED.
11. Alterations,
Tenant may make any alterations, additions or improvements to any portion of the
Premises (collectively, "Alterations") wdthout Landlord's prior written consent_ Any
alterations, additions or improvements (except for movable equipment and furniture owr:ed by
Tenant) installed in the Premises by or on behalf of Tenant shall, at Landlord's option, become a
part of the Premises and Landlord's property upon the expiration or earlier termination of this
Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have
the right to require Tenant to remove any such alteration. addition or improvement at Tenant's
expense upon the expiration or earlier termination of this Lease. In the event that Landlord so
elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may
remove such alteration, addition or improvement at Tenant's cost, and Tenant shall pay Landlord
on demand the cost of removing such alteration, addition or improvement and restoring the
Premises to the condition it existed as of the Lease Date, ordinary wear and tear, casualty and
condemnation excepted. Tenant shall reimburse Landlord upon demand for all costs and
experises incurred by Landlord in repairing or replacing any damage to the Premises caused by
Tenant or Tenant's agents, employees, invitees, or visitors.
For any Alterations, then Tenant shall comply wi-th the following provisions:
(i) Before the commencement of any such work, Tenant shall obtain
the approval and required permits from all governmental
departments or authorities having or claiming jurisdiction of or
over the Premises, and with any public utility companies having an
interest therein. Tenant shall comply with all applicable laws,
ordinances, requirements, orders, directions, rules and regulations
of the federal, state, county and municipal governments and of all
other governmental authorities having or claiming jurisdiction of
or over the Premises, and with the requirements and regulations, if
any, of such public utilities, insurance underwriting board or
insurance inspection bureau having or elairrung jurisdiction, and all
insurance companies then writing policies covering the Premises.
(ii) Tenant represents and warrants to Landlord that all such work shall
be performed (x) at Tenant's cost and expense, free of any expense
to Landlord and free of any liens on Landlord's fee sirnple interest
on or Tenant's leasehold interest in the Premises and (y) in a good
and workmanlike mariner and ip accordance with the terms,
provisions and conditions of this Lease.
(iii) upon substantial completion of any such work, Tenant shall
procure a certificate of occupancy, if applicable, from the
appropriate gover=ental authorities verifying the substantial
completion thereof
5
PPAS 1555"74M

12. Liens.
Notice is hereby given that Landlord shall not be liable for any labor or se: +ices
performed or rendered or materials supplied or fwrnished to the Premises at the instance of
Tenant, and no mechanics' or other liens with respect thereto shall attach to or affect the estate or
interest of Landlord or Tenant in and to this Lease or the Premises. Tenant shall not create or
permit to be created any lien, encumbrance or charge against this Lease or all of any portion of
the Premises. If any lien, encumbrance or charge is filed against this Lease or all or any part of
the Premises, Tenant shall cause the same to be discharged by payment or bonding within thirty
(30) days after the date filed. If Tenant fails to cause any such lien, encumbrance or charge to be
discharged within the permitted time, Landlord may cause it to be discharged and may make any
payment which Landlord, in Landlord's sole judgment, considers necessary, desirable or proper
in order to do so. If Landlord makes any such payment, all amounts paid by Landlord shall be
payable by Tenant to Landlord upon demand, with Interest.
If permitted by the laws of the State in which the Premises is located, prior to
commencement by Tenant of any work on the Premises, Tenant shall record or file a notice of
the commencement of such work (the "Notice of Commencement" in the land records of the
County in which the Premises are located, identifying Tenant as the party for whom such work is
being performed, stating such other matters as may be required by law and requiring the sen ice
Of copies of all notices, liens or claims of lien upon Landlord. Any such Notice of
Commencement shall clearly reflect that the interest of Tenant in the Premises is that of a
leasehold estate and shall also clearly reflect that the interest of Landlord as the fee simple owner
of the Premises shall not be subject to mechanics or materia mtn's liens on account of the work
which is the subject of such Notice of Commencement. A copy of any such Notice of
Commencement shall be furnished to and approved by Landlord and its attorneys prior to the
recording or i ling thereof, as aforesaid.
13. Assignment and Sublettinff.
Tenant shall not assign, transfer or otherwise pledge, mortgage or encumber this Lease or
any interest therein, or sublet any or all of the Premises without Landlord's prior written consent,
which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, after the date hereof Shaw Industries Group, Inc. may sell, transfer or assign up to a
twenty-five percent (25%) membership interest it Tenant to DAK Americas LLC, without
Landlord's prior written consent. Except as provided in the two (2) preceding sentences, the
sale, transfer or issuance of the stock or membership interest of Tenant or a merger,
consolidation or other combination of Tenant with another entity which results in a change or
transfer of management or control of Tenant, shall be deemed an assignment of this Lease which
shall require LandIord's written consent. With respect to any assignment, sublet or transfer to
which Landlord has consented or with respect to which Landlerd's consent is not required
(i) Tenant shall not be released from any obligations or liabilities under this Lease and shall
remain primarily liable for the performance of all of the obligations of Tenant under this Lease;
(ii) Landlord shall receive all surns and other consideration paid or payable to Tenant by such
assignee, transferee or subtenant in excess of Rent payable hereunder (however, in the case of
the sale of the equity interests of Tenant, Landlord, in its capacity as landlord, shall receive none
of the consideration paid therefor); and (iii) Tenant shall reimburse Landlord for all costs and
PPAB I55634M

expenses incurred by Landlord in reviewing any such request. The acceptance of Rent by
Landlord shall not be deemed to be a consent by Landlord to any such assignment, sublet or
other transfer, nor shali the same be deemed a waiver of any right or remedy of Landlord under
this Lease, at law or in equity. Consent to one assignment or sublease by Landlord shall not be
deemed a consent to future assigriments or subleases.
Without limiting any of the foregoing provisions of this Section, if, pursuant to the U.S.
Bankruptcy Code, as the same may be arnended from time to time, Tenant is permitted to assign
or otherwise transfer its rights and obligations under this Lease in disregard of the resuictions
contained in this Article, the assignee agrees to provide adequate assurancL to Landlord (i) of the
continued use of the Premises solely in accordance with the Permitted Use thereof, and (ii) of the
operation of the business in the Premises in strict accordance with the requirements of this Lease,
in addition, adequate assurance shall mean that any such assignee shall have a tangible net worth
(exclusive of good equal to the tangible net worth of Tenant (exclusive of good will) as of
the Lease Date. Such assignee shall expressly assume this Lease by an agreement in recordable
form.
14. Insurance.
Throughout the Term, Tenant shall keep and maintain in fall force and effect the
following types acid amounts of insurance coverage:
(i) Commercial general liability and property damage broad form.
insurance, which shall include coverage for personal liability,
contractual liability, Tenant's legal liability, bodily injury
(including death) and property damage, all on an occurrence basis,
with respzct to the business carried on from the Premises and
Tenant's use and occupancy ofth,-. Premises in an amount not less
than $1,000,000 per occurrence, with an umbrella liability policy
of S10,000,000 in excess of said liability insurance.
(ii) 'Worker's compensation insurance, in a form prescribed by the
laws of North Carolina, and employers' liability insurance.
(Ili) Builders' risk insurance prior to the cortmencernent of and during
the construction of any permitted rehabilitation, replacement,
reconstruction, restoration, renovation or alteration to the Premises
(iv) Special extended coverage for property damage insurance policy
and endorsements covering the Premises and all alterations,
changes, additions and replacements of and to the Premises,
against loss or damage caused by: (w) fire, windstorm and other
hazards and perils generally included under extended coverage;
(x) sprinkler. leakage; (y) vandalism and malicious mischief; and
(z) boiler and machinery, all in an amount which reasonably
assures there will be sufficient proceeds to repair and replace t'ze
Premises in the event of a loss against which suck: insurance is
HAS 1555140v2

issued but in no event causing less than 100% of tce full
replacement value Thereof.
Throughout the Tern Landlord shall maintain, at its sole expense commercial general
liability insurance, which shall include coverage for personal liability, contractual liability,
Landlord's legal liability, bodily injury (including death.), all on an occurrence basis, with respect
to the business carried on from the Premises and Tenant's use and occupancy of the Premises in
an amount not less than $1,000,000 per occurrence, with an umbrella liability policy of
$10,000,000 in excess of said liability insurance. Tenant shall be an additional insured on such
policy. Landlord will deliver to Tenant certificates of insurance evidencing that coverage within
five (S) bossiness days after provision of a written request by Tenant to Landlord, Yvhich request
may be delivered once per calendar year during the term of this Lease. The policy shall also be
issued by an insurance company authorized and licensed to do business in the State where the
Premises are located with a policy holders rating of no less than "A -VI" in the. -,,Most current
edition of Best's Insurance Renorts.
All such insurance policies required to be maintained by Tenant shall:
(i) Be for periods of not less than one year and Tenant shall renew the
same at least thirty (30) days prior to the expiration thereof.
(H) At least thirty (30) days prior to the. date any such insurance must
be in effect, deliver to Landlord a certificate or certificates thereof.
(iii) Provide that they shall not be canceled without thirty (30) days
prior written notice to Landlord and Landlord's designees and
mortgagees (if any) (ten days for nonpayment ofprc*rnium).
(iv) Provide that such insurance shall be primary and that any coverage
by Landlord shall be excess insurance.
(v) Marne Landlord as an additional insured.
(�,i) Be issued by insurance companies authorized and licensed to do
business in the State where the Premises are Iocattd, with a policy
holders rating of no less than "A -VI" in the most current edition of
Best's Insurance Reports;
(vii) contain a waiver of gubroaation endo serpent acceptable to
Landlord; aad
(viii) contain deductibles, but in no event greater than five Hundred
Thousand and no/100 Dollars ($300,000.00).
If Tenant shall fail to procure insurance required trader this Section and fail to maintain
the same in full force and effect continuously during the Term, then Landlord shall be entitled to
procure. the same and Tenant shall immediately reimburse Landlord for all costs and expenses of
obtaining such insurance.
PPAB 455634M

Nothing contained herein. shall relieve Tenant of its obligations under th,'s Section if the
destruction or damage is not covered, either in whole or in part, by insurance.
Notwithstanding anything in this Lease to the contrary, Landlord and Tenant each hereby
waive any and all rights of recovery, claims, actions or causes of action against the other, its
agents, officers, or employees, for any loss or darnage that may occur to the Premises or a part
thereof, or any improvements thereto, or any personal property therein, by reason of fire, txe
elements or any other cause to the extent such loss or damage is insured against under the terns
of the insurance policies referred to in this Section regardless of cause or origin, including the
negligence of the other party hereto or its agents, officers, representatives or employees, All
insurance policies carried with respect to this Section, if permitted under applicable law, shall
contain a provision whereby the insurer waives all rights of subrogation against Landlord and
Tenant.
15. Indemnification.
(a) Except as may be otherwise provided in Article 7 of the Asset
Contribution Agreement and Section 22 of this Lease, Tenant hereby protects, saves,
indemnifies, defends and holds Landlord and Landlord's parent entity, affiliate entities,
subsidiaries and all of their respective directors, officers, employees, agents, contractors,
successors, assigns, attorneys and representatives harmless from and against any and all suits,
actions, claims, costs, fees, sums, amounts, losses, causes of action, damages, liabilities and
expenses (including reasonable attorneys' fees, court costs and alternative dispute resolution
expenses) caused in whole or in part, or arising directly or indirectly out of (i) any occurrence in,
about, upon., at or from the Premises and/or the Tenant Easement Areas (as hereinafter defined in
Section 31(b)}, including, without limitation, Tenant's use or occupancy of the Premises and/or
the Tenant Easement Areas; (ii) any negligent act, ornission or m.sconduct of Tenant or Tenant's
agents, employees, customers, invitees or contractors; or (iii) any breach by Tenant of its
obligations under this Lease. The obligations in this Section shall survive, the expiration or
earlier termination of this Lease.
Tenant shall promptly notify Landlord of any claim, action, proceeding or suit
instituted or threatened against Tenant or Landlord of which Tenant receives notice or of which
Tenant acquires knowledge. To the extent that Landlord is made a party to any action for
damages or other relief against which Tenant has indemnified Landlord, then Tenant shall def nd
Landlord, pay all reasonable costs and shall provide effective counsel to Landlord in such
litigation or, at Landlord's option, shall pay all reasonable attorneys' fees and costs incurred by
Landlord in connection with its own defense or settlement of said litigation.
Tenant's inde m iity obligations under this Section and elsewhere in this Lease
arising prior to the termination or assignment of this Lease shall survive any such termination or
assignment.
(b) Except as may be otherwise provided in Article 7 of the Asset
Contribution Agreernent, Landlord hereby protects, saves, indemnifies, defends and holds Tenant
and Tenant's parent entity, affiliate entities, subsidiaries and all of their respective directors,
officers, employees, agents, contractors, successors, assigns, attorneys and representatives
10
FPA5 1556340Y2

harmless from and against any and ail suits, actions, claims, costs, fees, sums, amounts, losses;
causes of action, damages, liabilities and expenses (including reasonable attorneys' fees, court
costs and alternative dispute resolution expenses) caused in whole or in part, or arising directly
or indirectly out of (i) any occurrence in, about, upon, at or from the Landlord Easement Areas
(as defined in Section 3I(a_)), including, without limitation, Landlord's use or occupancy of the
Landlord Easement ?seas; (ii) any negligent act, omission or misconduct of Landlord or
Landlord's agents, employees, customers, invitees or contractors; or (iii) any breach by Landlord
of its obligations under this Lease. The obligations in this Section shall survive the expiration or
earlier termination of this Lease.
Landlord shall promptly notify Tenant of any claim, action, proceeding or suit
instituted or threatened against Tenant or Landlord of which Landlord receives notice or of
which Landlord acquires knowledge. To the extent that Tenant is made a party to any action for
damages or other relief against which Landlord has indemnified Tenant, then Landlord shall
defend Tenant, pay all reasonable costs and shall provide effective counsel to Tenant in such
litigation or, at Tenant's option, shall pay all reasonable attorneys' fees and costs incurred by
Tenant in connection with its own defense or settlement of said litigation.
Landlord's indemnity obligations under this Section and elsewhere in this Lease
arising prior to the termination or assigru;�ent of this Lease shall surviv_ any such termination or
assignrn;,itt.
Ib. CasuaIty.
In the event of damage to or destruction of all or any part of the Premises by fire or other
casualty, Tenant shall give prompt written notice to Landlord. Tenant shall have the right to
negotiate and settle all claims for insurance proceeds in connection with any such casualty. In
such event, and except as provided below, after receipt of sufficient insurance proceeds, Tenant
shall have the right, but not the obligation to restore, repair and rebuild the Premises as nearly as
practical to the condition the Premises was in immediately prior to such casualty pursuant to the
terms hereof. All work shall be started as soon as commercially reasonable and completed, at
Tenant's sole cost and expense. Tenant shall, however, immediately take such action as is
necessary to assure that the Premises (or any portion thereof) does not constitute a nuisance or
otherwise presents a health or safety hazard.
All insurance proceeds in connection with any casualty shall be payable to Tenant.
Tenant shall, from time to time until said work shall have been completed and paid for, furnish
Landlord with adequate evidence that at all times the undisbursed portion of the insurance
proceeds, together with any funds made available by Tenant, is sufficient to pay for the repair,
reconstruction or restoration of the improvements in its entirety. Tenant shall obtain, aad make
available to Landlord, receiptcd bills and, upon completion of said work, full and final waivers of
lien.
In no event shall Landlord be required to repair, replace or restore any damage or
destruction to the Premises resulting from any casualty which is not caused by Landlord.
PPAB 153634M

Notwithstanding anything to the contrary contained in this Lease, in the even, the
Premises are damaged by fire or other casualty, Tenant shall have the right to terminate this
Lease upon written notice to Landlord if (i) Tenant determines rn its reasonable judgment that it
would not be commercially practical to restore the Premises so as to permit Tenant to continue
its normal business operations on the Premises as conducted prior to such event and (ii) Tenant
delivers this tivritten notice of termination to Landlord within ninety (90) days of the applicable
damage or destruction. Upon receipt by Landlord of the notice set forth in (ii) above, the Lease
shall automatically terminate except for those provisions of his Lease whi:,h by their terms
specifically survive termination of the Lease.
In the event of termination of this Lease, all insurance proceeds and related claims shall
immediately be paid, transferred and assigned to Tenant. Landlord shall immediately execute
and deliver all documentation requested by Tenant to effectuate the Foregoing sentence.
17. Eminent Domain.
If the whole of the Premises shall be taken or condemned for any public or quasi -public
use or purpose, by right of eminent domain or by purchase in lieu thereof, or if a substantial
portion of the Premises shall be so taken or condemned that the portion or portions remaining are
not commercially practicable, in the reasonable judgment of Tenant, for the continued operation
of the business contemplated by this Lease to be conducted thereon, therein or therefrom so as to
effectively render the Premises untena.=rtable, then this Lease and the Terre hereby granted shall
cease and terminate as of the date on which the condemning authority takes possession and all
Rent shall be paid by Tenant to Landlord up to that date or refunded by Landlord to Tenant if
Rent has previously been paid by Tenant beyond that date.
If a portion of the Premises is taken, and the portion or portions remaining can, in the
mutual reasonable judgment of Landlord and Tenant, be adapted and used for the conduct of
Tena-rt's business operation, such that the Premises are not effectively rendered untenantable,
then the Tenant shall promptly restore the remaining portion or portions thereof to a condition
comparable to their condition at the time of such taking or condemnation, less the portion or
portions lost by the taking, and this Lease shall continue in full force and effect except that the
Rent payable hereunder shall, if necessary, be equitably adjusted to take into account the portion
or portions of the Premises lost by the taking.
Tenant shall be entitled to negotiate and settle any condemnation award to th.- extent
relating to the Premises. In the event the condemnation affects any Landlord Easement Areas or
Tenant Easement Areas, to the extent practicable, substitute easement areas shall be provided to
provide the parry losing the benefit of such condemned easement areas with comparable
easement rights.
The award for the Premises or the portion so taken shall be apportioned between
Landlord and Tenant as follows: W if this Lease has been terminated, Landlord shall be entitled
to the entire award (provided, however, in the event Tenant exercises its option in Section 30, the
entire award shall be paid to Tenant upon the consummation of the purchase of the Premises);
and (h) if this Lease has not been terminated, Tenant shall be entitled to the award to the extent
required for restoration of the Premises, and. Landlord shall be entitled to the balance of the
12
FPA13 1556340v'

award not applied to restoration. If this Leas-- has not been terminated, Tenant shall have the
right, but not the obligation to restore the remaining portion or portions of the Premises in the
manner hereiriabove provided. In such event, the proceeds of the award to be applied to
restoration small be deposited with a barik or financial institution designated by Landlord as if
such award were insurance proceeds, and the amount so deposited will be treated in the same
manner as insurance proceeds are treated under Section 16 until the restoration has been
completed. If the award is insufficient to pay for the restoration, Tenant shall be responsible for
the rernainirig cost and expense of such restoration.
If Landlord and Tenant cannot agree in respect of any matters to be determined under this
Section, a determination shall be requested of the court having jurisdiction over the taking or
condemnation; provided, however, that if said court will not accept such matters for
determination, wither party may have the matters determined by a court otherwise having
jurisdiction over the parties.
18. Surrender.
Upon the expiration or earlier termination of this Lease, Tenant shall immediately (i) quit
and surrender the Premises to Landlord; (ii) remove from the Premises all of Tenant's property,
trade fixtures and equipment armd repair any damage caused by such removal; (iii) clean the
Premises and restore therm to their original or better condition, ordinay wear and tear, casualty
and condemnation excepted; (iv) execute any requested bills of sales for the altera`aons or
improvements permitted to remain in the Premises free of any and all liens and encumbrances;
and (v) perform all other obligations required of Tenant Linder the terms of this Lease.
If Tenant fails to remove the personal property, trade f xtures, and personal equipment
("Personal Property') in the Premises upon the expiration or earlier termination of this Lease,
then all such Personal Property located in the Premises shall conclusively be deemed abandoned
and Landlord may remove and/or store any such Personal Property at Tenant's expense without
liability to Tenant for any loss or damage thereto. IT Tenant does not claim and take delivery of
any of Tenant's Personal Property that remains in the Prerises or in storage within sixty (60)
days after the expiration or earlier termination of this Lease, including paying Landlord all
amounts due under this Lease, including, without limitation, all costs of removal and storage of
such Personal Property Landlord may sell all or any portion of such Personal Property at a public
or private sale after havina given Tenant sixty (60) days prior written notice. Landlord may
apply the proceeds of such sale to the costs of removal, storage and sale of the Personal Property
and then to all amounts due Landlord under this Lease. Any amount remaining shall be paid to
Tenant upon Tenant's w itten demand, without interest.
19. Holding Over.
If Tenant holds over and remains in possession of the Premises beyond the expiration or
earlier termination of this Lease, such holding over shall not be deemed or construed to be a
renewal of this Lease, but shall constitute the creation of a month -to -month tenancy which may
be terminated by either Landlord or Tenant upon thirty (30) days prior written r_otice to the other
party. By such holding over, Tenant shall be deemed to have agreed to be bound by the terms
and conditions of this Lease, except that during such month -to -month tenancy, Tenant shall pay a
13
PPAB 155634Ov2

monthly rental rate equal to two hundred percent (200%) of the Rent for the immediately
preceding month. Tenant indemnifies and holds harmless Landlord for any costs and expenses
incurred by Landlord as a result of any holdover by Tenant, including, without limitation, any
costs or expenses incurred in connection with any successor tenant of the Premises.
70, Default,
(a) The following events or occurrences shall constitute ev-,nts of default by.Tenant
under this Lease (each, an "Event of Default"):
(i) Tenant's failure to pay any installment of Base Rent or other stem
due hereunder when due and such failure continues for thirty (30)
days after written notice of such failure by Landlord to Tenant;
(ii) Tenant's failure to perform any covenant or condition of this Lease
(except as set forth in Subsections (i), (iii), or (iv)) if such failure is
not cured within thirty (30) days of Landlord's written notice of
such default; provided, however, that with respect to defaults
which are not set forth in Subsections (i), (iii), or (iv) and which
cannot be reasonably cured in thirty (30) days, such thirty (30) day
period shell be extended so long as Tenant commences its cure
within this initial thirty (30) day period as -id diligently prosecutes
its cure and completes its cure within one hundred eighty (180)
nays of Landlord's written notice of such default;
(iii) Tenant's general assignment of all or substantially all of its assets
for the benefit of creditors;
(iv) Tenant's filing a petition for relief of any kind under the provisions
of any federal or stag, bankruptcy or insolvency laws or an
involuntary petition under any of such lav s is filed against Tenant,
or a receiver or trustee is appointed for all or substantially all of
Tenant's assets;
(v) default, beyond applicable notice and cure periods, if any, by
Tenant ur_der the Facilities Service Agr-meat; or
(vi) the dissolution or liquidation Tenant or other failure by Tenant to
maintain lawful existence as a legal entity in the state of its
organization. .
Upon any Evert of Default, in addition to any other rights and remedies under this Lease,
at law or in equity, and with or without terminating this Lease, Landlord and its agents and
representatives may exercise any or all of the following rights and remedies (1) bring suit for the
collection of any amounts for which Tenant may be in default or for the performance of any
covenant or agreement required to be performed by Tenant hereunder; (ii) terminate Tenant's
right to possession of the Premises, in which case Tenant shall pay Landlord, upon demand for all
damages suffered by Landlord as a result of such default, including, without limitations, all past
14
PPAB 155634M

due Rent; and/or (iii) cure any such breach or default on behalf of Ter -ant, in which case Tenant
shall pay Landlord upon demand for all ffie damages suffered by Landlord and for all the costs
and expenses incurred by Landlord in curing such default but in no event shall such'damages
include punitive or consequential damages.
Notwithstanding anything to the contrary contained in fail Lease, in the event of an
emergency, Landlord shall have the irnmediate right to cure any such breach or default by Tent
prior to the expiration of the applicable notice and cure period if reasonably necessary to protect
the Premises, to prevent injury or damage to persons or property or in the event of any other
emergency, and Tenant shall pay to Landlord all amounts expended by Landlord to cure such
default within ten (10) days of written notice to Tenaal of such amount, In the event Landlord
shall terminate this Lease or terminate Tenant's right to possession of the Premises, Landlord
shall have the right to relet the Premises to such persons and upon such terms as Landlord shall
determine in its sole discretion. If Landlord elects to terminate Tenant's right to possession only,
without terminating this Lease, Landlord may, at Landlord's option, enter into the Premises,
remove therefrom any and all persons, property, signs and other evidences of tenancy, and take
and hold possessior of the Premises without such entry and possession terminating this Lease or
releasing Tenant, in whole or in part, from Tenant's obligation to pay t°�te Rent hereunder for the
full Terris.
Upon and after entry into possession of the Premises without termination of this Lease,
Landlord may relet the Premises or any part thereof for the account of Tenant to any person, firm
or corporation other than Tenant for such rent, for such time, and upon such terms and Landlord
in Landlord's sole discretion shall determine so long as said terms are commercially reasonable.
In any such case, Landlord may make repairs in or to the Premises, and Tenant shall, upon
demand, pay the cost thereof together with all other expenses of Landlord's reletting of the
Premises.
Tenant agrees that Landlord shall have no liability whatsoever for any darriages resulting
to Tenant (or any other persons within the Premises) or to Tenant's property (or any other
property within the Premises) caused, directly or indirectly, in whole or in part, by any actions by
or on behalf of Landlord in the course of retaking possession of or of reletting the Prerr_ises,
whether caused by the negligence of Landlord or otherwise. Tenant shall also pay to Landlord
all damages suffered by Landlord and all costs and expenses incurred by Landlord as a result of
any default by Tenant hereunder, including, without limitation, all reasonable attorneys' fees,
court costs and alternative dispute resolution expenses incurred by Landlord as a result of any
default by Tenant hereunder. All ariounts due from Tenant to Landlord hereunder shall bear
Interest until paid in full.
(b) In the event Landlord defaults under its obligations set forth in this Leas, then,
except as otherwise hereinafter provided in this Section 20(b),, Tenant shall provide Landlord
written notice thereof; and Landlord shall have thirty (30) days to cure such default; provided,
however, such thirty (30) day period shall be extended so long as Landlord commences its cure
within this thirty (30) day period and diligently prosecutes its cure and completes its cure within
one hundred eighty (ISO) days of Tenant's written notice of default. Tenant shall have ail rights
and ramedies at law or equity upon the occurrence of any Landlord default, after expiration of
any applicable cure period without cure as herein provided. Notwithstanding the foregoing, in
15
PPAB 155634M

the event Landlord's default results in a material disruption to, or interference with, Tenant's
business operations on the Premises or creates an imminent danger to persons or property,
Tenant may immediately commence self-help rights to cure such Landlord default (without the
notice and cure rights hereinbefore set forth, but reasonable notice of suet-; self-help shall be
provided to Landlord, orally or in uniting). Any reasonable amounts expended by Tenant in the
exercise of such self-help rights shall be reimbursed by Landlord to Tenant upon demand, with
Interest accruing thereon from the date of such demand.
21. Transfer of Premises: No Lien on Fes.
In the event Landlord sells or transfers the Premises, or in the event the Premises is
acquired by any person or entity through a foreclosure sale or by the exercise of any right or
remedy pu-suant to the terms of any Mortgage, then (i) Tenant agrees to attorn to such purchaser
or transferee as Tenant's landlord under this Lease; (ii) Tenant agrees to continue to perform all
of Tenant's obligations under this Lease for such purchaser or transferee; and (iii) Tenant shall
look solely to such purchaser or transferee as the landlord under This Lease, and Landlord shall
be released from all of its liabilities and obligations accruing hereunder from and after the date of
such sale or transfer, and Tenant's rerncdies for any subsequent breach of this Lease shall be
solely against such purchaser or transferee.
Landlord represents and warrants to Tenant that as of the date her -.of that the Premises is
not subject to the lien of any mortgage, deed of trust or similar collateral document by any
person or party clahning through Landlord.
22. Hazardous -Materials.
(a) Throughout the Terris, Tenant and its employees, agents, invitees,
licensees or contractors shall not cause, permit or allow any substances (whether solid, liquid or
gaseous) which (from use, handling, processing, storage, ernission, disposal, spill, Release or any
other activity- or for any other reason) are regulated by, form the basis of liability under, or are
defined as a contamkiant, pollutant, dangerous, designated or controlled substance product, solid
or hazardous waste, hazardous material, hazardous substance, hazardous constituent, or toxic
substance or which are otherwise classified as "hazardous" or "toxic" in any Environmental
Laws (defined below) including, but not limited to, gasoline or any other petroleum product or
byproduct or fractions thereof, natural gas, asbestos, polychlorinated b=.'phenyls, radon or &er
radioactive substances, infectious, carcinogenic, mutagenic or etiologic agents, pesticides,
defoliants, explosives, flarrimables, corrosives, urea, formaldehyde, alcohols, chemical solvents,
mold, Iead-based paint, polybrorninated diphenyl ether, or any other material or substance which
constitutes a health or safety hazard to any person or to the Environment (as that tern is defined
in the Asset Contribution Agreement) (collectively, the "Hazardous Materials"), to be handled,
placed, stored, dumped, dispensed, released, discharged, deposited, manufactured, generated,
treated, processed, used, transported or located on, in, under or about the Premises in violation of
Environmental laws. For purposes of this Section, "Environmental Laws" shall mean any law,
;overnrnental order or Permit relating to health or safety or protection of human health or the
Environment (including underground or above -ground storage tanks), including those relating to
emissions, discharges, spills, releases or threatened reivases into or impacting the Environment,
or otherwise relating to the manufacture, processing, distribution, use, Treatment, recycling,
16
PPAB 1555340v2

storage, disposal, transport, sale, offer for sale, distribution or handling of Hazardous Materials,
including but not limited to the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. § 9601 et seq., as amended ("CERCLA"); the Emergency Planning and
Community Right -to -Know Act, 42 U.S.C. § 11001 et seq., as amended; the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended:; the Occupational Safety
and Health Act, 29 U.S.C. § 651 et seq., as amended; the Chan Air Act, 42 U.S,C. § 7401 el
seq., as arnendwd; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as
amended; the Superfund Amendments and Reauthorization Act of 1986; the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq., as amended; the Safe Drinking Water Act, 42 U.S.C. §
300fet seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et. seq.; and the state
and Iocal laws implementing such acts, and all analogous laws, governrner d orders and Permits.
(b) Tenant shall provide a list to Landlord by .January 1 of each year that lists
Hazardous Materials which are stored at the Premises in quantities greater than 250 gallons in
the preceding calendar year or whose use in Tenant's manufacturing process at the Premises
exceeded 250 gallons per month during any of the preceding "velve (12) calendar months.
(c) Upon the expiration or earlier termination of this Lease, Tenant, at
Tenant's expense, shall remove or remediate all Hazardous Materials which were placed, stored,
durnped, disposed, released, discharged and deposited by Tenant on the Premises and/or which
have migrated from the Premises to the extent a Governrnental Authority has required that
Tenant remove or remediate such Hazardous Materials because such Hazardous Materials are in
violation of Environmental Laws. Upon the expiration or earlier termination of this Lease,
Tenant, at Tenant's expense, shall remove all containers of Hazardous Materials from the
Premises which Tenant used in its manufacturing process and shall drain, empty or otheTvrise
remove Hazardous Materials from all equipment at the Premises in cornpliance with applicable
Environmental Law.
(d) Tenant shall give Landlord written notice within a reasonable time of any
actual .or threatened spill, discharge, Release (as that term is defined in the Asset Contribution
Agreement) or discovery of any Hazardous Materials on, at or about the Premises, unless such
discharge or Release is authorized by Permit or is in conformance with Environmental Laws, or
claim related thereto. If such actual or threatened spill, discharge or Release was caused, in
1Vi201e or in part, by Tenant or its employees, agents, contractors, invitees or licensee,, such
notice shall include a description of measures proposed to be taken by Tenant to contain and/or
remediate the Release of such Hazardous Materials and any resultant danage to or impact on tie
Premises or any other property onto which such Hazardous Materials have Migrated, persons
and/or the Environment to the extent that any response, remediation (including, bu! not limited
to, engineering or institutional controls), removal or other action is (1) required by any
Governmental Authority pursuant to any Environmental Law; or (2) necessary to address an
imminent threat or hazard to human health or the Environrne'it (a "Response Action"). if a
Response Action is necessary or required, upon Landlord's approval and at Tenant's own
expense, Tena;-it shall promptly take all steps required to clean up and remediate any such
Release of Hazardous Materials in compliance with all Environmental Laws and shall also report
and/or coordinate with Landlord and all appropriate goverru;iental agencies.
17
PPAB i556340v2

(e) Tenant shall indemnify and hold Landlord and Landlord's parent entity,
affiliate entities, subsidiaries and all of their respective directors, officers, employees, agents,
contractors, successors, assigns, attorneys and representatives harmless from and against any
liability, claim (including claims made by third parties), damage, tax, expense (including
reasonable legal fees and expenses), or dimunition of value suffered or incurred by it to the
extent caused by any of the following:
(i) any Response Action ta}4en by Landlord or any claim(s),
dernand(s), charge(s), petition(s) or other proceeding(s) by any
person (other than Landlord any of their respective affiliates)
regarding: (A) the presence or suspected presence of any
Hazardous Materials in, on, under or around the Premises at levels
that violate applicable Environmental Law that occurred or begun
to occur on or after the Lease Date, (B) the actual or alleged
violation of any Environmental Law by Tenant, (C) any presence,
Release or threatened Release of Hazardous Materials generated by
Tenant, which Hazardous Materials were transported or disposed
of, or arranged to be transported or disposed of at of from any
location whatsoever, or (D) any other matter (x) arising under any
Environmental Law, (y) related to or arising out of everts, acts or
conditions on or after the Lease Date, and (z) related to or arising
out of the operations of Tenant on the Premises after the Lease
Date, regardless of whether, by operation of law or otherwise,
Landlord is or may also be liable for any of the foregoing matters;
(ii) a Release or threatened Release of Hazardous Materials at the
Premises to the extent caused by Tenant's activities or the
activities of Tenant's licensees, agents, representatives, invitees,
contractors and/or subcontractors on the Easements (for purposes
of clarity, in no event shall Tenant be responsible for the Release
of Hazardous Materials at the Premises caused by the activities of
any other person on the Easements, as that term is defined in the
Asset Contribution Agreement);
(iii) a Release of Hazardous Materials in violation of Environmental
Law, to the extent the violation is caused by the use by Tenant or
any licensee, agent, representative, invitee, contractor or
subcontractor of Tenant of (i) any utilities on the Premises, (ii) the
wastewater treatment processing facility owned by Landlord, or
(iii) the stormwater conveyance system on the Premises (for
purposes of clarity, in no event shall Tenant be responsible for any
Release of Hazardous Materials arising from or related to any other
person's use (including Landlord's use) of any utilities, wastewater
treatment processing facility or stormwater conveyance system
located at, on or around the Premises).
18
PPAH ] 55634M

(f) Landlord has submitted to the North Carolina Department of Environment
and Natural Resources ("DENR") a Brownfields Letter of intent, pursuant to N.C. Gen. Stat.
§ 130A-310.30 et se ., by which Landlord is seeking eligibility as a "prospective developer"
("PD") under the N.C. Brownfields Program ("Program.") with respect to the Existing
Environmental Conditions, as that tern is defined in the Asset Contribution Agreement, and
other conditions, if any, that may be covered by the Program. Landlord received notification by
letter dated December 17, 2003 that Landlord is an eligible PD under the Program.
Landlord will pursue the completion of the North Carolina Brownfields Program
process, including negotiations with DENR concerning additional site assessments or
investigations (if any); the language of a final Brownfields Agreement, as that term is defined in
North Carolina General Statute § 130A-310.31(b)(2); the nature of any land use restrictions; and
the language of a final Notice of Brownfields Property (collectively the "Brownfields Process").
Landlord shall keep Tenant informed of material discussions with DEN):
concerning the Brownfields Process, and shall provide Tenant with copies of all draft and final
copies of any DENR reports, assessments, or investigations and Landlord shall also provide
Tenant copies of the draft Brownfields Agreement and Notice of Brownfields Property (prior to
their submittal to DENR) for Tenant's review and comment.
Tenant agrees to cooperate with Landlord in the Brownfields Process, and to
provide Landlord and its employees and agents such access to the Premises as may reasonably be
required (at reasonable times and on reasonable notice) to conduct Landlord's activities under
this Section.
Tenant hereby consents to the imposition of any and all land use restrictions in the
Brownfields Agreement and Notice of Brownfields Property, provided that they do not
unreasonably interfere with the use of the Premises for industrial purposes.
Tenant acknowledges that the Brownfields Process will continue after the Lease
Date and that the Brownfields Agreement will not be executed until after the Lease Date.
Landlord may, at any time, withdraw its Letter of Intent and terminate its
participation in the Program if Landlord determines, in its sole discretion, that the Brownfields
Process will require Landlord to incur extraordinary expenses or obligations. if Landlord
withdraws its Letter of Intent, (i) Landlord shall have no further obligations under this Section or
otherwise with respect to the Program or the Brownfields Process; and (ii) Tenant may, at its sole
option, prepare and submit to DENR a Letter of Intent seeking eligibility as a PD under the
Program and may take all actions reasonably required to establish its eligibility as a PD and
obtain a Brownfields Agreement. if Tenant elects to pursue eligibility as a PD under the
Program and secure a Brownfields Agreement for the Promises, Tenant shall do so at its sole cost
and expense.
Within a reasonable time following the execution and recording of the
Brownfields Agreement and related documents (including the Notice of Brownfields Property)
("Brownfields Documents"), Landlord shall provide a copy of the Brownfields Documents to
Tenant.
19
PPAB 1556340v2

Tenant shall, at its sole cost, strictly comply with and perform all obligations and
requirements in the Brownfields Agreement which are or could reasonabIy be deemed to be
applicable to a Iessee of the Premises.
Provided that Landlord has not chosen to withdraw its Letter of Intent and
terminate its participation in the Program in accordance with this Section, in the event that
Tenant elects to purchase and becomes the owner of the Premises prior to Landlord's completion
of the Brownfields Process, Tenant shall execute the Notice of Brownfields Property as the
owner of the Premises and record such documents (including any related land -use restrictions) in
the Registry of Deeds or other appropriate land records as required by the Brownfields Program.
Provided that Landlord has not chosen to withdraw its Letter of Intent and
terminate its participation in the Program in accordance with this Section and has executed a
Brownfields Agreement with DENR, in the event that Tenant elects to purchase and becomes the
owner of the Premises at any time, Tenant shall immediately execute and deliver an assignment
and assumption agreement with respect to the Brownfields Agreement substantially in the form
attached to this Agreement as Exhibit C ("Assignment of Brownfields Agreement"), or a
similar document incorporating revisions reasonably requested. by Landlord or DENR, Tenant
shall also cooperate with Landlord in obtaining, and shall take all steps reasonably required by
DENR to obtain, DENR's consent to the Assignment, including the execution of the affidavit
attached to the Assignment of the Brownfields Agreement. Landlord and Tenant agree that the
Assignment shall continue in effect and remain valid as between them, and with respect to third
parties, in the event that DENR decides not to consent to or enter into the Assignment of
Brownfields Agreement.
(g) The obligations of Landlord and Tenant under this Section shall survive
the termination of this Lease.
23. Limitation of Liabilitv.
Any judgment obtained by Tenant against Landlord with respect to this Lease shall be
satisfied only against the interest of Landlord in the Premises. Landlord's interest in the
Premises shall include, without limitation, Rents, and Landlord's interest in insurance proceeds
or condemnation awards from the Premises. Landlord shall not be liable for any deficiency, and
Tenant shall have no right to levy execution of such judgment against any property of Landlord
other than its interest in the Premises, and in no event shall any officer, director, member,
manager, agent or representative of Landlord have any personal liability with respect to this
Lease. Notwithstanding anything in this Section 23 to the contrary, Landlord's liabilities and
obligations under the Asset Contribution Agreement, the Facilities Services Agreement and the
other Related Agreements (as defined in the Asset Contribution Agreement), and Tenant's rights
and remedies in connection therewith, shall not be altered, diminished or otherwise affected by
the terms of this Section 23.
2= _ Entrv.
Landlord and its agents, representatives, employees and mortgagees may enter the
Premises at all reasonable times (except in the event of an emergency when such entry may be
20
PPAB 155634M

made at any time) for the purpose of inspecting the Premises, performing alterations, additions,
improvements and repairs to the Premises or Adjacent Property, exhibiting the Premises to
prospective buyers, mortgagees or tenants (but as to tenants only during the last twelve months
of the Term) or for any other reasonable purpose. Any such entry by Landlord shall not
unreasonably interfere with Tenant's business. Landlord shall also have the right to take all
materials and supplies into the Premises that may be required for the purpose of performing the
foregoing alterations, additions, improvements and repairs without the same constituting a
constructive eviction of Tenant, in whole or in part, and Rent shall not abate while said
alterations, additions, improvements and repairs are being performed.
25. Ss�,gnage-
Tenant may, at its sole cost, install an identification sign for the Premises provided any
such signage shall comply with all applicable laws, ordinances, and regulations.
26. Estoppel.
Either party hereto shall, from time to time, upon thirty (30) days prior notice, deliver to
the other party or its designee or mortgagee, a written statement certifying the following: (a) this
Lease is unmodified and is in full force and effect (or specifying any modifications); (b) the
amount of Rent then payable under this Lease and the date to which Rent has been paid; (e) there
are no defaults under this Lease by Landlord or Tenant, or a detailed description of such default;
(d) Tenant is in possession of the Premises; and (e) any other information] reasonably requested.
If a party fails to execute any such document within thirty (30) days of request, then such party
shall be deemed to have approved such submitted estoppel certificate and all the information set
forth therein.
27. TMS SECTION INTENTIONALLY DELETED.
28. Notices.
All notices, demands, requests and communications given pursuant to the terms of this
Lease shall be in writing and given by: (a) registered or certified U.S, mail, postage prepaid,
return receipt requested; (b) hand delivery; or (c) national ovemight delivery service, and in all
cases sent to the addresses in the Key Provisions Summary. All such notices. demands, requests
and communications shall be deemed given upon the earlier of (i) actual receipt; (H) three (3)
business days after deposit with the U.S, Mail; or (iii) one (1) business day after deposit with
national overnight delivery service (as applicable). Either party may designate a different
address by written notice given to the other in accordance with this Section.
29. Net Lease.
Landlord and Tenant acknowledge a -rid agree that both parties intend that this Lease shall
be and constitute what is generally referred to as a "triple net" or "absolute net" lease, such that
Tenant shah be obligated hereunder to pay all costs and expenses incurred with respect to, and
associated with, the Premises and the business operated thereon and therein, including, without
limitation, all taxes and assessments, utility charges, insurance costs, maintenance costs and
repair and restoration expenses (all as more particularly herein provided) together with any and
21
PPAB 155634M

all other assessments, charges, costs and expenses of any kind or nature whatsoever related to, or
associated with, the Premises and the business operated thereon and therein; provided, however,
that Landlord shall nonetheless be obligated to pay any debt service on any mortgage
encumbering Landlord's fee simple interest in the Premises, and Landlord's personal income
taxes with respect to the rents received by Landlord under this Lease. Except as expressly
provided in this Lease, Landlord shall bear no cost or expense of any type or nature with respect
to, or associated with, the Premises.
30. Option to Purchase Premises.
Tenant shall the right to purchase the entire Premises by delivering to Landlord written
notice of Tenant's exercise of this right not less than sixty (60) days prior to the proposed date of
acquisition. This written notice, once given, is irrevocable. At closing, Landlord shall convey to
Tenant title to the Premises by special warranty deed subject to all matters of record as of the
date of Landlord's receipt of Tenant's notice of exercise of option, the documents contemplated
in Section 22 and all other matters which would have been revealed by a physical survey of the
Premises as of the date of closing. At closing, Landlord and Tenant shall also execute and
deliver such documents as may be necessary to cause the rights and easements and usage rights
of duration set forth in Section 31 to burden the Premises and the Adjacent Property, as
applicable, for the benefit of the Adjacent Property and the Premises, as applicable.
31. Grant of Easements.
(a) Premises Easements. Subject to the terms and provisions of this Section
31(a), Landlord hereby conveys, creates and grants to itself and reserves unto itself the following
easements (collectively, "Premises Easements") over and across the Premises as set forth
below:
(i) Access Easement. A perpetual, non-exclusive usage right and
easement ('`Access Easement") appurtenant to the Adjacent
Property for ingress and egress both physically and with utilities in
a commercially reasonable manner designed to minimize or avoid
damage, interference or disruption to Tenant's use of Premises
(including without limitation the right to use the guardhouse and
related improvements ("Guardhouse") currently located in the
Access Easement Area, in the area designated as the "Parking Lot
and Driveway Easement" on the attached Exhibit D-1, which is
incorporated by this reference ("Access Easement Area");
(ii) Parking Easement. A perpetual, non-exclusive usage right and
easement ("Parking Easement") appurtenant to the Adjacent
Property for fifteen (15) parking spaces (standard size for
automobiles) for the parking of motor vehicles, trailers and other
rolling stock: within that portion of the Access Easement Area
designated as the "Parking Lot Easement" on Exhibit D-4. The
fifteen (15) parking spaces may be unreserved or specially
designated spaces, at Tenant's option, anywhere within the Parking
22
PPAB 155634M

Lot Easement, but 'tenant shall not be required to maintain the
entire Parking Lot Easement for parking purposes. Tenant shall
have the right to restripe, reconfigure the parking spaces within the
Parking Lot Easement or alter the drive aisles within the Parking
Lot Easement, provided that fifteen (15) spaces shall at all times be
available for Landlord's use. Overnight or long-term parking is
included within Landlord's rights herein granted;
(iii) Storm Water and Fire Water. A perpetual, non-exclusive usage
right and easement (collectively, "Storm Water and Fire Water
Usage Rights") in and to those areas which are located on the
Premises designated as "Storm Water Main Easement Area",
"Outfall" and "Fire Water Ring Main Easement" (collectively,
"Water Main Easement Areas") on Exhibit D-2 and Exhibit D-3,
respectively, for the installation, operation, maintenance,
replacement and repair of such utility lines as may be useful in the
judgment of Landlord with respect to the operation of the Adjacent
Property;
(iv) Temporary Space Usage. Commencing on the date hereof and
expiring on the fifth (5'') anniversary of the Lease Date, an
exclusive right to use ("Office Usage Right") the office space
"Temporary Sp ace Usage Area" designated as "Temporary
Office Space" on Exhibit D-4 together with the right to access,
ingress aad egress across the Premises to and from the Office
Space together with the right to use such utilities, common areas
and other improvements as may be available at or with respect to
the Property designated as "Existing Warehouse" on Exhibit D4;
and
(v) Rail Usage. A perpetual, non-exclusive easement and right of
Landlord, its agents and contractors (including without limitation
contracted corm -non carriers) to use the portion of the Premises
("Landlord Railroad Easement Area" and, collectively with the
Access Easement Area, the Water Main Easement Areas and the
Temporary Space Usage Area, "Landlord Easement Areas")
designated as "Rail Easement No. 1" and "Right -of -Way
Easement Agreement Between Monsanto North Carolina, Inc.
and Seaboard Coast Line Railroad Co. DB 2756, PG 227; DB
2272, PG 97" -on Exhibit D-4 for access, ingress, egress and all
other purposes related to the provision of railroad access to and
from the Adjacent Property.
All of the easements and usage rights granted or conveyed to Landlord, or
reserved by Landlord, shall be deemed to be appurtenant to the Adjacent Property, shall run with
title to the Adjacent Property and may be used by all current: and future owners and occupants of
the Adjacent property or any portion thereof
23
PPAB 155634M

(b) Adjacent Property Usage Rights, Subject to the terms and provisions of
this Section 31(b), Landlord hereby grants Tenant the following usage rights with respect to the
portions of Adjacent Property described below, all of which rights shall terminate at the
expiration of the Term or the earlier termination of this Lease, except as otherwise provided in
Section 30.
(i) PiM Bridge Easement. A perpetual, exclusive easement over that
certain area ("Pipe Bridge Easement Area") designated as "10'
Wide Pipe Bridge Easement" on Exhibit D-1 for the construction,
operation, maintenance, repair and replacement of a steel pipe
bridge structure designed and used solely for the elevated crossing
of railroad tracks by utility lines, which pipe bridge structure
Tenant covenants shall at all tirnes comply in all respects with
applicable law and all requirements of the applicable railroad;
(ii) Tenant Rail _Usaae. A perpetual, non-exclusive easement and right
of Tenant, its agents and contractors (including without Iimitation
contracted common carriers) to use the portion of the Adjacent
Property ("Tenant Rail Easement Area") designated as "16'
Wide Tracy Access Easement" on Exhibit D-I for access,
ingress, egress and all other purposes related to the provision of
railroad access to and from the Premises; and
(iii) Storm Water Drainage Easement. A perpetual, non-exclusive
easement and right of Tenant to discharge and drain storm water
from the Premises on, over, across and through that portion of the
Adjacent Property located south of the Premises, and any storm
water drainage facilities located thereon (the "Storm Water
Drainage Facilities", and, collectively with the Pipe Bridge
Easement Area and Tenant Rail Easement Area, the "Tenant
Easement Areas"); provided, however, that Tenant's discharge of
stormwater on, over, across and through the Storm Water Drainage
Facilities shall be in material compliance with the applicable
requirements set forth in Seller's Stormwater Permit, as that term
is defined in the Facilities Services Agreement, including any
amendments or modifications thereto.
(c) Tenant shall, at its sole expense, maintain in good working condition all
Landlord Easement Areas, except the Guardhouse, the Temporary Space Usage Area, the
Landlord Railroad Easement Area, and the Fire Water Ring Main underground pipes including
without limitation the first isolation valve into each riser and related improvements, shall be
maintained by Landlord, in good working condition at Landlord's sole expense. Landlord shall,
at its sole expense, also maintain in good working condition the Tenant Rail Easement Area, the
Fire Water Ring Main's underground pipes (including without limitation the first isolation valve
into each riser), the Storm Water Drainage Facilities and related improvements. Tenant shall
maintain, at its sole expense, in good working condition the Pipe Bridge Easement Area,
Notwithstanding the foregoing, each party shall be responsible for any damage such party or its
24
PPAB 1556340v2

employees, customers, invitees, guests, agents or representatives cause to the landlord Easement
Areas or the Tenant Easement Areas,
In the event that either Tenant or Landlord shall fail to perform their respective
maintenance obligations under this Section 31(c) and such failure shall continue for a period of
thirty (30) days after the giving of written notice to the defaulting party specifying the default,
the non -defaulting party may, (but shall not be obligated to) perform the required maintenance
activities. Notwithstanding the foregoing, no advance notice and cure period is required in the
event such failure causes a material adverse disruption to, or interference with, the business
operations of a party or creates an imminent danger to persons or property, however, notice of
performance of the required maintenance activities shall be provided by the non -defaulting party
to the defaulting party as soon as reasonably practicable. If a non -defaulting party performs
maintenance obligations pursuant to this Section 31(c), the defaulting party shall reimburse the
non -defaulting party for all costs incurred by the non -defaulting party in connection with the
performance of such required maintenance obligations within ten (10) days of demand by the
non -defaulting party therefor.
(d) Rights to Install and Maintain Improvements. All of the easements and
usage rights granted pursuant to this Section 31 shall include the right of the owner of the
dominant estate to enter unto the applicable Landlord Easement Area or Tenant Easement Area
for the purpose of installation, repair, replacement, construction and, if the party obligated to
maintain such improvements under Section 31(c) has failed to do so in accordance with Section
31(c), maintenance of such improvements as may be reasonably necessary to allow the
enjoyment of the applicable easement or usage right by the owner of the dominant estate so long
as such activities and/or improvements do not unreasonably interfere with the usage of the
servient estate by the owner/occupant of the servient estate.
32. Miscellaneous.
(a) Accord and Satisfaction. No payment by Tenant or receipt by Landlord of
a lesser amount than any instalment or payment of Rent clue shall be deemed to be other than on
account of the amount due, and no endorsement or statement on any check or payment of Rent
shall be deemed an accord and satisfaction.
(b) Attorney's Fees. If any action is taken to enforce any provision of this
Lease, the prevailing party shall be entitled to recover from the other party its reasonable
attorneys' fees and all costs incurred in such enforcement.
(c) Authori . Each of the persons executing this Lease on behalf of Tenant
does hereby covenant and warrant that Tenant is a duly authorized and existing corporation,
limited liability company or partnership, as the case may be, that Tenant has and is qualified to
do business in the State where the Premises are located, that Tenant has full right and authority to
enter into this Lease and that each and all of the persons signing on behalf of Tenant are
authorized to do so. Upon Landlord's request, Tenant shall provide Landlord with evidence
reasonably satisfactory to Landlord supporting the foregoing representations.
25
FPAB t 55634M

(d) Brokers. Landlord and Tenant each represent and warrant to the other that
they have not dealt with any real estate agent or broker in connection with this transaction, other
than the Broker. Landlord and Tenant each hereby indemnify and save the other harmless from
and against all loss, cost and expense incurred by reason of a breach of such representation or
warranty.
(e) Counterparts. This Lease may be executed in two (2) or more
eo1anterparts with all being deemed collectively as one (1) lease.
(f) Cumulative Remedies. All rights and remedies of any party hereto created
under this Lease or rights and remedies otherwise existing at law or in equity are cumulative, and
the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to
the exercise of any other.
(g) Easements. Agreements or Encumbrances. The parties hereto shall be
bound by all existing easements, agreements, and encumbrances of record filed in the county in
which the -Premises are located relating to the Premises and Landlord shall not be liable to
Tenant for any damages resulting from any action taken by a holder of an interest in the Premises
pursuant to the rights of that holder thereunder.
(h) Effect of Delivery. Landlord has delivered a copy of this Lease to Tenant
for Tenant's review only, and the delivery hereof does not constitute an offer to Tenant. This
Lease shall not be effective until a copy executed by both Landlord and Tenant is delivered to
and accepted by Landlord.
(i) Entire Agreement, This Lease, the Asset Contribution Agreement and the
Related Agreements (as defined in the Asset Contribution Agreement) represents the entire
agreements between Landlord and Tenant with respect to the Premises, and all prior and
contemporaneous discussions and documents are superseded by this Lease. Any statement or
representation not contained herein shall not be binding on either party. All subsequent
amendments hereto must be in writing and signed by the parties hereto. The execution, delivery
and performance by Landlord and Tenant of their obligations under this Lease does not modify
any of their respective rights and obligations under the Facilities Services Agreement, the Asset
Contribution Agreement or the other Related Agreements,
0) Force Maieure. Whenever a period of time is herein prescribed for the
taking of any action by either party hereto, such party shall not be liable or responsible for, and
there shall be excluded from the computation of such period of time, any delays due to acts of
God, strikes, accidents, casualties, shortage of materials or supplies, labor disputes, wars, riots,
storms or any other cause whatsoever beyond the reasonable control of such party ("Force
M_a i eu re").
(k) Governing Law. This Lease shall be construed and enforced in
accordance with the laws of North Carolina.
(1) Invalidity. The invalidity or unenforceability of any term herein shall not
affect the validity or enforceability of any other term or provision of this Lease.
2&
PPAS 1556340v2

(m) Memorandum. This Lease shall not be filed or recorded on the public
record.; provided, however, a memorandum thereof shall be recorded at Tenant's sole cost.
(n) Successors and Assigns, This Lease shall inure to the benefit of, and shall
be binding upon, the parties hereto and their respective successors and assigns.
(o) Survival. Tenant's obligations hereunder shall survive the expiration or
earlier termination cf this Lease to the extent expressly provided in this Lease.
(p) Time. Time is of the essence in each and every provision regarding
performance under this Lease.
(q) Waiver. No release, discharge or waiver of any provision hereof shall be
enforceable against or binding upon Landlord or Tenant unless in writing and executed by
Landlord or Tenant, as the case may be. Neither the failure of Landlord or Tenant to insist upon a
strict performance of any of the terms, provisions, covenants, agreements and conditions hereof,
nor the acceptance of any Rent by Landlord with knowledge of a breach of this Lease by Tenant
in the performance of its obligations hereunder, shall be deemed a waiver of any rights or
remedies that Landlord or 'Tenant may have or a waiver of any subsequent breach or default in
any of such terms, provisions, covenants, agreements and conditions.
(r) Facilities Services Agreement. Landlord agrees that its obligations under
the Facilities Services Agreement dated of even date herewith between Landlord and Tenant is a
material portion of Landlord's consideration for Tenant's obligations under this Lease, and such
Landlord's obligations shall be deemed obligations of Landlord under this Lease.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
17
PPAB 155634M

IN WITNESS WHEREOF, Tenant and Landlord have executed this Lease as of the date and
year first above written.
LANDLORD:
DAK A v ERICAS, LLC, a Delaware limited
habi'
By:
Prini
Title
By: !e . —
Print 4Ne ocy?©�9Title--1�ecv4�Jc Vict Qle�jde
[SIGNATURES CONTLN'UED ON FOLLOWING PAGE]
28
PPAS I556340v2

[SIGNATURES CONTINUED FROM PRECEDING PAGE]
TENANT:
CLEAR PATH RECYCLING, LLC, a Delaware
limitod liability company
Shaw s , im., its lfar x
�! $Y
Print Name; Ce-R
Title: V.- P.__A ministration
By:
Print Name:
Title:
541824 4.04C
29
PPAB 1556340vZ

jSiGNATURES CONnNUED FROM PRECEDING PAGE]
TENANT:
CLEAR, PATH RECYCLING, LLC, a Delaware
limited liability company
By: DA
By:
Nar
T'rtl+
By:
Nan
Title

EXHIBIT A
PREMISES LEGAL DESCRIPTION
BEING all that tract of lands located in the Cedar Creek Township,
Cumberland County, North Carolina, located on the southern side of Cedar Creek
Road (NC HWY 53/210) and being a portion of the lands of DAK Americas, LLC
known as Tract 1 as described in Deed Book 6379, Page 812 and in Plat Book
110, Page 9 as recorded in the Cumberland County Registry and being more
particularly described as follows:
Beginning at an existing concrete monument (control comer) in the
southern right -of- way margin of Cedar Creek Road (NC HWY 53/210), said
concrete monument being N 33124'19" E 378.40 feet from a Plant Control
Monument having Plant Grid Coordinates R=12+50; S=4+00; thence running for
the next three (3) courses: S 21 °29'17" W 550.89 feet to an existing concrete
monument; thence S 68°46'32" E 717.28 feet to an existing iron pipe; thence S
5001934" E 307.42 feet to an existing iron pipe; thence for the next four (4)
courses: S 10°56'30" W 107.31 feet to an existing iron pipe; thence S 17°51'10"
W 183.93 feet to an existing iron pipe; thence S 08020'31" W 240.15 feet to an
existing concrete monument; thence S 56°36128" E 76.97 feet to an existing
concrete monument; thence for the next two (2) courses: S 58°5647" W 89.95
feet to an existing concrete monument; S 60°51100" W 626.37 feet to an iron rod
set; thence N 67°46'58" W 441,36 feet to an iron rod set; thence N 67°34'42" W,
130.27 feet to an iron rod set; thence N 66032139" W 108.41 feet to an iron rod
set; thence N 57°56'46" W 64.80 feet to an iron rod set; thence N 49°36'47" W
38.29 feet to an iron rod set; thence N 34107'14" E, 31.45 feet to an iron rod set;
thence N 43'4614" W, 319.26 feet to an iron rod set; thence N 49'05'11" W,
66.27 feet to an iron rod set; thence N 54°47126" W, 67.42 feet to an iron rod set;
thence N 60°10'03" W, 47.51 feet to an iron rod; thence N 68"54'39" W, 81.87
feet to an iron rod set; thence N 21°23'02" E, 30.08 feet to a PK masonry nail set,
thence S 82°52'55" E, 26.73 feet to an iron rod set; thence S 78°0441" E, 77.27
feet to an iron roll set; thence S 71°52'53" E, 54.08 feet to an iron rod set; thence
S 68048' 15" E, 237.41 feet to an iron rod set; thence S 71 ° 10'22" E, 18.61 feet to
an iron rod set; thence S 74°33'4I" E, 26.42 feet to an iron rod set; thence S
76014'11" E, 160.68 feet to a PK masonry nail set; thence S 76'31'53" E, 39.45
feet to an iron rod set; thence S 69°56'56" E, 43.60 feet to an iron rod set; thence
S 68043'59" E, 336.03 feet to a PK masonry nail set; thence S 70*28100" E, 62.79
feet to an iron rod set; thence S 74' 11'28" E, 15.19 feet to an iron rod set; thence
N 74043'46" E, 118.16 feet to an iron rod set; thence N 68°45'16" W, 219.35 feet
to an iron rod set; thence N 19034'31" E, 15.66 feet to a PK masonry nail set;
thence N 69°10'49" W, 103.81 feet to an iron rod set thence N 21°33'25" E,
126.82 feet to an iron rod set; thence for the next seven (7) courses: N 68°47'28"
W, 285.11 feet to an iron rod set; thence S 21 ° 11'46" W, 150.04 feet to an iron

rod set; thence N 68°57'3I" W, 19.20 feet to an iron rod set; thence S 211T]6"
W, 11.84 feet to an iron rod set; thence N 68'50'14" W, 131.23 feet to an iron rod
set; thence N 21°23'07" E, 11.93 feet to an iron rod set; thence N 68°50'14" W,
300.55 feet to an iron rod set; thence N 21°23102" E, 353.65 feet to punch mark
set in concrete; thence N 68°4946" W, 363.55 feet to an iron rod set; thence N
20041'49" E, 629.22 feet to an iron rod set; thence N 68°45'23" W, 336.91 feet to
an iron rod set; thence N 21105'48" E, 361.48 feet to an iron rod set on the
southern right-of-way margin of Cedar Creek Road (NC HI Y 53/210), said iron
rod being S 51 ° 14'18" E 172.50 feet from a PK masonry naiI set at the centerline
intersection of John B. Carter Road (SR 2010) and Cedar Creek Road (NC HWY
53/210); thence with said margin S 68°45'05" E 1183.52 feet to the Point of
Beginning and containing 52.61 acres, more or less, as shown and delineated as
"Tract IA" on that certain Location Survey for DAK Americas, LLC and Clear
Path Recycling, LLC, prepared by Thomas E. Jasuta, North Carolina Land
Surveyor No. L-3642 of McKim & Creed, dated January 8, 2009, which survey is
incorporated herein by reference thereto.
5349099 2.DOC
2

EXHIBIT B
ADJACENT PROPERTY LEGAL DESCRIPTION
Lying and being in Cumberland County, State of North Carolina and being more particularly
described as follows:
Begiuning at a point in the southern right-of-way margin of North Carolina Highway 53,
said highway having a right-of-way of 120 feet; said beginning point being marked by a concrete
monument and being the northeast comer of the property of Maurice Suggs and the northwest
corner of land shown as Parcel 1 on a Plat of Subdivision recorded in Plat Book 110, Page 09 in
the Cumberland County Registry; thence with the southern right-of-way of Highway 53 S. 681
44' 35" E. 529.02 feet to an existing concrete monument, the northwest corner of parcel A as
shown on said Plat of Subdivision; thence leaving said right -of way and with the western line of
parcel A S. 12° 44' 07" W. 319.88 feet to an existing iron stake, the southwest corner of parcel
A; thence with the southern line of parcel A S. 76" 23' 29" E. 173.47 feet to an existing iron pipe
the southeast corner of parcel A; thence with the eastern Iine of said parcel A N. 15' 37' 3 1 " E.
294.56 feet to an existing iron stake in the southern right-of-way for Highway 53; thence with
the southern right-of-way of Highway 53 S. 681 39' 50" E. 418.29 feet to an existing concrete
monument, the northwest corner of parcel B as shown on said Plat of Subdivision; thence leaving
said right -of way and with the west line of parcel B S. 21121' 27" W. 169.83 feet to an existing
iron pipe; thence S. 68' 41' 37" E. 120.99 feet to an existing iron rod with an aluminum Rose
Group Disk cap; thence S. 68° 31' 46" E. 79.48 feet to an existing iron pipe; thence S. 21° 59'
24" W. 42.43 feet to an existing iron pipe, the southwest corner of parcel D; thence S. 68155'
4 1 " E. 527.41 feet to an existing iron pipe, the southeast comer of parcel G as shown on said Plat
of Subdivision; thence with the east line of parcel G N. 21' 23' 00" E. 210.66 feet to an existing
iron stake in the southern right-of-way for Highway 53; thence with the southern right-of-way of
Highway 53 S. 68' 45' 05" E: 1,899.85 feet to an existing concrete monument, the northwest
corner of the E.M. Starling property recorded in Deed Book 983, Page 123 in the Cumberland
County Registry; thence leaving said right -of way and with said E.M. Starling's west line S. 21'
29'. 17" W. 550.89 feet to an existing concrete monument E.M. Starling's westernmost cornier;
thence with E.M. Starling's south line S. 68146' 32" E. 717.28 feet to an existing iron pipe and a
corner in E.M. Starling's south line; thence continuing S. 50' 19' 34" E. 307.42 feet to an
existing iron pipe, E.M. Starling's south most corner and a corner along the westerly line of
Falling Run Missionary property line recorded in Deed Book 3576, Page 159 in the Cumberland
County Registry;; thence with the westerly line of Falling Run Missionary property S. 10' 56'
30" W. 107.31 feet to an existing iron pipe; thence continuing along the westerly line of Falling
Run Missionary property S. 17' 51' 10" W. 183.93 feet to an existing iron pipe; thence
continuing along the westerly line of Falling Run Missionary property S. 08° 20' 31" W. 240.15
feet to an existing concrete monument; thence continuing along the westerly line of Falling Run
Missionary property S. 56° 36' 28" E. 76.97 feet to an existing concrete monument the south
most comer of Falling Run Missionary property and a point in the NC Products Company's
northerly line recorded in Deed Book 3237, Page 818 in the Cumberland County Registry;
thence with said NC Products Company's northerly line S. 58' 56' 47" W. 89.95 feet to an
existing concrete monument; thence continuing with. NC Products Company tine S. 601, 51' 00"
W. 2,063,64 feet to an existing concrete monument on the high bank of the Cape Fear river;
thence continuing S. 60' 51' 00" W. 35.49 feet to a point on the Cape Fear River; thence with the
PPAB 1555696v2

Cape Fear River along a meander line N. 69' 23' 00" W. 500.00 feet to a point on the Cape Fear
River; thence continuing with the Cape Fear River N. 78136' 49" W. 622.90 feet to a point on
the Cape Fear River; thence a line leaving said meander line of the Cape Fear River, and
separating Parcel 1 from Parcel 2 as shown on a Plat of Subdivision recorded in Plat Book 110,
Page 09 in the Cumberland County Registry N. 34' 39' 19" E. 29.84 feet to an existing iron rod
with an aluminum Rose Group Disk cap on the high bank of the Cape Fear River; thence
continuing N. 34° 39' 19" E. 580.54 feet to an existing iron rod with an aluminum Rose Group
Disk cap; thence a new line N. 69' 50' 15" W. 262.48 feet to an existing iron rod with an
aluminum Rose Group Disk cap; thence a line N. 20' 09' 37" E. 229.91 feet to an existing iron
rod with an aluminum Rose Group Disk cap; thence a line N. 68' 46' 33" W. 211.33 feet to an
existing iron rod with an aluminum Rose Group Disk cap, said Rose Group Disk being in the
easterly property line of E.I. Dupont De Nemours and Company recorded in Deed Book 4787,
Page 536 as shown on a Plat of Subdivision recorded in Plat Book 110, Page 09 in the
Cumberland County Registry; thence with said easterly line of E.I. Dupont De Nemours and
Company N. 21' 06' 13" E. 222.49 feet to an existing concrete monument; thence continuing
with the easterly line of E.T. Dupont De Nemours and Company N. 45' 03' 29" E. 125.70 feet to
an existing cotton spindle; thence N. 21' 11' 55" E. 598.25 feet to an existing concrete
monument, the northeast corner of said E.I. Dupont De Nemours and Company; thence with the
north line of E.I. Dupont De Nemours and Company N. 68' 32' 16" W. 247.73 feet to an existing
concrete monument, the southeast corner of the Fayetteville Fiber, Inc. property recorded in
Deed Book 5772, Page 600 in the Cumberland County Registry; thence with said Fayetteville
Fiber Inc.'s easterly line N. 21' 08' 53" E. 850.96 feet to an existing concrete monument; thence
continuing with Fayetteville Fiber Inc.'s easterly line N. 11' 19' 50" W. 71.60 feet to an existing
concrete monument a point in Fayetteville Fiber Inc.'s northerly line; thence N. 68' 47' 17" W.
599.60 feet to an existing iron rod with an aluminum Rose Group Disk cap, a point in
Fayetteville Fiber Inc.'s northerly line; thence continuing N. 68' 47' 17" W. 241.48 feet to an
existing concrete monument, Fayetteville Fiber Inc.'s northwest corner; thence with Fayetteville
Fiber Inc.'s westerly line S. 21' 16' 37" W. 907.18 feet to an existing iron stake, Fayetteville
Fiber Inc.'s southwest comer, said stake also being in E.I. Dupont De Nemours and Company's
north line; thence with E.I. Dupont De Nemours and Company's north line N. 68' 32' 27" W.
52.56 feet to an existing concrete monument; thence continuing with E.I. Dupont De Nemours
and Company's north line N. 68' 32' 24" W. 783.31 feet to an existing concrete monument, said
concrete monument also being in Maurice Suggs' western line; thence with Maurice Suggs'
westem line N. 12' 49' 20" E. 1,240.75 feet to the Beginning and containing 171.82 acres and
being subject to all legal highways and easements of record.
SAVE AND EXCEPT THAT CERTAIN TRACT OF LAND LYING IN CEDAR
CREEK TOWNSHIP, CUMBERLAND COUNTY, NORTH CAROLINA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING all that tract of lands located in the Cedar Creek Township, Cumberland
County, North Carolina, located on the southern side of Cedar Creek Road (IC HWY
53/210) and being a portion of the lands of DAK Americas, LLC known as Tract 1 as
described in Deed Book 6379, Page 812 and in Plat Book 110, Page 9 as recorded in the
Cumberland County Registry and being more particularly described as follows:
PPAB 1555696v2

BEING all that tract of lands located in the Cedar Creek Township, Cuanberland
County, North Carolina, located on the southern side of Cedar Creek Road (NC HWY
53/210) and being a portion of the lands of DAK Americas, LLC known as Tract 1 as
described in Deed Book 6379, Page 812 and in Plat Book 110, Page 9 as recorded in the
Cumberland County Registry and being more particularly described as follows:
Beginning at an existing concrete monument (control corner) in the southern
right -of- way margin of Cedar Creek Road (NC HWY 53/210), said concrete monument
being N 33'24'19" E 378.40 feet from a Plant Control Monument having Plant Grid
Coordinates R=12+50; S= 4+00; thence running for the next three (3) courses: S
21029'17" W 550.89 feet to an existing concrete rnonurnant; thence S 68'46'32" E 717.28
feet to an existing iron pipe; thence S 50° 19'34" E 307.42 feet to an existing iron pipe;
thence for the next four (4) courses: S 10`56130" W 107.31 feet to an existing iron pipe;
thence S 17'5 i'l0" W 18393 feet to an existing iron pipe; thence S 0812011" W 240.15
feet to an existing concrete monument; thence S 56°3628" E 7697 feet to an existing
concrete monument; thence for the next two (2) courses: S 58'56`47" W 8995 feet to an
existing concrete monument; S 60'51'00" W 626.37 feet to an iron rod set; thence N
67046'58" W 441.36 feet to an iron rod set; thence N 67'34'42" W, 130.27 feet to an iron
rod set; thence N 66'3239" W 108.41 feet to an iron rod set; thence N 57156146" W
64.80 feet to an iron rod set; thence N 49"36'47" W 38.29 feet to an iron rod set; thence N
34°07'14" E, 31.45 feet to an iron rod set; thence N 43'46'14" W, 319.26 feet to an iron
rod set; thence N 49'05'11" W, 66.27 feet to an iron rod set; thence N 54"4726" W,
67.42 feet to an iron rod set; thence N 60' 10'03" W, 47.51 feet to an iron rod; thence N
68"54'39" W, 81.87 feet to an iron rod set; thence N 21'23'02" E, 30.08 feet to a PK
masonry nail set; thence S 82152'55" E, 26.73 feet to an iron rod set; thence S 78°04'41"
E, 77.27 feet to an iron rod set; thence S 71'52'53" E, 54.08 feet to an iron rod set; thence
S 68°48'] 5" E, 237.41 feet to an iron rod set; thence S 71'10'22" E, 18.61 feet to an iron
rod set; thence S 74'33141" E, 26.42 feet to an iron rod set; thence S 76'14'11" E, 160.68
feet to a PK masonry nail set; thence S 7691'53" E, 39.45 feet to an iron rod set; thence
S 69056'56" E, 43.60 feet to an iron rod set; thence S 68'43'59" E, 336.03 feet to a PK
masonry nail set; thence S 70128'00" E, 62.79 feet to an iron rod set; thence S 74011,28"
E, 15.19 feet to an iron rod set; thence N 74'43'46" E, 118.16 feet to an iron rod set;
thence N 68'45'16" W, 219.35 feet to an iron rod set; thence N 19'34'31" E, 15.66 feet to
a PK masonry nail set; thence N 69'10'49" W, 103.81 feet to an iron rod set; thence N
21033'25" E, 126.82 feet to an iron rod set; thence for the next seven -(7) courses: N
68"4728" W, 285.11 feet to an iron rod set; thence S 21°11'46" W, 150.04 feet to an iron
rod set; thence N 68'57'31" W, 19.20 feet to an iron rod set; thence S 21'17'16" W, 11.84
feet to an iron rod set; thence N 68'50'14" W, 131.23 feet to an iron rod sct; thence N
21'23'07" E, 11.93 feet to an iron rod set; thence N 68'50'14" W, 300.55 feet to an iron
rod set; thence N 21'23'02" E, 353.65 feet to punch mark set in concrete; thence N
68049'46" W, 363.55 feet to an iron rod set; thence N 20'41'49" E, 629.22 feet to an iron
rod set; thence N 68°45'23" W, 336.91 feet to an iron rod set; thence N 21'05'48" E,
361.48 feet to an iron rod set on the soutbern right-of-way margin of Cedar Creek Road
(NC HWY 53/210), said iron rod being S 5I'14'18" E 172.50 feet from a PK masonry
nail set at the centerline intersection of John B. Carter Road (SR 2010) and Cedar Creels
Road (NC HWY 531210); thence with said margin S 68"45'05" E 1183.52 feet to the
Point of Beginning and containing 52.61 acres, more or less, as shown and delineated as
3
PPAS 1555696v2

"Tract 1A" on that certain Location Survey for DAK Americas, LLC and Clear Path
Recycling, LLC, prepared by Thomas E. Jasuta, North Carolina Land Surveyor No. L-
3642 of McKim & Creed, dated January S, 2009, which survey is incorporated herein by
reference thereto.
54336281.DOC
4
PPAB 1555696v2

EXHIBIT C
FORM OF
ASSIGNMENT OF BROWNFIELDS AGREEMENT
THIS ASSIGNMENT OF BROWNFIELDS AGREEMENT (this "Assignment Agreement") is
entered into and effective this day of by and between the DAK Americas LLC,
a Delaware limited liability company ("DAK"); Clear Path Recycling, LLC., a Delaware limited liability
company ("Clear Path"); and the North Carolina Department of Environment and Natural Resources
("DENR").
Recitals
A. On December 9, 2003, DAK's predecessor in interest, DAK Resins, LLC, submitted to DENR its
letter of intent to seek a Brownfields Agreement pursuant to the Brownfields Property Reuse Act of 1997,
N.C,G.S_ § 130A-310.30, et seq. (the "Act") with respect to approximately 171.82 acres of land located at
3468 Cedar Creek Road, Fayetteville, Cumberland County, North Carolina (the "Brownfields
Property"). The Brownfields Property is the subject of this Assignment Agreement.
B. Clear Path contracted to purchase an approximately 52.61 acre portion of the Brownfields
Property (the "Sale Parcel") from DAK by contract dated (the "Land Contract").
C. DAK and DENR negotiated the terms of a Brownfields Agreement governing the redevelopment
of the Brownfields Property, and submitted that agreement for a 30-day public comment period
commencing
D. The Brownfields Agreement was executed by DAK and DENR and became effective on
(the "Brownfields Agreement"),
E, DAK desires to assign certain rights and obligations under the Brownfields Agreement to Clear
Path, and DENR consents to such assignment, subject to the terms and conditions of this Assignment
Agreement.
NOW THEREFORE, in consideration of the premises and the covenants and obligations set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, DAK and Clear Path agree, and DENR consents to that agreement, as follows:
I . Rights and benefits of the Brownfields Agreement. As the purchaser of the Sale Parcel, Clear
Path and certain other parties (including Clear Path's lender(s)) are entitled to the benefits of the liability
protection provided in the Brownfields Agreement to the extent provided in the Act, including without,
limitation the protections in paragraphs — and _ of the Brownfields Agreement (relating to DENR's
covenant not to sue and contribution protection) with respect to the Sale Parcel. DAK retains its rights to
and benefits of the liability protection granted under the Brownfields Agreement, including without
limitation the protections in paragraphs — and _ thereof with respect to the Sale Parcel,
2. Assignment of other rights_and obligations, Without limiting the retention of rights and
protections pursuant to Paragraph 1, above, DAK assio s and transfers to Clear Path its rights and
obligations effective or arising under the Brownfields Agreement on or after the Closing Date with
respect to the Sale Parcel; provided, however, that DAK does not assign or transfer its obligations
pursuant to (i) any obligation under the Brownfields Agreement to pay more than 50% of DENR's
reasonable costs of reviewing this Assignment Agreement, and (ii) Paragraphs , and _, to the extent
PP AB 1520084v2

that they relate to claims by or against DAK relating to the Sale Parcel. DAK expressly retains its rights
and obligations under the Brownfields Agreement that arose prior to the Closing Date with respect to the
Sale Parcel, including without limitation the requirement to retain certain records predating the Closing
Date pursuant to Paragraph_ of the Brownfields Agreement.
3. Clear Pa_th's consent to be bound by Brownfields Agreement. Subject to DAK's retention of
certain obligations as outlined in Paragraph 2 of this Assignment Agreement, Clear Path hereby consents
to be bound by the terms of the Brownfields Agreement with respect to the Sale Parcel, including without
limitation the certification requirement in Section _ of the Brownfields Agreement. Attached as
Exhibit A to this Assignment Agreement is an affidavit signed by Clear Path's authorized representative,
providing information necessary under the Act to certify that Clear Path is qualified for the Brownfields
Agreement.
4. Payment of DENR review costs. DAK and Clear Path each agree to pay 50% of the reasonable
costs incurred by DENR to review this request for its consent to assign or transfer the benefits and
obligations under the Brownfields Agreement with respect to the Sale Parcel. ,
5. Mutual indemnities of"DAK and Clear Path. DAK and Clear Path each agree to indemnify,
defend and hold harmless the other and their respective officers, directors, members, employees, agents,
successors and assigns from and against any claims, suits, demands, notices, damages, assessments, costs
or expenses (including without limitation reasonable attorney's and consultant's fees) arising out of their
respective failure to carry out the obligations assigned to or retained by them, as the case may be, under
this Assignment Agreement. The parties' indemnity obligations shall survive indefinitely.
fir. DENR Consent. DENR hereby consents to th-. assignment of rights and obligations under the
Brownfields Agreement with respect to the Sale Parcel from DAK to Clear Path as set forth herein.
7. Authority to enter into this assignment. Each signatory to this Assignment Agreement
represents that he or she is fully authorized to enter into the terms and conditions of this Assignment
Agreement and to legally bind such party, and in the case of Clear Path to legally bind Clear Path to the
terms and conditions of the Brownfields Agreement to the extent set forth herein.
8. Modification of the Brownfields Agreement. This Assignment Aa eement shall be considered
a modification of the Brownfields Agreement to the extent provided herein. All other provisions, rights
and obligations of the Brownfields Agreement are ratified hereby and remain in full force and effect.
9. Successors and ass_ians. This Assignment Agreement shall apply to and be binding on DEAR,
and on DAK, Clear Path and their respective officers, directors, members, managers, tmployees and
agents.
10. Seyerability. The severability, invalidity or unenforceability of any provision or portion of this
Assignment Agreement shall not affect the validity or enforceability of any other provision or portion
hereof_
I]. _Applicable law_. This Assignment Agreement shall be governed by, and construed in accordance
with, the laws of the State of North Carolina, without regard to its conflicts of laws rules.
12. Amendment and Modification. This Assignment Agreement may be amended or modified in
whole or in part only upon the written agreement of Clear Path, DAK and DENR.
2
PPA13 1520084v2

13. Captions. Paragraph titles and captions contained in this Assignment Agreement are inserted
only as a matter of convenience and as reference and in no way define, limit, extend or describe the scope
of this Assignment Agreement or the intent of any of its provisions.
14. Entire Agreement. This Assignment Agreement constitutes the entire agreement of the parties
with respect to the matters contemplated by this Assignment Agreement, and supersedes any and all prior
written or oral agreement& between the parties.
15. Counterparts. This Assignment Agreement may be executed in two or more counterparts, each
of which together steal I constitute one instrument.
16. DENR Consent. Should DENR choose not to consent to and execute this Assignment
Agreement, th-- terms applicable to Clear Path and DAK shall remain in full force and effect as between
those parties, once both Clear Path and DAK have executed this Assignment Agreement,
17. Recitals. The recitals are incorporated by reference.
WHEREFORE, the parties have executed this Assignment Agreement as of the date first above written.
(Signatures on Next Page]
P P A 8 1520084v2

DAK Resins, LLC
By:
Its:
By:
Its:
Clear Path Recycling, LLC
By:
Its:
NORTH CAROLLNA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES [as applicable]
Its:
5437777_2.DOC
PPAQ 1520084v2,

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF: )
CLEAR PATH RECYCLING, LLC )
AFFIDAVIT
UNDER THE AUTHORITY OF )
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY AND
STATUTES § I30A-310.30, ET. SEQ. ) COMPLIANCE
I am
being duly sworn, hereby deposes and says:
of Clear Path Recycling, LLC or its successor ("Clear Path").
DAK Resins, LLC entered into a Brownftelds Agreement with the North Carolina Department of
Environment and Natural Resources, pursuant to N.C.G.A. 130A, Article 9, Part 5 (Brownftelds Act), in
relation to the following parcel in Charlotte, Mecklenburg County, North Carolina: 4933 Brookshire
Boulevard (the "Parcel"). DAK Resins, LLC intends to assign certain of its rights and obligations under
the Brownftelds Agreement to Clear Path.
I hereby certify, under the pains and penalties of perjury and of the Brownfelds Act, that Clear
Path, and any parent, subsidiary or other affiliate, meets the eligibility requirements ofN.C.G.S. 130A-
310.31(b)(I0), in that it did not cause or contribute to the contamination at the Parcel.
I hereby certify, under the pains and penalties of perjury and of the Brownftelds Act, that Clear
Path meets the eligibility requirement of N.C.G.S. 130A-310.32(a)(1) in that it, and any parent, subsidiary
or other affiliate, has substantially complied with:
a. fire terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party,
b. the requirements applicable to any rernediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
c, federal and state laws, regulations and rules for the protection of the environment.
Aft ant further saith not.
[Signature on following Pagel
PPAa 1520084v2

Clear Path Rccycling, LLC Date
Sworn to and subscribed before me
this day of
Notary Public
My commission expires: (SEAL)
PPA13 1520034v2

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STORM WATER MAIN AND OUTFALL EASEMENT
EXHIBIT D-2
SHADED AREA IS STORM WATER
MAIN EASEMENT AREA

FIRE WATER RING MAIN EASEMENT
EXRIBIT D-3
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FERE WATER RING
2NIMN EASEMENT

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5. Survey

\ ` EASEMENT
\ �,.L0 \ t CAROLINA POWER & LIGHT COMPANY HIGHTWAY RIGHT OF WAY LINE G tom!' f7 //1 C+ C p A t= A I T�
' ".� r ` - `' W' -^-'.. ' "�% ' )'% ENT r *^ " T ,, r Z �y n N.C. DEPARTMENT OF TRANSPORTATION L J -I"lJ G--1 "' � 1 Y I
PK NAIL SET AT THE CENTERLINE INTERSECTION \ PK \ CAROLINA POWER & UGH7 COMPANY CEDAR CREEK ROAD `N H��WAY 53 /L`10) � 20' P�,iRI._�C` R �W DB 2391, PG 269
72 i - (TIE)
! , STATE HIGHWAY PROPJECT 6.801882
OF JOHN B. CARTER RD. (SR 2010) & \ �.r`e1R,. �kAW1Nv 4+ RW-A-a282 R"
CEDAR CREEK ROAD (NC HIGHWAY 53/210) \ _ "'� 172.50' (TIE) DB 2473, PG 359
IRS w S68'45'05"E 1183.52' (TOTAL)
c� P ECM
518.96,
\ WATER / J J / / (PARKING LOT EASEMENT) / 41► v _
1n \ / ----
t POINT OF BEGINNING
VAULT
CONTROL CORNER ""'�•-- .,.. „�
SIGN WITH LIGHTS
CONIC. FLUmk / / / / / / / ! / / / J / 0 0 o DI
\ �� J J / / 1'i ! / / / ! / / / t� J J /� PARKING LOT AND DI DI DI t
_ • ' ! / J J / J / J J J J / / J I DRIVEWAY EASEMENT
YMASONRY UTILITY)
_ BUILDING ' GATE P) J / / / J / J - / / / JJ J ! J�h HALT PARKING tF '
VICINITY MAP 35• ( kq
a / / J / / / {!x / / / rnl. �'► -'' �". /
/ / / / p y. EA (UNSTRIPED) r /
(NOT TO SCALE)
BASELINE OF A 140' OGRESS J J BUILDING CORNERS In
CP&L ELECTRICAL EASEMENT I ERGy / /5.0' FROM BOUNDARY LINE) / ! J J / J GUARD DI
LEGEND: DB 2473, PG 359 BSTATION ! /
IRS® IRS -IRON ROD SET "' / / / / / HOUSE
METAL / // / � / / / / ! / / / / / / I ra i ,� N68'45'16"W 219.35' IRS
Elr0 EIP-EXISTING IRON PIPE UTILITY / ! / / / / / / / / / / / / / / GATE C1 'N LINK FENCE
PRO ECM -EXISTING CONCRETE MONUMENT CONTROL 51.0' / / / A .� ^ 15' RCP /
Q PK-PK MASONRY NAIL SET BUILDING / / / ?•r J / / i/ J / JL2 I�' tt
J J / METAL/ J / N68'47'22"W 1100.33' (TIE) I GATE I N/r "NCO N� pt'�1l
cP SUBSTA / / / / J J J / J N8844.56" / t1 DB 983,AFIGr123 ,yAE' ba'1 G vA
Q PM -PUNCH MARK SET 51.4` / / / / 1 I
O CP-COMPUTED POINT BUILDIN / / / / / / / / / / / 4 r �aA A�
_ L
N/F-NOW OR FORMERLY 0tS ---------- -/low - \<� -------"--- -k------- �-- --- O�\�� J
R/W-RIGHT OF WAY _ ---- ---- 5 / SS AREA , S68'46'44" 6.22' ECM
PROPERTY LINE ECM ---- 3 RS 154.68' - - /
/ N88'45'I6"W +
ADJACENT PROPERTY LINE PLANT CONTROL MONUMENT GRASS AC UNIT 'N68'44'02`W 641.05' ,� /
RIGHT-OF-WAY R=23+50 N68'4523"W G AREA ON CONC PAD MONITORING WELL EASEMENT / .- GRASS
X FENCELINE 5=4+00 338 91• j' POLE AGREEMENT BETWEEN DAK RESINS, LLC rp IN AREA PLANT CONTROL MONUMENT
50 STORM DRAIN SIDEWALK GRASS AREA IN FAVOR OF DB 6430. SANTO PG 691 COMPANY V5 J S-4+000 INSET 'B' /
1111111 RAILROAD TRACKS Fit 1\ K� �" DB 6593, PG 141 N445.73' t / `t'i�, /
OVERHEAD UTILITIES ��`} SIDE ALK GRAS AREA�r_ 65.73'
-[�
V CO CLEANOUT 444 /
I SANITARY SEWER MANHOLE ASPHALT CONIC PAD J L ew - S6 '4&'32"E 717.28`EIP
AUIT AREA WITH MANHOLE O MANHOLE (/� / e., _�, -, - , _,x -x _$R JJ
(D' STORM DRAIN MANHOLE oDl 9 6 ' /I 44 . _
DI DI -DROP INLET (STORM DRAIN) (74 / / / 1 3g0*19
METAL VAULT
N WATER VALVE (SEE NOTE 2) 117 N68'31'24`W 407.86'
FIRE HYDRANT WITH BOLLARDS CONIC SLAB (SEE NOTE 2)
® WATER VALVE WITH BOLLARDS WITH RAMP N32'12'12'W cj\
CONC
p MONITORING WELL DRIVE ASPHALT 53.45' �, m
AREA LIGHT AREA "ice\ o m
LANDSCAPE LIGHTING 80.00' TRACT 1 A /v
p TELEPHONE PEDESTAL a N
EU6] EDGE OF CONCRETE
UTILITY BOX o�
PP • POWER POLE DAK RESINS, LLC z m FOUNDATION GRASS
��,' ?S' EIP
C ANCHOR DB 6379, PG 812
PB 110, PG 09 ♦i.
CONIC
TRACT 1 SLAB i / \ WOODED
SITE ADDRESS GRASSAREA
3458 CEDAR CREEK RD. (NCCAROLINA
HWY 53/210) EDGE OF CONCRETE AREA lil °o. FOUNDATION/ I ONCRETE
FAYETTEV1lLE, NORTH CAROLINA 28312 CP `nLA
S68'5014 E I SIR NO 1i4 ,Q
10.00
gU.®: (BY COORDINATE COMPUTATION)
TRACT 1 - 5,192.887 SF 119.21 ACRES
TRACT 1A - 2-291,491 SF 52.61 ACRES
TOTAL 7,484,378 SF 171.82 ACRES
SUBJECT PROPERTY INFORMATION
DB. 6379 , PG. 812
PB. 110 PG. 009
NOTE :
1) ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES
UNLESS OTHERWISE NOTED.
2) ACCORDING TO DAK PERSONNEL THESE VAULTS AND MANHOLES
ARE PART OF A DEFUNCT ELECTRICAL SYSTEM AND
ARE CURRENTLY NOT IN USE.
3) NONCONFORMING STRUCTURES HAVE NOT BEEN CREATED BY THIS
SURVEY.
4) THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA
OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT
REGULATES PARCELS OF LAND.
5) NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT.
6) SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X, BEING THE
AREA DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL
CHANCE FLOODPLAIN, NTH THE EXCEPTION OF THE HATCHED
AREA SHOWN, WHICH IS IN THE 0.2% ANNUAL CHANCE FLOOD.
FLOOD INFORMATION SHOWN IS AS TAKEN FROM NFIP-FLOOD
INSURANCE RATE MAP, MR NUMBER 372GO464004, PANEL
0464J, EFFECTIVE DATE: JANUARY 5, 2007,
ZONE: MP (PLANNED INDUSTRIAL DISTRICT)
FRO NTYARD = 100 FEET
SIDEYARD = 50 FEET
REARYARD = 50 FEET
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION It - EXCEPTIONS
2. EASEMENTS BETWEEN MONSANTO COMPANY AND CRODEL CORPORATION RECORDED IN BOOK 3120,
PAGE 594; AND BOOK 2704. PAGE 757, 763, 771 AND 774, CUMBERLAND COUNTY REGISTRY. (ALL
DO NOT APPLY TO SUBJECT PROPERTY)
3. EASEMENT BETWEEN MONSANTO COMPANY AND FIBER INDUSTRIES, INC. RECORDED IN BOOK 2811.
PAGES 92. 95, AND 98; AND BOOK 2815, PAGE 795, CUMBERLAND COUNTY REGISTRY. (ALL DO
NOT APPLY TO SUBJECT PROPERTY)
4. EASEMENT TO NC NATURAL GAS CORPORATION RECORDED IN BOOK 4578, PAGE 826, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY).
5. EASEMENT(S) TO CAROLINA TELEPHONE AND TELEGRAPH COMPANY RECORDED IN BOOK 702. PAGE
580;(BLANKET EASEMENT: NO SPECIFIC LOCATION)
AND BOOK 2434, PAGE 829 (RIGHT TO CONSTRUCT GUY WIRE ANCHOR; NO SPECIFIC LOCATION
GIVEN), CUMBERLAND COUNTY REGISTRY.
6. EASEMENT(S) TO CAROLINA POWER AND LIGHT COMPANY RECORDED IN BOOK 817, PAGE 438
(BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK 491, PAGE 191 (BLANKET EASEMENT;NO
SPECIFIC LOCATION); BOOK 465, PAGE 177 (BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK
2414, PAGE 480 (BLANKET EASEMENT; NO SPECIFIC LOCATION); AND BOOK 2473, PAGE 359, (AS
SHOWN ON SURVEY MAP)CUMBERLRD COUNTY REGISTRY.
7. EASEMENT(S) TO THE NORTH CAROLINA STATE HIGHWAY COMMISSION RECORDED IN BOOK 809, PAGE
317(DOES NOT APPLY TO SUBJECT PROPERTY); BOOK 2387, PAGE 540 (DOES NOT APPLY TO
SUBJECT PROPERTY);BOOK 2391. PAGE 269 (RIGHT OF WAY LINE AS SHOWN ON SURVEY MAP);AND
BOOK 2391, PAGE 271 (TEMPORARY CONSTRUCTION EASEMENT), CUMBERLAND COUNTY REGISTRY.
8. AGREEMENTS WITH SEABOARD COASTLINE RAILROAD COMPANY AND ASSIGNMENT OF AGREEMENT
RECORDED IN BOOK 2272, PAGE 97 (AS SHOWN ON SURVEY MAP); BOOK 2411, PAGE 699 (BLANKET
EASEMENT; NO SPECIFIC LOCATION);AND BOOK 2756, PAGE 227 (AS SHOWN ON SURVEY MAP),
CUMBERLAND COUNTY REGISTRY.
9. UTILITY EASEMENT TO CITY OF FAYETTEVILLE RECORDED IN BOOK 5915, PAGE 780. CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY)
10, RIGHTS OF OTHERS IN AND TO THE CONTINUED UNINTERRUPTED FLOW OF CAPE FEAR RIVER,
11. EASEMENT AGREEMENT BETWEEN DAK RESINS, LLC AND MONSANTO COMPANY RECORDED ON BOOK
6430, PAGE 691; AND BOOK 6593, PAGE 141, CUMBERLAND COUNTY REGISTRY. (MONITORING WELL.
EASEMENT AS SHOWN ON SURVEY MAP)
1
I1+
I
u):
to 1
b
I
1
w I
�I
"3
I�
I
1
IN
IV)
z I
I
CP I CP
N76.14'11 "W
10.08'
INSET 'A'
FOR 10'
WIDE
PIPE BRIDGE EASEMENT
LINE TABLE
LINE
LENGTH
BEARING
L1
38.42
`
L2
49.15
'1 "1 `E
L3
38.60
N 4'4 ' "W
L4
27.17
7' 7' °
L5
56.41
$43*49191
L6
105.16
17' 't 'W
L7
116.58
`1 ' '
L8
99.03
'i `W
L9
84.71
`W
Li0
22.90
'45'16"
L71
72.84
'W
L12
91.04
N38'41' `
L13
$7.24
N ' '
04
66.72
N '4 ' 9'E
L15
50.25
N21'17'4
L16
129.97
'4 "
L17
39.18
_ _NlO'
N56 '05'W
L18
38.28
N '4 '13"W
L19
55.37
N 8' '48`W
L20
47.07
N18 1' "E
.. 421
57,68
N08'3 ' "W
L22
23.26
N 41'4 "
L23
98,97
' '19'E
L24
23.3T
77 '
L25
28.95
N7 ' '17'
L28
8.47
N1 ' 1' "E
GRASS
AREA
60.00'
IRS
GRASS VAU T \ f N/F
41 AREA
PARKING LOT AND FALLING RUN MISSIONARY
DRIVEWAY EASEMENT BAPTIST CHURCH
/ y (RUNS WITH EXISTING DRIVEWAY) OB 3576, PG 159
1 op
GRASS
N68'49'46`W AREA SLAB It J
{®p� �®j �r 363.55' PM 7 l ODI C7DI m (J Alp
MANHOLE ASPHAl7
DI DI an
IS G SSA A GRASS AREA GRASS AREA / o
p ASPHALT OD
g o
DI AREA ✓f a J , / ON U,
RASS AREA hQ° J A
ik
CONC LANDING
GRASS AREAS WITH STEPS DI J DI
BOUNDARY LINE RUNS CONC SLAB
oDI rtY /�
011 -R.AMP,.
EXISTING CON FOUNDATION'4i �08N •�_ n. <.., . ^ s ,.....*
2 COME SLAB ! CONIC /
WAREHOUSE - - SLA DI WITH RAMP i SLAB ECM /
100.00'
IRS 285.1 V SLACONL /
w RAILROAD TRACK AGREEMENT WITH r "1 / �--�� Etl1
iw+ in SEABOARD COAST LINE CO. SLA �.�.-._
NS8'4T28`W IRS
'� m
114 v"1i DB 2272, PG 97DB 2756, PG 7 M N19 8 '. I� �r S58'36'28"E - -k
V o iv 1 / , 76.97' XP
BOUNDARY LINE RUNS z o a OD
111 r ,7
ALONG AND NEAP THE CONCRETE N21'23.0 `E - & N HALT CONE / l RIGHT-OF-WAY &EASEMENT AGREEMENT BETWEEN
FOUNDATION 11.93`: S21'17'16"W z DR J MONSANTO NORTH CAROLINA, INC.
N68'ST31"W CONIC SLAB S u`,(' SLAB / c
11 84' 19 20, J -AND SEABOARD COAST LINE RAILROAD CO,C
IRs 103.81` PK g518 W � .a"� J DB 2756, PG 227
10' TIDE S DB 2272, PG 97
S78`04'41'E IRS 300.55' k tqs �s PIPE BRIDGE EASEMENT N69'10'49`W IRS 9.35' •+°""
N68'50'74'W 131.23' ,� SEE INSET 'A' 6 i SEE INSET 'B' R A
_ 7727' S71'52'53"E S74°33'41"E N6850`14"W w ' '� ,...,ELECTRIC BOX S762 700'E 1i as a 'S6 /
S8252'S5"E 54.08' 25.42'0• 1
26.73' N6854'39` fy y..• j��
1' N60'10'03 W S71.1022 E
1 IRS ' ' PK IR6 p q O pR`TRACK 7 •. 6,y'\ N o • ,.�
N21'23'02"
30.0 S 7411 j. DI DI 336.03' DI „
PK IRS H15 i .41 IRS iRs 160.88 :i `� -� S7 'ifs; 'E 08 2272, PG 227 5� bry
t} � OB 2272, PG 97
IRS �0 A 5�75.81 5 S69'56'56"E � .•�.- ASPHALT 15.N54-
L27 I 6` DUAL DIP 43.60' �'1
�� IR 67.42' R A CONIC AREA (�II CONC �/ N FLOOD LIMIT LINE
--L28 CP L29 trs N49'OS'11"W PAD D CONIC LANDING s i. SLR CONC FLUME
CP --A�p'I{
cP L30 �$ ,r / 68.27' 12'X75' WITH STEPS # hah
rmsK
CP BOUNDARY NE CORNERS RAILCAR SCALE /,�^''�'�
L31 \� `+ ARE 8 FEET FROM RAILROAD WEIGHT ROOM CONC PAD V" AULT O o
TRACK TERUNE a ft.{ u /
EASEMENT LINE CORNERS RAILROAD SPUR TRACK "C" ,y A� MONITORING WELL EASEMENT N/F
4,1• (TYIAICAL) AGREEMENT BETWEEN DAK RESINS, LLC MC11C PRODUCTS COMPANY
ARE 8 FEET FROM RAILROAD 46j `.�''
TRACK CENTERLINE 4 STEAM a IN FAVOR OF MONSRTO COMPANY DB 3237 PG 818
(TYPICAL)
CERTIFIED IED TO:
DAK AMERICAS, LLC
CLEAR PATH RECYCLING, LLC
CHICAGO TITLE INSURANCE COMPANY
i, THOMAS E. JASUTA, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SN RE
DEED BOOK 6379, AGE( 812, &EPLATBOOK 0. PAGE 09;
����N CARO��i♦♦
THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
%
INDICATED AS DRAWN FROM INFORMATION A SHOWN HEREON;
THAT THE RATIO OF PRECISION IS 1:10.000+: THAT THIS
�w�0''FESS/�j-•,�,j,♦�
ts;.. 0 �y'•.9
PLAT WAS PREPARED IN ACCORDANCE WITH G.S.47-30 AS
= '¢ SEAL "
AMENDED. WITNESS MY ORIgi11. SIGNATURE, LICENSE
NUMBER AND SEAL THIS_/"*, DAY OF " L- A_D.,20s2� ? L-3642
P
♦ �
♦��'ttt,it1111t4ov
L LAN l-
RAILROAD EASEMENT LINE TABLE
LINE
LENGTH
BEARING
L27
16.00
1 "0 `W
L28
80.73
'
L29
45.53
0`I "
L30
65.87
4'47' 6"
L31
64.73
549 't 1 `
L32
16.36
N 4 7'14`
s4346; ., wag 7
16' WIDE TRACK 14.``� 6•
EXISTING
WAREHOUSE
VAULT
n
SLAW
DB 6430, PC 691
f
EXISTING
i DB 6593, PG 141
ACCESS EASEMENT 32j � 32 57.30'
WAREHOUSE
d.
�i
I
j
1. NNDLOP,i)
RAiLROA_t)
`
z
z
AS �m e N1T-
Pc R �A
N6734'42"W
1
S o+ N68'32'39`W
N34'07'14"
31 45' 108 41'
MwmMw
_ 30 27 N67'46'5
GRAPHIC SCALE
2 1 38.29' 64.80' Fj� `100 0 50 100 200 400
iphE ASEME-FCAsE"ENT UEF�
( IN FEET )
I inch = 100 ft.
ECM

'21
y
CD

`rabie I, Otttfall Locations- DAK Americas LLC Cedar Creek Site and Clear Path Recycling
Outfull
Latitude
Longitude
Description
DAK or
Receiving Water
Dry Weather
CPR
Flow
001
34058"08'
78°46"58'
Stormwater front developed and undeveloped land throughout the plant
DAK
Cape .Fear River
Yes
property including file plant process arcas and cooling tower
blowdown..
002
34° 58"08'
78°40"58'
Sanitary waste, treated process waste from the utility wastewater,
DAK
Cape Tear River
Yes
cooling tower blowdown, boiler blowdowlt, Stearn conctenstite and
sanitary and treated process waste from DuPont Teijin Fi1msilm.
003
34a 59"02'
78047" 26'
Stormwater runoff from the DAK resins plant. This outfall is currently
DAK
Cape Fear River
No
pennitted under NCS000389. DAK Americas requests that DCNR add
this outfall to ilia new permit and, if added to [lie new permit, than to
revoke NCS000389. 'Phis would consolidate all stornmater outfalls
and process wastewater outfalls into one permit.
A
34059"02'
78046"40'
Stormwater runoff from the parking lot and bottle storage areas where
CPR
Cape Fear River
Small amount
[he Monsanto facility formerly stood. The outfall discharges onto a
of groundwater
vegetative strip prior to entering file waterway.
infiltration
B 1
340581158'
78046"39'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River
No
discharges onto a vegetative strip prior to entering the waterway.
132
34058"56
78046"38'
Stormwater from the paved roadway and bottle storage area. The outfall
Cl'R
Cape Fear River
Small amount
discharges onto a vegetative strip prior to entering the waterway.
of groundwater
infiltration
B3
34"58"55'
78046"38'
Stormwater from tine paved roadway.and bottle storage area. The outfall
CPlZ
Cape Fear River
No
discharges onto a vegetative strip prior to entering the waterway.
C
34058"54'
78046"39'
Stormwater from the railroad spurs used to transport materials, No
CPR
Cape Fear River
No
unloading activities occur in this area. Sheet flow only through a
vegetated strip
Jude 30, 2009
E. Wike

Outfali
Latitude
Longitude
Description
DAIC or
Receiving Witter
Dry Weather
CPR
Flow
D
34"58"54'
78046"42'
Storfnwater from railroad spurs used to transport materials. No
CI'R
Cape Fear River
No
unloading activities occur in this area. Slice( flow only through a
vegetated strip
E
34058"49'
78"46"42'
No industrial activity in this area. Area drains a small paved area. The
CPR
Cape Fear River
No
outfall discharges onto a vegetative strip prior to entering; the
waterway.
i+
34"58"42'
78046"50'
Stormwater from developed and undeveloped land throughout the plant
DAK
Cape Fear River
Small amount
property including process areas. Overflow from SW001, The outfall
of overflow
discharges onto a vegetative strip prior to entering; the waterway,
from SWOOI
G
34058"41'
78046"50'
Stormwater from activities associated with wastewater treatment basins,
DAK
Cape Pear River
No
fuel oil storage and paved roadways used for in -plant transportation
The outfall discharges onto a vegetative strip prior to entering the
waterway.
H
34058"45'
79047"05'
Storinwater from activities associated with the wastewater treatment
DAK
Cape Fear River
No
plant. Outlitll discharges onto a vegetative strip prior to entering the
waterway.
atensive sampling was conducted for all outftlls and submitted with the permit renewal application in 1992. Outfalls A through G indicated low levels or less
than detectable amounts of pollutants. Based on this documentation, the State decided that stormwater sampling would only be required from Outfall 001, For
ease of accessibility, this sample is taken from the manhole designated SW -I, whicli is immediately upstream from Outfall 001.
.tune 30, 2009
F. W ike

7. Drawing Showing Outfall Locations

PN PAN. SE'" At YS'-.N 19M1,9.E ikRtSEC-I V
cc ,*. a. CJAtTx i1. (SP 201a) A
mM C<+FOL 9CAp LNG MGNRAY 53r21ar
h _
,AGNITY YAP
(NOT TO SCALE) - 1
LEA: n.e nzcN uxc r
� 7.7L rc Jm
pC �a 304 AM SET
va E -'ass-G "M PmF
P,P ECu-D9S tuc ay-omn UoWVEMT
Q PR-PK ,MASWY NA Srr
4Yi ow-ft m Q4W SET
TO CP-CONPUTEL PONT
N/r-•+ow OR FOMCRLr
R/W-RlblT w RAY
PROPE7" LM
- AW-C104T PROPFiti u✓-
- rfluF.L11F
-.-911JRN DRAM
u--OWtVkEAD CTR)-ES
P CC C.EAPa)T
6 "TARk UAk. l NArR,QE
TRAP m4dor
gQ ar-DRGP sk" M:txw m 1;
f! t -F79 YALAr
79P`a K424W ■71F SML'sos
.� a Tm YAL'R FM &X;_APt'is
p RGMTd6N0 W-L
Q MIA UO-T
t "vtA!E uCkrh-
S
• POin RaE
f ANON
•J,E Armes
Exr:AM CK17 w MC wN 53/rc)
. A,E7=CAJL WPM CAM AA =2
AREA: if ComwR w CL T.i )
"ACT . - ST92,=7 59 t,Y21 ACn5
ir7lW ! .4M, 78 Y ,7Ld2
ra . Pa no
1) um_ tl5'AMgS 5,M- A - 112-ZM f. WMAU CASTT v[E55
•! IAam 1M OU R9:Et.
2) ACCOR M M OM VkTSC M1a 1x VFI.L . AAo NAb.lX=
Art P.RT Or . AVIUr T L'CSbCk MMY AAc
�1 ARE CVMRFPR.T NOT w UM
3) NOMCCW ...SO s,Rucrur4.s NA{ ,a03 OM O&ATM 9T ASS
9 R*
4) ,1AS sLA " O trAMS A ARrJr LU.a MRAN NEAREA
Cp A COLN:Y Pt h1gaCiPAUTY MAT RAS W o,RIURCE MAT
ALaLAms P4r@S OF LA+7.
3) Ap rIC Qc U3*j F4T S i1T,9r. 2OW a UA*' S MACE.
TR 9.'8EL7 WoKpTT t&S EAmT-v'Aryl! ZCW 1L aPa ME
AAEA ar+fl zo m RE asTgF ff Me am .caul
CNANQ r..ODOtAM A rra RQTrA:TI OF M[ NA70Q
'rA 9oAL ♦901 a Sr as 3-3,L AIwAA tmwu I.xc-
,ow AfT�YA.M 91OrN tS AS E M n w N71P-fl7m
nlg.Ir"CE RAf[ YAP, rAP NLt4iA 3hWLe10ai PA,G
o.e.i UT..C71r RATI: LATRAAATY S 2a01,
z2T-- ,AP'P-Vwn re7J5TMAL eTr-cl
AI6. ma.r:
9GEYA,c tC ou-
RE-YA9a 11a FE$:
�.
i EIW> 75 SSCTWN RO.SAP2 CC- A CARmEy ORe'C OWR IIL:TC M M =X 312M
PAri 59.; AMa 0032M.' PAW 757. r@A rn ATg Trc aAemm w ijx." REM-.. (A:L
Do -m AP11v M SANA cf vPOPd M
3- E'%. nT eER NRF R'FTo CO pA ' AMa rA"-•A'JTMLS. a- Knw m N SON 2a,,.
AACEs 9L 9i. Arc wx Ar soot =- PACE 775. SaairnLAna {DUTY iiusaY (ML CO
'lot APPLT R MAW- PROPMv ,
l EAg11f»T TO NC PAnWAL GAS CO>W IMN afc"..icr.'i MIA*. ePA /MT SM. MU*Ua.WD
C"m 14m. y. (mm woT Ap-T TD S xLCT PROP7rrn
] VA#16L1{S) TO CWKa TO---% .r Ara MEGrtAPM MWAAN REMIM-0 w d" 1RT, PMi.
afZC;x.s-E-: CASDO" NO WE ' Aom)
Arc Roo Ztik OT e29 (�T M GC.a MJV 07 P ft--W7R; NG WtCMC ULA.n
*TEN), 'cuumot." Cti1 REQS' t
4 EASrJA 7N 1) TO CAW -NA POPOM An UORY C^WMP 4ECOIOEP M SDOR 07. PAM is
(p11„@T EJL�.7NT1 NO f9PEf A Aq M); PD(Rr .9t. PACC T9t (a mra FAM54NI;No
91L6fC LPGaO4k We 465. PACE M. (BLAhet rA,•EAIENf, Aa VfcM Eoi;,Arwk goon
2414. PAZ 44P Di !WV FJ.SR3R:i F, RD SPEGAC kgrAI CAfk AM MW 2473. PAS X%;AS
SNOR! o4 SAWY uwK3,v ,.:IW COJ41' AetpylRi,
7. CAY`AL 4TIS) T t.f QM C.,�3PA SA
T
E
w*"' C7.�.'•M RELomo w DO& 699. TAa
],:•('. 3 Nor Apkj M 745KZT P1pPa1Y} 30& 2JA. PAC{ ab (Dc" POLE A7PL7 To
Il Sx-T ArIr MIrl.sLilr 2Jn. P4IY M (91on ti -T LM As m a, Rewy Park m
80O 2361, PAM 9n (.f7s,FAAr COfSIRCI :A i4N.rX MWOLAIO =P," AEl.SV -
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DAK AMERICAS, LLC AND CLEAR PATH RECYCLING, LLC
FAX 010) 32,7-5232
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Clear Path Recycling LLC
5925 Carnegie Blvd - Suite 500
Charlotte, NC 28209
t . 704.940,7555 - fax [phone]
August 6, 2009
Ms, Jennifer Jones
Environmental Engineer
NC DENR I DWQ j Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Stormwater Permit for Clear Path Recycling LLC
Stormwater Permit for DAK Americas, LLC Permit No. NCO003719
Fayetteville, Cumberland County, NC
Dear Ms. Jones:
This application package is being submitted to obtain a stormwater permit for Clear Path Recy-
cling LLC, a newly formed corporation. Clear Path Recycling has obtained 53 acres that was
formerly part of the DAK Americas 172-acre tract located in Fayetteville, Cumberland County,
NC. DAK Americas LLC currently has stormwater outfalls from the site permitted under
NPDES Permit No. NC0003719. Some of the DAK outfalls are now part of Clear Path Recycling
(CPR). The attached table and site plan show the outfalls that are part of the CPR operation and
the outfalls that are remaining in the DAK operation.
Clear Path Recycling plans to construct a recycle bottle facility inside two existing buildings.
Bottle storage will be outside on existing impervious areas. Process wastewater from the recycle
bottle operation will be treated in a new pretreatment system prior to treatment further in DAK's
biological wastewater treatment plant permitted under NPDES Permit No. NC0003719.
At this point, Clear Path Recycling is asking DENR to transfer the existing outfalls from the
name of DAK Americas LLC to the name of Clear Path Recycling LLC. The attached documents
show the relationship between Clear Path Recycling and DAK Americas. This request is for a
change in corporate ownership. There will not be a change in operations at this time. CPR an-
ticipates that the layout and design of the new recycle bottle facility will be complete within the
next two months. Should the design of the recycle bottle facility result in greater than one acre of
land disturbing activity, CPR will submit additional information to allow DENR to develop a
stormwater permit that will cover the facility that will be built for the recycle bottle plant opera-
tion.
If you have questions or need additional information, please call Elizabeth Wike at (910) 512-
4483.
Sincerely,
Chris Bradley
Vice -President — Operations

Clear Path Recycling LLC
Change of Ownership
Application Package
1. Cover letter
2. EPA Form 1
3. EPA Form 2F
4. Lease between DAK Americas LLC and Clear Path Recycling LLC
5. Survey
6. Table 1. Outfall Locations
7. Drawing Showing Outfall Locations
8. Storm►vater Setiver Site Plan— Fayetteville Site

Please print or type in the unshaded areas only.
Form Approved. Ofv1B No. 2C40-0086
FORM
U.S. ENVIRONMENTAL PROTECTION AGENCY
I. EPA I.D. NUMBER
.=.EPA GENERAL INFORMATION
Program
s c c
Consolidated Permits
F D
GENERAL
(Rvad Me "General losfinetions" Waresrdrddiog.)
a ns
LABEL ITEMS
'
GENERAL INSTRUCTIONS
If a preprinted label has been provided, affix It in the
designated space. Review the Information caretutly, if any of it
Is Incorrect, crass through it and enter the correct data in the
L EPA I.D. NUMBER
appropriate fill-in area below. Also, if any of ;he preprinted data
I* absent (the area fo the left of the label space Mrs the
III. FACILITY NAME
PLEASE PLACE LABEL IN THIS
SPACE
informef/an that should appear), please provide It In the proper
fill-in area(s) below, if the label Is complete end carrell you
need not complele Item 1, ill. V, and Vt oxcept Vl-a et,A:h
V_ FACtLITY MAILING
ADDRESS -
muss Ire rArTWed ragargksa). Cornplale A Stems If no Mal
-
has been provided. Refer to the Instructions tar detailed item
descriptions and for the legal authadzatfons under which this
VI. FACILITY LOCATION
- - - - -
data is collected.
It. POLLUTANT CHARACTERISTICS
INSTRUCTIONS: Complete A through J to determine whether you need to submit any
permit application forms to the EPA. If you answer 'yes' to any questions, you must
submit this form and the supplemental form listed In the parenthesis following the question. fvlark `X" in the box in the third column if the supplemeniat form is attached. If
you answer 'no' to each question, you need not submit any of these forms. You may answer 'no' if your activity is excluded from permit requirements: see Section C of the
instructions. See also, Section D of the ins"c6ons for definitions of bold-faced terms.
Med'k'
rrleM'X'
SPECIFIC QUESTIONS
YES
No
FORK
ATTACHED
SPECIFIC QUESTIONS
YES
n0
FORM
ATTACHED
A. Is this facility a publicly owned treatment works which
B. Does or will this facility (either existing or proposed)
resufis in a discharge to waters of the U.S,? (FORM 2A)
X
include a concentrated animal feeding operation or
aquatfC animal production facility which results in a
re
or
a
w
w
71
discharge to waters of the U.S.? (FORM 28)
C. Is this a facility which currenity results in discharges to
X
D. D. Is this a proposed faciiity (other than those described in A
waters of the U.S. other than those described in A or 8
or 8 above) which will result in a discharge to waters of
X
above? (FORM 2C)
2
n
the U.S.? (FORM 20)
26
m
sa
E. Does or will this facility treat, store, or dispose of
F. Do you or will you inject at this facility industrial or
hazardous wastes? (FORM 3)
X
municipal effluent below the lowermost stratum
X
containing, within one quarter tittle or the well bore,
underground sources of drinking water? (FORM 4)
m
71
,a
s,
n
„
G. Do you or will you inject at this facility any produced water
H. Do you or will you inject at this facility fluids for special
or other fluids which are brought to the surface in
processes such as mining of sulfur by the Frasch process,
connection with conventional oil or natural gas production,
X
solution mining of minerals, in situ combustion of fossil
X
inject fluids used for enhanced recovery of oil or natural
fuel, or recovery of geothermal energy? (FORM 4)
gas, at inject fluids for storage of liquid hydrocarbons?
(FORM 4)
ss
FI
n
1. Is this facility a proposed stationary source which is one
J. is this facility a proposed stationary source whch is
of the 28 industrial categories listed in the instructions and
�/
X
NOT one of the 28 industrial categories listed in the
X
which will paten@ally emit 100 tons per year of any air
instructions and which will potentially emit 250 tons per
pollutant regulated under the Clean Air Act and may affect
year of any air pollutant regulated under the Clean Air Act
m
31
11
u
«
+r
or be located in an attainment area? (FORM 5)
and may affect or be located in an attainment area?
(FORM 5)
lit. NAME OF FACT! 1 7 ;
s1tIP C ear Path Recyc ing
t
111
ns la -s
IV. FACILITY CONTACTWIN
A. NAME 8 TITLE (lest, fit -sr. & tale)
B. PHONE (urea coda no.)
I
I
E iZLet h ike
{ 1) 5 2L4 8 _-
V,FACILTY MAILING ADDRESS
A. STREET OR P.O, BOX
r
s P.O. ox 2260
ns a
,
15
8. CITY OR TOWN
f C. STATE
D- ZIP CODE .r„
2 4 1 14'CI
Lelan
C
F`s,
41
:8
41 41
VI. FACILITY LOCATION
A. STREET, ROUTE NO. OR OTHER SPECIFIC IDENTIFIER r ✓:" :1 -"'s - ,"r , -` _ ,' x"1 * -r_ ' = `
5 346 odor Cre2 Roa
IS is
+5 r
S. COUNTY NAME
Curnbirl'anih
C. CITY OR TOWN
D. STATE
E. ZIP CODE F. COUNTY CODE (rfarow")
6
F y t e i l I
C I
2 3 5
1
is
I in
EPA Form 3510-1 (8-90) CONTINUE ON REVERSE

CONTINUED FROM THE FRONT
Vll, SlG CODES (4-digit. in order o1priwityl
A. FIRST B SECCNC
(eC) pleat}ce ma oriels and basic forms anal
7
5162
17
C. THIRD
D. FOURTH
{tpeci�') � � {SPwciil
7
I �
Vlll. OPERATOR INFORMATION
A. NAME B. Is the name listed in Item
owner?
C Path Recycling LLC
8 ear GO YES ❑ NO
IS
In
�
C. STATUS OF OPERATOR (Enter the oppro noto letter lido the ansirer box: if "Other, "specify.)
D. PHONE (area code & no.)
F = FEDERAL
(other thmS = STATE f
�
(specify}
G
A (7 04 ? 940 - 75 SSfv1=PUBLIC
P = PRWTE O =OTHER (speciji)
so
e N lie - 21 s ze
E. STREET OR P.O. BOX 11
r
II I 1
i I�
5 2 Carnegie lvd. Suite 5 0
F. CITY OR TOWN
G. $TAT1=
H. Z1P CODE
IX. INDIAN LAND
Is the facility localec on Ind,an (ands?
g
Charlotte
NC
28209
OYES ENO
u
x. EXISTING ENIA RONMENTAL PERIvtiTS
A_NPDES Drscharparto8u aceir'.xrar)
D. PSv.dirEniisriaufromPrauosadsaurces;
t _
c
J r
I
r€
9
N
Is v t
4m
9. UIC Wndir7lV lnieetionofFlaids)
E OTHER snrrifs
LT - -I
j
I Ir
I (apeaji¢
9
U
9
C. RCRA (Ha=ardonr ffasres)
E. OTHER a eo rj
r
r- r I
I {spec fv)
9
R
9
IS1 16 17 iA 70 I� 1e I! 1e yr
Xi. MAP
Attach to this application a topographic reap of the area extending to at least one mile beyond property boundaries. The map must show the outline of the facility, the
location of each of its existing and proposed intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it
injects quids underground. Include all springs, rivers, and other surface water bodies [n ti',e map area. See instructions for precise requirements.
XII. NATURE OF BUSINESS (provide a brief descri tionj
The plant is being designed for recycling post consumer PET bottles taming from municipal collection, landfill
sorting, curb -side collection or "deposit systems,. The wash line recycling technology will allow highly
contaminated bottles to be recycled without affecting the output flake quality, The output flake capacity .will
5000 Kg/hr of clear flake and 2500 Kg/hr of green flake and will use two wash lines to achieve this output. The
plant will be designed for a continuous operation 24/24 h, 7 days a week.
Bales of post -consumer PET bottles will be stored outside on an existing slab. Inside two existing buildings
recycling equipment will be installed. This

information is "Confidential Business Information" and should not be made available to the public.
This application is to establish the outfalls in the attached table in the name of the newly formed comoany,
Clear Path Recycling, and to remove these outfalls from the permit for DPv Americas W00003719). Additional
information on the design of the facility will be submitted once it is complete.
xilt, CERTIFICATION (see instructions]
f certify under penally of fare that i have personally examined and am larndiar with the infornabon suhrrritted in this application and all attachments and that, based on my
inquiry of those petsons imffedlately respcnsibte W obtaining the information costa nod in the application. I believe mat the information is free, accurate. and complete. 1
am aware that there are significant penalfies forsubmd ing false ini07talion, including me passibility of fine and krosonment.
A. NAME b OFFiC AL TITLE (npe or print)
B. SIGNATURE C. DATE SIGNED
Chris Bradley
Vice-President-Operations
0�
COMMENTS FOR OFFICIAL USE ONLY
EPA Form 3510-1 (8.90)

EPA ID Number (copy from Item f of Form 1) Fami Approved. OMB No, 2040-0086
Please brint or tvae in the unshaded areas 0mv. I I Avaroval exntrm 5-31-92
FORM®
2 F
Nwt?s
U.S. Environmental Protection Agency
Washington, DC 20460
'E Application for Permit to Discharge Storm Water �
PA Discharges Associated with Industrial Activity
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 26.6 hours per application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate, any other aspect
of this collection of information, or suggestions for improving this form, including suggestions which may increase or reduce this burden to: Chief, Information Policy
Branch, PiN-223, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, i Washington, DC 20460, or Director, Office of Information and Regulatory
Affairs, Office of Management and Budget. Washington, DC 20503.
I. outran Location
For each outfall, list the iatitude and longitude of its location to me nearest 15 seconds and the name of tt a recerirg water.
A. Outfail Number
(lfst)
B. Latitude
C. Lon itude
D. Receiving Water
(name)
A
34.00
59.00
2.00
78.00
46.00
40,00
Cape Fear River
ai
34.00
58.00
Se.00
79.00
46.00
39.00
Cape Fear River
22
34.01
58.00
56.00
79.00
46,00
3a.00
Cane Fear River
03
34.00
se.00
55.00
78.30
46.00
38.00
Cape Fear River
C
34.00
5a.00
54.00
79.00
46.00
)9.00
Cape Fear River
D
34.00
5a.00
54.00
79,00
46.00
42,00
Cape Fear River
E
34.00
59.00
49.00
78.001
46,00
42.00
Cape Faar River
11.Improvements
A, Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater
treatment equipment of practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not limited
to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or toan conditions.
1, iden0callon of Conditions,
Agreements, Etc..
2. Affected Outfalls
3. Brief Otscrfplion of Project
4, Final
Compliance Date
number
source of discharge
a. seq.
b. proj.
None
6: You may attach addii sheets describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under
way or which you plan. Indicate whether each program is now under way of planned, and indicate your actual or planned schedules for construction,
Ill. Site Drainage Map
Attach a site map showing topography (or indicating the outline of drainage areas served by the outfalls(s) covered in the application if a topographic map is unavailable)
depicting the facility including- each of its intake and discharge sWctures; the drainage area of each storm water outs paved areas and buildings within the drainage
area of each storm water outfatl, each known past or present areas used for outdoor storage of disposal of significant materials, each existing structural control measure
10 reduce pollutants in stomp wales runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are appiied; each of
its hazardous waste treatment, storage or disposal units (including each area not required to have a RCI3A permit which is used for accumulating hazardous waste
under 40 CFR 262.34); each weal where fluids from the facility are Injected underground; Si and other surface water bodies which received storm water discharges
from the facility.
EPA Form 3510-2F (1-921 Page 1 of 3 Continue on Page 2

Continued from the Front
IY, Narrative Description of Pollutant Sources
A. For each outtall, provide an extmata of the area (include units) of Imperious 8lafacas (Including paved ateas and bu G ng :oorsj dtaised to Use oulfaa, and an asarnata of the fatal surface area
drdlned by the outfall.
outran
Area of Impervious Surface
Tolal Area D4ned
OL fall
Area of Impervlons Surface
Total Area Drained
Plumber
(provide units}
(provide units)
Number
(pravlde units)
(provide units)
A
14.8 acres
23.2 acres
C
0 acres
2.5 acres
81
0.2 acres
5.8 acres
D
0 acrei
1.0 acre
92
4.4 acres
7,1 acres
0.04 acres
1.1 acres
83
0.06acres
0.11 acres
B. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored at disposed in a manner to allow exposure
to storm water; method of treatment, storage, or disposal; past and present materials management practices employed to minimize contact by these materials with
storm water runoff; materials loading and access areas, and the location, manner, and frequency in which pesticides, herbicides, soil Conditioners. and fertilizers are
applied.
No industrial activity has occurred in these areas within the last three years. All outfalls discharge onto a vegetative strip
prior to entering the waterway. pesticides, herbicides, soil conditioners, and fertilizers are not applied to these areas.
The attached table provides a narrative description of each outfall.
C. For each outfall, provide the location and a description of existing Structural and nonstructurai control measures to reduce porlutants in storm water runoff; and a
description of the treatment the storm water receives, including the schedule and type of maintenance for control and treatment measures and the ultimate disposal
of any solid or fluid wastes other than by discharge.
outfall
!List Codes from
Number
Treatment
Table 2F-1
See attached table
V. Nonstor1Tlwater Discharges
A. I certify under penalty of iaw hat the outfall(s) covered by this application nave been tested or evaluated for the presence of nenstormwater dscherges. and that all
monstannwater discharged From these outfall(s) are identified in either an accompanying Form 2C or From 2E application for the outtalt,
Name and Official Title (type or pnrtt)Signature-
Qate Signed
Chris Bradley, vice Pros. -Operations( F'_ V�
q / IO
B. Provide a description of the method used, the date of any testing, and the onsite drainage points that were directly observed during a test.
t
Visual obsexvati_n. Nc industrial activity hss ccc•Fred in these areas within the last three years.
k, Significant Leaks or Spills
Provide existing information regarding the history of significant leaks er spills of toxic or hazardous pollutants at the facility in the last three years, including the
approximate date and location of the spill or leak, and the type and amount of material released.
This application is for a new facility t0 be constructed an a brownfields site. No industrial activity has occured or. this
site within the last threw yearn. There have been no significant leaks or spills of toxic or hazardous pollutants on this site
ithin the last three years.
EPA Farm 3514-217 (1-92) Page 2 of 3 Continue on Page 3

Continued from Page 2 1
EPA ID Number (copy from [tern I of Form 1)
Vli. Discharge Information
A, B. C. & D: See instructions before proceeding. Complete one set of tables for each outfall. Annotate the outfall numt>ar in the space provided.
Table VII-A, VII-B, Vtl-C are included on separate sheets numbers W-1 and VII.2.
E. Potential discharges not covered by analysis - is any toxic pollutant listed in table 2r-2. 2F-3, or 2r-4, a substance or a component of a substance which you
currently use or manufacture as an intermediate or final product or byproduct?
❑ Yes (list all such pollutants below) ❑ No (go to Section 1X)
Ill. Biological Toxicity Testing dataINS
Co you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in
relation to our discharge within the last 3 years?
Yes (list all such pollutants below) ❑✓ No (go to Section 1X)
IX. Contract Analysis information
Were any of the analyses reported in Item VII performed by a contract laboratory or consulting firm?
❑ Yes (list the name, address, and telephone number of, and pollutants
analyzed by, each such laboratory or firm below)
© No (go to Section X)
A. Name
B. Address
C. Area Code & Phone No.
D. Pollutants Analyzed
X. Certification
! cenihj 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 orpersons who manage the system or those persons
directly responsible for gathenrg the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l aim aware that
there are significant penalties For submitting false information, including the possibility of fine and imprisonment for knowing violations.
A. Name & Offtial Title (7ype Or Print)
Chris Bradley, Vice -President -Operations
B. Area Code and Phone No.
(706) S97-7241
C- Signaiu
O. Date Signed
EPA Form 3510-2F (1.92) 1 Page 3 of 3

PA ID Number {copy from Item I of Form i)
E
Form Approved. OMB No. 2040-008ti
i
Approval expires 5-31-92
VII. Discharge Information (Continued from page 3 of Form 2F)
Part A — You must provide the results of at least one analysis for every pollutant in this table. Ccrrcle to one table for each outfall. See instructions for addrtionat details.
Pollutant
and
CAS Number
(if avallable)
Maximum Values
(include units)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Pollutants
Grab Sample
Taken During
first 20
Minutes
Flrnv-Weighted
Composite
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Composite
Orland Grease
NfA
No induatrial activity.
Biological Oxygen
m
Deend $OD5)
No induatrial activity.
Chemical Oxygen
Demand {COD}
No industrial activity.
Total Suspended
Solids (T$S)
No industrial activity.
Total Nitrogen
No industrial activity.
Total Phosphorus
No industrial accivity-
PN
Minimum
Mo murn
Minimum
Maximum
.vo industrial activity.
Part 13 — Ust each pollutant that is limited in an effluent guideline which the faci€€ty s subiect to or any polkttant listed in the farr*/s NPOCS permit for its pmeess
wastewater (if the fact€ity is operating under an existing NPDES permit). Complete one table for each cutfall. See the instructions for additional details and
requirements.
Pollutant
and
CAS Number
iif available)
Maximum Values
(include units)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Pollutart3
Grab Sample
Taken During
Ftrst20
Minutes
Flow -Weighted
Composite
Grab Sample
Taken During
Firat20
Minutes
Flow -Weighted
Composite
zana
I
I
EPA Form 3510-2F (1-92) Page V11-1 Continue on Reverse

Continued from the Front
Part C • List each pollutant shown in Table 2F-2, 2F-3, and 2F-4 that you know or have reason to believe is present. See the instructions for additional details and
requirernents. Complete one table for each outfalL
Pollutant
and
CAS Humber
(i(availabfe)
Maximum Values
(irr We arils)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Pollutants
Grab Sample
Taken During
First20
Minutes
Flow -weighted
Composite
Grab Sample
Taken During
Fusl20
Minutes
Ficw-Weighted
Composite
None
Part D — Provide data for the storm event(s) which resulted in the maximum values for the flow weighted composite sample.
1.
Date of
Storm
Event
2.
Duraucn
of Storm Event
(in minutes)
3.
Total rainfall
during stone event
(in inches)
4.
Number of hours between
beginning of storm measured
and end of previous
measurable rain event
5.
Maximum flow rate during
rain event
(gallons/minute or
specify Unds)
6.
Total flow from
rain event
(galicas of specify units)
N/A
7. Ptovide a deScnDttan of the method of now measurement or es5rr.ate.
N/A
EPA Form 3510-2F (1-92) Page VII-2

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'fable 1. Outfall Locations- DAK Americas LLC Cedar Creek Site and Clear Path Recycling;
Outfall
Latitude
Longitude
Description
DAK or
Receiving Water
Dry Weather
CPR
Flow
001
34058"08'
78046"58'
Stormwater from developed and undeveloped land throughout the plant
DAK
Cape Fear River
Yes
property including the plant process areas and cooling tower
blowdown..
002
340 58"08'
78046"58'
Sanitary waste, treated process waste from the utility wastewater,
DAK
Cape Fear River
Yes
cooling tower blowdown, boiler blowdown, steam condensate and
sanitary and treated process waste from DuPont Teijin FilmsT"',
003
340 59"02'
78"47"26'
Stormwater runoff from the DAK resins plant. This outfall is currently
DAK
Cape Fear River
No
permitted under NCS000389. DAK Americas requests that DENR add
this outfall to the new permit and, if added to the new permit, then to
revoke NCS000389. This would consolidate all stormwater outfalls
and process wastewater outfalls into one permit.
A
34059"02'
78°46"4U
Stormwater runoff from the parking; lot and bottle storage areas where
CPR
Cape Fear River
Small amount
the Monsanto facility formerly stood. The outfall discharges onto a
of groundwater
vegetative strip prior to entering the waterway.
infiltration
B 1
34°58"58'
78"46"39'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River
No
discharges onto a vegetative strip prior to entering the waterway.
B2
34058"56
78046"38'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape fear River
Small amount
discharges onto a vegetative strip prior to entering; the waterway,
of groundwater
infiltration
B3
34058"55'
781146"38' ,
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River .
No
discharges onto a vegetative strip prior to entering the waterway.
C
34058"54'
78046"39'
Stormwater from the railroad spurs used to transport materials, No
CPR
Cape Fear River
No
unloading activities occur in this area. Sheet flow only through a
vegetated strip
June 30, 2009
E. Wike

Outfall
Latitude
longitude
Description
DAK or
Receiving Witter
Dry Weather
CPR
Flow
D
34058"54'
78046"42'
Stormwater from railroad spurs used to transport materials. No
CPR
Cape Fear River
No
unloading activities occur in this area. Sheet flow only through a
vegetated strip
E
34058"49'
78046"42'
No industrial activity in this area. Area drains a small paved area. The
CPR
Cape Fear River
No
outfall discharges onto a vegetative strip prior to entering the
waterway.
F
34058"42'
78046"50'
Stormwater from developed and undeveloped land throughout the plant
DAK
Cape Fear River
Small amount
property including; process areas. Overflow from SW001. The outfall
of overflow
discharges onto a vegetative strip prior to entering the waterway.
from SW001
G
34058"41'
78046"50'
Stormwater from activities associated with wastewater treatment basins,
DAK
Cape Fear River
No
fuel oil storage and paved roadways used for in -plant transportation
The outfall discharges onto a vegetative strip prior to entering the
waterway.
H
34058"45'
78047"05'
Stormwater from activities associated with the wastewater treatment
DAK
Cape Fear River
No
plant. Outfall discharges onto a vegetative strip prior to entering the
waterway.
Extensive sampling was conducted far all outfalls and submitted with the permit renewal application in 1992. Outfalls A through G indicated low levels or less
than detectable amounts of pollutants. Based on this documentation, the State decided that stormwater sampling would only be required from Outfall 001. For
ease of accessibility, this sample is taken front the manhole designated SW -I, which is immediately upstream from Outfall 001.
June 30, 2009
E. Wike

7. Drawing Showing Outfail Locations
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PLANT BOUNDARY 4----•----- ----•----- ---------------- -•
w/HWY. 53 l
= i DRAINAGE AREA 2 ;` i i N t
" . APPROX. 6.4 ACRES l f 5U8
TATI N DRAINAGE AREA 3 0r. IMPERVIOUS SUB APPROX.23.2 ACRES
l ` ARM G T TI PW2� G 64X tlMPERvIOUS
Nil
�..v
ALPHA AVENUE rx vtls
l
PROPERTY
f FIC LINE TYP•
WELLI�AN AINAGE AREA 4
i z PRDX, 8.6 ACRES ,.
tAILC
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o BRAVO AVENUE 1 In.� N� F_ APPROX_ 5.8 AC OUIFALL }
' 3/. IMPERVIOUS
! PARK1Nr, UTf o $10 AGE UAINT HOP 1 Tfi
9LD. OUTFIIi @S
f 1 ❑ \J ET 822oj
1 e
DRAINACE AREA 5
OHARLIE AVENUE ' APPROX. 7.1 ACRES if pRAINAGE EA
awrac +.0 a z STORES EXIST, WHSE. 65% [MPERVIOUS APPROX, 5 A[F
pIP n o �I qX uAP v1oUS
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DELTA AVE. Au1AGE AREA
— PROX.0.11 TFALL
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,f i JW DRAINAGE AREA 11
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'! 51 i a..+rt wtau wASTE TREATMENT J.a
„ »++oc►ws eat `
c Lvwc►ras SAWPLNG ourrA
FOR &I
R /FOXTROT AVENUE-----.------•-----•—^--------••---^—._�_.—._�__.__.-- ---
ovEpF�o�
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o;
IA
c
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O OUTF AL L
GOLF AVENUE DRAfrtAZE AREA 14 � '� _~ P.tVER WATER /ems G (CONCRETE DITCH)
f APPROX. 56 ACRES 6 f RJTAKE- PLANT
01 IUPERVtOUS — OUTFALL o.c
- _ • t� x 0[srrrar
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FAYETTEVILLE N.C. I
` V) STORM SEWER
l z SITE PLAN
vDI.A AVENUE FAYETTEVILLE SITE
f
i ".
; rW�
Lu
z '' `� `" z ° y 1147 74 D r
f a /' �' w r a o o N 3 O 1 nnC 1001 A
_ V i. V
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1ULIETTE AVENUE
i w Z w u1
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r•
ocrw r�r .w.r• w.s=o =a r;�o rr s cs•¢.� RZ6Nc_1nrEs SROAT�SS 5i5f RNAYE , �, 9 I � E ), � 4 � � r�� �. i7 � tf � s •I ; I.� 6 '' iR 3[i�� 7 17 32 3s � k• ��� �`' RfR1LRtiRRi1ltiillltitfii{pE$�Ci€LENMIE Rl3ltltlRtttitfllftiilift

M 0 Clear Path Recycling LLC
5925 Carnegie Blvd • Suite 500
' Charlotte, NC 28209_
704.940.7555 - fax [phone]
August 6, 2009
Ms. Jennifer Jones
Environmental Engineer
NC DENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Stormwater Permit for Clear Path Recycling LLC
Stormwater Permit for DAK Americas, LLC Permit No. NC0003719
Fayetteville, Cumberland County, NC
Dear Ms. Jones:
This application package is being submitted to obtain a stormwater permit for Clear Path Recy-
cling LLC, a newly formed corporation. Clear Path Recycling has obtained 53 acres that was
formerly part of the DAK Americas 172-acre tract located in Fayetteville, Cumberland County,
NC. DAK Americas LLC currently has ,stormwater outfalls from the site permitted under
NPDES Permit No. NC0003719. Some of the DAK outfalls are now part of Clear Path Recycling
(CPR). The attached table and site plan show the outfalls that are part of the CPR operation and
the outfalls that are remaining in the DAK operation.
Clear Path Recycling plans to construct a recycle bottle facility inside two existing buildings.
Bottle storage will be outside on existing impervious areas. Process wastewater from the recycle
bottle operation will be treated in a new pretreatment system prior to treatment further in DAK's
biological wastewater treatment plant permitted under NPDES Permit No. NC0003719.
At this point, Clear Path Recycling is asking DENR to transfer the existing outfalls from the
name of DAK Americas LLC to the name of Clear Path Recycling LLC. The attached documents
show the relationship between Clear Path Recycling and DAK Americas. This request is for a
change in corporate ownership. There will not be a change in operations at this time. CPR an-
ticipates that the layout and design of the new recycle bottle facility will be complete within the
next two months. Should the design of the recycle bottle facility result in greater than one acre of
land disturbing activity, CPR will submit additional information to allow DENR to develop a
stormwater permit that will cover the facility that will be built for the recycle bottle plant opera-
tion.
If you have questions or need additional information, please call Elizabeth Wike at (910) 512-
4483.
Sincerely,
Chris Bradley
Vice -President — Operations

Clear Path Recycling LLC
Change of Ownership
Application Package
1. Cover letter
2. EPA Form 1
3. EPA Form 2F
4. Lease between DAK Americas LLC and Clear Path Recycling LLC
5. Survey
6. Table t. Outfall Locations
7. Drawing Showing Outfall Locations
8. Stormwater Sewer Site Plan— Fayetteville Site

Please print or type in the unshaded areas Only.
Form Approved. OMB No. 2040.0086
FORM
U.S. ENVIRONMENTAL PROTECTION AGENCY
I. EPA I.D. NUMBER
=.EPA GENERAL INFORMATION
Permits
Consolidated Program
F D
GENERAL
(k.vd the "General insbnctions" befora martins.)
1 1] If 5
-
GENERAL INSTRUCTIONS
LABEL ITEMS
it a preprinted lapei has been provided, affix It in the
.
designated space. A90try the Information carefully, 0 any or it
is Incorrect, cross through It and enter the correct data In the
I. EPA J.D. NUMBER
appropriate fill-in area below. Also, if any of the prapnnted data
A absent (the area to the left or the Label space lists the
III, FACILITY NAME
PLEASE PLACE LABEL IN THIS
SPACE
rnfdrmadar; that should appear), p(easa provide R In the proper
hl-In area(s) below. if the label Is complete and correck you
need not comptera items 1, lit, V, and W (except VI-8 With
V" FACIL fTY MAILING
ADDRESS
must be completed regardless), Complete all items if nolabs}
- -
has been provided. Refer to the instruction for Cetarled'Rem
descriptions and far are legal authorizallons under which this
VI. FACILITY LOCATION
data is collected.
It. POLLUTANT CHARACTERISTICS
INSTRUCTIONS: Complete A through J to determine whether you need to submit any pemrst application forms to the EPA. If you answer *yes' to any questions, you must
submit this farm and the supplemental form listed in the parenthesis following the question. Mark W in the box in the third colunxl if the supplemental form is attached- If
you answer'ne to each question, you need not subunit any of these forms- You may answer 'no if your activity is excluded from permit requirements: see Section C of fire
instructions. See also, Sedan Q of the instruction$ for defiriltions of bold-faced terms.
Mort
X,
hlarx •x-
YES
NO
FORM
ATTACHEp
YES
NO
wren
ATTACHED
SPECIFIC QUESTIONS
SPECIFIC QUESTIONS
A. Is INS facility a publicly owned treatment works which
results In a discharge Le waters of the U.S.? (FORM 2A)
v
^
B. Does or will this facility (either existing or proposed)
include a concentrated animal feeding operation or
X
aquatic animal production factllty which results in a
a
u
is
9
s+
discharge to waters of the U.S.? (FORM 25)
C. Is this a facility which currently results in discharges to
��//
X
D. Is this a proposed facility (other than those described it? A
"
waters of the U.S. other titan those described in A or B
or S above) which will result in a discharge to waters of
x
above? (FORM 2C)
the U.S.? (FORM 2D)
n
b
z<
25
1 m
at
E. Goes or will this facility treat, store, or dispose of
F. Do you or will you inject at this facility industrial or
hazardous wastes? (FORM 3)
x
municipal effluent below the lowermost stratum
X
containing, within one quarter mile of the well bore,
underground sources of drinking water? (FORM 4)
as
>fl
G. Do you or will you inject at this fatality any produced water
H. Do you or will you inject at this facility fluids for special
or other fluids which are brought to the surface in
processes such as mining of sulfur by the Frasch process,
connection with conventional oil of natural gas production,
X
sehrtian mining of minerals, in situ combustion of fossil
inject fluids used for enhanced recovery of oil or natural
fuel, or recovery of geothermal energy:' (FORM d)
gas. er inject fluids for storage of liquid hydrocarbons?
(FORM 4)
W
M
'A
tt
u
w
L is this facility a proposed stationary source which is one
J. Is this facility a proposed stationary source which is
of the 28 industrial categories listed in the instructions and
/
/�
NOT one of the 28 industrial categories listed in the
which will potentially emit 100 tons per year of any air
instructions and which will potentially emit 250 tons per
jt
pollutant tegulated under the Clean Air Act and may arfect
year of any a(r pollutant regulated under the Clean Air Act
w
11
��
+s
s
or be located in an attainment area? (FORM 5)
and may affect or be Iccated 'In an attainment area?
(FORM 5)
III, NAME OF FAC!U! f
1 )
SKIP
t C ear Path Recyc ing
is 1
14 - sa
130-
IV. FACILITY CONTACT
A. NAME & TITLE (fast, first. & title)
B. PHONE (area nude g no.)
z
E iZa etl ike
(1) 5 2-4 8
{:;
V.FACILTY MAILING ADDRESS
A. STREET OR P.O. BOX
prr lfiti 4 I N)(�I ° t I;i
Jd P.O. ox 2260
t-
3
-
•'r
n ie
41 = 1
B CITY OR TOWN
C STATE
C- ZIP CGCE i r''
2.
fT-
a
Lelan
r
C
1s
to
a f;
VL FACILITY LOCATION
A. STREET, ROUTE NO. OR OTHER SPECIFIC (DENTIRER
C
s 346 actor Csee Rea
IS to
N -k.. -•,Y
IS l'
a, COUNTY NAME
- • '
Culmb rlan
b
rV'
C. CITY OR TOWN
D. STATE
E. ZIP CODE
F. COUNTY CODE (if k7o114
fi
F y t ev'i 1 I
C �AAS
1
EPA Form 3510-1 (8-90) CONTINUE ON REVERSE

CONTINUED FROM THE FRONT
VI I. SIC CODES 4-di it, in order o( rfori 1
A. FIRST
B. SECOND
7
5162
(specify) Plastics materiala and basic forms and ehapas
; (specify)
C. THIRD
D. FOURTH
(specify)
(spe45)
7
:d
7
a w
VIII. OPERATOR INFORMATION
A. NAIVE 1B.Is the name listed in Item
VIII-A also the owner?
Clear Path Recycling LLC
e m YES ❑ NO
1! Id U1
C. STATUS OF OPERA7OR (Enter the appro rrale letter into the onsuer boar if"'Other, "spec fi.)
D. PHONE (area code & no.)
F = FEDERAL tit =PUBLIC (other dlan federal vrstate)
S=STATE
P
(spe'fi) t
A
[phone]
0=0THER(rpecrfv)
P=PRIVATE
s
w
le I,g 21 n s
E. STREET OR P.O. BOX
<
I
5 2 Carnegie lvd. Suite 5 0
I 6
.t i }_
:e n
F. CITY OR TOWN
G. STATE=90
H.CODEX. INDIAN LAND
the facility located on Indian lands?
g
Charlotte
NC
YES ONO
X. EXISTING ENVIRONMENTAL PERMITS
0. PSD (Air Emisrians from Proposed Sources)
A. NPDES PrdraFev to Surface rioter)
4 I
w
Is
Ie
q !e
'o
B. UtC Lindererownd fniection ofF)rd&)
E OTHER (s eci6.
T
c
r
I
(spec-rfv)
9
U
9
FS
15
li
13 7n
15 1
14
1 It 1IA y]
C. RCRA (Ha_ardous Mastes)
E. OTHER(roe ci +)
c
T
Ir_
r
I i
(specify)
9
R
9
Is Id Ir la b Is Ie v le x
XI. MAP
Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The map must show the outline of the facility, the
location of each of its existing and proposed intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities, and each well where it
injects fluids underground. Include all springs, rivers, and other surface water bodies in the map area. See instructions for precise requirements.
XII. NATURE OF BUSINESS ((ovidea brief desctr ton)
The plant is being designed for recycling post consumer PET bottles coming from municipal collection, landfill
sorting, curb -side collection or "deposit systems". The wash line recycling technology will allow highly
contaminated bottles to be recycled without affecting the output flake quality. The output flake capacity will
5000 Kg/hr of clear flake and 2500 Kg/hr of green flake and will use two wash lines to achieve this output. The
plant will be designed for a continuous operation 24/24 h, 7 days a week.
Bales of post -consumer PST bottles will be stored outside on an existing slab. Inside two existing buildings
recycling equipment will be installed. This includes de -bailing; a hot ore -wash section; inspection table and
metal sorting; a wet grinding area; a washing section made up of stainless steel silos, reaction tanks for the
removal of labels and adhesivies, horizontal centrifuge, separation tank, rinsing reactors, and dewatering and
drying; followed by silos for product storage and a big bag filling station.
This information is "Confidential Business Information" and should not be made available to the public.
This application is to establish the outfalls in the attached table in the name of the newly formed company,
Clear Path Recycling, and to remove these outfalls from the permit for DAX Americas (NC0003719). Additional
information on the design of the facility will b-e submitted once it is complete.
XIII. CERTIFICATION (see instructions)
) certify under penalty of taw that I have personally examined and am familiar with the information submitted in this application and all attachments and Iha1, based on my
inquiry of those persons immediately responsible for obtaining the information contained in the application, 1 believe that the information is true, accurate. and complete. 1
am aware that there are significant penalties korsubmitting false information, including the possibility of fine and imprisonment.
A. NAME & OFFICIAL TITLE (tyre ar punt)
B, SIGNATURE
C. DATE SIGNED
Chris Bradley
Vice -President -Operations
COMMENTS FOR OFFICAL USE ONLY
jC
EPA Form 3510-1(8-90)

Please print or type in the unshaded areas only.
EPA ID Number (copy firun !tern f or Form f }
FForm
Approved. OMB t+io 204QOO136
Approval expires 5-31-92
FORMvYm
ZF
NPDES
U.S. Environmental Protection Agency
ion. DC 20460
Application for Permitt to Discharge Storm Water
Discharges Associated with Industrial Activity
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 28.6 hours per application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding" burden estimate, any other aspect
of this collection of information, or suggestions for improving this farm, including suggestions which may increase or reduce this burden to: Chief, Information Policy
Branch, PM•223, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, or Director, Office of information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503.
1. Outfall Location
For each outfall, list the latitude and longitude of its location to the nearest 15 seconds and the name of the receiving water.
A. Outlet Number
(fist)
B. Latitude
C. Longitude
0 Receiving Water
(name)
A
14.00
59.00
2.00
76.00
46.00
40.00
Cape Fear River
81
34.00
58.00
58.D0
78.00
46.00
39.DD
Cape Fear River
92
34.00
58.00
56.00
78-00
46.00
MAD
Cape Fear River
63
34.OD
58.60
55,00
78.00
46,00
38.00
Cape Fear River
C
14.00
59.00
54.00
78.00
46.00
39.00
Cape Fear River
D
34.00
58.00
54.00
78.00
45.00
42,00
Cape Fear River
E
34,00
So .1)01
49,001
78.001
46.001
42.00
Cape Fear River
11.Improvements MOM
A. Are you now required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading or operation of wastewater
treatment equipmert or practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not limited
to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions.
1. Identification of Conditions,
Agreements, Etc.
2. Affected Outfalls
3. Brief Description of Project
4. Final
Compliance Date
number
source of discharge
a_ req,
h rot.
Clare
B: You may attach additional sheeis describing any additional water pollution (or other environmental projects which may affect your discharges) you now have under
way or which you plan. Indicate whether each program is now under way or planned, and indicate your actual or planned schedules for construction.
Ilk. Site Drainage flap
Attach a site map showing topography (or indicating the outline of drainage areas served by the outfalli coffered in the appticaken it a topographic reap is unavailable)
depicting the facility including: each of its intake and discharge structures, the drainage area of each storm water ouUafl; paved areas and buildings within the drainage
area or each storm water outtall, each known past or present areas used for outdoor storage of disposal of significant materials, each existing structural control measure
to reduce pollutants in storm water runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are applied: each of
its hazardous waste treatment, storage or disposal units (including each area not required to have a RCRA permit which is used for accumulating hazardous waste
under 40 CFR 262.34); each well where fluids from the facility are injected underground, springs, and other surface water bodies which received storm water discharges
from the facility.
EPA Form 3510-2F (1-92) Page 1 of 3 Continue on Page 2

Continued from the Front
IV. Narrative Description of Pollutant Sources
A. For each outfall, provide an estimate of the area {include units) of imperious surfaces (Including paved areas and building roofs) drained to the outfall, and an estimate of the total surface area
drained by the outfall.
Outfalt
Area of Impervious Surface
Total Area Oralned
Ovtfall
Area of Impervious Surface
Total Area Drained
Number
(prowde units)
(provide units)
Number
(provide units)
(provide units)
A
14.8 acres
23.2 acres
C
0 acres
2.5 acres
31
0.2 acres
5.8 acres
❑
0 acres
1.0 acre
B2
4.6 acres
?.1 acres
2
0.04 acres
1.1 acres
B3
0.06 acres
0.11 acres
B. Provide a narrative description of significant materials that are currently or in the past three years have been treated, stored or disposed in a manner to allow exposure
to storm water, method of treatment, storage, or disposal; past and present malerials management practices employed to minimize contact by these materials with
storm water runoff; materials loading and access areas, and the location, manner, and frequency In which pesticides, herbicides, soil conditioners, and fertilizers are
applied.
No industrial activity has occurred in these areas within the last thrae years. All outfalls discharge onto a vegetatl•te strip
prior to entering the waterway. pesticides, herbicides, soil conditioners, And fertilizers are not applied to these areas.
The attached table provides a narrative descriati.en of each cutlall.
C. For each outfall, provide the location and a description of existing structural and nonstructural control measures to reduce poilutants in storm water runoff, and a
description of the treatment the storm grater receives, including the schedule and type of maintenance for controt and treatment measures and the uWmate disposal
of any solid or fluid wastes other than by discharge.
Outfall
List Codes from
Number
Treatment
Table 2F-i
See attached facie
V. Nonstormwater Discharges
A. I certify under penalty of law hat the eutfalt(s) covered by this application have been tested or evaluated for the presence of ncnstannivater discharges, and that ail
nonstormwater discharged from these outfall(s) are identified in either an accompanying Form 2C or From 2F application for the outfall.
Name and OfII Title (type or print)
Signature-
Date Signed
Chris Bradley, Vice Pres.-Operation
p' I 6 /O
B. Provide a description of the method used, the date of any testing, and the ensile drainage points that were directly observed during a test.
Visual observation. No industrial activity has occured in these areas within the last three years.
I. Significant Leaks or Spills
Provide existing information regarding the history of significant leaks or spills of toxic or hazardous pollutants at the facility in the last three years, including the
approximate date and location of the spill or leak, and the type and amount of material released.
Thia application is for a new facility to be constructed on a brown.fieids site. No industrial activity has occured or. this
site within the last three yearn. There have been no significant leaks or spills of toxic or hazardous pollutants on this site
within the last three years.
EPA Form 3510-2F (1-92) Page 2 of 3 Continue on Page 3

Continued from Pace 2 1
EPA ID Number (copy from Item 1 of Form 1)
VIL Discharge Information
A, B, C, & D: See instructions before proceeding. Complete one set of tables for each outfaii. Annotate the outfall number in the space provided. j
Table VII-A, VII-S, VII-C are included on separate sheets numbers VII.1 and VII.2,
e. Potential discharges not covered by analysis - is any toxic pollutant listed in table 2F-2. 2F-3, or 2F-1, a substance or a component of a substance which you
currently use or manufacture as an intermediate or rinal product or byproduct?
❑ Yes (list all such pollutants below) � Ilia (go to Secben fX)
M. Biological Toxicity Testing Data
Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in
relation to our discharge within the last 3 years?
06 Yes (list all such pollutants below} ❑ No (go to section 14
IX. Contract Analysis Information
Were any of the analyses reported in Item VI performed by a contract laboratory or consulting firm?
❑ Yes (list the name, address, and telephone number of, and pollutants ❑ No (go to sec70n X)
analyzed by, each such laboratory or firm below)
A. Name
B. Address
C. Area Code & Phone No.
D. Pollutants Anaiyzed
X. Certification
t cer0l under penairy cf law that this document and all attachments were preparod under my direction or supervision in accordance with a system designed to assure
that qualified personnel property 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. l am a,vare that
there are significant penalties for submitting false informatcn, including the possibility of fine and imprisonment for knowing violations.
A. Name & Official Title (Type Or Print)
B. Area Code and Phone No.
Chris Bradley, Vice -President -Operations
[phone]
C. Signatu
D. Date Signed
LO
EPA Form 3510-2F (1.92) // Page 3 of 3

EPA ID Number (copy from Item f of Form 1) Form Approved. OMB No. 2040-0086
Approval expires 5-31-82
VIi. Discharge information (Continued from page 3 of Form 2F)
Part A —You must provide the results of at least one analysis for every pollutant in this table. Ccmotete one table for each outfall. See instructions for additional detalls.
Pollutant
and
CAS Number
(if available)
Maximum Values
(include units)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Paliutarls
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Composite
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Composite
Oil and Grease
NIA
No industrial activity.
Biological Oxygen
Demand (SODS)
Na industrial activity.
Chemical Oxygen
Demand (COD)
No industrial activity.
Total Suspended
Solids (TSS)
No indus^_rial activity.
Total Nitrogen
No industrial activity.
Total Phosphorus
No industrial activity -
pH
Minimum
Maximum
Minimum
Maximum
No industrial activity.
Part B — List each pollutant that is timited in an effluent guideline which the facility is subject to or any pollutant listed in the facility's NPDES permit for its process
wastewater (if the facility is operating under an existing NPDES permit). Complete one table for each cutfall. See the instructions for additional details and
requirements.
Pollutant
and
CAS Number
(ifavailable)
Maximum Values
(include units)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Pollutants
Grab Sample
Taken During
First 20
lriinutes
Flow -Weighted
Composite
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Composite
nDRC
EPA Form 3510-2F (1-92) Page VII•i Continue on Reverse

Continued from the Front
Part C - List each pollutant shown in Table 2F-2, 2F-3, and 2174 that you know or have reason to believe is present. See the instructions for additional details and
requirements. Complete one table for each outfall.
Pollutant
and
CAS Number
(ifavailable)
Maximum Values
(Include units)
Average Values
(include units)
Number
of
Storm
Events
Sampled
Sources of Pollutants
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Cemposlte
Grab Sample
Taken During
First 20
Minutes
Flow -Weighted
Composite
None
Part D — Provide data for the stomi event(s) which resulted in the maximum values for the flow weighted cemposile sample.
Date of
Storm
Event
Duration
of Storm Event
(in minutes}
Total rainfall
during storm event
(in inches)
4.
Number of hours between
beginnfrlg of storm measured
and end of previous
measurable rain event
5.
Maximum flow rate during
rain event
(gallons/minute or
specify units)
6-
Total flow from
rain event
(,gallons or specify units)
N/A
7. Provide a description of the method of flow measurement or estimate.
N/A
EPA Form 3510-2F (1-92) Page VII-2

4. Lease between
DAK Americas LLC
and
Clear Path Recycling LLC

LEASE
THIS LEASE ("Lease") is made effective as of the Lease Date by and between
Landlord and Tenant.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the
parties mutually covenant and agree as follows:
1. Definitions.
Capitalized terms appearing in this Lease, unless defined elsewhere in this Lease, shall
have the following definitions:
(a) "Additional Rent" shall mean all sums of motley in addition to Base Rent
which shall become due from Tenant under this Lease, including, without limitation, Taxes,
Insurance and Interest. "Rent" shall mean, collectively, all Base Rent and all Additional Rent.
(b) "Adiacent Property" means the real property described on the attached
Exhibit B, which is incorporated by this reference, which is owned by Landlord but which is not
part of the Premises leased to Tenant.
(c) "Asset Contribution Agreement" shall mean that certain Asset
Contribution Agreement dated as of the date of this Lease between Landlord and Shaw industries
Group, Inc., a Georgia corporation.
(d) "Facilities Services Agreement" shall mean that certain Facilities
Services Agreement dated as of the Lease Date between Landlord and Tenant,
(e) "Interest" shall mean interest at 12% per annum (but riot to exceed the
maximum interest rate then allowable under the law) from the date such payment became due to
the date of payment thereof by Tenant.
(f) "Taxes" shall mean (i) all real estate and ad valorem taxes, assessments,
levies and other goverrmental impositions and charges of every kind and nature whatsoever,
extraordinary as well as ordinary, assessed or imposed upon the Premises, or any portion thereof
and association dues or assessments relating to the Premises, whether imposed through a
recorded document or otherwise; (ii) all personal property taxes, assessments, levies or other
similar governmental charges assessed or imposed upon any machinery, equipment or other
personal property used in connection with the operation, maintenance or management of the
Premises, and (iii) all reasonable costs and expenses incurred by Landlord in contesting the
amount or validity of any Taxes or the valuation of the Premises or any portion thereof,
including, without limitation, any reasonable fees of attorneys, tax consultants, arbitrations,
appraisers, experts and other witnesses.
2
FPA8 155634M

2. Premises.
Landlord hereby leases, rents and demises to Tenant, and Tenant hereby leases and
accepts from Landlord, upon the terms and conditions and for the purposes set forth in this
Lease, the Premises. All of the terms provided for under the Keys Provisions Summary are
incorporated into this Agreement and read in conjunction with all other provisions to this Lease
applicable thereto.
3. Term.
This Lease shall commence on the Lease Date, and shall continue for the Term which
ends at 11:59 p.m. on April 29, 2108 unless modified or earlier terminated pursuant to the terms
hereof.
4. Conditioa of Premises,
Except as otherwise provided in the immediately following paragraph in this Section 4,
Tenant acknowledges that Tenant has inspected and accepts the Premises, "AS -IS", "WHERE
IS", "WITH ALL FAULTS", in their present condition, as suitable for the purpose for which
the Premises are leased. Taking possession ' of the Premises by Tenant shall be deemed
conclusively to establish that the Premises are in good and satisfactory condition as of the date
possession was taken. Except as otherwise provided in the immediately following paragraph in
this Section 4, Tenant further acknowledges that neither Landlord nor any of Landlord's agents,
representatives or employees have made any representations or warranties, either express or
implied, with respect to the Premises or the condition of the Premises, and Tenant further
acknowledges and agrees that no representations or promises to alter, remodel or improve the
Premises have been made by Landlord, unless such are expressly set forth in this Lease.
Notwithstanding the foregoing, nothing contained in this Section 4 shalI limit the rights
or obligations of either Tenant or Landlord under Section 3.4, 3.6 or 5.2 of the Asset
Contribution Agreement.
5. Base Rent.
On the Lease Date, Tenant shall pay all Base Rent for the entire Term in advance in
United States currency, immediately available federal funds, without notice, deduction, demand,
abatement, counterclaim or set off. Additional Rent shall be due ten (lp) days after demand by
Landlord to Tenant unless provided otherwise herein.
Checks for all Rent shall be made payable to Landlord and mailed or delivered to the
address set forth in the Key Provisions Summary or to such other address as Landlord may
designate to Tenant in writing. if Landlord shall at any time accept any such Rent or other sums
after the same shall become due and payable, such acceptance shall not excuse a delay upon
subsequent occasions, or constitute or be construed as a waiver of any of Landlord's rights
hereunder, at law or in equity.
PPAA 155634M

6. Taxes and Assessments.
Tenant shall bear, pay and discharge, prior to delinquency, all Taxes, and each and every
installment thereof which shall or may during the Term hereof be charged, laid, levied, assessed,
or imposed upon, or arise in connection with, the use, occupancy or possession of the Premises
or any part thereof Taxes shall be prorated between Landlord and Tenant for any Taxes
covering periods before or after the Term, Upon request of Landlord, Tenant shall promptly
furnish to Landlord satisfactory evidence of the payment of any such Tax, In the event that it
shall not be lawful for Tenant to so reimburse Landlord, the Base Rent shall be revised so as to
net Landlord the same net rental after imposition of any such Tax upon Landlord as would have
been payable to Landlord prior to the imposition of any such Tax. Landlord shall promptly
deliver to Tenant any tax bills Landlord receives with respect to the Premises. Tenant shall have
the right to contest the amount or validity of any Taxes or the valuation of the Premises or any
portion thereof and Landlord shall cooperate in any such contest, at no expense to Landlord.
In the event that the Premises is not assessed as a separate tax parcel but is instead
included in another, larger parcel with the Adjacent Property, Landlord shall pay prior to
delinquency all Taxes with respect to the tax parcel of which the Premises is a portion. Within
thirty (30) days of demand therefor, but not more than ten (14) days prior to the Tax delinquency
date, Tenant shall reimburse Landlord for the portion of the tax paid by Landlord attributable to
the Premises. The proration shall be on a proportional basis upon the ratio that the total acreage
of the Premises bears to the total acreage of the larger tax tract. If the applicable taxing authority
assesses improvements separately, the portion of the tax bill attributable to improvements shall
be allocated to the Premises or the adjacent land, respectively, based upon the actual location of
the applicable improvements.
Landlord agrees, at Landlord's sole expense, to exercise commercially reasonable and
diligent efforts to cause the Premises to become a separate tax parcel with the appropriate taxing
authority. Landlord shall keep Tenant reasonably informed of such efforts.
Use of the Premises; Laws.
Tenant shall use the Premises only for the Permitted Use and for no other purpose.
Tenant shall, at its own cost, promptly comply with all applicable laws, rules, regulations,
ordinances, declarations, easements, agreements and restrictions with respect to the use and
occupancy of the Premises, including, but not limited to, the Americans with Disabilities Act and
of any insurance underwriting board or insurance inspection bureau having or claiming such
jurisdiction and of all insurance companies from time to time selected by Tenant to write policies
of insurance covering the Premises and any business or business activity conducted thereon.
Tenant shall not use or permit the use of the Premises for any purpose that is illegal, immoral or
improper or is in violation of any applicable legal, governmental or quasi -governmental
requirement, law, ordinance or rule, or that creates a nuisance, or injures the reputation of the
Premises, Tenant acknowledges and agrees that neither Landlord nor any of Landlord's agents,
employees or representatives has made any representation or warranty (either express or implied)
as to the suitability of the Premises for the Permitted Use.
4
FFAAB 155634M

Tenant shall, at its sole cost and expense, (i) keep and maintain in full force and comply
with all required permits, licenses and governmental authorizations necessary for Tenant's
operation of the Premises for its Permitted Use, including, without limitation those portions of
Seller's Stormwater Permit, as that term is defined in the Facilities Services Agreement and,
should Tenant be required to comply with Seller's Air Permit (as that term is defined in the
Facilities Services Agreement) pursuant to Section 4(b)(iii) of the Facilities Services Agreement,
Seller's Air Permit (collectively, the "Permits"), which are applicable to Tenant (provided,
Landlord provides to Tenant, in writing, the requirements of the Permits with which Tenant must
comply) and (ii) pay all fees, other expenses of any kind or nature whatsoever in connection with
said Permits, licenses and governmental authorizations. Tenant represents and warrants that it
has full right, power and authority to use any and all services, trade names, trade marks, slogans
or machines used by it in its operation as provided under this Lease.
8. No Maintenance by Landlord,
Tenant shall promptly notify Landlord of any defective or dangerous condition in the
Premises. Landlord shall not be required to make any alterations, reconstructions, replacements,
changes, additions, improvements or repairs of any kind or nature whatsoever to the Premises or
any portion thereof at any time during the term of this Lease, except as expressly provided in
Section 9 or Section 15. Notwithstanding anything contained in this Lease, Landlord shall have
no obligation to make any improvements, alterations, repairs or maintenance to the Premises
prior to or during the Term, and in no event shall Landlord have any obligation to make any
repairs, maintenance or replacements to the Premises unless damage to the Premises is caused by
Landlord, or its employees, customers, invitees, guests, agents or representatives.
9. Maintenance by Tenant.
Tenant shall, at its sole cost and expense, maintain the Premises in compliance with all
applicable laws, codes and ordinances. if Tenant fails to perform its obligations, Landlord may
enter the Premises but only after thirty (30) days notice to 'Tenant, and do so on Tenant's behalf,
and Tenant shall reimburse Landlord upon demand for any reasonable costs and expenses
incurred by Landlord in performing such obligations, At the termination of this Lease, Tenant
agrees to deliver up the Premises to Landlord in compliance with all applicable laws, codes and
ordinances.
Tenant shall use the Premises at Tenant's own risk, Landlord shall not be liable to Tenant
or Tenant's employees, agents, licensees, invitees or guests or any other person for any loss,
injury or damage to any property or person occasioned by theft, Force Majeure (as defined below
in Section 3.2d) or any other cause beyond the control of Landlord, including, without limitation,
any loss, injury or damage caused by any act or omission of Tenant, Tenant's employees, agents,
licensees, invitees or guests, any other tenant or occupant of the Building or any other parties.
All property placed on, in or about the Premises by, at the direction of, or with the consent of
Tenant or its employees, agents, licensees, invitees or guests shall be at the risk of Tenant or the
owner thereof, and Landlord shall not be liable for any loss of or damage to said property
resulting from any cause whatsoever, unless such loss or damage is caused by Landlord, or its
employees, customers, invitees, guests, agents or representatives.
PPAB 155634GY2

10. THIS SECTION INTENTIONALLY DELETED.
11. Alterations.
Tenant may make any alterations, additions or improvements to any portion of the
Premises (collectively, "Alterations") without Landlord's prior written consent. Any
alterations, additions or improvements (except for movable equipment and furniture owned by
Tenant) installers in the Premises by or on behalf of Tenant shall, at Landlord's option, become a
part of the Premises and Landlord's property upon the expiration or earlier termination of this
Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have
the right to require Tenant to remove any such alteration, addition or improvement at Tenant's
expense upon the expiration or earlier termination of this Lease. In the event that Landlord so
elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may
remove such alteration, addition or improvement at Tenant's cost, and Tenant shall pay Landlord
on demand the cost of removing such alteration, addition or improvement and restoring the
Premises to the condition it existed as of the Lease Date, ordinary wear and tear, casualty and
condemnation excepted. Tenant shall reimburse Landlord upon demand for all costs and
expenses incurred by Landlord in repairing or replacing any damage to the Premises caused by
Tenant or Tenant's agents, employees, invitees, or visitors.
For any Alterations, then Tenant shall comply with the following provisions:
(i) Before the commencement of any such work, Tenant shall obtain
the approval and required permits from all governmental
departments or authorities having or claiming jurisdiction of or
over the Premises, and with any public utility companies having an
interest therein. Tenant shall comply with all applicable laws,
ordinances, requirements, orders, directions, rules and regulations
of the federal, state, county and municipal governments and of all
other governmental authorities having or claiming jurisdiction of
or over the Premises, and with the requirements and regulations, if
any, of such public utilities, insurance underwriting board or
insurance inspection bureau having or claiming jurisdiction, and all
insurance companies then writing policies covering the Premises.
(ii) Tenant represents and warrants to Landlord that all such work shall
be performed (x) at Tenant's cost and expense, free of any expense
to Landlord and free of any liens on Landlord's fee simple interest
on or Tenant's leasehold interest in the Premises and (y) in a good
and workmanlike manner and in accordance with the terms,
provisions and conditions of this Lease,
(iii) Upon substantial completion of any such work, Tenant shall
procure a certificate of occupancy, if applicable, from the
appropriate governmental authorities verifying the substantial
completion thereof.
PPAB 155634M

12. Liens.
Notice is hereby given that Landlord shall not be liable for any labor or services
performed or rendered or materials supplied or furnished to the Premises at the instance of
Tenant, and no mechanics' or other liens with respect thereto shall attach to or affect the estate or
interest of Landlord or Tenant in and to this Lease or the Premises. Tenant shall not create or
permit to be created any lien, encumbrance or charge against this Lease or all of any portion of
the Premises. If any lien, encumbrance or charge is filed against this Lease or all or any part of
the Premises, Tenant shall cause the same to be discharged by payment or bonding within thirty
(30) days after the date filed. If Tenant fails to cause any such lien, encumbrance or charge to be
discharged within the permitted time, Landlord may cause it to be discharged and may make any
payment which Landlord, in Landlord's sole judgment, considers necessary, desirable or proper
in order to do so. If Landlord makes any such payment, all amounts paid by Landlord shall be
payable by Tenant to Landlord upon demand, with Interest,
If permitted by the laws of the State in which the Premises is located, prior to
commencement by Tenant of any work on the Premises, Tenant shall record or file a notice of
the commencement of such work (the "Notice of Commencement") in the land records of the
County in which the Premises are located, identifying Tenant as the party for whom such work is
being performed, stating such other matters as may be required by law and requiring the service
of copies of all notices, liens or claims of lien upon Landlord. Any such Notice of
Commencement shall clearly reflect that the interest of Tenant in the Premises is that of a
leasehold estate and shall also clearly reflect that the interest of Landlord as the fee simple owner
of the Premises shall not be subject to mechanics or materialrnen's liens on account of the work
which is the subject of such Notice of Commencement. A copy of any such Notice of
Commencement shall be furnished to and approved by Landlord and its attorneys prior to the
recording or filing thereof, as aforesaid.
13, Assignment and Subletting.
Tenant shall not assign, transfer or otherwise pledge, mortgage or encumber this Lease or
any interest therein, or sublet any or all of the Premises without Landlord's prior written consent,
which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, after the date hereof Shaw Industries Group, Inc. may sell, transfer or assign up to a
twenty-five percent (25%) membership interest in Tenant to DAK Americas LLC, without
Landlord's prior written consent, Except as provided in the two (2) preceding sentences, the
sale, transfer or issuance of the stock or membership interest of Tenant or a merger,
consolidation or other combination of Tenant with another entity which results in a change or
transfer of management or control of Tenant, shall be deemed an assignment of this Lease which
shall require Landlord's written consent. With respect to any assignment, sublet or transfer to
which Landlord has consented or with respect to which Landlord's consent is not required
(i) Tenant shall not be released from any obligations or liabilities under this Lease and shall
remain primarily liable for the performance of all of the obligations of Tenant under this Lease;
(ii) Landlord shall receive all sums and other consideration paid or payable to Tenant by such
assignee, transferee or subtenant in excess of Rent payable hereunder (however, in the case of
the sale of the equity interests of Tenant, Landlord, in its capacity as landlord, shall receive none
of the consideration paid therefor); and (iii) Tenant shall reimburse Landlord for all costs and
7
PPAB t556340v2

expenses incurred by Landlord in reviewing any such request. The acceptance of Rent by
Landlord shall not be deemed to be a consent by Landlord to any such assignment, sublet or
other transfer, nor shall the same be deemed a waiver of any right or remedy of Landlord under
this Lease, at law or in equity. Consent to one assignment or sublease by Landlord shall not be
deemed a consent to future assignments or subleases.
Without [imiting any of the foregoing provisions of this Section, if, pursuant to the U.S.
Bankruptcy Code, as the same may be amended from time to time, Tenant is permitted to assign
or otherwise transfer its rights and obligations under this Lease in disregard of the restrictions
contained in this Article, the assignee agrees to provide adequate assurance to Landlord (i) of the
continued use of the Premises solely in accordance with the Permitted Use thereof, and (ii) of the
operation of the business in the Premises in strict accordance with the, requirements of this Lease.
In addition, adequate assurance shall mean that any such assignee shall have a tangible net worth
(exclusive of good will) equal to the tangible net worth of Tenant (exclusive of good will) as of
the Lease Date. Such assignee shall expressly assume this Lease by an agreement in recordable
farm.
14. Insurance.
Throughout the Term, Tenant shall keep and maintain in full force and effect the
following types and amounts of insurance coverage:
(i) Commercial general liability and property damage broad form
insurance, which shall include coverage for personal liability,
contractual liability, Tenant's legal liability, bodily injury
(including death) and property damage, all on an occurrence basis,
with respect to the business carried on from the Premises and
Tenant's use and occupancy of the Premises in an amount not less
than $1,000,000 per occurrence, with an umbrella liability policy
of $10,000,000 in excess of said liability insurance.
(ii) Worker's compensation insurance, in a form prescribed by the
laws of North Carolina, and employers' liability insurance.
(iii) Builders' risk insurance prior to the commencement of and during
the construction of any permitted rehabilitation, replacement,
reconstruction, restoration, renovation or alteration to the Premises
(iv) Special extended coverage for property damage insurance policy
and endorsements covering the Premises and all alterations,
changes, additions and replacements of and to the Premises,
against loss or damage caused by: (w) fire, windstorm and other
hazards and perils generally included under extended coverage;
(x) sprinkler leakage; (y) vandalism and malicious mischief; and
(z) boiler and machinery, all in an amount which reasonably
assures there will be sufficient proceeds to repair and replace the
Premises in the event of a loss against which such insurance is
PPAB 155534M

Issued but in no event causing less than 100% of the full
replacement value thereof.
Throughout the Term Landlord shall maintain, at its sole expense commercial general
liability insurance, which shall include coverage for personal liability, contractual liability,
Landlord's legal liability, bodily injury (including death), all on an occurrence basis, with respect
to the business carried on from the Premises and Tenant's use and occupancy of the Premises in
an amount not less than $1,000,000 per occurrence, with an umbrella liability policy of
$10,000,000 in excess of said liability insurance. Tenant shall be an additional insured on such
policy. Landlord will deliver to Tenant certificates of insurance evidencing that coverage within
five (5) business days after provision of a written request by Tenant to Landlord, which request
may be delivered once per calendar year during the term of this Lease. The policy shall also be
issued by an insurance company authorized and licensed to do business in the State where the
Premises are located with a policy holders rating of no less than "A -VI" in the most current
edition of Best's Insurance Reports.
All such insurance policies required to be maintained by Tenant shall:
(i) Be for periods of not less than one year and Tenant shall renew the
same at least thirty (30) days prior to the expiration thereof.
(ii) At least thirty (30) days prior to the date any such insurance must
be in effect, deliver to Landlord a certificate or certificates thereof,
(iii) Provide that they shall not be canceled without thirty (30) days
prior written notice to Landlord and (Landlord's designees and
mortgagees (if any) (ten days for nonpayment of premium).
(iv) Provide that such insurance shall be primary and that any coverage
by Landlord shall be excess insurance.
(v) Name Landlord as an additional insured.
(vi) Be issued by insurance companies authorized and licensed to do
business in the State where the Premises are located, with a policy
holders rating of no less than "A -VI" in the most current edition of
Best's Insurance Reports;
(vii) contain a waiver of subrogation endorsement acceptable to
Landlord; and
(viii) contain deductibles, but in no event greater than Five Hundred
Thousand and no/100 Dollars ($500,000.00).
If Tenant shall fail to procure insurance required under this Section and fail to maintain
the same in full force and effect continuously during the Term, then Landlord shall be entitled to
procure the same and Tenant shall immediately reimburse Landlord for all costs and expenses of
obtaining such insurance.
9
PPAS 155634M

Nothing contained herein shall relieve Tenant of its obligations under this Section if the
destruction or damage is not covered, either in whole or in part, by insurance.
Notwithstanding anything in this Lease to the contrary, Landlord and Tenant each hereby
waive any and all rights of recovery, claims, actions or causes of action against the other, its
agents, officers, or employees, for any loss or damage that may occur to the Premises or a part
thereof, or any improvements thereto, or any personal property therein, by reason of fire, the
elements or any other cause to the extent such loss or damage is insured against under the terms
of the insurance policies referred to in this Section regardless of cause or origin, including the
negligence of the other party hereto or its agents, officers, representatives or employees, All
insurance policies carried with respect to this Section, if permitted under applicable law, shall
contain a provision whereby the insurer waives all rights of subrogation against Landlord and
Tenant.
15, Indemnification.
(a) Except as may be otherwise provided in Article 7 of the Asset
Contribution Agreement and Section 22 of this Lease, Tenant hereby protects, saves,
indemnifies, defends and holds Landlord and Landlord's parent entity, affiliate entities,
subsidiaries and all of their respective directors, officers, employees, agents, contractors,
successors, assigns, attorneys and representatives harmless from and against any and all suits,
actions, claims, costs, fees, sums, amounts, losses, causes of action, damages, liabilities and
expenses (including reasonable attorneys' fees, court costs and alternative dispute resolution
expenses) caused in whole or in part, or arising directly or indirectly out of (i) any occurrence in,
about, upon, at or from the Premises and/or the Tenant Easement Areas (as hereinafter defined in
Section 31(b) , including, without limitation, Tenant's use or occupancy of the Premises and/or
the Tenant Easement Areas; (ii) any negligent act, omission or misconduct of Tenant or Tenant's
agents, employees, customers, invitees or contractors; or (iii) any breach by Tenant of its
obligations under this Lease. The obligations in this Section shall survive the expiration or
earlier termination of this Lease.
Tenant shall promptly notify Landlord of any claim, action, proceeding or suit
instituted or threatened against Tenant or Landlord of which Tenant receives notice or of which
Tenant acquires knowledge. To the extent that Landlord is made a party to any action for
damages or other relief against which Tenant has indemnified Landlord, then Tenant shall defend
Landlord, pay all reasonable costs and shall provide effective counsel to Landlord in such
litigation or, at Landlord's option, shall pay all reasonable attorneys` fees and costs incurred by
Landlord in connection with its own defense or settlement of said litigation.
Tenant's indemnity obligations under this Section and elsewhere in this Lease
arising prior to the termination or assignment of this Lease shall survive any such termination or
assignment.
(b) Except as may be otherwise provided in Article 7 of the Asset
Contribution Agreement, Landlord hereby protects, saves, indemnifies, defends and holds Tenant
and Tenant's parent entity, affiliate entities, subsidiaries and all of their respective directors,
officers, employees, agents, contractors, successors, assigns, attorneys and representatives
10
PPAB 155634M

harmless from and against any and all suits, actions, claims, costs, fees, sums, amounts, losses,
causes of action, damages, liabilities and expenses (including reasonable attorneys' fees, court
costs and alternative dispute resolution expenses) caused in whole or in part, or arising directly
or indirectly out of (i) any occurrence in, about, upon, at or from the Landlord Easement Areas
(as defined in Section 31(a)), including, without limitation, Landlord's use or occupancy of the
Landlord Easement Areas; (ii) any negligent act, omission or misconduct of Landlord or
Landlord's agents, employees, customers, invitees or contractors; or (iii) any breach by Landlord
of its obligations under this Lease. The obligations in this Section shall survive the expiration or
earlier termination of this Lease.
Landlord shall promptly notify Tenant of any claim, action, proceeding or suit
instituted or threatened against Tenant or Landlord of which Landlord receives notice or of
which Landlord acquires knowledge. To the extent that Tenant is made a party to any action for
damages or other relief against which Landlord has indemnified Tenant, then Landlord shall
defend Tenant, pay all reasonable costs and shall provide effective counsel to Tenant in such
litigation or, at Tenant's option, shall pay all reasonable attorneys' fees and costs incurred by
Tenant in connection with its own defense or settlement of said litigation.
Landlord's indemnity obligations under this Section and elsewhere in this Lease
arising prior to the termination or assignment of this Lease shall survive any such termination or
assignment.
lb. Casualty.
In the event of damage to or destruction of all or any part of the Premises by fire or other.
casualty, Tenant shall give prompt written notice to Landlord. Tenant shall have the might to
negotiate and settle all claims for insurance proceeds in connection with any such casualty. In
such event, and except as provided below, after receipt of sufficient insurance proceeds, Tenant
shall have the right, but not the obligation to restore, repair and rebuild the Premises as nearly as
practical to the condition the Premises was in immediately prior to such casualty pursuant to the
terms hereof. All work shall be started as soon as commercially reasonable and completed, at
Tenant's sole cost and expense. Tenant shall, however, immediately take such action as is
necessary to assure that the Premises (or any portion thereof) does not constitute a nuisance or
otherwise presents a health or safety hazard.
All insurance proceeds in connection with any casualty shall be payable to Tenant.
Tenant shall, from time to time until said work shall have been completed and paid for, furnish
Landlord with adequate evidence that at all times the undisbursed portion of the insurance
proceeds, together with any funds made available by Tenant, is sufficient to pay for the repair,
reconstruction or restoration of the improvements in its entirety. Tenant shall obtain, and make
available to Landlord, receipted bills and, upon completion of said work, full and final waivers of
lien.
In no event shall Landlord be required to repair, replace or restore any damage or
destruction to the Premises resulting from any casualty which is not caused by Landlord.
('PAS 155634M

Notwithstanding anything to the contrary contained in this Lease, in the event the
Premises are damaged by fire or other casualty, Tenant shall have the right to terminate this
Lease upon written notice to Landlord if (i) Tenant determines in its reasonable judgment that it
would not be commercially practical to restore the Premises so as to permit Tenant to continue
its normal business operations on the Premises as conducted prior to such event and (ii) Tenant
delivers this written notice of termination to Landlord within ninety (90) days of the applicable
damage or destruction. Upon receipt by Landlord of the notice set forth in (ii) above, the Lease
shall automatically terminate except for those provisions of this Lease which by their terms
specifically survive termination of the Lease.
In the event of termination of this Lease, all insurance proceeds and related claims shall
immediately be paid, transferred and assigned to Tenant. Landlord shall immediately execute
and deliver all documentation requested by Tenant to effectuate the foregoing sentence.
17. Eminent Domain.
If the whole of the Premises shall be taken or condemned for any public or quasi -public
use or purpose, by right of eminent domain or by purchase in Iieu thereof, or if a substantial
portion of the Premises shall be so taken or condemned that the portion or portions remaining are
not commercially practicable, in the reasonable judgment of Tenant, for the continued operation
of the business contemplated by this Lease to be conducted thereon, therein or therefrom so as to
effectively render the Premises untenantable, then this Lease and the Term hereby granted shall
cease and terminate as of the date on which the condemning authority takes possession and all
Rent shall be paid by Tenant to Landlord up to that date or refunded by Landlord to Tenant if
Rent has previously been paid by Tenant beyond that date,
If a portion of the Premises is taken, and the portion or portions remaining can, in the
mutual reasonable judgment of Landlord and Tenant, be adapted and used for the conduct of
Tenant's business operation, such that the Premises are not effectively rendered untenantable,
then the Tenant shall promptly restore the remaining portion or portions thereof to a condition
comparable to their condition at the time of such taking or condemnation, less the portion or
portions lost by the taking, and this Lease shall continue in full force and effect except that the
Rent payable hereunder shall, if necessary, be equitably adjusted to take into account the portion
or portions of the Premises lost by the taking.
Tenant shall be ontitled to negotiate and settle any condemnation award to the extent
relating to the Premises. In the event the condemnation affects any Landlord Easement Areas or
Tenant Easement Areas, to the extent practicable, substitute easement areas shall be provided to
provide the party losing the benefit of such condemned easement areas with comparable
easement rights.
The award for the Premises or the portion so taken shall be apportioned between
Landlord and Tenant as follows: (i) if this Lease has been terminated, Landlord shall be entitled
to the entire award (provided, however, in the event Tenant exercises its option in Section 30, the
entire award shall be paid to Tenant upon the consummation of the purchase of the Premises);
and (ii) if this Lease has not been terminated, Tenant shall be entitled to the award to the extent
required for restoration of the Premises, and Landlord shall be entitled to the balance of the
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PPAS 155634M

award not applied to restoration. If this Lease has not been terminated, Tenant shall have the
right, but not the obligation to restore the remaining portion or portions of the Premises in the
manner hereinabove provided. In such event, the proceeds of the award to be applied to
restoration shall be deposited with a bank or financial institution designated by Landlord as if
such award were insurance proceeds, and the amount so deposited will be treated in the same
manner as insurance proceeds are treated under Section 16 until the restoration has been
completed. If the award is insufficient to pay for the restoration, Tenant shall be responsible for
the remaining cost and expense of such restoration.
If Landlord and Tenant cannot agree in respect of any matters to be determined under this
Section, a determination shall be requested of the court having jurisdiction over the taking or
condemnation; provided, however, that if said court will not accept such matters for
determination, either party may have the matters determined by a court otherwise having
jurisdiction over the parties.
18. Surrender.
Upon the expiration or earlier termination of this Lease, Tenant shall immediately (i) quit
and surrender the Premises to Landlord; (ii) remove from the Premises all of Tenant's property,
trade fixtures and equipment and repair any damage caused by such removal; (iii) clean the
Premises and restore them to their original or better condition, ordinary wear and tear, casualty
and condemnation excepted; (iv) execute any requested bills of sales for the alterations or
improvements permitted to remain in the Premises free of any and all liens and encumbrances;
and (v) perform all other obligations required of Tenant under the terms of this Lease.
If Tenant fails to remove the personal property, trade fixtures, and personal equipment
("Personal Propert ") in the Premises upon the expiration or earlier termination of this Lease,
then all such Personal Property located in the Premises shall conclusively be deemed abandoned
and Landlord may remove and/or store any such Personal Property at Tenant's expense without
liability to Tenant for any loss or damage thereto, If Tenant does not claim and take delivery of
any of Tenant's Personal Property that remains in the Premises or in storage within sixty (60)
days after the expiration or earlier termination of this Lease, including paying Landlord all
amounts due under this Lease, including, without limitation, all costs of removal and storage of
such Personal Property Landlord may sell all or any portion of such Personal Property at a public
or private sale after having given Tenant sixty (60) days prior written notice. Landlord may
apply the proceeds of such sale to the costs of removal, storage and sale of the Personal Property
and then to all amounts due Landlord under this Lease. Any amount remaining shall be paid to
Tenant upon Tenant's written demand, without interest.
19, Holding Over.
If Tenant holds over and remains in possession of the Premises beyond the expiration or
earlier termination of this Lease, such holding over shall not be deemed or construed to be a
renewal of this Lease, but shall constitute the creation of a month -to -month tenancy which may
be terminated by either Landlord or Tenant upon thirty (30) days prior written notice to the other
party. By such holding over, Tenant shall be deemed to have agreed to be bound by the terms
and conditions of this Lease, except that during such month -to -month tenancy, Tenant shall pay a
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PPAD 155634M

monthly rental rate equal to two hundred percent (200%) of the Rent for the immediately
preceding month. Tenant indemnifies and holds harmless Landlord for any costs and expenses
incurred by Landlord as a result of any holdover by Tenant, including, without limitation, any
costs or expenses incurred in connection with any successor tenant of the Premises.
20. Default.
(a) The following events or occurrences shall constitute events of default by Tenant
under this Lease (each, an "Event of Default"):
(i) Tenant's failure to pay any installment of Base Rent or other sum
due hereunder when due and such failure continues for thirty (30)
days after written notice of such failure by Landlord to Tenant;
(ii) Tenant's failure to perform any covenant or condition of this Lease
(except as set forth in Subsections (i), (iii), or (iv)) if such failure is
not cured within thirty (30) days of Landlord's written notice of
such default; provided, however, that with respect to defaults
which are not set forth in Subsections (i), (iii), or (iv) and which
cannot be reasonably cured in thirty (30) days, such thirty (30) day
period shall be extended so long as Tenant commences its cure
within this initial thirty (30) day period and diligently prosecutes
its cure and completes its cure within one hundred eighty (180)
days of Landlord's written notice of such default;
(iii) Tenant's general assignment of all or substantially all of its assets
for the benefit of creditors;
(iv) Tenant's filing a petition for relief of any kind under the provisions
of any federal or state bankruptcy or insolvency laws or an
involuntary petition under any of such laws is filed against Tenant,
or a receiver or trustee is appointed for all or substantially all of
Tenant's assets-,
(v) default, beyond applicable notice and cure periods, if any, by
Tenant under the Facilities Service Agreement; or
(vi) the dissolution or liquidation Tenant or other failure by Tenant to
maintain lawful existence as a legal entity in the state of its
organization. .
Upon any Event of Default, in addition to any other rights and remedies under this Lease,
at law or in equity, and with or without terminating this Lease, Landlord and its agents and
representatives may exercise any or all of the following rights and remedies (i) bring suit for the
collection of any amounts for which Tenant may be in default or for the performance of any
covenant or agreement required to be performed by Tenant hereunder; (ii) terminate Tenant's
right to possession of the Premises, in which case Tenant shall pay Landlord upon demand for all
damages suffered by Landlord as a result of such default, including, without limitation, all past
14
PPAB 155634M

due Rent; and/or (iii) cure any such breach or default on behalf of Tenant, in which case Tenant
shall pay Landlord upon demand for all the damages suffered by Landlord and for all the costs
and expenses incurred by Landlord in curing such default but in no event shall such damages
include punitive or consequential damages.
Notwithstanding anything to the contrary contained in this Lease, in the event of an
emergency, Landlord shall have the immediate right to cure any such breach or default by Tenant
prior to the expiration of the applicable notice and cure period if reasonably necessary to protect
the Premises, to prevent injury or damage to persons or property or in the event of any other
emergency, and Tenant shall pay to Landlord all amounts expended by Landlord to cure such
default within ten. (10) days of written notice to Tenant of such amount. In the event Landlord
shall terminate this Lease or terminate Tenant's right to possession of the Premises, Landlord
shall have the right to relet the Premises to such persons and upon such terms as Landlord shall
determine in its sole discretion. If Landlord elects to terminate Tenant's right to possession only,
without terminating this Lease, Landlord may, at Landlord's option, enter into the Premises,
remove therefrom any and all persons, property, signs and other evidences of tenancy, and take
and hold possession of the Premises without such entry and possession terminating this Lease or
releasing Tenant, in whole or in part, from Tenant's obligation to pay the Rent hereunder for the
full Term.
Upon and after entry into possession of the Premises without termination of this Lease,
Landlord may relet the Premises or any part thereof for the account of Tenant to any person, firm
or corporation other than Tenant for such rent, for such time, and upon such terms and Landlord
in Landlord's sole discretion shall determine so long as said terms are commercially reasonable.
In any such case, Landlord may make repairs in or to the Premises, and Tenant shall, upon
demand, pay the cost thereof together with all other expenses of Landlord's reletting of the
Premises.
Tenant agrees that Landlord shall have no liability whatsoever for any damages resulting
to Tenant (or any other persons within the Premises) or to Tenant's property (or any other
property within the Premises) caused, directly or indirectly, in whole or in part, by any actions by
or on behalf of Landlord in the course of retaking possession of or of reletting the Premises,
whether caused by the negligence of Landlord or otherwise, Tenant shall also pay to Landlord
all damages suffered by Landlord and all costs and expenses incurred by Landlord as a result of
any default by Tenant hereunder, including, without limitation, all reasonable attorneys' fees,
court costs and alternative dispute resolution expenses incurred by Landlord as a result of any
default by Tenant hereunder. All amounts due from Tenant to Landlord hereunder shall bear
Interest until paid in full.
(b) In the event Landlord defaults under its obligations set forth in this Lease, then,
except as otherwise hereinafter provided in this Section 20(j? , Tenant shall provide Landlord
written notice thereof, and Landlord shall have thirty (30) days to cure such default; provided,
however, such thirty (30) day period shall be extended so long as Landlord commences its cure
within this thirty (30) day period and diligently prosecutes its cure and completes its cure within
one hundred eighty (I80) days of Tenant's written notice of default. Tenant shall have all rights
and remedies at law or equity upon the occurrence of any Landlord default, after expiration of
any applicable cure period without cure as herein provided. Notwithstanding the foregoing, in
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PPAB 155634M

the event Landlord's default results in a material disruption to, or interference with, Tenant's
business operations on the Premises or creates an imminent danger to persons or property,
Tenant may immediately commence self-help rights to cure such Landlord default (without the
notice and cure rights hereinbefore set forth, but reasonable notice of such self-help shall bo
provided to Landlord, orally or in vrriting). Any reasonable amounts expended by Tenant in the
exercise of such self-help rights shall be reimbursed by Landlord to Tenant upon demand, with
Interest accruing thereon from the date of such demand.
21. Transfer of Premises; No Lien on Fee.
In the event Landlord sells or transfers the Premises, or in the event the Premises is
acquired by any person or entity through a foreclosure sale or by the exercise of any right or
remedy pursuant to the terms of any Mortgage, then (i) Tenant agrees to attorn to such purchaser
or transferee as Tenant's landlord under this Lease; (ii) Tenant agrees to continue to perform atl
of Tenant's obligations under this Lease for such purchaser or transferee; and (iii) Tenant shall
look solely to such purchaser or transferee as the landlord under this Lease, and Landlord shall
be released from all of its liabilities and obligations accruing hereunder from and after the elate of
such sale or transfer, and Tenant's remedies for any subsequent breach of this Lease shall be
solely against such purchaser or transferee.
Landlord represents and warrants to Tenant that as of the date hereof that the Premises is
not subject to the lien of any mortgage, deed of trust or similar collateral document by any
person or party claiming through Landlord.
22. Hazardous Materials,
(a) Throughout the Term, Tenant and its employees, agents, invitees,
Iicensees or contractors shall not cause, permit or allow any substances (whether solid, liquid or
gaseous) which (from use, handling, processing, storage, emission, disposal, spill, Release or any
other activity or for any other reason) are regulated by, form the basis of liability under, or are
defined as a contaminant, pollutant, dangerous, designated or controlled substance product, solid
or hazardous waste, hazardous material, hazardous substance, hazardous constituent, or toxic
substance or which are otherwise classified as "hazardous" or "toxic" in any Environmental
Laws (defined below) including, but not limited to, gasoline or any other petroleum product or
byproduct or fractions thereof, natural gas, asbestos, polychlorinated biphenyls, radon or other
radioactive substances, infectious, carcinogenic, mutagenic or etiologic agents, pesticides,
defoliants, explosives, flammabies, corrosives, urea, formaldehyde, alcohols, chemical solvents,
mold, lead -based paint, polybrominated diphenyl ether, or any other material or substance which
constitutes a health or safety hazard to any person or to the Environment (as that term is defined
in the Asset Contribution Agreement) (collectively, the "Hazardous Materials"), to be handled,
placed, stored, dumped, dispensed, released, discharged, deposited, manufactured, generated,
treated, processed, used, transported or located on, in, under or about the Premises in violation of
Environmental Laws. For purposes of this Section, "Environmental Laws" shall mean any law,
rn govemental order or Permit relating to health or safety or protection of human health or the
Environment (including underground or above -ground storage tanks), including those relating to
emissions, discharges, spills, releases or threatened releases into or impacting the Environment,
or otherwise relating to the manufacture, processing, distribution, use, treatment, recycling,
16
PPAB 1555340v2

storage, disposal, transport, sale, offer for sale, distribution or handling of Hazardous Materials,
including but not limited to the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. § 9601 et seq., as amended ("CERCLA'); the Emergency Planning and
Community Right -to -Know Act, 42 U.S.C. § 11001 et seq., as amended; the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended; the Occupational Safety
and Health Act, 29 U.S.C. § 651 et seq., as amended; the Clean Air Act, 42 U.S.C. § 7401 et
seq., as amended; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as
amended; the Superfund Amendments and Reauthorization Act of 1986; the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq., as amended; the Safe Drinking Water Act, 42 U.S.C. §
300f et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et. seq.; and the state
and local laws implementing such acts, and all analogous laws, governmental orders and Permits.
(b) Tenant shall provide a list to Landlord by January 1 of each year that lists
Hazardous Materials which are stored at the Premises in quantities greater than 250 gallons in
the preceding calendar year or whose use in Tenant's manufacturing process at the Premises
exceeded 250 gallons per month during any of the preceding twelve (12) calendar months.
(c) Upon the expiration or earlier termination of this Lease, Tenant, at
Tenant's expense, shall remove or remediate all Hazardous Materials which were placed, stored,
dumped, disposed, released, discharged and deposited by Tenant on' the Premises and/or which
have migrated from the Premises to the extent a Governmental Authority has required that
Tenant remove or remediate such Hazardous Materials because such Hazardous Materials are in
violation of Environmental Laws. Upon the expiration or earlier termination of this Lease,
Tenant, at Tenant's expense, shall remove all containers of Hazardous Materials from the
Premises which Tenant used in its manufacturing process and shall drain, empty or otherwise
remove Hazardous Materials from all equipment at the Premises in compliance with applicable
Environmental Law,
(d) Tenant shall give Landlord written notice within a reasonable time of any
actual .or threatened spill, discharge, Release (as that term is defined in the Asset Contribution
Agreement) or discovery of any Hazardous Materials on, at or about the Premises, unless such
discharge or Release is authorized by Permit or is in conformance with Environmental Laws, or
claim related thereto. If such actual or threatened spill, discharge or Release was caused, in
whole or in part, by Tenant or its employees, agents, contractors, invitees or licensees, such
notice shall include a description of measures proposed to be taken by Tenant to contain and/or
remediate the Release of such Hazardous Materials and any resultant damage to or impact on the
Premises or any other property onto which such Hazardous Materials have migrated, persons
and/or the Environment to the extent that any response, remediation (including, but not limited
to, engineering or institutional controls), removal or other action is (1) required by any
Governmental Authority pursuant to any Environmental Law; or (2) necessary to address an
imminent threat or hazard to human health or the Environment (a "Response Action"), If a
Response Action 1s necessary or required, upon Landlord's approval and at Tenant's own
expense, Tenant shall promptly take all steps required to clean up and remediate any such
Release of Hazardous Materials in compliance with all Environmental Laws and shall also report
and/or coordinate with Landlord and all appropriate governmental agencies.
17
PPA$ 155634M

(e) Tenant shall indemnify and hold Landlord and Landlord's parent entity,
affiliate entities, subsidiaries and all of their respective directors, officers, employees, agents,
contractors, successors, assigns, attorneys and representatives harmless from and against any
liability, claim (including claims made by third parties), damage, tax, expense (including
reasonable legal fees and expenses), or dimunition of value suffered or incurred by it to the
extent caused by any of the following:
(i) any Response Action taken by Landlord or any claim(s),
dernand(s), charge(s), petition(s) or other proceeding(s) by any
person (other than Landlord any of their respective affiliates)
regarding: (A) the presence or suspected presence of any
Hazardous Materials in, on, under or around the Premises at levels
that violate applicable Environmental Law that occurred or begun
to occur on or after the Lease Date, (B) the actual or alleged
violation of any Environmental Law by Tenant, (C) any presence,
Release or threatened Release of Hazardous Materials generated by
Tenant, which Hazardous Materials were transported or disposed
of, or arranged to be transported or disposed of at of from any
location whatsoever, or (D) any other matter (x) arising tinder any
Environmental Law, (y) related to or arising out of events, acts or
conditions on or after the Lease Date, and (z) related to or arising
out of the operations of Tenant on the Premises after the Lease
Date, regardless of whether, by operation of law or otherwise,
Landlord is or may also be liable for any of the foregoing matters;
(ii) a Release or threatened Release of Hazardous Materials at the
Premises to the extent caused by Tenant's activities or the
activities of Tenant's licensees, agents, representatives, invitees,
contractors and/or subcontractors on the Easements (for purposes
of clarity, in no event shall Tenant be responsible for the Release
of Hazardous Materials at the Premises caused by the activities of
any other person on the Easements, as that term is defined in the
Asset Contribution Agreement);
(iii) a Release of Hazardous Materials in violation of Environmental
Law, to the extent the violation is caused by the use by Tenant or
any licensee, agent, representative, invitee, contractor or
subcontractor of Tenant of (i) any utilities on the Premises, (ii) the
wastewater treatment processing facility owned by Landlord, or
(iii) the stormwater conveyance system on the Premises (for
purposes of clarity, in no event shall Tenant be responsible for any
Release of Hazardous Materials arising from or related to any other
person's use (including Landlord's use) of any utilities, wastewater
treatment processing facility or stormwater conveyance system
located at, on or around the Premises).
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PPAB 1556340Y2

(f) Landlord has submitted to the North Carolina Department of Environment
and Natural Resources ("DENR") a Brownfields Letter of Intent, pursuant to N.C. Gen. Stat.
§ 130A-310.30 et sea., by which Landlord is seeking eligibility as a "prospective developer"
("PD") under the N.C. Brownfields Program ("Prapram") with respect to the Existing
Environmental Conditions, as that term is defined in the Asset Contribution Agreement, and
other conditions, if any, that may be covered by the Program. Landlord received notification by
letter dated December I7, 2003 that Landlord is an eligible PD under the Program.
Landlord will pursue the completion of the North Carolina Brownfields Program
process, including negotiations with DENR concerning additional site assessments or
investigations (if any); the language of a final Brownfields Agreement, as that term is defined in
North Carolina General Statute § 130A-310.3I(b)(2); the nature of any land use restrictions; and
the language of a final Notice of Brownfields Property (collectively the "Brownfields Process").
Landlord shall keep Tenant informed of material discussions with DENR
concerning the Brownfields Process, and shall provide Tenant with copies of all draft and final
copies of any DENR reports, assessments, or investigations and Landlord shall also provide
Tenant copies of the draft Brownfields Agreement and Notice of Brownfields Property (prior to
their submittal to DENR) for Tenant's review and comment.
Tenant agrees to cooperate with Landlord in the Brownfields Process, and to
provide Landlord and its employees and agents such access to the Premises as may reasonably be
required (at reasonable times and on reasonable notice) to conduct Landlord's activities under
this Section.
Tenant hereby consents to the imposition of any and all land use restrictions in the
Brownfields Agreement and Notice of Brownfields Property, provided that they do not
unreasonably interfere with the use of the Premises for industrial purposes.
Tenant acknowledges that the Brownfields Process will continue after the Lease
Date and that the Brownfields Agreement will not be executed until after the Lease Date.
Landlord may, at any time, withdraw its Letter of Intent and terminate its
participation in the Program if Landlord determines, in its sole discretion, that the Brownfields
Process will require Landlord to incur extraordinary expenses or obligations. If Landlord
withdraws its Letter of Intent, (i) Landlord shall have no further obligations under this Section or
otherwise with respect to the Program or the Brownfields Process; and (ii) Tenant may, at its sole
option, prepare and submit to DENR a Letter of Intent seeking eligibility as a PD under the
Program and may take all actions reasonably required to establish its eligibility as a PD and
obtain a Brownfields Agreement. If Tenant elects to pursue eligibility as a PD under the
Program and secure a Brownfields Agreement for the Premises, Tenant shall do so at its sole cost
and expense.
Within a reasonable time following the execution and recording of the
Brownfields Agreement and related documents (including the Notice of Brownfields Property)
("Brownfields Documents"), Landlord shall provide a copy of the Brownfields Documents to
Tenant.
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PPAB 155634M

Tenant shall, at its sole cost, strictly comply with and perform all obligations and
requirements in the BrownfieIds Agreement which are or could reasonably be deemed to be
applicable to a lessee of the Premises.
Provided that Landlord has not chosen to withdraw its fetter of Intent and
terminate its participation in the Program in accordance with this Section, in the event that
Tenant elects to purchase and becomes the owner of the Premises prior to Landlord's completion
of the Brownfields Process, Tenant shall execute the Notice of Brownfields Property as the
owner of the Premises and record such documents (including any related land -use restrictions) in
the Registry of Deeds or other appropriate land records as required by the Brownfields Program.
Provided that Landlord has not chosen to withdraw its Letter of Intent and
terminate its participation in the Program in accordance with this Section and has executed a
Brownfields Agreement with DENR, in the event that Tenant elects to purchase and becomes the
owner of the Premises at any time, Tenant shall immediately execute and deliver an assignment
and assumption agreement with respect to the Brownfields Agreement substantially in the form
attached to this Agreement as Exhibit C ("Assignment of Brownfields Agreement"), or a
similar document incorporating revisions reasonably requested by Landlord or DENR. Tenant
shall also cooperate with Landlord in obtaining, and shall take all steps reasonably required by
DENR to obtain, DENR's consent to the Assignment, including the execution of the affidavit
attached to the Assignment of the Brownf ells Agreement. Landlord and Tenant agree that the
Assignment shall continue in effect and remain valid as between them, and with respect to third
parties, in the event that DENR decides not to consent to or enter into the Assignment of
Brownfields Agreement.
(g) The obligations of Landlord and Tenant under this Section shall survive
the termination of this Lease.
23, Limitation of Liability.
Any judgment obtained by Tenant against Landlord with respect to this Lease shall be
satisfied only against the interest of Landlord in the Premises. Landlord's interest in the
Premises shall include, without limitation, Rents, and Landlord's interest in insurance proceeds
or condemnation awards from the Premises. Landlord shall not be liable for any deficiency, and
Tenant shall have no right to levy execution of such judgment against any property of Landlord
other than its interest in the Premises, and in no event shall any officer, director, member,
manager, agent or representative of Landlord have any personal liability with respect to this
Lease. Notwithstanding anything in this Section 23 to the contrary, Landlord's liabilities and
obligations under the Asset Contribution Agreement, the Facilities Services Agreement and the
other Related Agreements (as defined in the Asset Contribution Agreement), and Tenant's rights
and remedies in connection therewith, shall not be altered, diminished or otherwise affected by
the terms of this Section 23.
24. Entry.
Landlord and its agents, representatives, employees and mortgagees may enter the
Premises at all reasonable times (except in the event of an emergency when such entry may be
20
PPAB 155634M

made at any time) for the purpose of inspecting the Premises, performing alterations, additions,
improvements and repairs to the Premises or Adjacent Property, exhibiting the Premises to
prospective buyers, mortgagees or tenants (but as to tenants only during the last twelve months
of the Term) or for any other reasonable purpose. Any such entry by Landlord shall not
unreasonably interfere with Tenant's business. Landlord shall also have the right to take all
materials and supplies into the Premises that may be required for the purpose of performing the
foregoing alterations, additions, improvements and repairs without the same constituting a
constructive eviction of Tenant, in whole or in part, and Rent shall not abate while said
alterations, additions, improvements and repairs are being performed.
25. Si na e.
Tenant may, at its sole cost, install an identification sign for the Premises provided any
such signage shall comply with all applicable laws, ordinances, and regulations.
26. Estoppel.
Either party hereto shall, from time to time, upon thirty (30) days prior notice, deliver to
the other party or its designee or mortgagee, a written statement certifying the following; (a) this
Lease is unmodified and is in full force and effect (or specifying any modifications); (b) the
amount of Rent then payable under this Lease and the date to which Rent has been paid; (c) there
are no defaults under this Lease by Landlord or Tenant, or a detailed description of such default;
(d) Tenant is in possession of the Premises; and (e) any other information reasonably requested.
If a party fails to execute any such document within thirty (30) days of request, then such party
shall be deemed to have approved such submitted estoppel certificate and all the information set
forth therein.
27. THIS SECTION INTENTIONALLY DELETED.
28. Notices.
All notices, demands, requests and communications given pursuant to the terms of this
Lease shall be in writing and given by: (a) registered or certified U.S. mail, postage prepaid,
return receipt requested; (b) hand delivery; or (c) national overnight delivery service, and in all
cases sent to the addresses in the Key Provisions Summary. All such notices, demands, requests
and communications shall be deemed given upon the earlier of (i) actual receipt; (ii) three (3)
business days after deposit with the U.S. Mail; or (iii) one (1) business day after deposit with
national overnight delivery service (as applicable), Either party may designate a differert
address by written notice given to the other in accordance with this Section.
29. Net Lease.
Landlord and Tenant acknowledge and agree that both parties intend that this Lease shall
be and constitute what is generally referred to as a "triple net" or "absolute net" lease, such that
Tenant shall be obligated hereunder to pay all costs and expenses incurred with respect to, and
associated with, the Premises and the business operated thereon and therein, including, without
limitation, all taxes and assessments, utility charges, insurance costs, maintenance costs and
repair and restoration expenses (all as more particularly herein provided) together with any and
21
PPAB ! 55634M

all other assessments, charges, costs and expenses of any kind or nature whatsoever related to, or
associated with, the Premises and the business operated thereon and therein; provided, however,
that Landlord shall nonetheless be obligated to pay any debt service on any mortgage
encumbering Landlord's fee simple interest in the Premises, and Landlord's personal income
taxes with respect to the rents received by Landlord under this Lease. Except as expressly
provided in this Lease, Landlord shall bear no cost or expense of any type or nature with respect
to, or associated with, the Premises.
30. Option to Purchase Premises,
Tenant shall the right to purchase the entire Premises by delivering to Landlord written
notice of Tenant's exercise of this right not less than sixty (60) days prior to the proposed date of
acquisition. This written notice, once given, is irrevocable, At closing, Landlord shall convey to
Tenant title to the Premises by special warranty deed subject to all matters of record as of the
date of Landlord's receipt of Tenant's notice of exercise of option, the documents contemplated
in Section 22 and all other matters which would have been revealed by a physical survey of the
Premises as of the date of closing. At closing, Landlord and Tenant shall also execute and
deliver such documents as may be necessary to cause the rights and easements and usage rights
of duration set forth in Section 31 to burden the Premises and the Adjacent Property, as
applicable, for the benefit of the Adjacent Property and the Premises, as applicable.
31. Grant of Easements.
(a) Premises Easements. Subject to the terms and provisions of this Section
31 (a), Landlord hereby conveys, creates and grants to itself and reserves unto itself the following
easements (collectively, "Premises Easements") over and across the Premises as set forth
below:
(i) Access Easement. A perpetual, non-exclusive usage right and
easement ("Access Easement") appurtenant to the Adjacent
Property for ingress and egress both physically and with utilities in
a commercially reasonable manner designed to minimize or avoid
damage, interference or disruption to Tenant's use of Premises
(including without limitation the right to use the guardhouse and
related improvements ("Guardhouse") currently located in the
Access Easement Area, in the area designated as the "Parking Lot
and Driveway Easement" on the attached Exhibit D-1, which is
incorporated by this reference ("Access Easement Area"),
(ii) Parking Easement. A perpetual, non-exclusive usage right and
easement ("Parking Easement") appurtenant to the Adjacent
Property for fifteen (15) parking spaces (standard size for
automobiles) for the parking of motor vehicles, trailers and other
rolling stock within that portion of the Access Easement Area
designated as the "Parking Lot Easement" on Exhibit DA The
fifteen (15) parking spaces may be unreserved or specially
designated spaces, at Tenant's option, anywhere within the Parking
22
PPAS 1556340v2

Lot Easement, but Tenant shall not be required to maintain the
entire Parking Lot Easement for parking purposes. Tenant shall
have the right to restripe, reconfigure the parking spaces within the
Parking Lot Easement or alter the drive aisles within the Parking
Lot Easement, provided that fifteen (1 S) spaces shall at all times be
available for Landlord's use. Overnight or Song -term parking is
included within Landlord's rights herein granted;
(iii) Storm Water and Fire Water. A perpetual, non-exclusive usage
right and easement (collectively, "Storm Water and Fire Water
Usage Rights") in and to those areas which are located on the
Premises designated as "Storm Water Main Easement Area",
"Outfall" and "Fire Water Ring Main Easement" (collectively,
"Water Main Easement Areas") on Exhibit D-2 and Exhibit D-3,
respectively, for the installation, operation, maintenance,
replacement and repair of such utility lines as may be useful in the
judgment of Landlord with respect to the operation of the Adjacent
Property;
(iv) Temporary Space Usage. Commencing on the date hereof and
expiring on the Fifth (51h) anniversary of the Lease Date, an
exclusive right to use ("Office Usage Right") the office space
"Temporary Space Usage Area" designated as "Temporary
Office Space" on Exhibit D-4 together with the right to access,
ingress and egress across the Premises to and from the Office
Space together with the right to use such utilities, common areas
and other improvements as may be available at or with respect to
the Property designated as "Existing Warehouse" on Exhibit D-4;
and
(v) Rail Usage. A perpetual, non-exclusive easement and right of
Landlord, its agents and contractors (including without limitation
contracted common carriers) to use the portion of the Premises
("Landlord Railroad Easement Area" and, collectively with the
Access Easement Area, the Water Main Easement Areas and the
Temporary Space Usage Area, "Landlord Easement Areas")
designated as "Rail Easement No. V and "Right -of -Way
Easement Agreement Between Monsanto North Carolina, Inc.
and Seaboard Coast Line Railroad Co. DB 2756, PG 227; DB
2272, PG 97" -on Exhibit D-4 for access, ingress, egress and all
other purposes related to the provision of railroad access to and
from the Adjacent Property.
All of the easements and usage rights granted or conveyed to Landlord, or
reserved by Landlord, shall be, deemed to be appurtenant to the Adjacent Property, shall run with
title to the Adjacent Property and may be used by all current and future owners and occupants of
the Adjacent Property or any portion thereof.
23
PPAS f 556340Y2

(b) Adjacent Property Usage Rights, Subject to the terms and provisions of
this Section 31(b), Landlord hereby grants Tenant the following usage rights with respect to the
portions of Adjacent Property described below, all of which rights shall terminate at the
expiration of the Term or the earlier termination of this Lease, except as otherwise provided in
Section 30,
(i) Pine Bridge Easement. A perpetual, exclusive easement over that
certain area ("Pipe Bride Easement Area") designated as "la'
WIde Pipe Bridge Easement" on Exhibit D-1 for the construction,
operation, maintenance, repair and replacement of a steel pipe
bridge structure designed and used solely for the elevated crossing
of railroad tracks by utility lines, which pipe bridge structure
Tenant covenants shall at all times comply in all respects with
applicable law and all requirements of the applicable railroad;
(ii) Tenant Rail Usage. A perpetual, non-exclusive easement and right
of Tenant, its agents and contractors (including without limitation
contracted common carriers) to use the portion of the Adjacent
Property ("Tenant Rail Easement Area's designated as "16'
Wide Track Access Easement" on Exhibit D-1 for access,
ingress, egress and all other purposes related to the provision of
railroad access to and from the Premises; and
(iii) Storm Water Drainage Easement. A perpetual, non-exclusive
easement and right of Tenant to discharge and drain storm water
from the Premises on, over, across and through that portion of the
Adjacent Property located south of the Premises, and any storm
water drainage facilities located thereon (the "Storm Water
Drainage Facilities", and, collectively with the Pipe Bridge
Easement Area and Tenant Rail Easement Area, the "Tenant
Easement Areas"); provided, however, that Tenant's discharge of
stormwater on, over, across and through the Storm Water Drainage
Facilities shall be in material compliance with the applicable
requirements set forth in Seller's Stormwater Permit, as that term
is defined in the Facilities Services Agreement, including any
amendments or modifications thereto.
(c) Tenant shall, at its sole expense, maintain in good working condition all
Landlord Easement Areas, except the Guardhouse, the Temporary Space Usage Area, the
Landlord Railroad Easement Area, and the Fire Water Ring Main underground pipes including
without limitation the first isolation valve into each riser and related improvements, shall be
maintained by Landlord, in good working condition at Landlord's sole expense. Landlord shall,
at its sole expense, also maintain in good working condition the Tenant Rail Easement Area, the
Fire Water Ring Main's underground pipes (including without Iimitation the first isolation valve
into each riser), the Storm Water Drainage Facilities and related improvements. Tenant shall
maintain, at its sole expense, in good working condition the Pipe Bridge Easement Area.
Notwithstanding the foregoing, each party shall be responsible for any damage such party or its
24
PPAB 1556340v2

employees, customers, invitees, guests, agents or representatives cause to the Landlord Easement
Areas or the Tenant Easement Areas.
In the event that either Tenant or Landlord shall fail to perform their respective
maintenance obligations under this Section 31(c) and such failure shall continue for a period of
thirty (30) days after the giving of written notice to the defaulting party specifying the default,
the non -defaulting party may, (but shall not be obligated to) perform the required maintenance
activities. Notwithstanding the foregoing, no advance notice and cure period is required in the
event such failure causes a material adverse disruption to, or interference with, the business
operations of a party or creates an imminent danger to persons or property, however, notice of
performance of the required maintenance activities shall be provided by the non -defaulting party
to the defaulting party as soon as reasonably practicable. If a non -defaulting party performs
maintenance obligations pursuant to this Section 31(c), the defaulting party shall reimburse the
non -defaulting party for all costs incurred by the non -defaulting party in connection with the
performance of such required maintenance obligations within ten (10) days of demand by the
non -defaulting party therefor.
(d) Rights to Install and Maintain_ Improvements,. All of the easements and
usage rights granted pursuant to this Section 31 shall include the right of the owner of the
dominant estate to enter unto the applicable Landlord Easement Area or Tenant Easement Area
for the purpose of installation, repair, replacement, construction and, if the party obligated to
maintain such improvements under Section 31(c) has failed to do so in accordance with Section
31(c), maintenance of such improvements as may be reasonably necessary to allow the
enjoyment of the applicable easement or usage right by the owner of the dominant estate so long
as such activities and/or improvements do not unreasonably interfere with the usage of the
servient estate by the owner/occupant of the servient estate.
32. Miscellaneous.
(a) Accord and Satisfaction. No payment by Tenant or receipt by Landlord of
a lesser amount than any installment or payment of Rent due shall be deemed to be other than on
account of the amount due, and no endorsement or statement on any check or payment of Rent
shall be deemed an accord and satisfaction,
(b) Attorney's Fees. If any action is taken to enforce any provision of this
Lease, the prevailing party shall be entitled to recover from the other party its reasonable
attorneys' fees and all costs incurred in such enforcement.
(c) Authority. Each of the persons executing this Lease on behalf of Tenant
does hereby covenant and warrant that Tenant is a duly authorized and existing corporation,
limited liability company or partnership, as the case may be, that Tenant has and is qualified to
do business in the State where the Premises are located, that Tenant has full right and authority to
enter into this Lease and that each and all of the persons signing on behalf of Tenant are
authorized to do so, Upon Landlord's request, Tenant shall provide Landlord with evidence
reasonably satisfactory to Landlord supporting the foregoing representations,
25
PPA13 155634M

(d) Brokers. Landlord and Tenant each represent and warrant to the other that
they have not dealt with any real estate agent or broker in connection with this transaction, other
than the Broker. Landlord and Tenant each hereby indemnify and save the other harmless from
and against all loss, cost and expense incurred by reason of a breach of such representation or
warranty.
(e) Counterparts. This Lease may be executed in two (2) or more
counterparts with all being deemed collectively as one (1) lease.
(0 Cumulative Remedies. All rights and remedies of any party hereto created
under this Lease or rights and remedies otherwise existing at law or in equity are cumulative, and
the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to
the exercise of any other.
(g) Easements, Agreements or Encumbrances. The parties hereto shall be
bound by all existing easements, agreements, and encumbrances of record filed in the county in
which the Premises are located relating to the Premises and Landlord shall not be liable to
Tenant for any damages resulting from any action taken by a holder of an interest in the Premises
pursuant to the rights of that holder thereunder.
(h) Effect of Deliverv. Landlord has delivered a copy of this Lease to Tenant
for Tenant's review only, and the delivery hereof does not constitute an offer to Tenant. This
Lease shall not be effective until a copy executed by both Landlord and Tenant is delivered to
and accepted by Landlord.
(i) Entire Agreement. This Lease, the Asset Contribution Agreement and the
Related Agreements (as defined in the Asset Contribution Agreement) represents the entire
agreements between Landlord and Tenant with respect to the Premises, and all prior and
contemporaneous discussions and documents are superseded by this Lease. Any statement or
representation not contained herein shall not be binding on either party. All subsequent
amendments hereto most be in writing and signed by the parties hereto. The execution, delivery
and performance by Landlord and Tenant of their obligations under this Lease does not modify
any of their respective rights and obligations under the Facilities Services Agreement, the Asset
Contribution Agreement or the other Related Agreements.
0) Force, Majeure. Whenever a period of time is herein prescribed for the
taking of any action by either party hereto, such party shall not be liable or responsible for, and
there shall be excluded from the computation of such period of time, any delays due to acts of
God, strikes, accidents, casualties, shortage of materials or supplies, labor disputes, wars, riots,
storms or any other cause whatsoever beyond the reasonable control of such party ("Force
Majeure").
(k) Governing Law. This Lease shall be construed and enforced in
accordance with the laws of North Carolina.
(1) Invalidity. The invalidity or unenforceability of any term herein shall not
affect the validity or enforceability of any other term or provision of this Lease.
26
PPAS 155634M

(m) Memorandum. This Lease shall not be filed or recorded on the public
record; provided, however, a memorandum thereof shall be recorded at Tenant's sale cost.
(n) Successors and Assign . This Lease shall inure to the benefit of, and shall
be binding upon, the parties hereto and their respective successors and assigns.
(o) Survival. Tenant's obligations hereunder shall survive the expiration or
earlier termination of this Lease to the extent expressly provided in this Lease.
(p) Time. Time is of the essence in each and every provision regarding
performance under this Lease.
(q) Waiver. No release, discharge or waiver of any provision hereof shall be
enforceable against or binding upon Landlord or Tenant unless in writing and executed by
Landlord or Tenant, as the case may be. Neither the failure of Landlord or Tenant to insist upon a
strict performance of any of the terms, provisions, covenants, agreements and conditions hereof,
nor the acceptance of any Rent by Landlord with knowledge of a breach of this Lease by Tenant
in the performance of its obligations hereunder, shall be deemed a waiver of any rights or
remedies that Landlord or Tenant may have or a waiver of any subsequent breach or default in
any of such terms, provisions, covenants, agreements and conditions.
(r) Facilities Services Agreement. Landlord agrees that its obligations under
the Facilities Services Agreement dated of even date herewith between Landlord and Tenant is a
material portion of Landlord's consideration for Tenant's obligations under this Lease, and such
Landlord's obligations shall be deemed obligations of Landlord under this Lease.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI
27
PPAB 155634M

IN WITNESS WHEREOF, Tenant and Landlord have executed this Lease as of the date and
year first above written.
LANDLORD:
DAK AMERICAS, LLC, a Delaware limited
Iiabi'
By:
Print
Tide
By:
Print N e tzjn
Title: EYec�},,,t Vise J:erae„}
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
28
PPAB 155534M

[SIGNATURES CONTTNUED FROM PRECEDING PAGE]
T7&MT;
CLEAR PATH RECYCLiNO, LLC, a Dulawars
limited liability company
Shaw ,Inc., its Member
By:_—�
Print Namo:
Tide ii, P. Administration
By:
Print Name:
Title-
5419249a.00C
29
PPA6 1556340v2

[SIGNATURES CONTMUED FROM PRECEDING PACE]
CLEAR PATH RECYCLING, LLC, a Delaware
limited liability wmpaay
By: DAK AMERACAS AC, its Member
By: _
Name
Title:
I i 1�/ �► J a � �

EXHIBIT A
PREMISES LEGAL DESCRIPTION
BEING all that tract of lands located in the Cedar Creek Township,
Cumberland County, North Carolina, located on the southern side of Cedar Creek
Road (NC HWY 53/210) and being a portion of the lands of DAK Americas, LLC
known as Tract 1 as described in Deed Book 6379, Page 812 and in Plat Book
110, Page 9 as recorded in the Cumberland County Registry and being more
particularly described as follows:
Beginning at an existing concrete monument (control comer) in the
southern right -of- way margin of Cedar Creek Road (NC HWY 53/210), said
concrete monument being N 33124'19" E 378.40 feet from a PIant Control
Monument ]raving Plant Grid Coordinates R=12+50; S=4+00; thence running for
the next three (3) courses: S 21°29'17" W 550.89 feet to an existing concrete
monument; thence S 68°46'32" E 717.28 feet to an existing iron pipe; thence S
50019'34" E 307.42 feet to an existing iron pipe; thence for the next four (4)
courses: S 10°56'30" W 107.31 feet to an existing iron pipe; thence S 17151'10"
W 183.93 feet to an existing iron pipe; thence S 08"20'31" W 240.15 feet to an
existing concrete monument; thence S 56°36'28" E 76.97 feet to an existing
concrete monument; thence for the next two (2) courses: S 5815647" W 89.95
feet to an existing concrete monument; S 6005l'00" W 626.37 feet to an iron rod
set; thence N 67°46'58" W 441.36 feet to an iron rod set; thence N 67°34'42" W,
130.27 feet to an iron rod set; thence N 66°32'39" W 108.41 feet to an iron rod
set; thence N 57°56'46" W 64.80 feet to an iron rod set; thence N 49°36'47" W
38.29 feet to an iron rod set; thence N 34°07'14" E, 31.45 feet to an iron rod set;
thence N 43°46'I4" W, 319.26 feet to an iron rod set; thence N 49°05'11" W,
66.27 feet to an iron rod set; thence N 54°47'26" W, 67.42 feet to an iron rod set;
thence N 60°10'03" W, 47.51 feet to an iron rod; thence N 68054'39" W, 81.87
feet to an iron rod set; thence N 21°23'02" E, 30.08 feet to a PK masonry nail set;
thence S 82°52'55" E, 26,73 feet to an iron rod set; thence S 78°04'41" E, 77.27
feet to an iron rod set; thence S 71°52'53" E, 54.08 feet to an iron rod set; thence
S 68048'15" E, 237.41 feet to an iron rod set; thence S 71°10'22" E, 18.61 feet to
an iron rod set; thence S 74033'41" E, 26.42 feet to an iron rod set; thence S
7601411" E, 160.68 feet to a PK masonry nail set; thence S 76031'53" E, 39.45
feet to an iron rod set; thence S 69°56'56" E, 43.60 feet to an iron rod set; thence
S 68043'59" E, 336.03 feet to a PK masonry nail set; thence S 70°28'00" E, 62.79
feet to an iron rod set; thence S 74°11'28" E, 15.19 feet to an iron rod set; thence
N 74043'46" E, 118.16 feet to an iron rod set; thence N 68145'16" W, 219.35 feet
to an iron rod set; thence N 19°34'31" E, 15.66 feet to a PK masonry nail set;
thence N 69° 10'49" W, 103.81 feet to an iron rod set; thence N 21 °33'25" E,
126.82 feet to an iron rod set; thence for the next seven (7) courses: N 68147'28"
W, 285.11 feet to an iron rod set; thence S 21111'46" W, 150.04 feet to an iron

rod set; thence N 68°57'31" W, 19.20 feet to an iron rod set; thence S 21"1T16"
W, 11.84 feet to an iron rod set; thence N 68050'14" W, 131.23 feet to an iron rod
set; thence N 21°23'07" E, 11.93 feet to an iron rod set; thence N 68°50'14" W,
300.55 feet to an iron rod set; thence N 21023'02" E, 353,65 feet to punch mark
set in concrete; thence N 68"49'46" W, 363.55 feet to an iron rod set; thence N
20°41'49" E, 629.22 feet to an iron rod set; thence N 68°45'23" W, 336.91 feet to
an iron rod set; thence N 21 °05'48" E, 361.48 feet to an iron rod set on the
southern right-of-way margin of Cedar Creek Road (NC HWY 53/210), said iron
rod being S 51 °14'18" E 172,50 feet from a PK masonry nail set at the centerline
intersection of John B. Carter Road (SR 2010) and Cedar Creek Road (NC HWY
53/210); thence with said margin S 68°45'05" E 1183.52 feet to the Point of
Beginning and containing 52.61 acres, more or less, as shown and delineated as
"Tract IA" on that certain Location Survey for DAK Americas, LLC and Clear
Path Recycling, LLC, prepared by Thomas E. Jasuta, North Carolina Land
Surveyor No. L-3642 of McKim & Creed, dated January 8, 2009, which survey is
incorporated herein by reference thereto.
5349099_2.DOC
2

EXHIBIT B
ADJACENT PROPERTY LEGAL DESCRIPTION
Lying and being in Cumberland County, State of North Carolina and being more particularly
described as follows;
Beginning at a point in the southern right-of-way margin of North Carolina Highway 53,
said highway having a right-of-way of 120 feet; said beginning point being marked by a concrete
monument and being the northeast corner of the property of Maurice Suggs and the northwest
comer of land shown as Parcel 1 on a Plat of Subdivision recorded in Plat Book 110, Page 09 in
the Cumberland County Registry, thence with the southern right-of-way of Highway 53 S. 680
44' 35" E. 529.02 feet to an existing concrete monument, the northwest corner of parcel A as
shown on said Plat of Subdivision; thence leaving said right -of way and with the western line of
parcel A S. 12" 44' 07" W. 319.89 feet to an existing iron stake, the southwest corner of parcel
A; thence with the southern line of parcel A S. 76' 23' 29" E. 173.47 feet to an existing iron pipe
the southeast corner of parcel A; thence with the eastern line of said parcel A N. 15' 37' 31" E.
294.56 feet to an existing iron stake in the southern right-of-way for Highway 53; thence with
the southern right-of-way of Highway 53 S. 68' 39' 50" E. 418.29 feet to an existing concrete
monument, the northwest corner of parcel B as shown on said Plat of Subdivision; thence leaving
said right -of way and with the west line of parcel B S. 21' 21' 27" W. 169.83 feet to an existing
iron pipe; thence S. 68° 41' 37" E. 120.99 feet to an existing iron rod with an aluminum Rose
Group Disk cap; thence S. 681 31' 46" E. 79.48 feet to an existing iron pipe; thence S. 211,59'
24" W. 42.43 feet to an existing iron pipe, the southwest corner of parcel D; thence S. 68° 55'
41" E. 527.41 feet to an existing iron pipe, the southeast corner of parcel G as shown on said Plat
of Subdivision; thence with the east line of parcel G N. 21' 23' 00" E. 210.66 feet to an existing
iron stake in the southern right-of-way for Highway 53; thence with the southern right-of-way of
Highway 53 S. 68' 45' 05" E-. 1,899.85 feet to an existing concrete monument, the northwest
comer of the E.M. Starling property recorded in Deed Book 983, Page 123 in the Cumberland
County Registry; thence leaning said right -of way and with said E.M. Starling's west line S. 21'
29' 17" W. 550.89 feet to an existing concrete monument E.M. Starling's westernmost corner;
thence with E.M. Starling's south line S. 68' 46' 32" E. 717.28 feet to an existing iron pipe and a
comer in E.M. Starling's south line; thence continuing S. 500 19' 34" E. 307.42 feet to an
existing iron pipe, E.M. Starling's south most corner and a corner along the westerly line of
Falling Run Missionary property line recorded in Deed Book 3576, Page 159 in the Cumberland
County Registry;; thence with the westerly line of Falling Run Missionary property S. 10' 56'
30" W. 107.31 feet to an existing iron pipe; thence continuing along the westerly line of Falling
Run Missionary property S. 17' 51' 10" W. 183.93 feet to an existing iron pipe; thence
continuing along the westerly line of Falling Run Missionary property S. 08" 20' 31" W. 240.15
feet to an existing concrete monument; thence continuing along the westerly line of Falling Run
Missionary property S. 56' 36' 28" E. 76.97 feet to an existing concrete monument the south
most comer of Falling Run Missionary property and a point in the NC Products Company's
northerly line recorded in Deed Book 3237, Page 818 in the Cumberland County Registry;
thence with said NC Products Company's northerly line S. 58' 56' 47" W. 89.95 feet to an
existing concrete monument; thence continuing with NC Products Company line S. 60' 51' 00"
W. 2,063,64 feet to an existing concrete monument on the high bank of the Cape Fear river;
thence continuing S. 60' 5 V 00" W. 35.49 feet to a point on the Cape Fear River; thence with the
PPAB 1555696v2

Cape Fear River along a meander line N. 69° 23' 00" W. 500.00 feet to a point on the Cape Fear
River; thence continuing with the Cape Fear River N. 78' 36' 49" W. 622.90 feet to a point on
the Cape Fear River; thence a line leaving said meander line of the Cape Fear River, and
separating Parcel 1 from Parcel 2 as shown on a Plat of Subdivision recorded in PIat Book 110,
Page 09 in the Cumberland County Registry N. 34' 39' 19" E. 29,84 feet to an existing iron rod
with an aluminum Rose Group Disk cap on the high bank of the Cape Fear River; thence
continuing N. 34° 39' 19" E. 580.54 feet to an existing iron rod with an aluminum Rose Group
Disk cap; thence a new line N. 69' 50' 15" W. 262.48 feet to an existing iron rod with an
aluminum Rose Group Disk cap; thence a line N. 20" 09' 37" E. 229.91 feet to an existing iron
rod with an aluminum Rose Group Disk cap; thence a line N. 68146' 33" W. 211.33 feet to an
existing iron rod with an aluminum Rose Group Disk cap, said Rose Group Disk being in the
easterly property line of E,I. Dupont De Nemours and Company recorded in Deed Book 4787,
Page 536 as shown on a Plat of Subdivision recorded in Plat Book 110, Page 09 in the
Cumberland County Registry; thence with said easterly line of E.I. Dupont De Nemours and
Company N. 21° 06' 13" E. 222.49 feet to an existing concrete monument; thence continuing
with the easterly line of E.I. Dupont De Nemours and Company N. 450 03' 29" E. 125.70 feet to
an existing cotton spindle; thence N. 21' 11' 55" E. 598.25 feet to an existing concrete
monument, the northeast corner of said E.I. Dupont De Nemours and Company; thence with the
north line of E.I. Dupont De Nemours and Company N. 68° 32' 16" W. 247.73 feet to an existing
concrete monument, the southeast corner of the Fayetteville Fiber, Inc. property recorded in
Deed Book 5772, Page 600 in the Cumberland County Registry; thence with said Fayetteville
Fiber Inc.'s easterly line N. 21' 08' 53" E. 850.96 feet to an existing concrete monument; thence,
continuing with Fayetteville Fiber Inc.'s easterly line N. 110 19' 50" W. 71.60 feet to an existing
concrete monument a point in Fayetteville Fiber Inc.'s northerly line; thence N. 68' 47' 17" W.
589.60 feet to an existing iron rod with an aluminum Rose Group Disk cap, a point in
Fayetteville Fiber Inc.'s northerly line; thence continuing N. 680 47' 17" W. 241.48 feet to an
existing concrete monument, Fayetteville Fiber Inc.'s northwest corner; thence with Fayetteville
Fiber Inc.'s westerly line S. 21' 16' 37" W. 907.18 feet to an existing iron stake, Fayetteville
Fiber Inc.'s southwest corner, said stare also being in E.I. Dupont De Nemours and Company's
north line; thence with E.I. Dupont De Nemours and Company's north line N, 68' 32' 27" W.
52.56 feet to an existing concrete monument; thence continuing with E.I. Dupont De Nemours
and Company's north line N. 68' 32' 24" W. 783.31 feet to an existing concrete monument, said
concrete monument also being in Maurice Suggs' western line; thence with Maurice Suggs'
western line N. 12' 49' 20" E. 1,240.75 feet to the Beginning and containing 171.82 acres and
being subject to all legal highways and easements of record.
SAVE AND EXCEPT THAT CERTAIN TRACT OF LAND LYING IN CEDAR
CREEK TOWNSHIP, CUMBERLAND COUNTY, NORTH CAROLINA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING all that tract of lands located in the Cedar Creek Township, Cumberland
County, North Carolina, located on the southern side of Cedar Creek Road (NC HWY
53/210) and being a portion of the lands of DAK Americas, LLC known as Tract 1 as
described in Deed Book 6379, Page 812 and in Plat Book 110, Page 9 as recorded in the
Cumberland County Registry and being more particularly described as follows:
2
PPAB 1555696v2

BEING all that tract of lands located in the Cedar Creek Township, Cumberland
County, North Carolina, located on the southern side of Cedar Creek Road (NC HWY
53/210) and being a portion of the lands of DAK Americas, LLC known as Tract 1 as
described in Deed Book 6379, Page 812 and in Plat Book 110, Page 9 as recorded in the
Cumberland County Registry and being more particularly described as follows:
Beginning at an existing concrete monument (control corner) in the southern
right -of- way margin of Cedar Creek Road (NC HWY 53/210), said concrete monument
being N 33°24'19" E 378.40 feet from a Plant Control Monument having Plant Grid
Coordinates R=12+50; S=4+00; thence running for the next three (3) courses: S
21029'17" W 550.89 feet to an existing concrete monument; thence S 68°46'32" E 717.28
feet to an existing iron pipe; thence S 50°19'34" E 307,42 feet to an existing iron pipe;
thence for the next four (4) courses: S 10°56'30" W 107.31 feet to an existing iron pipe;
thence S 17°51'10" W 183.93 feet to an existing iron pipe; thence S 08°20'31" W 240.15
feet to an existing concrete monument; thence S 56°36'28" E 76.97 feet to an existing
concrete monument; thence for the next two (2) courses: S 58°56'47" W 89.95 feet to an
existing concrete monument; S 60°51'00" W 626.37 feet to an iron rod set; thence N
67046'58" W 441.36 feet to an iron rod set; thence N 67°34'42" W, 130.27 feet to an iron
rod set; thence N 66°32'39" W 108.41 feet to an iron rod set; thence N 57°56'46" W
64.80 feet to an iron rod set; thence N 49°36'47" W 38,29 feet to an iron rod set; thence N
34007'14" E, 31.45 feet to an iron rod set; thence N 43°46'14" W, 319.26 feet to an iron
rod set; thence N 49005'11" W, 66.27 feet to an iron rod set; thence N 54047'26" W,
67.42 feet to an iron rod set; thence N 60°10'03" W, 47,51 feet to an iron rod; thence N
68°54'39" W, 81.87 feet to an iron rod set; thence N 21°23'02" E, 30.08 feet to a PK
masonry nail set; thence S 82°52'55" E, 26.73 feet to an iron rod set; thence S 78°04'41"
E, 77.27 feet to an iron rod set; thence S 71°52'53" E, 54.08 feet to an iron rod set; thence
S 68048'15" E, 237,41 feet to an iron rod set; thence S 71°10'22" E, 18.61 feet to an iron
rod set; thence S 74°33'41" E, 26,42 feet to an iron rod set; thence S 76'14'11" E, 160.68
feet to a PK masonry nail set; thence S 7691'53" E, 39.45 feet to an iron rod set; thence
S 69056'56" E, 43.60 feet to an iron rod set; thence S 68'4359" E, 336.03 feet to a PK
masonry nail set; thence S 70°28'00" E, 62.79 feet to an iron rod set; thence S 7491'28"
E, 15.19 feet to an iron rod set; thence N 74°4346" E, 118.16 feet to an iron rod set;
thence N 68'45'16" W, 219.35 feet to an iron rod set; thence N 19°34'31" E, 15.66 feet to
a PK masonry nail set; thence N 69°10'49" W, 103.81 feet to an iron rod set; thence N
21033'25" E, 126.82 feet to an iron rod set; thence for the next seven -(7) courses: N
68047'28" W, 285.11 feet to an iron rod set; thence S 21°11'46" W, 150.04 feet to an iron
rod set; thence N 68°5731" W, 19.20 feet to an iron rod set; thence S 21 ° 17'16" W, 11.84
feet to an iron rod set; thence N 68°50'14" W, 131.23 feet to an iron rod set; thence N
21023'07" E, 11.93 feet to an iron rod set; thence N 68°50'14" W, 300.55 feet to an iron
rod set; thence N 21°23'02" E, 353.65 feet to punch mark set in concrete; thence N
68049'46" W, 363.55 feet to an iron rod set; thence N 20°41'49" E, 629.22 feet to an iron
rod set; thence N 68°45'23" W, 336.91 feet to an iron rod set; thence N 21 °05'48" E,
361,48 feet to an iron rod set on the southern right-of-way margin of Cedar Creek Road
(NC HWY 53/210), said iron rod being S 51°14'18" E 172.50 feet from a PK masonry
nail set at the centerline intersection of John B. Carter Road (SR 2010) and Cedar Creek
Road (NC HWY 53/210); thence with said margin S 68°45'05" E 1183.52 feet to the
Point of Beginning and containing 52.61 acres, more or less, as shown and delineated as
PPAB E555696v2

"Tract 1A" on that certain Location Survey for DAK Americas, LLC and Clear Path
Recycling, LLC, prepared by Thomas E. Jasuta, North Carolina Land Surveyor No. L-
3642 of McKim & Creed, dated January 8, 2009, which survey is incorporated herein by
reference thereto.
5433628_i.DOC
4
PPAB E 555696v2

EXHIBIT C
FORM OF
ASSIGNMENT OF BROWNFTELDS AGREEMENT
THIS ASSIGNMENT OF BROWNFIELDS AGREEMENT (this "Assignment Agreement") is
entered into and effective this day of by and between the DAK Americas LLC,
a Delaware limited liability company ("DAK"); Clear Path Recycling, LLC., a Delaware limited liability
company ("Clear Path"); and the North Carolina Department of Environment and Natural Resources
("DENR").
Recitals
A. On December 9, 2003, DAK's predecessor in interest, DAK Resins, LLC, submitted to DENR its
letter of intent to seek a Brownfields Agreement pursuant to the Brownfields Property Reuse Act of 1997,
N.C.G.S. § 130A-310,30, el seq. (the "Act") with respect to approximately 171.82 acres of land located at
3458 Cedar Creek Road, Fayetteville, Cumberland County, North Carolina (the "Brownfields
Property"). The Brownfields Property is the subject of this Assignment Agreement.
S. Clear Path contracted to purchase an approximately 52.6I acre portion of the Brownfields
Property (the "Sale Parcel") from DAK by contract dated (the "Land Contract").
C. DAK and DENR negotiated the terms of a Brownfields Agreement governing the redevelopment
of the Brownfields Property, and submitted that agreement for a 30-day public comment period
commencing
D. The Brownfields Agreement was executed by DAK and DENR and became effective on
(the "Brownfields Agreement").
E. DAK desires to assign certain rights and obligations under the Brownfields Agreement to Clear
Path, and DENR consents to such assignment, subject to the terms and conditions of this Assignment
Agreement.
NOW THEREFORE, in consideration of the premises and the covenants and obligations set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, DAK and Clear Path agree, and DENR consents to thai agreement, as follows:
1. Rights and benefitsg,fthe Brownfields Agreement. As the purchaser of the Sale Parcel, Clear
Path and certain other parties (including Clear Path's lender(s)) are entitled to the benefits of the liability
protection provided in the Brownfields Agreement to the extent provided in the Act, including without
limitation the protections in paragraphs —and _ of the Brownfields Agreement (relating to DENR's
covenant not to sue and contribution protection) with respect to the Sale Parcel. DAK retains its rights to
and benefits ofthe liability protection granted under the Brownfields Agreement, including without
limitation the protections in paragraphs — and _ thereof with respect to the Sale Parcel,
2. Assignment of other rip_h_ts and oblations. Without limiting the retention of rights and
protections pursuant to Paragraph 1, above, DAK assigns and transfers to CIear Path its rights and
obligations effective or arising under the Brownfields Agreement on or after the Closing Date with
respect to the Sale Parcel; provided, however, that DAK does not assign or transfer its obligations
pursuant to (i) any obligation under the Brownfields Agreement to pay more than 50% of DENR's
reasonable costs of reviewing this Assignment Agreement, and (ii) Paragraphs T and _, to the extent
PPAB E520084v2

that they relate to claims by or against DAK relating to the Sale Parcel. DAK expressly retains its rights
and obligations under the Brownfields Agreement that arose prior to the Closing Date with respect to the
Sale Parcel, including without limitation the requirement to retain certain records predating the Closing
Date pursuant to Paragraph ` of the Brownfields Agreement.
3. Clear Patb's consent to be bound by Brownfields Agreement. Subject to DAK's retention of
certain obligations as outlined in Paragraph 2 of this Assignment Agreement, Clear Path hereby consents
to be bound by the terms of the Brownfields Agreement with respect to the Sale Parcel, including without
limitation the certification requirement in Section _ of the Brownfields Agreement. Attached as
Exhibit A to this Assignment Agreement is an affidavit signed by Clear Path's authorized representative,
providing information necessary under the Act to certify that Clear Path is qualified for the Brownfields
Agreement.
4. Payment of DENR review costs. DAK and Clear Path each agree to pay 50% of the reasonable
costs incurred by DENR to review this request for its consent to assign or transfer the benefits and
obligations under the Brownfields Agreement with respect to the Sale Parcel.
5. Mutual indemnities of DAK and Clear Path. DAK and Clear Path each agree to indemnify,
defend and hold harmless the other and their respective officers, directors, members, employees, agents,
successors and assigns from and against any claims, suits, demands, notices, damages, assessments, costs
or expenses (including without limitation reasonable attorney's and consultant's fees) arising out of their
respective failure to carry out the obligations assigned to or retained by them, as the case may be, under
this Assignment Agreement. The parties' indemnity obligations shall survive indefinitely.
6. DENR Consent. DENR hereby consents to the assignment of rights and obligations under the
Brownfields Agreement with respect to the Sale Parcel from DAK to Clear Path as set forth herein.
7. Authority to enter into this assignment. Each signatory to this Assignment Agreement
represents that he or she is fully authorized to enter into the terms and conditions of this Assignment
Agreement and to legally bind such party, and in the case of Clear lath to legally bind Clear Path to the
terms and conditions of the Brownfields Agreement to the extent set forth herein.
8. Modification of the Brownfields Agreement. This Assignment Agreement shall be considered
a modification of the Brownfields Agreement to the extent provided herein, All other provisions, rights
and obligations of the Brownfields Agreement are ratified hereby and remain in full force and effect.
9. Successors and assigns. This Assignment Agreement shall apply to and be binding on DENR,
and on DAK, Clear Path and their respective officers, directors, members, managers, employees and
agents.
10. Severability. The severability, invalidity or unenforceability of any provision or portion of this
Assignment Agreement shall not affect the validity or enforceability of any other provision or portion
hereof.
H. Applicable law. This Assignment Agreement shall be governed by, and construed in accordance
with, the laws of the State of North Carolina, without regard to its conflicts of laws rules.
12. Amendment and Modification. This Assignment Agreement may be amended or modified in
whole or in part only upon the written agreement of Clear Path, DAK and DENR.
PPAB 1520084v2

13. Captions. Paragraph titles and captions contained in this Assignment Agreement are inserted
only as a matter of convenience and as reference and in no way define, limit, extend or describe the scope
of this Assignment Agreement or the intent of any of its provisions.
14, Entire_ Agreement. This Assignment Agreement constitutes the entire agreement of the parties
with respect to the matters contemplated by this Assignment Agreement, and supersedes any and all prior
written or oral agreements between the parties.
15. Counterparts. This Assignment Agreement may be executed in two or more counterparts, each
of which together shall constitute one instrument.
16. DENR Consent. Should DENR choose not to consent to and execute this Assignment
Agreement, the terms applicable to Clear Path and DAK shall remain in full force and effect as between
those parties, once both Clear Path and DAK have executed this Assignment Agreement.
17. Recitals. The recitals are incorporated by reference.
WHEREFORE, the parties have executed this Assignment Agreement as of the date First above written.
(Signatures on Next Pagel
PPAB 1520084v2

DAK Resins, LLC
By;
Its:
By:
Its:
Clear Path Recycling, LLC
Its:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES [as applicable]
By;
Its:
5437777_2. DOC
4
PPAB 15200842,

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
1N THE MATTER OF: }
CLEAR PATH RECYCLING, LLC )
} AFFIDAVIT
UNDER THE AUTHORITY OF )
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY AND
STATUTES § 130A-310.30, ET. SEQ. ) COMPLIANCE
lam
, being duly sworn, hereby deposes and says:
of Clear Path Recycling, LLC or its successor ("Clear Path").
DAK Resins, LLC entered into a Brownfields Agreement with the North Carolina Department of
Environment and Natural Resources, pursuant to N.C.G.A. 130A, Article 9, Part 5 (Brownfields Act), in
relation to the following parcel in Charlotte, Mecklenburg County, North Carolina: 4933 Brookshire
Boulevard (the "Parcel). DAK Resins, LLC intends to assign certain of its rights and obligations under
the Brownfields Agreement to Clear Path.
I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Clear
Path, and any parent, subsidiary or other affiliate, meets the eligibility requirements ofN.C.G.S. 130A-
3 10.3 1 (b)(I 0), in that it did not cause or contribute to the contamination at the Parcel,
I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Clear
Path meets the eligibility requirement of N.C.G.S. 130A-310.32(a)(1) in that it, and any parent, subsidiary
or other affiliate, has substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant further saith not.
[Signature on following page]
PPAB 1520084v2

Clear Path Recycling, LLC Date
Sworn to and subscribed before me
this day of ,
Notary Public
My commission expires: T (SEAL)
b
PPAB 1520084v2

Y i ! � a@ •! s a I odul�ei
jj
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i
B i� •
of
411
.

STORM WATER MAIN AND OUTFALL EASEMENT
EX MBIT D-2
SHADED AREA IS STORM WATER
MAIN EASEMENT AREA

41
FIRE WATER RING MAIN EASEMENT
EXHIBIT D-3
K I N
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FfRE WATER RING
MAIN EASEMENT

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1+�.[ •m aNa.[ �.tleN f pi �L W[ �
Parl®g Lot
Faserneat
(depicting Parking Lot Easement, Landlord Paiilrvad Easement Area
and Temporary Space Usage Area)
• .-w. a..w'a". ��"�' CEDAR CREEK ROAD (K KGiWAY 53/210) Sxa".PLMUC R/M
1�' X i5' Railcar Scale wcighc
Roam (being the Tctnpcam y Sp
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Rail Easement No- 1
(bang l ndlard
Raihnad Fascrnens Aria
WT t OF TF.a FORMER •A3l:8NYTa PROPEA7Y �•
_ a wtrrs m. AS RFCARDW W PLAT HOOK 9ta PAGE .p
.asflirM w$LU OA1SARaMCA.S.'=AMCLMPATH RECYCLM.LLC
--

Table 1. Outfall Locations- DAK Americas LLC Cedar Creek Site and Clear Path Recycling
Outfall
Latitude
Longitude
Description
DAK or
Receiving Water
Dry Weather
CPR
Flow
001
34"58"08'
78046"58'
Stormwater from developed and undeveloped land throughout the plant
DAK
Cape Fear River
Yes
property including the plant process areas and cooling tower
blowdown.
002
340 58"08'
78046"58'
Sanitary waste, treated process waste from the utility wastewater,
DAK
Cape Fear River
Yes
cooling tower blowdown, boiler blowdown, steam condensate and
sanitary and treated process waste from DuPont Teijin Filme .
003
340 59"02'
78047"26'
Stormwater runoff from the DAK resins plant. This outfall is currently
DAK
Cape Fear River
No
permitted under NCS000389. DAK Americas requests that DENR add
this outfall to The new permit and, if added to the new permit, then to
revoke NCS000389. This would consolidate all stormwater outfalls
and process wastewater outfalls into one permit.
A
34359"02'
78646"40'
Stonnwater runoff from the parking lot and bottle storage areas where
CPR
Cape Fear River
Small amount
the Monsanto facility formerly stood. The outfall discharges onto a
of groundwater
vegetative strip prior to entering the waterway.
infiltration
111
34058"58'
78"46"39'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River
No
discharges onto a vegetative strip prior to entering the waterway.
B2
34058"56
78046"38'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River
Small amount
discharges onto a vegetative strip prior to entering the waterway.
of groundwater
infiltration
B3
34058"55'
78"46"38'
Stormwater from the paved roadway and bottle storage area. The outfall
CPR
Cape Fear River
No
discharges onto a vegetative strip prior to entering the waterway.
C
34058"54'
78046"39'
Stormwater from the railroad spurs used to transport materials. No
CPR
Cape Fear River
No
unloading activities occur in this area. Sheet flow only through a
vegetated strip
June 30, 2009
E. Wike

Outfall
Latitude
Longitude
Description
DAK or
Receiving Water
Dry Weather
CPR
Flow
D
34058"54'
78046'42'
Stormwater from railroad spurs used to transport materials. No
CPR
Cape Fear River
No
unloading activities occur in this area. Sheet flow only through a
vegetated strip
E
34"58"49'
78046"42'
No industrial activity in this area. Area drains a small paved area. The
CPR
Cape Fear River
No
outfall discharges onto a vegetative strip prior to entering the
waterway.
F
34058"42'
78046"50'
Stormwater from developed and undeveloped land throughout the plant
DAK
Cape Fear River
Small amount
property including process areas. Overflow from SW001. The outfall
of overflow
discharges onto a vegetative strip prior to entering the waterway.
from SWOOI
G
34058441'
781146"50'
Stormwater from activities associated with wastewater treatment basins,
DAK
Cape Fear River
No
fuel oil storage and paved roadways used for in -plant transportation
The outfall discharges onto a vegetative strip prior to entering the
waterway-
*
34058"45'
78114705'
Stormwater from activities associated with the wastewater treatment
DAK
Cape Fear River
No
plant_ Outfall discharges onto a vegetative strip prior to entering the
waterway,
Extensive sampling was conducted for all outfalls and submitted with the permit renewal application in 1992. Outfalls A through G indicated low levels or less
than detectable amounts of pollutants. Based on this documentation, the State decided that stormwater sampling would only be required from OutfalI 00I. For
ease of accessibility, this sample is taken from the manhole designated SW-1, which is immediately upstream from Outfall 001.
June 30, 2009
E. W ike

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`%A\� TRACT 1 vNOPMH
1y0 2j0
EASEMENT
CAROLINA POWER & LIGHT COMPANY
CP&L DRAWING # RW-D-556, HIT 2 EASEMENTEPARTMGHTWAY RIGHT OF WAY LINE
N.G. DEPARTMENT OF TRANSPORTATION
SHE1, PG 269
PK NAIL SET AT THE CENTERLINE INTERSECTION Fx S51'1E4'16"E CAROLINA A POWER & LIGHT COMPANY CEDAR CREEK ROAD (NC HIGHWAY 53/210) 12 0' PUBLIC R /W STATE HIGHWAY DB 9PR0 JECT 6.801882
OF JOHN B. CARTER RD. (SR 2010) & 172 50' (TIE} CP&L DRAWING # RW-A-4292
CEDAR CREEK ROAD (NC HIGHWAY 53/210) DB 2473, PG 359
PP IRS PP PP PP S68'45'05"E 1183.52' (TOTAL) ECM
N !/N/vT-_^-n-®r--ir-�rrr�-•-rr--rr--vrf==�7r-' ---fir--- -'rr...--.... PP PPP
• / T'
WATER / (PARKING LOT EASEMENT)
VAULT i / J / r I / I / / / / e 1 POINT OF BEGINNING --- -
! / // / / / / / / // / / / / / . i / I ",,-- SIGN WITH LIGHTS +I CONTROL CORNER
J CQNC.,FLUME / I / / I / / I / / / I ...- DI �!
DI DI DI1
MASONRY UTILITY u') / / / / / / / / / I / / / 3It---- PARKING LOT AND 1
BUILDING GATE Q / / / / / J / / / l / I / / d DRIVEWAY EASEMENT �!
(NOT
// - ASPHALT PARKING �14
l % / / / / / / / / i N I M AREA (UNSTRIPED)
EXISTING / I / / / / / /
BASELINE OF A 140' PROGRESS I BUILDING CORNERS / / / / / J / / �11ag{J
LEGEND: CP&L ELECTRICAL EASEMENT ENERGY r / /5.D' FROM BOUNDARY LINE/ i J / J I / / GUARD DI �j r j
IRS DB 2473, PG 359 SUBSTATION r/ / / / / / / / / 6jl / / / HOUSE I {
Q IRS -IRON ROD SET _ : / / / / / I 1� In J
EIP METAL / / / / / / / / / / / r L" W N68'45'16"W 219.35' IRS
EIP-EXISTING IRON PIPE UTILITY I 1 / / J / I / / / / / / % / / I GATE CHAIN LINK FENCE €� �� o N -- -- ��
PK� ECM -EXISTING CONCRETE MONUMENT CONTROL 51.0' / / / / / ! / / / / / / / / n 15" RCP rr P 1p
BUILDING / /' L26 I
P O PK-PK MASONRY NAIL SET METAL / J / / / / / / / / I / / N68'47 22"W 1100.33' (TIE) GATE r N/F
MO PM -PUNCH MARK SET / F.
SUBSTAT10N 51.4' / / / / / / / / N6,3'S8'35 W J / I 1! E.M.STARLING
CPO CP-COMPUTED POINT 144.56' DB 9F3 PG 123 G
BUILDING / / / / / � / / / / / /: / ,� ! Iky �k� \�'
N/F-NOW OR FORMERLY IRS / - ' - / -_ / - / - --�_ i r/ ��.L ! ,�� n s L4 �r D, , �`Q�p-1
-------- - --- ------ - �-..._'ii
R/W-RIGHT OF WAY ECM ---� ----- - - - - ------ ---- ----- -J I p�
4 L23 _/ 7- iL tz GRASS AREA S68'46'44"E-485.22' ---- � 7� s
� � I ECM
Nr-T- T`rt.241`�" / / / i^7- 7-/-"T-/_T-`T�^T7-�7- / ■ RS 15468'
PROPERTY LINE �L/ AC UNIT L �- L 1 1 - ! 1 -/- L �I_ L - L L 1 _ l /� °' ^ - - - N6845'16"W -
- ADJACENT PROPERTY LINE PLANT CONTROL MONUMENTN68'44'02"W 641.05'
GRASS / ry� j
- RIGHT-OF-WAY R=23+50 FLAG ON CDNC PAD MONITORING WELL EASEMENT GRASS
FENCELINE N6336- 23"W POLE AREA AGREEMENT BETWEEN DAK RESINS, LLC �/ /NIT AREA PLANT CONTROL MONUMENT
5=4+00 336.91' GRASS AREA IN FAVOR OF MONSANTO COMPANY \ / R =12+50
SD STORM DRAIN SIDEWALK DB 6430, PG 691 <<'/ S=4+00 INSET 'B'
RAILROAD TRACKS DB 6593, PG 141 N44'53'25"W I / %P
65.73'
OVERHEAD UTILITIES 51DEWALK _ J
GRASS AREA-� ¢I �,�cS,
CLEANOUT ASPHALT Li CDNC PAD /
ECM
VAMANHOLE - - ---
© STORM DRAIN MANHOLE AREA WITH MANHOLE � l - - Sfi8'46'32"E 717.28' pP
SANITARY SEWER MANHOLE ULT
DI ��9 \ S68'37'27"E 442.32':---
I -7 -7 7 r% /� /
METAL VAULT
Z» �l - ,/ I �� / -�, /
DI t WATDI-ER
ROP INLET (STORM DRAIN) (SEE NOTE 2) N68'31'24'W 407.86'
WATER VALVE
FIRE HYDRANT WITH BOLLARDS
I/ \`(/
( WATER VALVE WITH BOLLARDS CONIC SLAB (SEE NOTE 2} 1 �U1
I CDNC` \ /`
MONITORING WELL ! WITH RAMP N32'12'12 W
AREA LIGHT DRIVE! ASPHALT AREA
53.45'
TRACT 1 A �'!/ \� �• �y
LANDSCAPE LIGHTING t 80.00' w
TELEPHONE PEDESTAL , N Ale Sjcw-6 0_ y T
UTILITY BOX +� EDGE OF CONCRETE y
PP N/F b N FOUNf?ATTUN
• POWER POLE DAK RE51NS, LLC NGRASS
C ANCHOR DB 6379, PG 812 zl AREA
PB 110, PG 09 I 'P9U \
TRACT 1 SLAB 51TE ADDRESS'I !/ `P� c�`� WOODED
3468 CEDAR CREEK RD. (NC HWY 53/210) EDGE OF CONCRETE GRASS mp\ DI AREA
FAYETTEVILLE, NORTH CAROLINA 28312 CP,,.,AIRs AREA ONCRETE
S681501 ® FOUNDATION / \ '
SIRENO \/
10.00' I I VMETAL AULT POLE \
ASEA: (BY COORDINATE COMPUTATION) r` I rn t' pe bridge GRASS
TRACT 1 - 5,192,887 SF 119.21 ACRES C I I ri GRASS anti tifln AREA
TRACT lA - 2,291.41 SF 52.61 ACRES � I j AREA
PARKING LOT AND
! -I I `� DRIVEWAY EASEMENT
TOTAL 7,484,378 SF 171.62 ACRES w I la i l 80.00' j v. , I�\1 (RUNS WITH EXISTING DRIVEWAY)
°' GRASS CONC 4
SUBJECT �R 1Y INFORMATION a i - _ _ SLAB y/ B. 6379. G. 812 N I Ivy i - N68'4WWW AREA / I
PB, 110 PG. 009 z l I IRS 363.55' P
CPI CP CD
-
N OTE: -- '� � MANHOLE ASPHALT / I1
_ ~N760 08, W C•y 1 /
1 ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES AREA DI 01
10.08 ' o-
UNLE55 OTHERWISE NOTED. _ �o �j GRASS AREA GRASS AREA GRASS AREA /
2) ACCORDING TO DAK PERSONNEL THESE VAULTS AND MANHOLES A .'.e bridtt� �- - -
6F7F PERT OF E I'1FFI INf'T FI F('TRIC'dl SYGTF`hA GNI'1
�; 1O -tndotion - } n ASPHALT I I
ARE CURRENTLY NOT IN USE. INSET 'A' I Clpe bridge GRASS ARE!', DI AREA DI � /VA
3) NONCONFORMING STRUCTURES HAVE NOT BEEN CREATED BY THIS FOR 10' WIDE foundation � / SURVEY. PIPE BRIDGE EASEMENT GRASS CDNC LANDING /W
4) THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA AREAS WITH STEPS_
OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT q Y V.
REGULATES PARCELS OF LAND. I BOUNDARY LINE RUNS CDNC SLA D'
5) NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT.
6) SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X, BEING THE
AREA DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL
CHANCE FLOODPLAIN, WITH THE EXCEPTION OF THE HATCHED
AREA SHOWN, WHICH 1S IN THE 0.2% ANNUAL CHANCE FLOOD.
FLOOD INFORMATION SHOWN IS AS TAKEN FROM NFIP-FLOOD
INSURANCE RATE MAP, MAP NUMBER 3720046400J, PANEL
0464J, EFFECTIVE DATE: JANUARY 5, 2007.
ZQNE: MP (PLANNED INDUSTRIAL DISTRICT)
SETBACK:
FRONTYARD = 100 FEET
SIDEYARD = 50 FEET
REARYARD = 50 FEET
INSURANCEC±RCAGO -TITLE CO Y
SCHEDULE B - SECTION II - EXCEPTIONS
2. EASEMENTS BETWEEN MONSANTO COMPANY AND CARODEL CORPORATION RECORDED IN BOOK 3120,
PAGE 594; AND BOOK 2704, PAGE 757, 763, 771 AND 774, CUMBERLAND COUNTY REGISTRY. (AI_L
DO NOT APPLY TO SUBJECT PROPERTY)
3. EASEMENT BETWEEN MONSANTO COMPANY AND FIBER INDUSTRIES, INC. RECORDED IN BOOK 2811,
PAGES 92, 95, AND 98; AND BOOK 2815, PAGE 795, CUMBERLAND COUNTY REGISTRY. (ALL DO
NOT APPLY TO SUBJECT PROPERTY)
4. EASEMENT TO NC NATURAL GAS CORPORATION RECORDED IN BOOK 4578, PAGE 826, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY),
5. EASEMENT(S) TO CAROLINA TELEPHONE AND TELEGRAPH COMPANY RECORDED IN BOOK 702, PAGE
580; (BLANKET EASEMENT; NO SPECIFIC LOCATION)
AND BOOK 2434, PAGE 829 (RIGHT TO CONSTRUCT GUY WIRE ANCHOR; NO SPECIFIC LOCATION
GIVEN), CUMBERLAND COUNTY REGISTRY.
6. EASEMENT(S) TO CAROLINA POWER AND LIGHT COMPANY RECORDED IN BOOK 817, PAGE 438
(BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK 491, PAGE 191 (BLANKET EASEMENT -,NO
SPECIFIC LOCATION); BOOK 465, PAGE 177 (BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK
2414, PAGE 480 (BLANKET EASEMENT; NO SPECIFIC LOCATION); AND BOOK 2473, PAGE 359, (AS
SHOWN ON SURVEY MAP)CUMBERLAND COUNTY REGISTRY.
7. EASEMENT(S) TO THE NORTH CAROLINA STATE HIGHWAY COMMISSION RECORDED IN BOOK B09, PAGE I
317(DOES NOT APPLY TO SUBJECT PROPERTY); BOOK 2387, PAGE 540 (DOES NOT APPLY TO
SUBJECT PROPERTY);BOOK 2391, PAGE 269 (RIGHT OF WAY LINE AS SHOWN ON SURVEY MAP);AND
BOOK 2391, PAGE 271 (TEMPORARY CONSTRUCTION EASEMENT), CUMBERLAND COUNTY REGISTRY.
S. AGREEMENTS WITH SEABOARD COASTLINE RAILROAD COMPANY AND ASSIGNMENT OF AGREEMENT
RECORDED IN BOOK 2272, PAGE 97 (AS SHOWN ON SURVEY MAP); BOOK 2411, PAGE 699 (BLANKET
EASEMENT; NO SPECIFIC LOCATION);AND BOOK 2756, PAGE 227 (AS SHOWN ON SURVEY MAP),
CUMBERLAND COUNTY REGISTRY.
9. UTILITY EASEMENT TO CITY OF FAYETTEVILLE RECORDED IN BOOK 5915, PAGE 780, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY)
10. RIGHTS OF OTHERS IN AND TO THE CONTINUED UNINTERRUPTED FLOW OF CAPE FEAR RIVER.
11. EASEMENT AGREEMENT BETWEEN DAK RESINS, LLC AND MONSANTO COMPANY RECORDED ON BOOK
6430, PAGE 691; AND BOOK 6593, PAGE 141, CUMBERLAND COUNTY REGISTRY. (MONITORING WELL
EASEMENT AS SHOWN ON SURVEY MAP)
LINE TABLE
LINE
LENGTH
BEARING
L1
38.42
SOO-55.58"
L2
49.15
S53'16'10'
L3
38.60
N 4-45.00"W
L4
27.17
S67'37'22"
L5
56.41
S43'49' 9"
L6
105.16
S '31'19"W
L7
116.58
S 1'19'08"W
L8
99.03
S2 '36'16"W
L9
84.71
S35'59'06"W
L40
22.90
S68'45'16'E
L11
72.84
5 622'38"W
L12
91.04
N38'41'38"
L13
87.24
N 0•40' 5"
L14
66.72
N20'43'39'
L15
50.25
N21-17-42"
L16
129,97
N10'38'42"E
L17
39.18
N56 'O5"
L18
38.28
N38'43'13"W
Li
55.37
N28'53'48"
L20
47.07
N18'21'08'E
L21
57.68
N09'3 ' 8"
L22
23.26
N20'41'49"
L23
98.91
S68*36'19"91
L24
23.37
57716'28'E
L25
28.95
N7-46.17"
L26
8.47
N18'31'09"E
Land dt4urbed
Pre-rra!at e !
5709 squ�e f?
Pipe bridge getion 1.
2 7%
Pipe bridge section u
15(1()
Pipe !ridge mx Sinn 3
D00
Pipe hriK1(ZE section 4
(325
Pipe bridge section 5
7-1Gno
Pipe hddg_ scelmn 6
1 R XI
Subgtauun
750
TmA scAle
1540
Office tnillet
12(lt)
Silt) Imd
fratlfi
compactor
4ie�t1
Area between li llduim
NN5
Total Suuate fL Distm-h l 29559
Oue Acre etluw%,,- It = 41S60
Land act'! -ads dtsturW 0.69 arras
=
w
0
i•)
N
N
BOUNDARY LINE RUNS z
ALONG AND NEAR THE CONCRETE'~
FOUNDATION
S82'52'55"E N6
26.73'
N21'23'02"E. 1
30.08'
PK
IRS
EASEMENT LINE CORNERS -
ARE 8 FEET FROM RAILROAD
TRACK CENTERLINE
(TYPICAL)
CDNC
SLAB
RAILROAD TRACK AGREEMENT WITH
SEABOARD COAST LINE CO.
1p DB 2756, PG 227
LO DB 2272, PG 97
N 21'23'07"E
11.93'
S78'04'41 "E IRS
77,27' NE
571 '52'53"E
54.08'
'54'39vllii -, ,2v
4"W S74'33'41 "E
26.42'_
IRS 1R5 - SOD 48 10 t YJ 1.41 IRS
N54'47'26"W ASPHALT
IR5 IRS 67.42' AREA
IRS N49'05'11 "W
L28 --CP L29 CP �JO �Rs 66.27'
CP
RAILROAD SPUR TRACK "C"
43451
RAILROAD EASEMENT LINE TABLE
LINE
LENGTH
BEARING
L27
16.00
521'23'02"w
L28
80.73
S68'54'39"
L29
45.53
$60"0'03"E
L301
65.87
S54'47'26"E
L311
64.73
549'05'11"E
L321
16.361
N34 7'14"E
16' WIDE TRACK
ACCESS EASEMENT
EIP
At-NG AND NEAR THE CONCRETE WITH RAMP /
FOUNDATION CONIC SLAB CaNC-,
WITH RAMP / SLAB
NC
IRS 285.11' SLAB +"
N6847'28"W IRS �P�
`,�
3 N19'34'31"E C�-I
o w N 15.66' SLAB + S56'36'28"E
N " 1 / 75.97'
n c ! l�
Ln r r) DI
T (A c:� SPHALTI CONC / / RIGHT-OF-WAY & EASEMENT AGREEMENT BETWEEN
S21'17'16'W ilr Pt�e:1 Z DR rr{/ MONSANTO NORTH CAROLINA, INC.
CONIC SLAB I SLAB ` / ��
AND SEABOARD COAST LINE RAILROAD CO.
IRS 103.810' WIDE 1 N68'45'15"W / { DB 2756, PG 227
S PIPE BRIDGE EASEMENT N69'10'49"W IRSO 219.35' - a / �10 DB 2272, PG 97
SEE INSET A
n�tnld"3u f ,-ELECTRtC BOX S70"28'00"E /DI / SEE INSET 'B'
TPKIR5 r3 I t31
IRS
575'i41 `�'_f 576'31'S3 ES69'S6'56"E
CDNC 39.45' 43.60' -
LJ 12'X15' 1
BOUNDARY LINE CORNERS 1''"it
ARE 8 FEET FROM RAILROAD N34'07'14
TRACK CENTERLINE 31,45'
(TYPICAL)
isiiisii 62.79'
+
�. 566'43 WE PK� SIRS N68'45'16"W
El 336,03' DI TRACK 7
S7411'28"E DB 2756, PG 227 �ry
G ASPHALT 15.19' AB DB 2272, PG 97 "
AREA
N
FALLING RUN MISSIONARY
BAPTIST CHURCH
D8 3578, PG 159
J
ECM
l=CM
ECM
'HFLOOD LIMIT LINE
A
CONC LANDING I - CONC CdNC FLUME I
WITH STEPS �]/ ��---SLAB ///' AREA OF 0.2% ANNUAL CHANCE FLOOD
CDNC PAD VAULT /J�/ - (SEE NOTE fi)
a _ _ MONITORING WELL EASEMENT / N/F
STEAM II AGREEMENT BETWEEN DAK RESINS, LLC / MCNC PRODUCTS COMPANY
VAULT ��� r LJLS��IC3
ONIN FAVOR OF MONSANTO COMPANYfDS 3237, PG 818
DB 6430, PG 691
WAREHOUSE
z EXISTING DB 6593, PG 141
� �f
r?nf over spuce
tzlwnar hnil,air: ,,,
z
. ; ` N66 32'39"W N67',34'42"W zi
�
RS 108.4.. IRS 13027' IRS 't I4674i'58+W 441.36'
-- IRS
N49'35'47"W N57'56'46"w - �1 GRAPHIC SCALE
38.29 64.50'
Oh i� 100 0 5D 100 200
RAILCAR SCALE
WEIGHT ROOM
EXISTING
WAREHOUSE
_� ,
3 0'
vMCM &cxEED
104 GILLESPIE STREET
FAYETTEVILLE, NORTH CAROLINA 28301
PH (910) 323--3400
FAX [phone]
Internet Site: http: //www.mckimcreed.corn
( IN FEET )
1 inch = 100 ft.
ECM
LCCA TION SURVEY
OF A PORTION OF
LOT1 OF`� FORMER MONSANTO PROPERT"If
AS RE UP-0ED IN PLAT BOOK 110, PAGE 00
F_1rr
DAK AMERICA , L L.0 P-ND CLEAR PATH RECYCLING, LLC
DATE: J ANUAI, ,'i 8, 2009 SCALE: 1" = 100`
CEDAR :?Wi`J 3HIP CUMBERLAND COUNTY NORTH CAROLINA
PROJECT # 055570001
-:�ROJ. SVYR TEJ
DRAWN BY : CLM
SHEET # 1 0"F 1
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!t
�ickle, Ken
From:
Lawyer, Mike
Sent:
Monday, August 17, 2009 1:51 PM
To:
Pickle, Ken
Cc:
Jones, Jennifer
Subject:
RE: Clear Path Recycling, Fayetteville, Application Return
Ken & Jenn (heh, you two should be on TV..." The Ken & Jenn Show."),
Ummm, anyway, I tend to oversimplify things so I offer the following short response:
-1 think they should get an NCS permit considering the known and unknown nature of their post -consumer "raw"
materials. Visual Monitoring alone under NCG13 just doesn't seem adequate for a facility of this size with their proposed
activity.
-1 was unaware of the property being a Brownfield site, but yes this facility used to manufacture Round -Up (another
reason to capture them under an NCS permit).
-To my knowledge, there is no formal process to "transfer" ownership/responsibility of outfalls. That is something each
of the three facilities should work out amongst themselves to avoid duplication of monitoring efforts and document in
their respective SPPPs accordingly. Maybe they should devise an identification system to reflect ownership and post
signs at each outfall location. Something like SDO DAK001, 002, etc.; DUP001, 002, etc.; CP001, 002, etc. (I recognize we
cannot require this, just something we could recommend to facility staff to avoid confusion).
-Unfortunately, I have not been able to conduct a site visit as I have expressed to Jenn that I would do. Its not
completely out of the question (the facility is not far from our office), but with the end of our work year (September
30t") rapidly approaching and trying to get in my required compliance inspections, I likely won't do one unless deemed
absolutely necessary (sorry O).
-If its possible for the respective facility staff from each of -the three companies located within the expansive property to
meet, share site plans and monitoring details, that would be ideal. Again, something we cannot require, but can
recommend so that facility personnel are all on the same page.
-Ms. Wike, with DAK I believe, was supposed to submit a site map showing the separation of property and outfall
locations. I take it she has not done this?
©K so maybe a not -so -short response, but I still like to keep things as simple as possible.
Mike
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct: [phone]
Main: [phone]
Fax: [phone]
e-mail: [e-mail] (please note that my e-mail address has changed)
*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pickle, Ken
Sent: Friday, August 14, 2009 12:49 PM

To: LAyer, Mike
Ec: Jones, Jennifer
Subject: Clear Path Recycling, Fayetteville, Application Return
Hi Mike,
Any comments from FRO on the following?
in Jennifer's absence I've.picked up an application from Clear Path Recycling (on the site of the old Monsanto, and DAK
Americas). I think this may be a high profile operation in your region.
You may already know that these are the guys going to operate the largest PET recycling facility in the world. On August
10, 2009 we received their'request to transfer outfalls' from DAK to Clear Path. I've returned their package
unprocessed with instructions to call me about sufficient submittal requirements - apart from me wanting to know more
about the site, they have not submitted an application fee, which makes it impossible for me to look at their'request to
transfer outfalls' as an acceptable NCS application. (It looks like they may have already responded partially to a request
from Jennifer for more information, in that they submitted a large survey drawing of that part of the complex that
contains the Clear Path operations.)
My return was based on this logic string:
a) They asked that we 'transfer' some of the outfalls to Clear Path. Administratively I don't know what that means. I
interpreted their'request to transfer outfalls' as a 'partial' name/ownership change request that amounts to seeking
coverage under the provisions of DAK's permit without getting their own permit.
b) DAK is a different company, and they operate a different industrial activity than this recycling facility; Clear Path has
raised no arguments to substantiate that the NCS that was crafted for DAK would be appropriate for Clear Path. In —
effect I have rejected their request for a partial name/ownership change under DAK's permit. I.,
c) Site conditions are such that DAK and Clear Path share one sw outfall (#001), but the Clear Path facility will have
numerous other dedicated sw outfalls; .DAK has representative outfall status for their single #001 outfall. The previous
reasons not withstanding, I see no reason to complicate,the administration of the DAK permit based on our probable
unwillingness to accept #001 as representative of the several Clear Path outfalls.
From here forward:
d) I've left a message for the named contact in the submittal package, but haven't spoken with her yet.
e) I invited Clear Path to call me as part of my application return letter. If our discussions with Clear Path suggest no
unusual concerns, they may be eligible for a Certificate of Coverage under NCG13 (non-metal recycling), rather than an
NCS. It's less work for us to grant coverage under NCG13, therefore it is somewhat attractive to us, It seems important
to note that NCG13 only requires visual monitoring.
f) However, materials sent in with their 'request to transfer outfalls' included: indications that the site is a brownfields
site (isn't this the old Roundup factory?); their description of the process included the phrases,'post-consumer' and
'highly contaminated bottles'; the submitted materials show absolutely no provisions for stormwater management
other than the remnant storm drain system from previous operations, prior to the above ground demolition work; we
don't have a post -development site plan, only the site plan that reflects the previous operations - - meaning that they
have not indicated how their facility will be configured as to industrial activities - - which makes it hard for us to assess
potential stormwater risks as we consider whether to grant coverage under NCG13 vs NCS.
g) I imagine that in discussion Clear Path may be able to satisfy me as to NCG13 coverage if they will explain away the
brownfields concern, provide a site plan that shows the intended configuration rather than the now demolished
configuration, and speak to potential pollutant load from acres of plastic soda bottles. I note that the 'post consumer'
part raises the possibility of pollutants that were not in the original containers.
So, all of that to say, Any comments from FRO on site history or preference of NCG13 vs NCS?
Ken

Beverly Eaves Perdue
'Governor
HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
Ms. Elizabeth Wike
Clear Path Recycling
POB 2260
Leland, North Carolina 28451
��c�y�r LAM
August 14, 2009 +C'a/lid./zlc�l4 6+J✓�kQ - L,g,,,l
Subject: Return #1222
Request to 'transfer existing out -falls'
Clear Path Recycling, Fayetteville
Cumberland County
r
Your request to 'transfer existing outfalls' to Clear Path Recycling received on August 10, 2009, is being
returned unprocessed due to:
&'�Appllcation fee check made payable to NCDENR is missing'.
3"Application is incomplete.
13 Application package is missing the supporting documents.
❑ Missing copy of county map or USGS quad sheet'with facility clearly marked.
❑ Other �. Tf- jj arrafe 1'a 4 ,47.4eerin:
--—�
Z . BdraC/tra %.S �o rP fti/r� /. ca �ia�s_ �»;.�siin a theP e
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14,7; c APd w p 7.1r:s RAP /,'c a¢i e, in firer a6 sin c e.
Please contact Ken Pickle at [phone] for clarification of submittal requirements.
f�, �irsf ;ss46. A(Ca / a m{ AIC S ?
deC%dam � d se- o� %losFdYisf s 0 7
DWQ Stormwater Permitting Unit
Cc: Mike Lawyer, DWQ Fayetteville Regionai•Office 1e-110-r dnl�,
SPU County Files: Cumberland County Jele.- mn77
601-WS o7 Sll�.r�, �1 deCul�tc'nT9
Wetlands and Stmmrater Branch
1617 Mal Service center, Raleigh, North Can,Gna 276W1617
Location: 512 N. Safisbury St Raleigh. North Carolina 27604
Phone: [phone]M % FAX: [phone]. Customer Service: i-877-623-6748
Internet www.ncwaterquarty.org
Aa Equal Opporh r* t Affimmatm Acbm Employer
NorthCarolina
AlIturallJ

sv,
rN
S
6

Pickle, Ken
From:
Pickle, Ken
Sent:
Friday, August 14, 2009 12:49 PM
To:
Lawyer, Mike
Cc:
Jones, Jennifer
Subject:
Clear Path Recycling, Fayetteville, Application Return
Hi Mike,
Any comments from FRO on the following?
In Jennifer's absence I've picked up an application from Clear Path Recycling (on the site of the old Monsanto, and DAK
Americas). I think this may be a high profile operation in your region.
You may already know that these are the guys going to operate the largest PET recycling facility in the world. On August
10, 2009 we received their'request to transfer outfalls' from DAK to Clear Path. I've returned their package
unprocessed with instructions to call me about sufficient submittal requirements - apart from me wanting to know more
about the site, they have not submitted an application fee, which makes it impossible for me to look at their'request to
transfer outfalls' as an acceptable NCS application. (It looks like they may have already responded partially to a request
from Jennifer for more information, in that they submitted a large survey drawing of that part of the complex that
contains the Clear Path operations.)
My return was based on this logic string:
a) They asked that we 'transfer' some of the outfalls to Clear Path. Administratively I don't know what that means. I
interpreted their'request to transfer outfalls' as a 'partial' name/ownership change.request that amounts to seeking
coverage under the provisions of DAK's permit without getting their own permit.
b) DAK is a different company, and they operate a different industrial activity than this recycling facility; Clear Path has
raised no arguments to substantiate that the NCS that was crafted for DAK would be appropriate for Clear Path. In
effect I have rejected their request for a partial name/ownership change under DAK's permit.
c) Site conditions are such that DAK and Clear Path share one sw outfall (#001), but the Clear Path facility will have
numerous other dedicated sw outfalls; DAK has representative outfall status for their single #001 outfall. The previous
reasons not withstanding, I see no reason to complicate the administration of the DAK permit based on our probable
unwillingness to accept #001 as representative of the several Clear Path outfalls.
From here forward:
d) I've left a message for the named contact in the submittal package, but haven't spoken with her yet.
e) I invited Clear Path to call me as part of my application return letter. If our discussions with Clear Path suggest no
unusual concerns, they may be eligible for a Certificate of Coverage under NCG13 (non-metal recycling), rather than an
NCS. It's less work for us to grant coverage under NCG13, therefore it is somewhat attractive to us. It seems important
to note that NCG13 only requires visual monitoring. .
f) However, materials sent in with their'request to transfer outfalls' included: indications that the site is a brownfields
site (isn't this the old Roundup factory?); their description of the process included the phrases, 'past -consumer' and
'highly contaminated bottles'; the submitted materials show absolutely no provisions for stormwater management
other than the remnant storm drain system from previous operations, prior to the above ground demolition work; we
don't have a post -development site plan, only the site plan that reflects the previous operations - - meaning that they
have not indicated how their facility will be configured as to industrial activities - - which makes it hard for us to assess
potential stormwater risks as we consider whether to grant coverage under NCG13 vs NCS.
g) I imagine that in discussion Clear Path may be able to satisfy me as to NCG13 coverage if they will explain away the
brownfields concern, provide a site plan that shows the intended configuration rather than the now demolished
configuration, and speak to potential pollutant load from acres of plastic soda bottles. I note that the 'post consumer'
part raises the possibility of pollutants that were not in the original containers.

So, all of that to say, Any comments from FRO on site history or preference of NCG13 vs NCS?
Ken
E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw, and may be
disclosed to third parties.

ew i ke.La) aIaAa'o&1, -1e.Rs. GoA
Clear Path Recycling LLC
5925 Carnegie Blvd • Suite 500
Charlotte, NC 28209
704.940.7555 • fax [phone]
August 6, 2009
Ms. Jennifer Jones,
Environmental Engineer
�
+J►�lt
NC DENR DWQ j Stormwater Permitting Unit
z�
n
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Stormwater Permit for Clear Path Recycling LLC
g
o
Stormwater Permit for DAK Americas, LLC Permit No. NC0003719CD
Fayetteville, Cumberland County, NC
Dear Ms. Jones:
This application package is being submitted to obtain a stormwater permit for Clear Path Recy-
cling LLC, a newly formed corporation. Clear Path Recycling has obtained 53 acres that was
formerly part of the DAK Americas 172-acre tract located in Fayetteville, Cumberland County,
NC. DAK Americas LLC currently has stormwater outfalls from the site permitted under
NPDES Permit No. NC0003719. Some of the DAK outfalls are now part of Clear Path Recycling
(CPR). The attached table and site plan show the outfalls that are part of the CPR operation and
the outfalls that are remaining in the DAK operation.
Clear Path Recycling plans to construct a recycle bottle facility inside two existing buildings.
Bottle storage will be outside on existing impervious areas. Process wastewater from the recycle
bottle operation will be treated in a new pretreatment system prior to treatment further in DAK's
biological wastewater treatment plant permitted under NPDES Permit No. NC0003719.
At this point, Clear Path Recycling is asking DE to transfer the existing outfalls from the
name of DAK Americas LLC to the name of Clear at Recyc rng a attac ocuments
show the relationship between Clear Path Re�inaest is for a
change incorporate ownershi .There w► nge in operations at this time 1?R-an-��
ticipates that the layout and dest a new recycle bottle acility w► be c"plant
complete
next two months. Should the design of the recycle bottle facility result i e
land disturbing activity, CPR will submit additional information to allow D
stormwater permit that will cover the facility that will be built for the recycletion. 1
If you have questions or need additional information, please call Elizabeth Wike at (910) 512-
4483.
Sincerely,
Chris Bradley
Vice -President — Operations
NL o003719: 0,4�� �-in��%cis Gea�ar C����
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I bPb- M (L
LOCATION 5Ui
PROJECT / : 64997000T
/��i��/►1
�•y��i,t./
OF A PORTION OF
: TEJ
PDRA
�i�7/1�. }��[7�'•ETJ�^�1'��J
LV CREED
LOT '! {)F 7FtE FARMER 11AOlelSAiVTO PROPERTY
BY
aR►.veu BY : ay
O
AS RECORDED IN PLAT BOOK 110, PAGE 08
Si R : 1 � R
Tao C)I.LEP.,�FE STREET
FOR
FAYETTE,AU.E, NORTH CAROLN.A 2g3a)
PH;-3400
DAK AMERICAS, LLC AND CLEAR PATH RECYCLING, LLC
FAX (sta) 323-5232
DATE-- JAN()ARY 4 2009 StA1 r:.1• - 1O0'
rntmnel Site: http://wr..McXI-1d,c-
rsnan CsecvK m-P p CUMBERLAND COUNTY NORTH CAROUNA

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(depicting Guardhouse, Access Easement Area, Yips Bridge
Easement Area and Tenant Rail Easement Area)
wrRr �r.rl..
.L w ion n"•oia�
CEDAR CRM ROAD (NC HIGHiwA f 53/210) 12W M13LSC it/w
L� w usa
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o b �
16, Wide Track
Access Easement
(being Tenant Rai]
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p JIA. � RI
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A9 IN PU
,w mlma a.NNWR1�RDED
r.x.xrpc RPltl al.a.ul x+.L.
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IL =M
a rlLiL a.,....
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' PLANT BOUNDARY`—
w/HwY. 53 '
s f DRAINAGE AREA 2
APPROX. 6-4 ACRES
Ox EMPERVIOUS
ALPHA AVENUE f
l
.f
a
4
1
BRAVO AVENUE
s
CHARLIE AVENUE
DELTA AVENUE
ECHO AVENUE
a
i
FOXTROT AVENUE
z
n
s GOLF AVENUE
HOTEL AVENUE
VDIA AVENUE
-- - --��-----------
H
z.a
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w
a
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LR
z
In m
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f PARKING k3LQ-
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f '
t ❑ i
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00 00�0
i OUPONT
PROPERTY
1
l
1
'I
f
i
f
JULIETTE AVENUE
ALONG-TWE& 310ATE52 trMRNAW
SUB pARKtNG
STATION
PPROX. 0.6
40-I. RAPER'
C
PIPd_j 0
f
ou.w r u
au .rtRvcs,f
vcl
;; 5E.
DRAINAGE AREA 3
APPROX.23-2 ACRES
647 imPERVIDUS
0
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)RALNP#E AREA 7-
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32Z I ERVIOUS
0
p
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V H M
I
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1 INTAIKE _
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_ CAPE
PROPERTY
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f
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ET
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/r
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D � FORS AT l
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e __J•���r
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* FAVETTEVILL£
N.C. —
STORM SEWER
SITE PLM
FAYETTEVILLE SITE
1147 1 743 D 01 C 1001 A
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F.asCTnenC
n A
s.
(depicting Parldng Lot Easement, Landlord Railroad Easement Area
and Temporary Space Usage Area)
1
CWAR (BEER RW (NC KGHWAY 35/219) IZV PIfUUC R/N' r..:" • " +•�
ai'waY lw<I wo
$7
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]car Scale Weight
Rail Easement Non I
the Tcwpora y Spacc
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--
M.nrrurr a •err' vtar . aQ

STORM WATER MAIN AND OUTFALL EASEMENT
EDIT D-2
SHADED AREA IS STORM WATER
MAIN EASEMENT AREA

FIRE WATER RING MAIN EASEMENT
EXHIBIT D-3
A II I
A 45,
rl
r
44-
Flo'
, fl�
FIRE WATER RING
MAIN EASEMENT

t�
RY
*SITE
TRACT 1A
%p TRACT 1 `Airyc 210
NCURTH
N/F-NOW OR FORMERLY
R/W-RIGHT OF WAY
--- - - - - PROPERTY LINE
- ADJACENT PROPERTY LINE
- - RIGHT-OF-WAY
FENCELINE
SID STORM DRAIN
RAILROAD TRACKS
OVERHEAD UTILITIES
CLEANOUT
SANITARY SEWER MANHOLE
© STORM DRAIN MANHOLE
DI 0 DI -DROP INLET (STORM DRAIN)
f WATER VALVE
�C,° FIRE HYDRANT WITH BOLLARDS
!E. WATER VALVE WITH BOLLARDS
MONITORING WELL
AREA LIGHT
LANDSCAPE LIGHTING
TELEPHONE PEDESTAL
UTILITY BOX
PP • POWER POLE
G ANCHOR
SITE ADDRESS
3468 CEDAR CREEK RD. (NC HWY 53/210)
FAYETTEVILLE, NORTH CAROLINA 28312
AfaA: (BY COORDINATE COMPUTATION)
TRACT 1 - 5,192,887 SF 119.21 ACRES
TRACT 1A - 2,291,491 SF 52.61 ACRES
TOTAL 7,484,378 SF 171,82 ACRES
SUBJECT PROPERTY INFORMATION
DB. 6379 PG. 812
P8. 110 PG. 009
NOTE :
1) ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES
UNLESS OTHERWISE NOTED.
2) ACCORDING TO DAK PERSONNEL THESE VAULTS AND MANHOLES
ARE PART OF A DEFUNCT ELECTRICAL SYSTEM AND
ARE CURRENTLY NOT IN USE.
3) NONCONFORMING STRUCTURES HAVE NOT BEEN CREATED BY THIS
SURVEY.
4) THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA
OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT
REGULATES PARCELS OF LAND,
5) NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT.
6) SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X, BEING THE
AREA DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL
CHANCE FLOODPLAIN, WITH THE EXCEPTION OF THE HATCHED
AREA SHOWN, WHICH IS IN THE 0.2% ANNUAL CHANCE FLOOD.
FLOOD INFORMATION SHOWN IS AS TAKEN FROM NFIP-FLOOD
INSURANCE RATE MAP, MAP NUMBER 3720046400J, PANEL
0464J, EFFECTIVE DATE: JANUARY 5, 2007,
ZQ.NE: MP (PLANNED INDUSTRIAL DISTRICT)
FRONTYARD = 100 FEET
SID£YARD = 50 FEET
REARYARD - 50 FEET
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE S - SECTION II - EXCEPTIONS
2. EASEMENTS BETWEEN MONSANTO COMPANY AND CARODEL CORPORATION RECORDED 1N BOOK 3120.
PAGE 594; AND BOOK 2704, PAGE 757, 763, 771 AND 774, CUMBERLAND COUNTY REGISTRY. (ALL
DO NOT APPLY TO SUBJECT PROPERTY)
3. EASEMENT BETWEEN MONSANTO COMPANY AND FIBER INDUSTRIES, INC. RECORDED IN BOOK 2811,
PAGES 92, 95, AND 98; AND BOOK 2815, PAGE 795, CUMBERLAND COUNTY REGISTRY. (ALL DO
NOT APPLY TO SUBJECT PROPERTY)
4. EASEMENT TO NC NATURAL GAS CORPORATION RECORDED IN BOOK 4578, PAGE 826, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY).
5. EASEMENT(S) TO CAROLINA TELEPHONE AND TELEGRAPH COMPANY RECORDED IN BOOK 702, PAGE
580; (BLANKET EASEMENT; NO SPECIFIC LOCATION)
AND BOOK 2434, PAGE 829 (RIGHT TO CONSTRUCT GUY WIRE ANCHOR; NO SPECIFIC LOCATION
GIVEN), CUMBERLAND COUNTY REGISTRY.
6, EASEMENT(S) TO CAROLINA POWER AND LIGHT COMPANY RECORDED IN BOOK 817, PAGE 438
(BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK 491, PAGE 191 (BLANKET EASEMENT;NO
SPECIFIC LOCATION); BOOK 455, PAGE 177 (BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK
2414, PAGE 480 (BLANKET EASEMENT; NO SPECIFIC LOCATION); AND BOOK 2473, PAGE 359, (AS
SHOWN ON SURVEY MAP)CUMBERLAND COUNTY REGISTRY,
7. EASEMENT(S) TO THE NORTH CAROLINA STATE HIGHWAY COMMISSION RECORDED IN BOOK 809, PAGE
317(DOES NOT APPLY TO SUBJECT PROPERTY); BOOK 2387, PAGE 540 (DOES NOT APPLY TO
SUBJECT PROPERTY);BOOK 2391, PAGE 269 (RIGHT OF WAY LINE AS SHOWN ON SURVEY MAP);AND
BOOK 2391, PAGE 271 (TEMPORARY CONSTRUCTION EASEMENT), CUMBERLAND COUNTY REGISTRY.
B. AGREEMENT'S WITH SEABOARD COASTLINE RAILROAD COMPANY AND ASSIGNMENT OF AGREEMENT
RECORDED IN BOOK 2272, PAGE 97 (AS SHOWN ON SURVEY MAP); BOOK 2411, PAGE 699 (BLANKET
EASEMENT; NO SPECIFIC LOCATION); AND BOOK 2756, PAGE 227 (AS SHOWN ON SURVEY MAP),
CUMBERLAND COUNTY REGISTRY.
9. UTILITY EASEMENT TO CITY OF FAYETTEVILLE RECORDED IN BOOK 5915, PAGE 780, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY)
10. RIGHTS OF OTHERS IN AND TO THE CONTINUED UNINTERRUPTED FLOW OF CAPE FEAR RIVER.
11. EASEMENT AGREEMENT BETWEEN DAK RESINS, LLC AND MONSANTO COMPANY RECORDED ON BOOK
6430, PAGE 691; AND BOOK 6593, PAGE 141, CUMBERLAND COUNTY REGISTRY. (MONITORING WELL
EASEMENT AS SHOWN ON SURVEY MAP)
PK NAIL SET AT THE CENTERLINE INTERSECTION
OF JOHN B. CARTER RD. (SR 2D10) &
CEDAR CREEK ROAD (NC HIGHWAY 53/210)
EASEMENT
CAROLINA POWER & LIGHT COMPANY
HIGHTWAY RIGHT OF WAY LINE
CP&L DRAWING # RW—D-566, N.C. DEPARTMENT OF TRANSPORTATION
SHEET 2 EASEMENT DS 2391, PG 269
P�.[� S51 *14'1 WE CAROLINA POWER & LIGHT COMPANY CEDAR CREEK ROAD (NC !- I G H W A Y 53/210) 12 C PUBLIC R / V V STATE HIGHWAY PROPJECT 6.801882
172,50' TIE CP&L DRAWING # RW--A-4292
( ) DB 2473, PG 359
PIP IRS pp S68'45'05"E 1183.52' (TOTAL)
PIP PIPECM
PP PIP
! 7— rlAl_
518.96' _ _--
WATER / (PARKING LOT EASEMENT) ► POINT OF BEGINNING VAULT I , / / / r i r / / / / r r
/ I / // /� SIGN WITH LIGHTS f CONTROL CORNER
/ CONC. FLUME / I I / I I / / I I I / I I l -- DI�
,� 'f / l / / / / / I ^I / / /� DI DI DI r
MASONRY UTILITY in PARKING LOT AND !
BUILDINGGATE P DRIVEWAY EASEMENT
VICINITY MAP z / l / / I'r / / / / 9~ �
// AREA (UNSTRIPED) �ft
(NOT TO SCALE) / / / / / / / / / / / / rIt
o
EXISTING / / / / / N
BASELINE OF A 940 BUILDING CORNERS PROGRESS � � / /
CP&L ELECTRICAL EASEMENT ENERGY / /5.0' FROM BOUNDARY LINE / DI 21n
LEGEND: DS 2473, PG 359 SUBSTATION / ` j = / GUARD f
IRS IRS -IRON ROD SET / DI / / /' / I HOUSE tip J
®P� EIP-EXISTING IRON PIPE METAL I/ / / / / / / / / / / / / / / / / � GATE I �"`� iW N68'45'16"W 219.35 IRs (
/ CHAIN LINK FENCE . !- I o I �
ECM -EXISTING CONCRETE MONUMENT CONTROL 51.0' / / / / II 15" RCP t a,lu
PK� BUILDING I j / / / / / /L26
Q PK-PK MASONRY NAIL SET / / / / / / / / / " / / / / N68 47 22 W 1100.33' TIE GATE t N/F
PMQ PM -PUNCH MARK SET METAL V
( ) CP.1 / N68'S8'35 W / / I +I E.M.STARLING - 6.�, �r V
SUBSTATION / / / / / I / / / 144.56' / / r DI3 983, PG 123 00 .k G P5
Q CP-COMPUTED POINT BUILDING / I / /
/ / / / , / r / / / / r 1 I]
IRS / — r— � _ � r _ _ I I / i _r__� r r i
1 �
L4 ,t
----------- --- T-------------nu -- JB--------- �__ -E-----------
ECiA h �t0 -- --= -� a°—__ GRASS AREA ---------------- M�-�- QQ,�
N F T 7 �L24 /�'� / / I � 7 —T — 7 '/-' 7 —1' T 68'45'47£� 6. -% — i '- _ �f/ I ECM RS - 154.58' _ _
/�/ /�6'---- N68'45'16"W —
PLANT CONTROL MONUMENT —AC UNIT N68'44'02"W 641,05' / `O�
R=23+50 FLAG GRASS ON CONC PAD MONITORING WELL EASEMENT �� � M GRASS 17
N6336. 1' POLE AREA AGREEMENT BETWEEN DAK RESINS, LLC �/ / c.a�
5=4+00 336.91' � AREA PLANT CONTROL MONUMENT
GRASS AREA IN FAVOR OF MONSANTO COMPANY �\ / ti R=12+50
SIDEWALK DB 6430, PG 691 e'��r S=4+00 INSET 'B'
DB 6593, PG 141 N44'53'25"W
65.73'
WA
SIDELK GRASS AREA. ��l
Li
ASPHALT CONC PAD /
\ � -ECM S68'46'32"E 717.28' EIP
VAULT AREA WITH MANHOLE 0 MANHOLE ���( - - -- --
DI 9 \ �] � 568;37�7;E 442.32'
_
METAL VAULT / / ^/_ / 1 / / / — / I SS 9 3
(SEE NOTE 2) N68'31'24 W 407.86 �� r/ 1 3d7
CONC SLAB SEE NOTE 2)
4
(
CONC WITH RAMP � N32'12'12 W 1\ems
DRIVE ASPHALT 53.45' �t
TT AREA
J 80.00'I TRACT 1 A
M
_t tN 'JAI& 5J vrG, 0 � 2� 9�
N F �!aNi EDGE OF CONCRETE 0.
/ tl FOUNDATION G
DAK RESINS, LLC N co GRASS AREA ='� ®yf-
DB 6379, PG 812 z
PB 110, PG 09 /l
TRACT 1 I CONC
SLAB ��'� WARD D
GRASS c°0\ DI
/ Cp Its EDGE OF CONCRETE AREA ONCRETE
S68'50'14'£ FOUNDATION / '
SIREN LE v 1
I METAL POLE /
1C.00' j 1� -
TC14. 10 bridge GRASS VAU T \� T PARKING LOT AND
v. I GRASS 7tl�on AREAto
AREA�� DRIVEWAY EASEMENT
w II° -'�• /�� (RUNS WITH EXISTING DRIVEWAY)
i0 I I a 80.00, \
AREAGRASS CONC
r _ SLAB
04 I i to N68-49'46'W
IRS y /
a I PM
363,55'
CPI CP r� -— — t - ---
0. _- `
" MANHOLE ` ASPHALT DI AREA
_ -- - N76'1411 W j ')
90.08' _ GRASS AREA GRASS AREA GRASS AREA /
g brlcl e ,
�� mdation -' !j ASPHALT
pipe bridges � pl AREA DI � / ON
INSET 'A LRAS.S.ARE,,
FOR 10' WIDE '4oundation/ SLAB
PIPE BRIDGE EASEMENT GRASS CONC LANDING WI_� / DI
AREAS NTH STEPS
BOUNDARY LINE RUNS CONC SLA DI
�NG AND NEAR THE CONCRETE WITH RAMP /
LINE TABLE
LINE
LENGTH
BEARING
Li
38.42
S00'55'58"E
L2
49.15
S53'16'10"
L3
38.60
N24'45'0 "W
L4
27.17
S6737' "
L5
56.41
S43'49'29"
L6
105.16
S17'31'1 "W
L7
116.58
Q1-19,08"W
L8
99.03
S23'36'16"W
L9
84.71
S35 '06"W
00
22.90
S68'45'16"
L11
72.84S36-22-38-LN
L12
91.04
N38.41'38"
L13
87.24
N '
L14
66.72
N20'43'39"
L15
50.25
N2117'42"
1-1 fi
129.97
N10'38'42"E
L17
39.18
N56'02'05'
L18
38.28
N3843'13'W
L19
55.37
N28'53'48"W
L20
47.07
N1821'08"E
L21
57.65
N09'3 '28"W
L22
23.26
N20'41'49"
L23
98.91
S68'36'19"
L24
23.37
S77'18'28'E
L25
28.95
N72'48'17"
L26
8.471
N1831'09"E
Land diaturhed
pre-tre83mm!
5709 wuam {t.
Pipe bridge aectinn 1
2750
Pipe bridge gmtiun 2
2500
Pipe bridge ne ctian 3
1300
Pipe bridge %mti n 4
625
Pipe bridge matron 5
2100
Pipe bridge ee; mo h
1 I11(1
Substation
750
Truck wait-
1540
Office trniier
I'M
Silo PmI
6400
C emgar. or
f300
Area between buildirip
a984
T4"m1 fislilme I't.ITN tnrbeti
29%99
One Acre Equrarc. 11,
Land gcrey Y dlarurhrrl t#,h12 8CET5
CONC
1Do. Do, -�I SLAB
RAILROAD TRACK AGREEMENT WITH
o ,, SEABOARD COAST LINE CO.
"o DB 2756, PG 227
N Ld DB 2272, PG 97
ah
BOUNDARY LINE RUNS
ALONG AND NEAR THE CONCRETE
FOUNDATION
N 21'23'07"E
11.93'
S78'04'41"E IR5N
-
3 5"
--
y 77.27'
S71'52'53"E
N68'50'14W S7433'41 "E
S82'52'55"E
54.08'
26.42''
26.73' N68'54'39"
1.87'
1
"N6 0
S71'1,
^
N21'23'02"E
4T`
18 61' I
:..
3O 08'
PK r, IRS
IRS 68'481 23 .41 IRS
N54`47'26"W ASPHALT
L2�Iv IRS
l�ft 1 IRS IRS
IRS
67.42' AREA
CP5_- L2a cP.L2'
Z
N49'05'11"W
,
EASEMENT LINE CORNERS
ARE 8 FEET FROM RAILROAD
TRACK CENTERLINE
(TYPICAL)
FOUNDATION
IRS
N68.47'28"W
o � �
C) r \
q
S21'17'16"W S110 Pali
19.$ " pit
�. 10' WIDE
PIPE BRIDGE EASEMENT
i 23 / SEE INSET 'A'
I
IRS S76'14'11'E a.
160.68'
tc
r
CONC
D
RAILROAD SPUR
3%6, y
g Cp /% 66.27
CP
Car C.e``1
RAILROAD
EASEMENT LINE TABLE
LINE
LENGTH
BEARING
L27
16.00
S21'23'02"W
L28
80.73
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16' WIDE TRACK B
ACCESS EASEMENT 3
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ARE 8 FEET FROM RAILROAD N34'07'14'
TRACK CENTERLINE 31,45'
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104 GILLESPIE STREET
FAYETTEVILLE, NORTH CAROLINA 28301
PH [phone]
FAX [phone]
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DATE, JANU II 8,I 2009 SCALE: 1" = 100'
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ECM
400

Clear Path Recycling LLC
Change of Ownership
Application Package
1. Cover letter
2. EPA Form 1
3. EPA Form 2F
4. Lease between DAK Americas LLC and Clear Path Recycling LLC
5. Survey
6. Table 1. Outfadl Locations
7. Drawing, Showing Outfall Locations
8. Stormwater Sewer Site Plan — Fayetteville Site r

Pickle, Ken
From: Pickle, Ken
0ent: Wednesday, August 19, 2009 1:24 PM
o: '[e-mail]'
Cc: Jones, Jennifer; Lawyer, Mike; Bennett, Bradley
Subject: Clear Path Recycling stormwater permit application
Elizabeth,
Thanks for clarifying Clear Path's intent at your Fayetteville site on the phone yesterday. I now understand that Clear
Path's intent was to apply for an individual stormwater discharge permit.
1) We can begin processing Clear Path's application for an individual permit with resubmittal of the returned materials
(3 copies) you previously submitted, along with the addition of the following items:
a) A check for $860, the permit application fee. As I explained yesterday, we can't process the application without it.
b) A site plan that approximates the future, permitted industrial activity configuration, rather than the demolition
drawing of the site. You advised me that you had recently received such a drawing that may be sufficient for our review
purposes.
c) A fuller listing of the processing chemicals and materials that may be on site during the operation of the facility. We
discussed that Clear Path will have a caustic cleaning solution, baled PET bottles, wastewater resulting from the process,
possibly other detergents or solvents, PET flake product, and potentially other process chemicals and materials. In
addition to the necessary process materials, we're curious as to the potential contamination present in the PET bottles -
addition
we expect sugars from soft drinks? or phosphoric acid/carbonic acid as a result of soft drink residuals? Will the
PET materials include other types of bottles in addition soft drink bottles, and if so, what residuals might be expected in
those bottles? Will there be 'rejects' from the PET bales, and what might those materials be? We note that Clear Path
plans to segregate and recycle metals from the baled materials.
d) A brief narrative that speaks to the basis for the notation in the previous submittal that this is a brownfields site.
Why? What specific chemicals, materials, and conditions established the brownfields status?
e) Brief comments on any potential consequences wrt stormwater runoff due to the site's previous industrial activity in
the production of Roundup?
f) The previous submittal sought a stormwater permit to discharge runoff from outfalls labelled A, B1, B2, B3, C, D, and
E. Can you provide a statement clarifying the intent that the other outfalls shown on some of the submittal materials
will remain the responsibility of DAK Americas? Other identified outfalls included outfalls F, G, H, and 'Plant Outfall'. It
appears that the some of the remaining DAK outfalls will receive runoff from a portion of the Clear Path activities, but
we can accommodate that circumstance without any special effort - we just need to be clear that that is your intent.
2) Just to clarify our intent, we seek the information in items c), d), and e) above so that we might have a beginning idea
of appropriate monitoring parameters at this site. We seek information in items b) and f) to be sure we understand what
industrial activities, what areas, and what outfalls Clear Path will be responsible for.
3) Two items in the previous submittal are of no interest to us in processing Clear Path's application, and so please don't
esubmit them: upon review of the —30 page lease agreement, it's not useful for our purposes; similarly, our review
annot take into account any of the information in the unexecuted Brownfields Agreement Affidavit for a parcel in
Charlotte(?).

4) We discussed the possibility of coverage under a General Permit, NCG13, for recycling non-metal materials. My
opinion, and the opinion of the Fayetteville Regional Office, is that this facility potentially presents risks and
uncertainties that are a reason for us to be cautious in the initial permitting approach. It may be that some time after
tart up, and with the accumulation of substantiating monitoring data, we might favorably review a request for coverage
nder the General Permit.
Please call me with any questions.
Ken Pickle
DWQ Stormwater Permitting Unit
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be
disclosed to third parties.
0
•
C
A_UfG!„�"7L n-7
• �l,��6��� � � res��sc �G y :�a��' �
2

Clear Path Recycling LLC
5925 Carnegie Blvd • Suite 500
Charlotte, NC 28209
704.940.7555 - fax [phone]
September 11, 2009
Mr. Ken Pickle
NC DENR I DWQ j Stormwater Pernutting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Clear Path Recycling Individual Stormwater Permit Application
Dear Mr. Pickle:
Thank you for your comments on the Individual Stormwater Permit Application from Clear Path
Recycling LLC which was submitted to DWQ on August 6, 2009. This letter is to confirm that it
is the intention of CPR to apply for an individual stormwater permit and to resubmit the applica-
tion with the additional information you requested in your email of August 19.
So that you can process Clear Path's application for an individual stormwater permit:
a. The application fee of $860.00 is enclosed.
b. A site plan that shows the future, permitted industrial activity configuration is en-
closed.
c. The process chemicals and materials that may be onsite during the operation of the fa-
cility are listed below:
Chemical/Material
Maximum
Units
Stor__. ay_e Area
uantit
NaOH (50%)t
127,000
lbs
In a concrete containment area
west of the building
Sulfuric Acid 94%2
102,000
lbs
In a concrete containment area
west of the building
Detergent (2% Caustic) 3
72,000
lbs
Inside Building
Master RP10
Defoamer4 — ANS TH
2O,000
lbs
Inside Building
Wetting Agents - Master S4
4,000
lbs
Inside Building
Flocculant
12,000
lbs
Inside Building
PET Flake
1,000
tons
Silos — 4 — to be located on 40 ft. x
160 ft area shown on site plan.
PET Bales
25,000
tons
Outside on concrete or asphalt
MSDS for Caustic is attached.
2 MSDS for Sulfuric Acid is attached.
3 MSDS for Detergent is attached.
4 MSDS for Defoamer is attached.
5 MSDS for Wetting Agent is attached.

Chemicals are stored either inside one of the two process buildings or in concrete con-
tainment areas. Potential contamination from the PET bottles is minimal.
d. The area of the Cedar Creek site covered by this permit application is currently an ac-
tive eligible project in the NC Brownfields Program. DAK Americas, LLC is in pos-
session of a letter of eligibility from the NC Brownfields Program stating that the prop-
erty is eligible for a brownfield agreement with the state. DAK has been working with
the state to finalize a brownfields agreement. Previous industrial landowners have left
the site with some levels of contamination that are above the current NC standards.
The brownfields agreement will allow DAK and Clear Path to operate the site with this
contamination in place while taking the protective measures listed in the agreement.
C. DAK does not believe that there are any potential consequences of stormwater runoff
due to the site's previous industrial activity in the production of Roundup.
£ With regard to which stormwater outfall will belong to CPR and which ones will be-
long to DAK, see Table I in the application. DAK understands and acknowledges that
some of the outfalls that are in the process of being transferred from DAK's NPDES
permit to DAK's stormwater permit by DWQ will drain a portion of the CPR site. See
the drawing that shows the drainage area for each outfalI.
2. If you need additional information to determine monitoring parameters at the site, please call
me at [phone] at my office or at [phone] on my cell.
3. With regard to the lease... Jennifer Jones had requested the lease to show that Clear Path Re-
cycling had acquired rights to this property and to demonstrate the relationship between DAK
and CPR. With regard to your comment about the "Brownfields Agreement Affidavit for a
parcel in Charlotte," I am uncertain what additional information you need. The Brownfields
Agreement discussed above is for the Clear Path Recycling facility in Fayetteville, NC; how-
ever, CPR does have a mailing address in Charlotte. Perhaps that is the source of the confu-
sion.
4. Clear Path Recycling recognizes that an individual stormwater permit is necessary at this
time. If, when the permit comes up for renewal or at some other point in the future, it makes
sense to pursue a General Permit, CPR will consider it then.
Sincerely,
E beth Wike
Environmental Engineer

Page I of
MSDS NUMBER: CF0901 ISSUE DATE: 01/18/02
----------------------------------------------------------------------
CAUSTIC SODA, LIQUID 50%
CF0901 Revised 6-SEP-1993 Printed 18-JAN-2002
----------------------------------------------------------------------
----------------------------------------------------------------------
CHEMICAL PRODUCT/COMPANY IDENTIFICATION
----------------------------------------------------------------------
Material Identification
Corporate MSDS Number : DUO00034
Formula : NaOH
Molecular Weight : 40.01
CAS Name : SODIUM HYDROXIDE
Tradenames and Synonyms
SODIUM HYDROXIDE 50% COMMERCIAL GRADE
CAUSTIC 50%
Company Identification
MANUFACTURER/DISTRIBUTOR
DuPont Chemical Solutions Enterprise
1007 Market Street
Wilmington, DE 19898
PHONE NUMBERS
Product Information 1-800-441-7515 (outside the U.S.
302-774-1000)
Transport Emergency CHEMTREC 1-800-424-9300(outside U.S.
703-527-3887)
Medical Emergency 1-800--441-3637 (outside the U.S.
302-774-1000)
------------------------------------------------------------------------
COMPOSITION/INFORMAT10N ON INGREDIENTS
----------------------------------------------------------------------
Components
Material
SODIUM HYDROXIDE
WATER
CAS Number %
1310-73-2 50
7732-16-5 50
-----------------------------------------------------------------------
HAZARDS IDENTIFICATION
----------------------------------------------------------------------
Potential health Effects
INHALATION
Immediate effects of overexposure may include: Irritation of the
nose and throat with sneezing, sore throat or runny nose.
Repeated and/or prolonged exposure may cause: Chronic respiratory
irritation which may progress to abnormal tissue structure or
scarring; impaired lung function and breathing difficulty may
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result.
SKIN CONTACT
Immediate effects of overexposure may include: Skin corrosion,
burns or ulcers.
EYE CONTACT
Immediate effects of overexposure may include: Corneal opacity or
clouding of the eye. Eye corrosion or ulceration - blindness may
result_
INGESTION
Immediate effects of overexposure may include: Burns of the mouth,
throat, esophagus and stomach, with severe pain, bleeding,
vomiting, diarrhea and collapse of blood pressure - damage may
appear days after exposure.
ADDITIONAL HEALTH EFFECTS
Increased susceptibility to the effects of this material may be
observed in persons with pre-existing disease of the: lungs. An
in -plant case -control study of 26 kidney cancer deaths was
conducted at a facility which produced multiple chemicals
including chlor-alkali products, plastics, chlorine, ethylene and
ethylene glycol. Significantly elevated risk estimates were noted
for the chlorine production area. While presumptive exposure to
asbestos and sodium hydroxide were judged likely to occur in
chlorine cell maintenance, each case may also have been exposed to
at least one of 64 different chemicals. These increased risk
estimates are based on a small number of exposed persons and may
be invalid due to the problem of multiple comparisons.
Carcinogenicity Information
None of the components present in this material at concentrations
equal to or greater than 0.1% are listed by !ARC, NF, OSHA or ACGI_H
as a carcinogen.
----------------------------------------------------------------------
FIRST AID MEASURES
----------------------------------------------------------------------
First Aid
IN I-TU'_1 AT ION
If inhaled, immediately remove to fresh air. If not
breathing, give artificial respiration. If breathing is
difficult, give oxygen. Call a physician.
SKIN CONTACT
In case of contact, immediately flush skin with plenty
of water for at least 15 minutes while removing
contaminated clothing and shoes. Call a physician. Wash
contaminated clothing and destroy contaminated shoes.
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EYE CONTACT
In case of contact, immediately flush eyes with plenty of
water for at least 15 minutes. Call a physician.
INGESTION
if swallowed, do not induce vomiting. Give large
quantities of water. Call a physician. Never give
anything by mouth to an unconscious person.
----------------------------------------------------------------------
FIRE FIGHTING MEASURES
----------------------------------------------------------------------
Flammable Properties
Flash Point : will not burn
Fire and Explosion Hazards:
Contact with aluminum, tin, and zinc metals can generate
flammable and explosive hydrogen gas. Follow appropriate
National Fire Protection Association (NFPA) codes.
Extinguishing Media
Use media appropriate for surrounding material.
Fire Fighting Instructions
Evacuate personnel to a safe area. Keep personnel removed
and upwind of fire. Wear self-contained breathing
apparatus. Wear full protective equipment. Cool
tank/container with water spray. Do not get water inside
container. Fight fire from a distance, heat may rupture
containers.
----------------------------------------------------------------------
ACCIDENTAL RELEASE MEASURES
----------------------------------------------------------------------
Safeguards (Personnel)
NOTE: Review FIRE FIGHTING MEASURES and HANDLING (PERSONNEL)
sections before proceeding with clean-up. Use appropriate
PERSONAL PROTECTIVE EQUIPMENT during clean-up.
Accidental Release Measures
Evacuate area and remain upwind. Wear full protective
clothing with hood and breathing air supply. Dike spill and
soak up with sand, earth, or other inert absorbar_t. Shovel
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up and remove. Prevent liquid from entering sewers,
waterways, or low areas.
The Superfund reportable discharge is 1,000 lbs_
Small spills of caustic soda should be carefully flushed
with water. Dilute acid, preferably acetic acid, may be
used to neutralize the final traces of caustic after
flushing.
----------------------------------------------------------------------
HANDLING AND STORAGE
----------------------------------------------------------------------
Handling (Personnel)
Do not breathe vapor or mist. Do not get in eyes, on skin, or on
clothing. Wash thoroughly after handling.
Handling (Physical Aspects)
Close container after each use.
Storage
Keep container tightly closed.
Store in clean, dry place to keep drums from rusting. Keep
drums in upright position. Do not roll on side. Do not
store with aluminum or magnesium. Do not mix with acids or
organic materials. Use only dry, clean utensils in
handling. Wash thoroughly after handling.
----------------------------------------------------------------------
EXPOSURE CONTROLS/PERSONAL PROTECTION
----------------------------------------------------------------------
Engineering Controls
Keep container tightly closed.
Use sufficient ventilation to keep employee exposure below
recommended exposure limits.
Personal Protective Equipment
EYE/FACE PROTECTION
Wear safety glasses with side shields or, where the
possibility exists for eye or face contact due to splashing
or spraying of the material, wear coverall chemical splash
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goggles/full-length face shield combination.
RESPIRATORS
A NIOSH approved air purifying respirator with a
dust/mist cartridge or canister may be permissible under
certain circumstances where airborne concentrations are
expected to exceed exposure limits. Protection provided by
air purifying respirators is limited. Use a positive
pressure air supplied respirator if there is any potential
for an uncontrolled release or any other circumstances where
air purifying respirators may not provide adequate
protection.
PROTECTIVE CLOTHING
Wear acid resistant gauntlet gloves, apron, and boots.
Where there is a possibility of considerable exposure, wear
a complete acid suit with hood, boots, and gloves.
4 Exposure Guidelines
Applicable Exposure Limits
SODIUM HYDROXIDE
PEL (OSHA) : 2 mg/m3, 8 Hr. TWA
TLV (ACGIH) 2 mg/m3, Ceiling
AEL * (DuPont) 2 mg/m3, 15 minute TWA
* AEL is DuPont's Acceptable Exposure Limit. Where governmentally
imposed occupational exposure limits which are lower than the AEL
are in effect, such limits shall take precedence.
----------------------------------------------------------------------
PHYSICAL AND CHEMICAL PROPERTIES
----------------------------------------------------------------------
Physical Data
Boiling Point 142 C (288 F) @ 760 _mm Hg
Vapor Pressure 2.9 mm q @ 25 C (77 F)
18 mm Hg @ 65.5 C (149.9 F)
Melting Point 13 C (55 F)
Solubility in Water : Infinite
pH : >12
Odor : None
Form : Liquid
Color : Clear to slightly turbid
Specific Gravity : 1.530 @ 20C (68F)
------------------------------------------------------ -_---------------
STABILITY AND REACTIVITY
----------------------------------------------------------------------
Chemical Stability
Stable under normal storage and handling conditions.
Decomposition
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Decomposes by reaction with amphoteric metals such as
aluminum, tin, and zinc to form flammable and explosive
hydrogen gas.
Polymerization
Polymerization will not occur.
Other Hazards
Incompatibility : Incompatible with acid, aluminum, copper,
tin, zinc, wool, leather, hydroquinone,
organic halogens, organic peroxides,
phosphorous, explosives, carbohydrates,
nitrocarbons, trichloroethylene, and
organic acid esters. Product absorbs
water and carbon dioxide from the air.
Reaction with water produces heat.
CAUTION:
This incompatibility list is not all inclusive. Sodium
Hydroxide will react violently with acids and many organic
chemicals. These highly exothermic reactions may lead to
pressure build-up and possible explosion.
----------------------------------------------------___---------------
TOXICOLOGICP..L INFORMATION
----------------------------------------------------------------------
Animal Data
Oral AID: 500 mg/kg in rabbits
Sodium hydroxide is corrosive to skin and eyes in tests with
laboratory animals. Toxic effects described in animals from
short inhalation exposures include acute laryngitis. By
ingestion, effects in rats included extensive necrosis of
the gastric mucosa. Esophageal necrosis and death occurred
in cats administered 1 mL of a 30.5% solution.
Animal testing indicates that this compound does not have
carcinogenic effects. Tests in bacterial or mammalian cell
cultures demonstrate no mutagenic activity.
ECOLOGICAL INFORMATION
----------------------------------------------------------------------
Ecotoxicological Information
Aquatic Toxicity
46-hour TLm, bluegill sunfish: 99 mg/L
96-hour TLm, mosquito fish 125 mg/L
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DISPOSAL CONSIDERATIONS
----------------------------------------------------------------------
Waste Disposal
Cleaned -up material may be an RCRA Hazardous Waste.
Treatment, storage, transportation and disposal must be in
accordance with applicable Federal, State, and local
regulations. Do not flush to surface water or sanitary
sewer system.
----------------------------------------------------------------------
TRANSPORTATION INFORMATION
----------------------------------------------------------------------
Shipping Information
DOT/IMO
Proper Shipping Name
Hazard Class
UN No.
DOT/IMO Label
Packing Croup
Shipping Containers
Tank Cars.
Tank Trucks.
SODIUM HYDROXIDE SOLUTION
8
1824
CORROSIVE
II
Reportable Quantity : 1,000 lbs. (454 kg)
------------------------------------_-----------------------------------
REGULATORY INFORMATION
----------------------------------------------------------------------
U.S. Federal Regulations
TSCA Inventory Status : Reported/Included.
TITLE III HAZARD CLASSIFICATIONS SECTIONS 311, 312
Acute
: Yes
Chronic
: No
Fire
: No
Reactivity
: Yes
Pressure
: No
LISTS:
SARA Extremely Hazardous Substance
CERCLA Hazardous Material
SARA Toxic Chemical
------------------------------------------
OTHER INFORMATION
------------------------------------------
NF?A, NPCA-HMIS
-No
-Yes
-No
NFPA Rating
Health
3
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Flammability 0
Reactivity 1
NPCA-HMIS Rating
Health 3
Flammability 0
Reactivity : I
Personal Protection rating to be suppiied by user depending on use
conditions.
Additional Information
NSF LIMITS:
NSF Maximum Drinking Water Use Concentration: 100 mg/l as
sodium hydroxide.
The data in this Material Safety Data Sheet relates only to the
specific material designated herein and does not relate to use in
combination with any other material or in any process.
Responsible for MSDS MSDS Coordinator
> DuPont Chemical Solutions Enterprise
Address Wilmington, DE 19898
Telephone [phone]
T Indicates uodated section.
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MATERIAL SAFETY DATA SHEET
EM SCIENCE
11. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION
Manufacturer .............. Preparation Date.: 7/21/00
A Division of EM Industries Information Phone Number.: 856-423-6300
P.Q. Box 70 Hours: Mon. to Fri. 8:30-5
480 Democrat Road Chemtrec Emergency Number: 800-424-9300
Gibbstown, N.J. 08027 Hours: 24 hrs a day
SX1244 SX12441 714 SX1242 SX12442C SX1244Y 748 732 SX1244T SX1244TP
SX1242U SX1244PS SX1247 SX1244LA 1.59425 ACS897 VW6840
Sulfuric Acid
Oil. of Vitriol
Mineral Acid
H2SO4
2. COMPOSITION / INFORMATION ON INGREDIENTS
Component CAS 4 Appr
7664-93-9 100%
Approximate per cent indicates that this product is a
concentrated acid. Sulfuric acid is approximately 95-98%.
EMERGENCY OVERVIEW
CAUSES SEVERE BURNS.
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
MAY CAUSE DAMAGE TO RESPIRATORY PASSAGES AND LUNGS.
REACTS VIOLENTLY WITH WATER.
STRONG OXIDIZER.
Clear, colorless viscous liquid; sharp odor
POTENTIAL HEALTH EFFECTS (ACUTE AND CHRONIC)
Symptoms of Exposure:
Causes severe burns on contact with any body tissue.
Possibly fatal by inhalation or ingestion.
Inhalation of mist may damage respiratory tract and lungs.
Respiratory conditions
Routes of Entry:
Carcinogenicity:
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
4. FIRST AID MEASURES
GET MEDICAL ASSISTANCE FOR ALL CASES OF OVEREXPOSURE.
Skin: Immediately flush thoroughly with large amounts of water.
Eyes: Immediately flush thoroughly with water for at least 15
Inhalation: Remove to fresh air; give artificial respiration if
Ingestion: Do NOT induce vomiting; dilute by giving milk or water
if conscious; get medical attention immediately.
Flash Point (F) . . . . . Noncombustible
Flammable Limits LEL M : N/A
Flammable Limits UEL (%): N/A
Extinguishing Media . .
Dry chemical or sand; DO NOT USE WATER OR FOAM
Fire Fighting Procedures:
Wear self-contained breathing apparatus and protective clothing.
Reacts with most :petals to form explosive hydrogen gas which
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Page 2 of
can form explosive mixtures with air. May ignite combustible
6. ACCIDENTAL RELEASE MEASURES
Spill Response:
Evacuate the area of all unnecessary personnel.
Wear suitable protective equipment listed under Exposure /
Eliminate any ignition sources until the area is determined to be
Contain the release and eliminate its source, if this can be done
Take up and containerize for proper disposal as described under
Comply with Federal, State, and local regulations on reporting
releases. Refer to Regulatory Information for reportable
EM SCIENCE recommends SPILL-X neutralizers and absorbent agents
Additional information on the SPILL-X products can be provided
through the EM SCIENCE Technical Service Department
The following EM SCIENCE SPILL-X neutralizer and absorbent is
SX0861 Spill-X-A Acid Spill Treatment Kit
7. HANDLING AND STORAGE
Handling & Storage:
Keep container closed and protected against physical damage.
Keep upright; separate from all incompatible materials,
combustible materials and oxidizing agents.
When diluting: add acid to water; NEVER ADD WATER TO ACID.
Do not get in eyes, on skin, or on clothing.
Retained residue may make empty containers hazardous; use
8. EXPOSURE CONTROLS / PERSONAL PROTECTION
ENGINEERING CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT:
Ventilation, Respiratory Protection, Protective Clothing, Eye Protection:
Respiratory Protection: If workplace exposure limit(s) of product
or any component is exceeded (see TLV/PEL), a NIOSH/MSHA approved
air supplied respirator is advised in absence of proper
environmental control. OSHA regulations also permit other
NIOSH/MSHA respirators (negative pressure type) under specified
conditions (see your safety equipment supplier). Engineering
and/or administrative controls should be implemented to reduce
Material must be handled or transferred in an approved fume hood
Protective gloves must be worn to prevent skin contact
Impervious protective clothing should be worn to prevent skin
Safety glasses with side shields must be worn at all times.
Wash thoroughly after handling.
Do not take internally.
Eye wash and safety equipment should be readily available.
OSHA -- PEL:
TWA STET,
CL
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1
TWA STEL CL
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1 3
If there are no exposure limit numbers listed in the Exposure Guidelines chart, this indicates t
9. PHYSICAL AND CHEMCIAL PROPERTIES
Melting Point (C). . . .
Snecific Gravity (H20 =
Vapor Pressure (mm Hg).
Percent Volatile by vo1
Vapor Density (Air = 1).
Evaporation Rate (BuAc =
Solubility in Water (%).
. . --10C
1) 1.844 16/16C
1 146C
N/A
N/A
1): <1
. . Miscible
Appearance . . . . . . . . .
Clear, colorless viscous liquid;
sharp odor
http://dakwebapp.dakamericas.com/msds/msds/ccO 132.htm 9/11/200

Page 3 of
Stability: Yes
Hazardous Polymerization:
Hazardous Decomposition:
Sox, Hydrogen (in presence of metals)
Adding water to acid can cause violent, exothermic reaction,
possibly causing fire. Can react violently with alkalies.
(X) Water
(X) Bases
( ) Corrosives
(X) Other: Reducing agents, metal powders, carbides, acetic
11. TOXICOLOGICAL INFORMATION
Toxicity Data
orl--rat LD50: 2140 mg/kg ihl-gpg LC50: 18 mg/cu.m.
Test on laboratory animals indicate material may produce adverse
Cited in Registry of Toxic Effects of Chemical Substances (RTECS)
EPA Waste Numbers: D002
Treatment:
Specified 'Technology - Neutralize to pH 6-9. Contact your local
permitted waste disposal site (TSD) for permissible treatment
ALWAYS CONTACT A PERMITTED WASTE DISPOSER (TSD) TO ASSURE
COMPLIANCE WITH ALL CURRENT LOCAL, STATE AND FEDERAL REGULATIONS.
DOT Proper Shipping Name:
Sulfuric Acid
UN1830
TSCA Statement:
The CAS number
of this product
is listed on
the TSCA Inventory_
SARA
SARA
CERCLA
Component
EHS
EHS TPQ
RQ
(302)
(lbs)
(lbs)
Y
1000
1000
OSHA
SARA
DeMinimis
Component
Floor List
313
for SARA 313
M
Y Y 1.0
If there is no information listed on the ,regulatory information chart, this indicates that the c
Comments:
NFPA Hazard Ratings:
Health 3
Reactivity 2
Revision History: 6/13/00 6/l/Sl 8/1/84 4/17/86 12/6/86 6/19/87
10/27/87 1/26/88 9/26/86 3/l/91 5/31/91 11/26/91 5/11/93 3/3/94 4/19/94
E = Revised Section
N/A = Not Available
The statements contained herein are offered for informational purposes only and
are based upon technical data that EM SCIE,NCE believes to be accurate. It is
intended for use only by persons having the necessary technical skill and at
their own descretion and risk. Since conditions and manner of use are outside
our control, we make NO WARRENTY, EXPRESS OR IMPLIED, OR MERCHANTABILITY,
FITNESS OR OTHERWISE.
http://dakwebapp.dakamericas.com/msds/msds/cc0132.htin 9/11/200

Wo
Industrial Solutions
Master RP10
Liquid cleaner for plastic
recycling process
Description
Master RP 10 is an alkaline cleaner, specifically formulated for the removal of glue, labels and organic
residuals from plastic including HDPE and PET bottles.
Master RP 10 is free of NPE, APE and other potentially harmful raw materials.
Master RP 10 allows the removal of glues and their dispersion, reducing the possibility of re -deposition -
Application Master RP 10 is particularly suitable for the recycling PET from mixed
plastics. Master RP 10 is specific for high turbulence washing plants.
Operating data
• Operating concentration 18 — 25 gA
• Application temperature 85 — 95 cc
• pH at workin concentration about 12,7
• Operating time 3 — 8 ruin.
'Ajfil"lEyy gg°,� ,,, 1 Mac6ennid hahana sr.l, Metallmgy - Via Y:gevano, 61 - 28M SAN MARTWO rA TAECATE (t,'C) •
d �7 $ � 14 Assistenza Tacnica: Tel. [phone]i 5gTn - Uiliti Ceram a;init Tel.-39-=1.768760 - Fax: [phone]
Amb:ente a Sicmzza- Tot. +a9.9Ct"c1.7L9v,°A - salesmet* macdenraid,aan - wr .macdermid.com

Master RP 10 Page 2
Application procedure
All plant structures and fittings may be made of steel.
Add slowly to water the required amount of product whist mixing effectively to produce a homogeneous
solution.
Following this a solution analysis should be carried out in order to confirm the solution concentration.
Solution control
• Take 10 ml of Master RP 10 solution to be tested.
Add 20 ml of deionised water and 5-8 drops of bromocresol green.
• Titrate with OA N (N110) hydrochloric acid until colour changes from blu to yellow.
• ml of 0.1 N acid x 5.5 = gA Master RP 10
Effluent
It is recommended that wastewater treatment be carried out to conform to the specific requirements of the
local authority. Advice on how to meet these requirements, once known, can be obtained from
MacDermid.
Safety in handing and use
Refer to relevant Material Safety Data Sheets.
Note
MacDermid gives no warranty, express or implied, and all products are sold upon condition that
purchasers will make their own tests to determine the quality and suitability of the product. MacDermid
shall be in no way responsible for the proper use and service of the product. Any information or
suggestions given are without warranty of any kind and purchasers are solely responsible for any loss
arising from the use of such information or suggestions.
If-r" JM �!7ki MwMemsd hafana ssJ. Metailur3y - Ya YSevana. 51 - 28f£9 SAN R ARTiNO Dt TF;ECATE {NDi - Italy 4 �
� a�
.. Assisten a Teen p; Tel- +39.C32 i.i 8977it - Uffitt Casssn^rciaii: Tel. >39,032 t.75973p -Fax +39.C32i-799765
Ambient a Skvrez a Tel. t39,OMI,789-= - salesmett macdermid,xm - www.nacdermW.carn

REVISION DATE: 11/01/05
SAFETY DATA SHEET
MASTER RP 10
1.IDENTIFICATION_OFTHE.S-UBSTANCEIPREPARATIONAND`COMPANY/UNDERTAKING 6
PRODUCT NAME MASTER RP 10
PRODUCT NO. MSGBN09182,DSGBN09182
APPLICATION Plastic recycling cleaner
SUPPLIER MacDermid plc
Palmer Street
Bordesley
Birmingham
B9 4EU
[phone]
EMERGENCY TELEPHONE [phone]
_A=2 COMPOSITIONIINFORMATION ON INGREDIENTS-=
Name =; :: - :` c = .. :°
r
EC No
CAS No
Content :
Classification
POTASSIUM HYDROXIDE
215-181-3
1310-58-3
5-10%
C;R35 Xn;R22
The Full Text for all R-Phrases are Displayed in Section 16
=;:_3 HAZARDS IDENTIFICATION'-."-'-'-'
Causes severe bums.
CLASSIFICATION C;R35.
-T'4'FiRST-AID-MEASURES
GENERAL INFORMATION
Remove affected person from source of contamination. Chemical bums must be treated by a physician.
INHALATION
Move the exposed person to fresh air at once. Rinse nose and mouth with water. Get medical attention immediately!
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical_ Rinse nose, mouth and throat with water.
Do not induce vomiting, If vomiting occurs, the head should be kept low so that stomach vomit doesn't enter the lungs. Get medical
attention immediately!
SKIN CONTACT
Remove affected person from source of contamination. Promptly wash contaminated skin with water, Promptly remove clothing if soaked
through and wash the skin with water. Get medical attention immediately.
EYE CONTACT
Promptly wash eyes with plenty of water while lAng the eye lids. Continue to rinse for at least 15 minutes and get medical attention. To
hospital or eye specialist.
5 FIRE -FIGHTING. MEASURES.
t.
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Beware, risk of formation of toxic and corrosive gases. Keep run-off water out of sewers and water sources.
Dike for water control. If risk of water pollution occurs. notify appropriate authorities.
UNUSUAL FIRE 8 EXPLOSION HAZARDS
Beware, risk of formation of toxic and corrosive gases.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be worn in rase of fire.
'.; 6 ACCIDENTAL RELEASE.MEASURES "
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet. Eye contact MUST be prevented by means of suitable personal
protection equipment. Avoid inhalation of vapours and contact with skin and eyes.
11 4

REVISION DATE: 11101f05
MASTER RP 10
ENVIRONMENTAL PRECAUTIONS
Collect and dispose of spillage as indicated in section 13. Do not discharge into drains, water courses or onto the ground. Avoid discharge
to the aquabo environment
SPILL CLEAN UP METHODS
Wear necessary protective equipment, Absorb with inert, damp, non-combustible material, then flush area with water. Collect spillage in
containers, seal securely and deliver for disposal according to local regulations. Containers with collected spillage must be properly
labelled with correct contents and hazard symbol. Runoff or release to sewer, waterway or ground is forbidden- Inform Authorities if large
amounts are invoMed.
DSTORAGE-rz
�.�i rxff;; _-_aa.s
- �7.HANDLIItiIGAN .#� t
USAGE PRECAUTIONS
Avoid spilling, skin and eye contact. Do not handle broken packages without protective equipment. Use mechanical ventilation in rase of
handling which causes formation of vapours. Avoid eating, drinking and smoking when using the product, Observe good industrial hygiene
practices.
STORAGE PRECAUTIONS
Store in tightly closed original container in a cool, dry well -ventilated plate. Keep above the chemical's freezing point to avoid rupturing the
container. Keep separate from food, feedstuffs, fertilisers and other sensitive material_ Storage temperature : min 5'C max 35'C
STORAGE CLASS
Corrosive storage.
.8 EXPOSURE CONTROLS/PERSONA,L,PROTECTION'.:..
S#d
LT-- PPm
LT.- mglm3..
ST - PI1m ..
"
ST-,mgl�n3
POTASSIUM HYDROXIDE
OES
2 rnglm3
PROTECTIVE EQUIPMENT
ENGINEERING MEASURES
Provide adequate ventilation, including appropriate local extractor,, to ensure that the defined occupational exposure limit is not exceeded -
All handling to take place in well -ventilated area.
RESPIRATORY EQUIPMENT
ff ventilation is insufficient, suitable respiratory protection must be provided. Seek advice from supervisor on the companies respiratory
protection standards.
HAND PROTECTION
Protective gloves must be used if there is a risk of direct contact or splash. Seek advice from local supervisor. Use protective gloves made
of: Rubber, neoprene or PVC,
EYE PROTECTION
Use safety goggles and face shield in case of splash risk.
OTHER PROTECTION
Provide eyewash station and safety shower. Wear appropriate clothing to prevent any possibility of liquid contact and repeated or
prolonged vapour contact.
HYGIENE MEASURES
Wash at the end of each work shift and before eating, smoking and using the toilet Wash promptly if skin becomes wet or contaminated.
Promptly remove non -impervious clothing that becomes wet. Contaminatod clothing to be placed in closed container until disposal or
decontamination. Warn cleaning parsonnel of chemic, rs hazardous properties. Eating, smoking and water fountain* prohibited in
immediate work area-
- 9 PHYSICAL AND CHEMICAL PROPERTIES - =
a.
APPEARANCE Liquid
COLOUR Colourless
ODOUR Characteristic
SOLUBILITY Miscible with water.
RELATIVE DENSITY 1-137 201C pH VALUE, DILUTED SOLUTION 12 1%
Io STABILITY Ai�iD REACTIVITY{ :
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Avoid excessive heat for prolonged periods of time.
21 4

REVisION DATE: 11/01/05
MASTER RP 10
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
:_: 11 TOXICOLOGiCAL_INFORMATION i_ -_.: � � - ::
TOXIC DOSE 1 - LD So > 2000 mg/kg (oral rat)
TOXIC GONG. - LC 50 >5 mgIV4h (inh-rat)
INHALATION
Vapours may irritate throat and respiratory system and cause coughing. May cause damage to mucous membranes in nose, throat, lungs
and bronchial system.
INGESTION
Causes severe burns. May cause chemical bums in mouth, oesophagus and stomach. Swallowing concentrated chemical may cause
severe internal injury.
SKIN CONTACT
Causes severe bums. May cause serious chemical bums of the skin.
EYE CONTACT
Causes severe burns, Vapour or spray may cause eye damage, impaired sight or blindness_ Contact with concentrated chemical may very
rapidly cause severe eye damage, possibly loss of sight.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous_ However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 50, 96 Hrs, FISH mgA > 100
EC 50, 48 Hrs, DAPHNIA, mg11 > 100
IC 50, 72 Hrs, ALGAE, mgll > 100
.-` ;.13iDISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste is classified as special waste. Disposal to licensed waste disposal site in accordance with the local Waste Disposal Authority, When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Dispose of waste and residues in accordance with local authority
requirements. Do not allow runoff to sewer, waterway or ground.
= 14 TRANSPORT INFORMATION ...` _ - -
PROPER SHIPPING NAME
Corrosive liquid, n.o.s. (contains potassium hydroxide)
UN NO. ROAD
1760
ADR CLASS NO.
8
ADR CLASS
Class 8: Corrosive substances_
ADR PACK GROUP
II
HAZARD NO. (ADR)
80 Corrosive or slightly
CEFIC TEC(R) NO.
80GC9
corrosive substance.
UN NO. SEA
1760
IMDG CLASS
8
IMDG PACK OR.
II
EMS
F-A, S-B
MARINE POLLUTANT
No.
UN NO. AIR
1760
ICAO CLASS
8
AIR PACK OR.
II
_15 REGULATORY -INFORMATION :
LABELLING
31 4

REVISION DATE: 1 1101ID5
MASTER RP 10
Corrosive
CONTAINS POTASSIUM HYDROXIDE
RISK PHRASES
SAFETY PHRASES
R35 Causes severe bums.
S26 In case of contact with eyes, rinse immediately with plenty of water and seek medical
advice.
S45 In case of accident or if you feel unwell, seek medical advice immediately (show label
where possible).
S24125 Avoid contact with skin and eyes.
S36137139 Wear suitable protective clothing, gloves and eyelface protection-
S60 This material and its container must be disposed of as hazardous waste.
EU DIRECTIVES
2001/59CE, 199914510E,200110E, 2004/60CE, 2001158CE
A6 OTHER INFORMATION —
ISSUED BY
HS&E Manager.
REVISION DATE 11101105
REV. NOJREPL SDS GENERATED 2
DATE 11101/05
SIGNATURE Dott Norberto Gallina
SIGNATURE 2 Id
RISK PHRASES IN FULL
R22 Harmful if swallowed.
R35 Causes severe bums.
41 4

ANS TH
MacDerrr�id
1-M Antifoam for PET recycle
A SPECIALTY CHEMICAL COMPANY Vqq treatment
diVisione OMtbi5, -`
DESCRIPTION Ans TH is a product particulary formulated for PET
recycle treatment.
APPLICATION
This product is used in washing caustic stage.
The presence in formula of modified siloxane, grant an
high defoaming power in caustic solution.
Ans TH formulations is in compliance with:
21 CFR 176.210 (FDA)
XIV (BGA)
For PET treatment and mixed plastics.
Ans TH is used in washing PET/PE plant -
OPERATING DATA Operating concentration: 100 - 200 ppm
Application temperature: < 90 °C
Work concentrations can change depending on type
solution to which add product and foaming control that
you want to obtain.
We suggest to disperse Ans TH in water solutions
before use.
APPLICATION PROCEDURE All structures plant can be made of steel.
Add slowly to water Ans TH and stir solution.
MacDermild rrALL--NA $.RL. - Via Vig,,m,. 61 - I-28069 SANMARTINO DI TRECATE (NO) - Gffcomm. +39.0121-7$9760 -Fax [phone]

SOLUTION CONTROL The amount of Ans TH used is in relation to the
amount of PET/PE treated.
Automatically dosage of the product is possible.
WASTE TREATMENT Solution degradation time is connected with the
amount of material treated.
STORAGE AND HANDLING
PRECAUTIONS
Edition of 25 January 2002
When the operational and time limits will be reach
dispose of the exhaust solution in a suitable waste
water plant.
Masco recommends that the company/operator read
and review the Safety Data Sheet for the appropriate
health and safety before use.

REVISION DATE: 11 10512006
SDS No": 15209
SAFETY DATA SHEET
ANS TH
1 IDENTIFICATION OF THE SUBSTANCEIPREPARATION AND COMPANY/UNDERTAKING
PRODUCT NAME
ANS TH
PRODUCT NO.
MRCXR09195
APPLICATION
Antifoam - Silicone based
SUPPLIER
MacDermid plc
Palmer Street
Bordesley
Birmingham
B9 4EU
[phone]
EMERGENCY TELEPHONE
24 Hour Emergency Incident Number [phone]
2 COMPOSITIONIINFORMATION ON INGREDIENTS
Name `"
EC No
CAS -No
Content
Glassification _
SILICONE ANTIFOAM
10-30%
The Full Text for ail R-Phrases are Displayed in Section 16
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues.
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Get medical attention"
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with soap and water. Get medical attention if any discomfort continues.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes. Contact physician if discomfort
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep run-off water out of sewers and water sources. Dike for water control,
SPECIFIC HAZARDS
Fire or high temperatures create: Oxides of: Carbon.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wom in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do not allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runoff or release to sewer, waterway or ground is forbidden. Absorb in vermiculite, dry sand or earth, and place into containers.
i14

REVISION DATE: 11/05/2006 SDS No.: 15209
ANS TH
7 HANDLING AND STORAGE
USAGE PRECAUTIONS
Avoid inhalation of vapourslspray and contact with skin and eyes. Avoid eating, drinking and smoking when using the product. Observe
good industrial hygiene practices.
STORAGE PRECAUTIONS
Keep separate from food, feedstuffs, fertilisers and other sensitive material. Protect from freezing
STORAGE CLASS
Chemical storage.
MIN. STORAGE TEMP ('C) 5
MAX. STORAGE TEMP (°C) 35
8 EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
o
RESPIRATORY EQUIPMENT
In case of inadequate ventilation use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended.
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact
OTHER PROTECTION
Provide eyewash station_ Wear appropriate clothing to prevent any possibility of skin contact.
HYGIENE MEASURES
No specific hygiene procedures noted, but good personal hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each work shift and before eating, smoking and using the toilet.
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE
COLOUR
ODOUR
SOLUBILITY
RELATIVE DENSITY
FLASH POINT (-C)
Liquid
Milky.
Slight odour <!n-
Disperses in water
1,00
> 100
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use,
CONDITIONS TO AVOID
Not known_
MATERIALS TO AVOID
No incompatible groups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LD 50 >2000 mg/kg (oral rat)
TOXIC CONC_ - LC 50 >20 mglll4h (inh-rat)
pH -VALUE, CONC. SOLUTION 7.5
21 4

REVISION DATE: 1110512008 SIDS No.: 15209
ANS TH
INHALATION
No spocific health warnings noted.
INGESTION
May cause discomfort if swallowed. Nausea. vomiting.
SKIN CONTACT
No specific health warnings noted.
EYE CONTACT
No specific health warnings noted.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment_
LC 50,96 Hrs, FISH mgR > 100
EC 60, 48 Hrs, DAPHNIA, mgll > 100
IC 60, 72 Hrs, ALGAE, mg1I > 100
BIOACCUMULATION
No data available on bioaccumulation_
WATER HAZARD CLASSIFICATION
WGK1
13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements.
14 TRANSPORT INFORMATION
GENERAL The product is not covered by international regulation on the transport of dangerous goods (IMDG, IATA,
AMR]D).
15 REGULATORY INFORMATION
RISK PHRASES
NC Not classified.
EU DIRECTIVES
Dangerous Substance Directive 6715481EEC. Dangerous Preparations Directive 19991451EEC. System of specific information relating to
Dangerous Preparations. 20011581EEC. Also in accordance with 200116DIEC & 20041731EC
16 OTHER INFORMATION
ISSUED BY
HS&E Manager.
REVISION DATE 11/0512006
REV. NOJREPL. SDS GENERATED 0
DATE 1110 W006
SIGNATURE Doti Norberto Gallina
SIGNATURE 2 Id
RISK PHRASES IN FULL
NC Not classified.
31 4

REVISION DATE: 11105/2006 SDS No.: 15209
ANS TH
DISCLAIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any ofher materials or in any process. Such information Is, to the best of the company's knowledge and belief, accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the user's responsibility to satisfy himself as to the suitability of such information for his own particular use.
41 4

Mae Dermid MASTER S 4
A SPECIALTY CHEMICAL COMPANY Additive for PET
recycling process.
divisione
DESCRIPTION Master S 4 is a product particulary formulated for
recycling PET.
A particular mixture of surfactant and heavy
emulsifier make PET separation easier from other
plastic materials.
Polisiloxane derivates are present in the formula to
grant Nigher defoaming.
APPLICATION Separating PET from mixed PET/PE plastic
recycling plants.
OPERATING DATA Range Optimum
Concentration: 10 - 100 ppm 50 ppm
Temperature: 20 - 50 `C 35 °C
Concentratios vary with desired results.
Master S 4 can be pre-disolved in water prior to
adding to tank.
APPLICATION PROCEDURE Mild steel equipment required -
Add Master S 4 slowly to water while stiring.
MaclDermid UAL.L NA SILL. - Via Vigev=o. 61-1.28069 S.A-V INLARTD O DI TRECATE (NO) - tiff Comm. +39.0321-789760 -Fax [phone]

SOLUTION CONTROL
WASTE TREATMENT
STORAGE AND HANDLING
PRECAUTIONS
Latest revision: April 9,2001
The amount of Master S 4 used is proportional to the
amount of PET/PE treated.
Automatic dosing of this product is possible.
Dispose in accordance with local authority.
Carefully review material Safety Data Sheet prior to
use.

REVISION DATE: 19110/2006
SDS No.: 14270
SAFETY DATA SHEET
MASTER S4
1 IDENTIFICATION OF THE SUBSTANCEIPREPARATION AND COMPANYIUNDERTAKING
PRODUCT NAME
MASTER S4
PRODUCT NO.
MRCXR09037, DRCXR09037, 162355
APPLICATION
Floating
SUPPLIER
MacDermid plc
Palmer Street
Bordesley
Birmingham
B9 4EU
[phone]
EMERGENCY TELEPHONE
24 Hour Emergency Incident Number [phone]
2 COMPOSITIONIINFORMATION ON INGREDIENTS
COMPOSITION COMMENTS
This product does not contain any substance classified as hazardous to Health or the Environment
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues.
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Get medical attention.
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with soap and water. Get medical attention if any discomfort continues.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at toast 15 minutes. Contact physician if discomfort
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep run-off water out of sewers and water sources. Dike for water control.
SPECIFIC HAZARDS
Fire or high temperatures create: Carbon monoxide (CO). Carton dioxide (CO2),
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wcm in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do not allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runoff or release to sewer, waterway or ground is forbidden. Absorb in vermiculite. dry sand or earth and place into containers.
7 HANDLING AND STORAGE
11 3

REVISION DATE: 19/1012006 SDS No.: 14270
MASTER S4
USAGE PRECAUTIONS
Avoid inhalation of vapourslspray and contact with skin and eyes. Avoid eating, drinking and smoking when using the product. Observe
good industrial hygiene practices.
STORAGE PRECAUTIONS
Keep separate from food, feedstuffs, fertilisers and other sensitive material_ Storage temperature : min 5°C max 35°C
STORAGE CLASS
Chemical storage.
MIN. STORAGE TEMP ("C) 5
MAX. STORAGE TEMP (°C) 35
8 EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
y
RESPIRATORY EQUIPMENT
In case of inadequate ventilaticn use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended_
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact.
OTHER PROTECTION
Provide eyewash station. Wear appropriate clothing to prevent any possibility of skin contact.
HYGIENE MEASURES
No specific hygiene procedures noted, but good personat hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each work shift and before eating, smoking and using the toilet.
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE Liquid
COLOUR Milky_
ODOUR Odourless
SOLUBILITY Miscible with water.
BOILING POINT (°C) 100°C RELATIVE DENSITY 1,00 @ 25-C
pH -VALUE, CONC. SOLUTION 5-7 FLASH POINT (°C) > 100
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Not known.
MATERIALS TO AVOID
No incompatible groups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LD 50 >5000 mglkg Loral rat)
INHALATION
No specific health warnings noted.
21 3

REVISION DATE: 1911012006 SDS No.: 14270
MASTER S4
INGESTION
May cause discomfort if swallowed. Nausea. vomiting.
SKIN CONTACT
No specific health warnings noted.
EYE CONTACT
No specific health warnings noted.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 50, 96 Hrs, FISH mgn > 100
EC 60, 48 Hrs, DAPHNLA, mgll > 100
IC 50, 72 Hrs, ALGAE, mg11 > 100
WATER HAZARD CLASSIFICATION
WGK1
13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority_ When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be inforned of all major Spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements.
14TRANSPORT INFORMATION
GENERAL The product is not covered by international regulation on the transport of dangerous goods (IMDG, IATA.
ADRIRID).
16 REGULATORY INFORMATION
RISK PHRASES
NC Not classified.
Etc DIRECTIVES
Dangerous Substance Directive 6715481EEC. Dangerous Preparations Directive 1999AS1EC_ System of specific information relating fo
Dangerous Preparations. 20011581EC. Also in accordance with 20011601EC & 2004f731EC
16 OTHER INFORMATION
ISSUED BY
HS&E Manager.
REVISION DATE 19/10/2006
REV. NOJREPL. SDS GENERATED 1
DATE 19/09/2005
SIGNATURE DotL Norberto Gallina
SIGNATURE 2 Id
DISCLAIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any other materials or in any process. Such information is, to the best of the company's knowledge and belief, accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the users responsibility to satisfy himself as to the suitability of such information for his own particular use.
31 3

Pickle, Ken
From: Pickle, Ken
Sent: Wednesday, November 18, 2009 9:39 AM
To: '[e-mail]'
Cc: Lawyer, Mike; Georgoulias, Bethany; 'Mark. Mcl [e-mail]'; Jones, Jennifer; Bennett,
Bradley
Subject: Clear Path PET recycling facility
Elizabeth,
In response to questions from you and Mark, I've reviewed the reported circumstances with the Fayetteville Regional
Office. We're ok with the following course of action.
• You reported that you would like to begin accumulating feedstock inventory within the next two weeks and in
advance of actually operating the recycling process, and you requested our perspective on whether a
stormwater discharge permit would be required for that activity. DWQ concludes that you do not need an
NPDES stormwater discharge permit for that activity.
• You reported that the recycling operation is scheduled to begin production in April 2010. I'm confident we will
have your stormwater permit issued on or before that time, and that we will not be the cause of a delay beyond
April 2010.
• It's likely we will include an earlier than usual sampling requirement for just the first period of the permit. I
mean, typically our individual permit template includes the requirement for a sampling result within the first 6
months after permit issuance, and every 6 months thereafter. The Fayetteville Regional Office has commented
that what appears to be the most significant potential source of stormwater pollution (the large area of exposed
storage of PET bottles) will be in place for as much as 5 months (Dec 2009 — April 2010) prior to operation, and
that it may be helpful to have the first sampling event within the first two or three months after permit issuance.
Please contact me if we need to discuss further this or related topics.
Thanks,
Ken Pickle
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be
disclosed to third parties.
Nets aa0 4
PrJ4� -s W. AIL
�a eft c VY7u7

{'^y. 'ilrs- �. ':: �. '4yj $iJ {. .Fsv,., ..ss. f"+i '?..i 4
■ a� x`� _ �:`•✓!.-.•-Y--`:-'-�'yQ�'.`'a`'e4j4e .. }:. :FT..z �{- { i{i:".�f:::{i' :,r.:.:.;is
�. *:�y x' :r•:� . •«,' i� =r'� '�• ::,: • ;.
lrc.fxC�.'wi>:"`•+•' :''` �`'�:.rs.�`:�:aslSl�t::ir�wvi9�ln'::?•
Stationary customer site vessels should operate in accordance with the manufacturer's and BOC's instruction.
Do not attempt to repair, adjustor in any other way modify the operation of these vessels. If there is a
malfunction or other type of operations problem with the vessel, contact the closest BOG location immediately.
Valve protection caps must remain in place unless container is secured with valveoutlet piped to use point. Do
not drag, slide or roll cylinders. Use a suitable hand truck for cylinder movement. Use a pressure reducing
regulator when connecting cylinder to lower pressure (C3000 psig) piping or systems. Do not heat cylinder by
any means to increase the discharge rate of product from the cylinder. Use a check valve or trap in the discharge
line to prevent hazardous back flow into the system.
Protect cylinders from physical damage. Store in cool, dry, well -ventilated area away from heavily trafficked
areas and emergency exits. Do not allow the temperature where cylinders are stored to exceed 130°F (54°C).
Cylinders should be stored upright and firmly secured to prevent falling or being knocked over. Full and empty
cylinders should be segregated. Use a "first in -first out" inventory system to prevent full cylinders being stored
for excessive periods of time, Post "NO SMOKING OR OPEN FLAMES" signs in the storage area or use area.
There should be no sources of ignition in the storage or use area.
For additional storage recommendations, consult Compressed Gas Association's Pamphlets P-1, P-14 and Safety
Bulletin SB-2.
Never carry a compressed gas cylinder or a container of a gas in cryogenic liquid form in an enclosed space such
as a car wmk, van or station wagon. A leak can result in a fire, explosion, asphyxiation or a toxic exposure.
8. Exposure Controls, Personal Protection
EXPOSURE LIMITS:
ij3-...
✓.af,�i:lk:�"i&�/.K�:L4:�:vita.Lrw.3:SI'S'J."w4eN�3a-'�atLi�
4S
fir:. 0 .'?
n $ �: ¢
ii'�:C�-�vwv+-;tvn-+ a'{`s1''L'�'vW"�Z11
3:• :t9 :-s��
L-�.`"W.V.�1u�.oi'fL9.a�,�.�i�t�C
�: �'a .-.. �'?=
oxygen
1
otAvallable
FORMULA:
1.1111
Refer to individual state of provincial regulations, as applicable, for limits which may be more stringent tham
those listed here.
As stated in 29 CFR 1910, Subpart Z (revised July 1, 1993)
3 As stated in the ACGIR 1994-1995 Threshold Limit Values far Chemical Substances and Physical Agents,
ENGINEERING CONTROLS:
Use local exhaust to prevent accumulation of high concentrations that increase the oxygen level in air to more
than 25%.
EYEIFACE PROTECTION:
Safety goggles or glasses as appropriate for the job.
SKIN PROTECTION:
Protective gloves trade of any suitable material appropriate for the job.
OTHER/GENERAL PROTECTION:
Safety shoes, safety shower.
MSDS: G-1
Revised: 617/96 Page 4 of 6

Direct: [phone]
Main: [phone]
Fax: [phone]
e-mail: [e-mail] (please note that my e-mail address has changed)
*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pickle, Ken
Sent: Monday, November 16, 2009 12:44 PM
To: Lawyer, Mike
Cc: Bennett, Bradley
Subject: Clear Path Recycling (DAK Americas site)
Mike,
I have the Clear Path recycling application on my desk that we talked about a few months ago. I've not made timely
progress on it. I hear from the applicant's contact person, Elizabeth Wike at DAK, that they would like to begin
accumulating materials on the big slab out there in a couple of weeks. Construction of the facility is either not
underway, or just beginning.
Elizabeth tells me that they will not be ready to operate until April 2010. I'll have no trouble issuing their individual NCS
stormwater permit by then. She, however, is concerned about the receipt of bales of plastic bottles prior to that time
(in the next couple of weeks.)
I have told Elizabeth that I'm of the opinion that I should send her an email advising her that the simple collection only of
inventory does not constitute, yet, an industrial activity that requires a stormwater permit. However, I want to check
with you first, since it's in your region, and since this is a sort of out -of -the -box situation.
My proposal: I send Elizabeth an email noting that she can go ahead and collect her feedstock on the big slab out there,
and that a stormwater permit is not required for that activity; conditional upon no substantive complaint or finding of
water quality impacts (I'm not suggesting that we should mount a sampling event at her site.) Essentially, until she
begins making a product, my call is that she is not a manufacturing activity, and doesn't need a permit. I'll have her full
NCS permit on or before April 2010, What I don't want to happen is for my tardiness to turn into a delay in this early
part of their new endeavor.
How does that work for you and FRO? Other perspectives?
Ken
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law, and may be
disclosed to third parties.

Pickle, Ken
From: Henson, Belinda
Sent: Monday, November 16, 2009 4:26 PM
To: Pickle, Ken; Lawyer, Mike
Cc: Bennett, Bradley; Georgoulias, Bethany
Subject: RE: Clear Path Recycling (OAK Americas site)
Thanks Ken for including the sampling requirement to earlier than the 6 months. Lxcellent idea Mike, we definitely
need some data earlier.
Belinda
From: Pickle, Ken
Sent: Monday, November 16, 2009 2:56 PM
To: Lawyer, Mike
Cc: Bennett, Bradley; Henson, Belinda; Georgoulias, Bethany
Subject: RE: Clear Path Recyding (DAK Americas Site)
Thanks Mike,
Good idea. I'll work it in to the permit to require the first sampling significantly earlier than 6 months from issuance.
Ken
From: Lawyer, Mike
Sent: Monday, November 16, 2009 1:51 PM
To: Pickle, Ken
Cc: Bennett, Bradley; Henson, Belinda
Subject: RE: Clear Path Recycling (DAK Americas site)
Ken, -
First, let me say thank you for including me (and the FRO) in your decision -making and thought processes. I think I'm
good with your proposal. My only concern (and it sounds like yours as well) would be the runoff quality from the bales
of plastic between now and time of permit coverage and not having any monitoring being conducted. However, with
semi-annual sampling, which I'm assuming will be the frequency in this permit, we allow for a 6 month window of time
to conduct monitoring and its basically 6 months between now and April 2010, so maybe not such a concern. On the flip
side, once permit coverage is issued, there could be another 6 months before the first sampling event. Is there any way
we could adjust the first sampling period to somehow reflect the preceding months between material storage and actual
operations? Or, require them to conduct monitoring even prior to permit coverage? if we're not monitoring them and
they are not monitoring themselves during this interim period, how would we know if they are causing any water quality
impacts?
Thanks,
Mike
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office

Clear Path Recycling LLC
5925 Carnegie Blvd • Suite 500
Charlotte, NC 28209
704.940.7555 • fax [phone]
September 11, 2009
Mr. Ken Pickle
NC DENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27604
Subject: Clear Path Recycling Individual Stormwater Permit Application
Dear Mr. Pickle:
Thank you for your comments on the Individual Stormwater Permit Application from Clear Path
Recycling LLC which was submitted to DWQ on August 6, 2009. This letter is to confirm that it
is the intention of CPR to apply for an individual stormwater permit and to resubmit the applica-
tion with the additional information you requested in your email of August 19.
1. So that you can process Clear Path's application for an individual stormwater permit:
a. The application fee of $860.00 is enclosed.
b. A site plan that shows the future, permitted industrial activity configuration is en-
closed.
C. The process chemicals and materials that may be onsite during the operation of the fa-
cility are listed below:
Chemical/Material
Maximum
Units
Storage Area
uantit
NaOH (50%)'
127,000
lbs
In a concrete containment area
west of the building
Sulfuric Acid 94°/62
102,000
lbs
In a concrete containment area
west of the building
Detergent (2% Caustic) 3
72,000
lbs
Inside Building
Master RP10
Defoamer° — ANS TH
2O,000
lbs
Inside Building
Wetting Agents - Master S4
4,000
lbs
Inside Building
Flocculant
12,000
lbs
Inside Building
PET Flake
1,000
tons
Silos — 4 — to be located on 40 ft. x
160 ft area shown on site plan.
PET Bales
25,000
tons
Outside on concrete or asphalt
' MSDS for Caustic is attached.
2 MSDS for Sulfuric Acid is attached.
5 MSDS for Detergent is attached.
4 MSDS for Defoameris attached.
5 MSDS for Wetting Agent is attached.

Chemicals are stored either inside one of the two process buildings or in concrete con-
tainment areas. Potential contamination from the PET bottles is minimal.
d. The area of the Cedar Creek site covered by this permit application is currently an ac-
tive eligible project in the NC Brownfields Program. DAK Americas, LLC is in pos-
session of a letter of eligibility from the NC Brownfields Program stating that the prop-
erty is eligible for a brownfield agreement with the state. DAK has been working with
the state to finalize a brownfiells agreement. Previous industrial landowners have left
the site with some levels of contamination that are above the current NC standards.
The brownfields agreement will allow DAK and Clear Path to operate the site with this
contamination in place while taking the protective measures listed in the agreement.
DAK does not believe that there are any potential consequences of stormwater runoff
due to the site's previous industrial activity in the production of Roundup.
With regard to which stormwater outfall will belong to CPR and which ones will be-
long to DAK, see Table I in the application. DAK understands and acknowledges that
some of the outfalls that are in the process of being transferred from DAK's NPDES
permit to DAK's stormwater permit by DWQ will drain a portion of the CPR site. See
the drawing that shows the drainage area for each outfail.
2. If you need additional information to determine monitoring parameters at the site, please call
me at [phone] at my office or at [phone] on my cell.
With regard to the Lease... Jennifer Jones had requested the lease to show that Clear Path Re-
cycling had acquired rights to this property and to demonstrate the relationship between DAK
and CPR. With regard to your comment about the "Brownfields Agreement Affidavit for a
parcel in Charlotte," I am uncertain what additional information you need. The Brownfields
Agreement discussed above is for the Clear Path Recycling facility in Fayetteville, NC; how-
ever, CPR does have a mailing address in Charlotte. Perhaps that is the source of the confu-
sion.
Clear Path Recycling recognizes that an individual stormwater permit is necessary at this
time. if, when the permit comes up for renewal or at some other point in the future, it makes
sense to pursue a General Permit, CPR will consider it then.
Sincerely,
&'beth Wike
Environmental Engineer

Page 1 of
MSDS NUMBER: CF0901 ISSUE DATE: 01/16/02
----------------------------------------------------------------------
CAUSTIC SODA, LIQUID 50%
CF0901 Revised 6-SEP-1993 Printed 18-JAN-2002
----------------------------------------------------------------------
----------------------------------------------------------------------
CHEMICAL PRODUCT/COMPANY IDENTIFICATION
----------------------------------------------------------------------
Material Identification
Corporate MSDS Number : DU000034
Formula : NaOH
Molecular Weight : 40.01
CAS Name : SODIUM HYDROXIDE
Tradenames and Synonyms
SODIUM HYDROXIDE 50% COMMERCIAL GRADE
CAUSTIC 50%
Company Identification
M-ANUFACTURER/DISTRIBUTOR
DuPont Chemical Solutions Enterprise
1007 Market Street
Wilmington, DE 19898
PHONE NUMBERS
Product Information : 1-800-441-7515 (outside the U.S.
302-774-1000 )
Transport Emergency : CHEMTREC 1-800-424-9300(outside U.S.
703-527-3887)
Medical Emergency : 1-800-441-3637 (outside the U.S.
302-774-1000)
----------------------------------------------------------------------
COMPOSITION/iNFORMA!ION ON .INGREDIENTS
----------------------------------------------------------------------
Components
Material
SODIUM HYDROXIDE
WATER
CAS Number g
1310-73-2 50
7732-18-5 50
----------------------------------------------------------------------
HAZARDS IDENTIFICATION
-------_----------------------------------------------------------------
Potential Health Effects
INHALATION
Immediate effects of overexposure may include: Irritation of the
nose and throat with sneezing, sore throat or runny nose.
Repeated and/or prolonged exposure may cause: Chronic respiratory
irritation which may progress to abnormal tissue structure or
scarring; impaired lung function and breathing difficulty may
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result.
SKIN CONTACT
Immediate effects of overexposure may include_ Skin corrosion,
burns or ulcers.
EYE CONTACT
Immediate effects of overexposure may include: Corneal opacity or
clouding of the eye. Eye corrosion or ulceration - blindness may
result.
INGESTION
Immediate effects of overexposure may include: Burns of the mouth,
throat, esophagus and stomach, with, severe pain, bleeding,
vomiting, diarrhea and collapse of blood pressure - damage may
appear days after exposure.
ADDITIONAL HEALTH EFFECTS
Increased susceptibility to the effects of this material may be
observed in persons with pre-existing disease of the: lungs. An
in -plant case -control study of 26 kidney cancer deaths was
conducted at a facility which produced multiple chemicals
including chlor-alkali products, plastics, chlorine, ethylene and
ethylene glycol. Significantly elevated risk estimates were noted
for the chlorine production area. While presumptive exposure to
asbestos and sodium hydroxide were judged likely to occur in
chlorine cell maintenance, each case may also have been exposed to
at least one of 64 different chemicals_ These increased risk
estimates are based on a small number of exposed persons and may
be invalid due to the problem of multiple comparisons.
Carcinogenicity Information
None of the components present in this material at concentrations
equal to or greater than 0.1% are listed by IARC, NTP, OSHA or ACGIH
as a carcinogen.
----------------------------------------------------------------------
FIRST AID MEASURES
-------------------------------------------------------------
First Aid
INHALATION
If inhaled, immediately remove to fresh air. If not
breathing, give artificial respiration. If breathing is
difficult, give oxygen. Call a physician.
SKIN CONTACT
In case of contact, immediately flush skin with plenty
of water for at least 15 minutes while removing
contaminated clothing and shoes. Call a physician. Gnash
contaminated clothing and destroy contaminated shoes.
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EYE CONTACT
In case of contact, immediately flush eyes with plenty of
water for at least 15 minutes. Call a physician.
INGESTION
If swallowed, do not induce vomiting. Give large
quantities of water. Call a physician. Never give
anything by mouth to an unconscious person.
----------------------------------------------------------------------
FIRE FIGHTING MEASURES
----------------------------------------------------------------------
Flammable Properties
Flash Point : Will not burn
Fire and Explosion Hazards:
Contact with aluminum, tin, and zinc metals can generate
flammable and explosive hydrogen gas. Follow appropriate
National Fire Protection Association (NFPA) codes.
Extinguishing Media
Use media appropriate for surrounding material.
Fire Fighting Instructions
Evacuate personnel to a safe area. Keep personnel removed
and upwind of fire. Wear self-contained breathing
apparatus. Wear full protective equipment. Cool
tank/container with water spray. Do not get water inside
container. Fight fire from a distance, heat may rupture
containers.
-----------------------------------------------------------------------
ACCIDENTAL RELEASE MEASURES
----------------------------------------------------------------------
Safeguards (Personnel)
NOTE: Review FIRE FIGHTING MEASURES and HANDLING (PERSONNEL)
sections before proceeding with clean-up. Use appropriate
PERSONAL PROTECTIVE EQUIPMENT during clean-up.
Accidental Release Measures
Evacuate area and remain upwind. Wear full protective
clothing with hood and breathing air supply. Dike spill and
soak up with sand, earth, or other inert absorbant. Shovel
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up and remove. Prevent liquid from entering sewers,
waterways, or low areas.
The Superfund reportable discharge is 1,000 lbs.
Small spills of caustic soda should be carefully flushed
with water. Dilute acid, preferably acetic acid, may be
used to neutralize the final traces of caustic after
flushing.
----------------------------------------------------------------------
HANDLING AND STORAGE
----------------------------------------------------------------------
Handling (Personnel)
Do not breathe vapor or mist. Do not get in eyes, on skin, or on
clothing. Wash thoroughly after handling.
Handling (Physical Aspects)
Close container after each use.
Storage
Keep container tightly closed.
Store in clean, dry place to keep drums from rusting. Keep
drums in upright position. Do not roll on side. Do not
store with aluminum or magnesium. Do not mix with acids or
organic materials. Use only dry, clean utensils in
handling. Wash thoroughly after handling.
-----__-----------------------------------------------------------------
EXPOSURE CONTROM PERSONAL PROTECTION
----------------------------------------------------------------------
Engineering Controls
Keep container tightly closed.
Use sufficient ventilation to keep employee exposure below
recommended exposure limits.
Personal Protective Equipment
EYE/FACE PROTECTION
Wear safety glasses with side shields or, where the
possibility exists for eye or face contact due to splashing
or spraying of the material, wear coverall chemical splash
hup://dakwebapp.dakamericas.com/msds/msds/cfD901.txt 9/11000

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goggles/full-length face shield combination.
RESPIRATORS
A NIOSH approved air purifying respirator with a
dust/mist cartridge or canister may be permissible under
certain circumstances where airborne concentrations are
expected to exceed exposure limits. Protection provided by
air purifying respirators is limited. Use a positive
pressure air supplied respirator if there is any potential
for an uncontrolled release or any other circumstances where
air purifying respirators may not provide adequate
protection.
PROTECTIVE CLOTHING
Wear acid resistant gauntlet gloves, apron, and boots_
Where there is a possibility of considerable exposure, wear
a complete acid suit with hood, boots, and gloves.
# Exposure Guidelines
Applicable Exposure Limits
SODIUM HYDROXIDE
PEL (OSHA_) 2 mg/m3, 8 Hr. TWT�
TLV (ACGIH) 2 mg/m3, Ceiling
AEL * (DuPont) 2 mg/m3, 15 minute TWA
x A L is DuPont's Acceptable Exposure Limit. Where governmentally
imposed occupational exposure limits which are lower than the AEL
are in effect, such limits shall take precedence.
----------------------------------------------------------------------
PHYSICAL AND CHEMICAL PROPERTIES
----------------------------------------------------------------------
Physical Data
Boiling Point 142 C (288 F) @ 760 mm Hg
Vapor Pressure 2.9 mm Hg @ 25 C (77 F)
18 mm Hg @ 65.5 C (149.9 F)
Melting Point 13 C (55 F)
Solubility in Water : Infinite
pH : >12
Odor : None
Form : Liquid
Color : Clear to slightly turbid
Specific Gravity : 1.530 @ 20C (68F)
----------------------------------------------------------------------
STABILITY AND REACTIVITY
----------------------------------------------------------------------
Chemical Stability
Stable under normal storage and handling conditions.
Decomposition
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Decomposes by reaction with amphoteric metals such as
aluminum, tin, and zinc to form flammable and explosive
hydrogen gas.
Polymerization
Polymerization will not occur.
Other Hazards
Incompatibility : Incompatible with acid, aluminum, copper,
tin, zinc, wool, leather, hydroquinene;
organic halogens, organic peroxides,
phosphorous, explosives, carbohydrates,
nitrocarbons, trichloroethylene, and
organic acid esters. Product absorbs
water and carbon dioxide from the air.
Reaction with water produces heat.
CAUTION:
This incompatibility list is not all inclusive. Sodium
Hydroxide will react violently with acids and many organic
chemicals. These highly exothermic reactions may lead to
pressure build-up and possible explosion.
----------------------------------------------------------------------
TOXICOLOGICAL INFORMATION
----------------------------------------------------------------------
Animal Data
Oral ALD: 500 mg/kg in rabbits
Sodium hydroxide is corrosive to skin and eyes in tests with
laboratory animals_ Toxic effects described in animals from
short inhalation exposures include acute laryngitis. By
ingestion, effects in rats included extensive necrosis of
the gastric mucosa. Esophageal necrosis and death occurred
in cats administered 1 mL of a 30.5% solution.
Animal testing indicates that this compound does not have
carcinogenic effects. 'Tests in bacterial or mammalian cell
cultures demonstrate no mutagenic activity.
----------------------------------------------------------------------
ECOLOGICAL INFORMATION
----------------------------------------------------------------------
Ecotoxicological Information
Aquatic 'toxicity
48-hour TLm, bluegill sunfish: 99 mg/L
96-hour TLm, mosquito fish 125 mg/L
----------------------------------------------------------------------
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DISPOSAL CONSIDERATIONS
----------------------------------------------------------------------
Waste Disposal
Cleaned -up material may be an RCRA Hazardous Waste.
Treatment, storage, transportation and disposal must be in
accordance with applicable Federal, State, and local
regulations. Do not flush to surface water or sanitary
sewer system.
----------------------------------------------------------------------
TRANSPORTATION INFORMATION
------------------------------------------------------------------------
Shipping Information
DOT/IMO
Proper Shipping Name
SODIUM HYDROXIDE SOLUTION
Hazard Class
8
UN No.
1824
DOT/IMO Label
CORROSIVE
Packing Group
II
Shipping Containers
Tank Cars.
Tank Trucks.
Reportable Quantity : 1,000 lbs. (454 kg)
----------------------------------------------------------------------
REGULATORY INFORMATION
----------------------------------------------------------------------
U.S. Federal Regulations
TSCA Inventory Status : Reported/Included.
TITLE III HAZARD CLASSIFICATIONS SECTIONS 311, 312
Acute
Yes
Chronic
No
Fire
: No
Reactivity
Yes
Pressure
No
LISTS:
SARA Extremely Hazardous Substance -No
CERCLA Hazardous Material -Yes
SARA Toxic Chemical -No
-----------------------------------------------------------------------
OTHER INFORMATION
----------------------------------------------------------------------
NFPA, NPCA-HMIS
NFPA Rating
Health 3
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Flammability 0
Reactivity 1
NPCA-HMIS Rating
Health 3
Flammability 0
Reactivity 1
Personal Protection rating to be supplied by user depending on use
conditions_
Additional Information
NSF LIMITS:
NSF Maximum Drinking Water Use Concentration: 100 mg/l as
sodium hydroxide.
The data in this Material Safety Data Sheet relates only to the
specific material designated herein and does not relate to use in
combination with any other material or in any process.
Responsible for MSDS MSDS Coordinator
> : DuPont Chemical Solutions Enterorise
Address Wilmington, DE 19898
Telephone [phone]
T Indicates undated section.
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MATERIAL SAFETY DATA SHEET
EM SCIENCE
11. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION
Manufacturer .............: Preparation Date.: 1121100
A Division of EM Industries Information Phone Number.: 856--423-6300
2_0_ Box 70 Hours: Mon. to Fri_ 8:30-5
480 Democrat Road Chemtrec Emergency Number: 800-424-9300
Gibbstown, N.j. 08027 Hours: 24 hrs a day
SX1244 SX1244I 714 SX1242 SX1244PC SX1244Y 748 732 SX1244T SX1244TP
SX1242U SX1244PS SX1247 SX1244LA 1.59425 ACS897 VW6840
Sulfuric Acid
Oil of Vitriol
Mineral Acid
H2SO4
2. COMPOSITION / INFORMATION ON INGREDIENTS
Component CAS # Appr %
7664-93-9 100%
Approximate per cent indicates that this product is a
concentrated acid. Sulfuric acid is approximately 95-98�.
EMERGENCY OVERVIEW
CAUSES SEVERE BURNS.
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
MAY CAUSE DAMAGE O RESPIRATORY PASSAGES AND LUNGS.
REACTS VIOLENTLY WITH WATER.
STRONG OXIDIZER.
Clear, colorless viscous liquid; sharp odor
POTENTIAL HEP.LTH EFFECTS (ACUTE AND CHRONIC)
Symptoms of Exposure:
Causes severe burns on contact with any body tissue.
Possibly fatal by inhalation or ingestion.
Inhalation of mist may damage respiratory tract and lungs.
Respiratory conditions
Routes of Entry:
Carcinogenicity:
STRONG INORGANIC ACID MISTS CONTAINING SULFURIC ACID
CAN CAUSE CANCER.
4. FIRST AID MEASURES
GET MEDICAL ASSISTANCE FOR ALL CASES OF OVEREXPOSURE_
Skin: Immediately flush thoroughly with large amounts of water.
Eyes: Im=ediately flush thoroughly with water for at least 15
inhalation: Remove to fresh air; give artificial respiration if
Ingestion: Do NOT induce vomiting; dilute by giving milk or water
if conscious; get medical attention immediately.
Flash Point (F) . . . . Noncombustible
Flammable Limits LEL N/A
Flammable Limits UEL {$}: N/A
Extinguishing Media .
Dry chemical or sand; DO NOT USE WATER OR FOAM
Fire Fighting Procedures:
Wear self-contained breathing apparatus and protective clothing.
Reacts with most metals to form explosive hydrogen gas which
http://dakwebapp.dakamericas.com/msds/msds/eco 132.htin 9/11/200

Page 2 of
can form explosive mixtures with air. May ignite combustible
6. ACCIDENTAL RELEASE MEASURES
Spill Response:
Evacuate the area of all unnecessary personnel.
Wear suitable protective equipment listed under Exposure /
Eliminate any ignition sources until the area is determined to be
Contain the release and eliminate its source, if this can be done
Take up and containerize for proper disposal as described under
Comply with Federal, State, and local regulations on .reporting
releases. Refer to Regulatory Information for reportable
EM SCIENCE recommends SPILL-X neutralizers and absorbent agents
Additional information on the SPILL-X products can be provided
through the EM SCIENCE Technical Service Department
The following EM SCIENCE SPILL-X neutralizer and absorbent is
SX0861 Spill-X-A Acid Spill Treatment Kit
7. HANDLING AND STORAGE
Handling & Storage:
Keep container closed and protected against physical damage.
Keep upright; separate from all incompatible materials,
combustible materials and oxidizing agents.
When diluting: add acid to water; NEVER ADD WATER TO ACID.
Do not get in eyes, on skin, or on clothing.
Retained residue may make empty containers hazardous; use
B. EXPOSURE CONTROLS / PERSONAL PROTECTION
ENGINEERING CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT:
Ventilation, Respiratory Protection, Protective Clothing, Eye Protection:
Respiratory Protection: If workplace exposure limit(s) of product
or any component is exceeded (see TLV/PEL), a NIOSH/MSHA approved
air supplied respirator is advised in absence of proper
environmental control. OSHA regulations also permit other
NIOSH/MSHA respirators (negative pressure type) under specified
conditions (see your safety equipment supplier). Engineering
and/or administrative controls should be implemented to reduce
Material must be handled or transferred in an approved fume hood
Protective gloves must be worn to prevent skin contact
Impervious protective clothing should be worn to prevent skin
Safety glasses with side shields must be worn at all times.
Wash thoroughly after handling.
Do not take internally.
Eye wash and safety equipment should be readily available.
OSHA - PEL:
TWA STEL Ct
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1
TWA STEL CL
Component PPM MG/M3 PPM MG/M3 PPM MG/M3 Skin
1 3
If there are no exposure limit numbers listed in the Exposure Guidelines chart, this indicates t
9. PHYSICAL AND CHEMCIAL PROPERTIES
Melting Point (C). . . . _ . -10C
Specific Gravity (H20 = 1) 1.844 16/16C
Vapor Pressure (mm Hg). . .. 1 146C
Percent volatile by vol (%): N/A
Vapor Density (Air = 1)_ _ N/A
Evaporation Rate (BuAc = 1): <1
Solubility in Water (%). . . Miscible
Appearance . . . . . . . . .
Clear, colorless viscous liquid;
sharp odor
http://dakivebapp.dakamericas_com/msdstmsds/cc0l'32.htrn 9/11/200

Page 3 of
Stability: Yes
Hazardous Polymerization:
Hazardous Decomposition:
Sox, Hydrogen (in presence of metals)
Adding water to acid can cause violent, exothermic reaction,
possibly causing fire. Can react violently with alkalies.
(X) Water
(X) Bases
( ) Corrosives
(X) Other: Reducing agents, metal powders, carbides, acetic
11_ TOXICOLOGICAL TNFORMATION
Toxicity Data
orl-rat LD50: 2140 mg/kg ihl-gpg LC50: 18 mg/cu.m.
Test on laboratory animals indicate material may produce adverse
Cited in Registry of Toxic Effects of Chemical Substances (RTECS)
EPA Waste Numbers: D002
Treatment:
Specified Technology - Neutralize to pH 6-9. Contact your local
permitted waste disposal site (TSD) for permissible treatment
ALWAYS CONTACT A PERMITTED WASTE DISPOSER (TSD) TO ASSURE
COMPLIANCE WITH ALL CURRENT LOCAL, STATE AND FEDERAL REGULATIONS.
DOT Proper Shipping Name:
Sulfuric Acid
UN1830
TSCA Statement:
The CAS number of
this product
is listed on
the TSCA Inventory.
SARA
SARA
CERCLA
Component
EHS
EHS TPQ
RQ
(302)
(lbs)
(lbs)
Y
1000
1000
OSHA SARA DeMinimis
Component Floor List 313 for SARA 313
Y Y 1.0
If there is no information listed on the regulatory information chart, this indicates that the c
Cor-mments:
NFPA Hazard Ratings:
Health : 3
Reactivity : 2
Revision History: 6/13/00 8/1/81 8/1/84 4/17/86 12/6/86 6/19/87
10/27/87 1/26/88 9/26/88 3/1/91 5/31/91 11/26/91 5/11/93 3/3/94 4/19/94
J = Revised Section
N/A = Not Available
The statements contained herein are offered for informational purposes only and
are based upon technical data that EM SCIENCE believes to be accurate. It is
intended for use only by persons having the necessary technical skill and at
their own descretion and risk. Since conditions and manner of use are outside
our control, we make NO WARRENTY, EXPRESS OR IMPLIED, OR MERCHANTABILITY,
FITNESS OR OTHERWISE.
http://dakwebapp.dakamericas.con-i/msds/msds/cc0l-'12.htm 9/ 11 /200

ccoermid
FP"R8 Industrial Solutions
Master RP10
Liquid cleaner for plastic
recycling process
Description
Master RP 10 is an alkaline cleaner, specifically formulated for the removal of glue, labels and organic
residuals from plastic including HDPE and PET bottles.
Master RP 10 is free of NPE, APE and other potentially harmful raw materials.
Master RP 10 allows the removal of glues and their dispersion, reducing the possibility of re -deposition.
Application Master RP 10 is particularly suitable for the recycling PET from mixed
plastics. Master RP 10 is specific for high turbulence washing plants.
Operating data
• Operating concentration 18 — 25 gA
• Application temperature 85 — 95 °C
• pH at workin concentration about 12,7
• Operating time 3 — 8 min.
irm ift�� 10 t M W Rains sr.c Mem&mW - %ft Y evano. 61.2SOW Sm L%WPNO D1 MECATE (�) - MY
9 3 31 a3�� nsSiSe�: a Tear =: ra+. A9.=1_78977D - uffid C0T4h&t2Rr TeL .39.a321.-,J�9rea • Fax:.39.=1.789rss
Anti me o SiCun?=: TeL +M.03213 • SWes+aet*maademid.= - www.macde+micLearn z.--ro�:a-�w. �►�

Master RP10 Page 2
Application procedure
All plant structures and fittings may be made of steel.
Add slowly to water the required amount of product whist mixing effectively to produce a homogeneous
solution.
Following this a solution analysis should be carried out in order to confirm the solution concentration.
Solution control
• Take 10 ml of Master RP 10 solution to be tested.
Add 20 ml of deionised water and 5-8 drops of bromocresol green.
• T-drate with 0.1 N (N110) hydrochloric acid until colour changes from blu to yellow.
• ml of 0.1 N acid x 5.5 = gA Master RP 10
Effluent
It is recommended that wastewater treatment be carried out to conform to the specific requirements of the
local authority. Advice on how to meet these requirements, once known, can be obtained from
MacDermid.
Safety in handing and use
Refer to relevant Material Safety Data Sheets.
Note
MacDermid gives no warranty, express or implied, and all products are sold upon condition that
purchasers will make their own tests to determine the quality and suitability of the product. MacDermid
shall be in no way responsible for the proper use and service of the product. Any information or
suggestions given are without warranty of any kind and purchasers are solely responsible for any loss
arising from the use of such information or suggestions.
luacBermd Italian sr.l. UmallurV . Via Vig.anG, 61 •28069 SM MAFT NO DI TAECATE (NO) • Italy .,., �m , .•. >�
Y WE At A25410nza Tecnica; Tel. [phone] • Utfid comrnerceall; TO, +39=1.769760 • Fax. +39.G3-1.769765
Ambient-- a Sicurezza. Tel,-".W21.789-Mo . salesmet0 macdemdd.com • wwwmacder.nidcem

REVISION DATE: 11/01/05
SAFETY DATA SHEET
MASTER RP 10
I IDENTIFICATION OP THE SUB STANCEIPREPARATI.ON AND"COMPANY1UNDERTAKING
PRODUCT NAME MASTER RP 10
PRODUCT NO. MSG3N0918ZDSGBN09182
APPLICATION Plastic recycling cleaner
SUPPLIER MacDermid plc
Palmer Street
Bordesley
Birmingham
59 4EU
[phone]
EMERGENCY TELEPHONE [phone]
2 COMPOSIFIONANFORMATION ON INGREDIENTS . ._ _., : _'. �,. "' _
Name
I CAS -No
-Content::
I Ciassifical -
POTASSIUM HYDROXIDE
215-181-3
1310-58-3
5-10%
C;R35 Xn;R22
The Full Text for elf R-Phrases are Displayed in Section 16
W_ -3_HAZARDS IDENTIFICATION
Causes severe bums.
CLASSIFICATION C;R35.
-_ "d_FIRS;VAID_MEASURES
*° _
GENERAL INFORMATION
Remove affected person from source of contamination. Chemical bums must be treated by a physician.
INHALATION
Move the exposed person to fresh air at once. Rinse nose and mouth with water. Get medical attention immediatelyi
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Do not induce vomiting. if vomiting occurs, the head should be kept low so that stomach vomit doesn't enter the lungs. Get medical
attention immediately!
SKIN CONTACT
Remove affected person from source of contamination. Promptly wash contaminated skin with�water. Promptly remove clothing if soaked
through and wash the skin with water. Get medical attention immediately.
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes and get medical attention. To
hospital or eye specialist.
.6 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours- Beware, risk of formation of toxic and corrosive gases. Keep run-off water out of sewers and water sources.
Dike for water control. If risk of water pollution occurs- notify appropriate authorities.
UNUSUAL FIRE # EXPLOSION HAZARDS
Beware, risk of formation of toxic and corrosive gases.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be worn in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet. Eye contact MUST be prevented by meaas of suitable personal
protection equipment. Avoid inhalation of vapours and contact with skin and eyes.
11 4

REVISION DATE: 11/01/05
MASTER RP 10
ENVIRONMENTAL PRECAUTIONS
Collect and dispose of spillage as indicated in section 13. Do not discharge into drains, water courses or onto the ground. Avoid discharge
to the aquatic environment.
SPILL CLEAN UP METHODS
Wear necessary protective equipment. Absorb with inert, damp, non-combustible material, then flush area with water. Coilect spillage in
containers, seal securely and deriver for disposal according to local regulations. Containers with collected spillage must be property
labelled with correct contents and hazard symbol- Runoff or release to sewer, waterway or ground is forbidden. Inform Authorities if large
amounts are involved.
i7 HANDLING AND STORAGE:
USAGE PRECAUTIONS
Avoid spilling, skin and eye contact. Do not handle broken packages without protective equipment. Use mechanical ventilation in case of
handling which causes formation of vapours. Avoid eating, drinking and smoking when using the product. Observe good industrial hygiene
practices.
STORAGE PRECAUTIONS
Store in tightly closed original container in a cool, dry well -ventilated place_ Keep above the chemical's freezing point to avoid rupturing the
container. Keep separate from food, feedstuffs, fertilisers and other sensitive material- Storage temperature, min 5°C max 35°C
STORAGE CLASS
Corrosive storage.
8 EXPOSURE Z;flNTRE3LSlPERSONAL PROTECTION
me- ; .. :.. ar ._ .:. f u"
Std
LT. APPm . ;`-
LT mg11n3 _t ..
ST. =APB :`. _..
5T ..mg7rn3 _
POTASSIUM HYDROXIDE
OES
2 mg/m3
PROTECTIVE EQUIPMENT
ENGINEERING MEASURES
Provide adequate ventilation, including appropriate local extraction, to ensure that the defined occupational exposure limit is not exceeded.
All handling to take place in well -ventilated area_
RESPIRATORY EQUIPMENT
If ventilation is insufficient, suitable respiratory protection must be provided. Seek advice from supervisor on the companies respiratory
protection standards.
HAND PROTECTION
Protective gloves must be used if there is a risk of direct contact or splash_ Seek advice from local supervisor. Use protective gloves made
of. Rubber, neoprene or PVC.
EYE PROTECTION
Use safety goggles and face shield in case of splash risk.
OTHER PROTECTION
Provide eyewash station and safety shower. Wear appropriate clothing to prevent any passibility of liquid contact and repeated or
prolonged vapour contact.
HYGIENE MEASURES
Wash at the end of each work shift and before eating. smoking and using the toilet Wash promptly if skin becomes wet or contaminated.
Promptly remove non -impervious clothing that becomes wet Contaminated clothing to be placed in closed container until disposal or
decontamination. Wam cleaning personnel of chemical's hazardous properties. Eating, smoking and water fountains prohibited in
immediate work area.
9 PHYSICAL AND CHEMICAL PROPERTIES — - - -
APPEARANCE Liquid
COLOUR Colourless
ODOUR Characteristic
SOLUBILITY Miscible with water.
RELATIVE DENSITY 1.137 20'C pH -VALUE, DILUTED SOLUTION 12 1%
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Avoid excessive heat for prolonged periods of time.
21 4

REVISION DATE: 11/01/05
MASTER RP 10
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
r1I ,TOXICOLOGICACINF,ORMATION,- A "
TOXIC DOSE 1 - LD 50 > 2000 mgAg (oral rat)
TOXIC CONC. - LC 50 >5 mgA14h (inh-rat)
INHALATION
Vapours may irritate throat and respiratory system and cause coughing, May cause damage to mucous membranes in nose, throat, lungs
and bronchial system.
INGESTION
Causes severe bums. May cause chemical bums in mouth, oesophagus and stomach. Swallowing concentrated chemical may cause
severe internal injury.
SKIN CONTACT
Causes severe burns. May cause serious chemical bums of the skin.
EYE CONTACT
Causes severe burns. Vapour or spray may cause eye damage, impaired sight or blindness. Contact with concentrated chemical may very
rapidly cause severe eye damage, possibly loss of sight.
i2.ECOLOGICAL- INFORMATION r
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 50, 96 Hrs, FISH mg1l > 100
EC 50, 48 Hrs, DAPHNIA, mgA > 100
IC 50, 72 Hrs, ALGAE, mg/l > 100
`.13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste is classified as special waste. Disposal to licensed waste disposal site in accordance with the local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Dispose of waste and residues in accordance with local authority
requirements. Do not allow runoff to sewer, waterway or ground-
`14 TRANSPORT..INFORMATION ' ::-
PROPER SHIPPING NAME
UN NO. ROAD
ADR CLASS
HAZARD NO. {ADR)
UN NO. SEA
IMDG PACK OR.
MARINE POLLUTANT
ICAO CLASS
Corrosive liquid, n.o.s. (contains potassium hydroxide)
1760 ADR CLASS NO -
Class 8: Corrosive substances.
80 Corrosive or slightly
corrosive substance.
1760
No.
6
15 REGULATORY INFORMATION
LABELLING
ADR PACK GROUP
CEFIC TEC(R) NO.
IMDG CLASS
EMS
UN NO. AIR
AIR PACK OR.
8
F-A, S-B
1760
II
31 4

REVISION DATE_ 11/01/05
MASTER RP 10
Corrosive
CONTAINS POTASSIUM HYDROXIDE
RISK PHRASES
SAFETY PHRASES
R35 Causes severe bums.
S26 In case of contact with eyes, rinse immediately with plenty of water and seek medical
advice.
S45 In case of accident or if you feel unwell, seek medical advice immediately (show label
where possible).
S24125 Avoid contact with skin and eyes.
S36/37139 Wear suitable protective clothing, gloves and eye/face protection_
S60 This material and its container must be disposed of as hazardous waste.
EU DIRECTIVES
2001159CE, 1999/4510E,200110E, 2001160CE, 200115SCE
16 OTHER INFORMATION, e a
ISSUED BY
HS&E Manager.
REVISION DATE 11/01/05
REV. NOJREPL. SDS GENERATED 2
DATE 11/01/05
SIGNATURE Dctt Norberto Gallina
SIGNATURE 2 Id
RISK PHRASES IN FULL
R22 Harmful if swallowed_
R35 Causes severe bums.
41 4

ANS TH
w"ciciwermid
Antifoam for SET recycle
A SPECIALTY CHEMICAL COMPANY treatment
pp"vqq
divisione OW
DESCRIPTION Ans TH is a product particulary formulated for PET
recycle treatment.
APPLICATION
OPERATING DATA
This product is used in washing caustic stage.
The presence in formula of modified siloxane, grant an
high defoaming power in caustic solution.
Ans TH formulations is in compliance with:
21 CFR 176.210 (FDA)
XIV (BGA)
For PET treatment and mixed plastics.
Ans TH is used in washing PET/PE plant.
Operating concentration:
Application temperature
100 - 200 ppm
< 90 °C
Work concentrations can change depending on type
solution to which add product and foaming control that
you want to obtain.
We suggest to disperse Ans TH in water solutions
before use.
APPLICATION PROCEDURE All structures plant can be made of steel.
Add slowly to water Ans TH and stir solution.
MaeDermid UALLANA SRL - Vva Vigevano. 61 - 128069 SA` NURTEN�O DI TRECATE (NO) - UffCo= +39.032 E-789760 -Fax [phone]

SOLUTION CONTROL The amount of Ans TH used is in relation to the
amount of PETIPE treated.
Automatically dosage of the product is possible.
WASTE TREATMENT Solution degradation time is connected with the
amount of material treated.
STORAGE AND HANDLING
PRECAUTIONS
Edition of 25 January 2002
When the operational and time limits will be reach
dispose of the exhaust solution in a suitable waste
water plant.
Masco recommends that the company/operator read
and review the Safety Data Sheet for the appropriate
health and safety before use.

REVISION DATE: 11/0512006
SDS No.: 15209
SAFETY DATA SHEET
ANS TH
1 IDENTIFICATION OF THE SUSSTANCEIPREPARATION AND COMPANYIUNDERTAKING
PRODUCT NAME
ANS TH
PRODUCT NO.
MRCXR09195
APPLICATION
Antifoam - Silicone based
SUPPLIER
MacDermid pic
Palmer Street
Bordesley
Birmingham
B9 4EU
[phone]
EMERGENCY TELEPHONE
24 Hour Emergency Incident Number [phone]
2 COMPOSITION11NFORMATION ON INGREDIENTS
ame .- -
EC No _'
CAS�Io_ -
Content -
Classrt{catron
-
SILICONE ANTIFOAM
10313%
The Full Text for all R-Phrases are Displayed in Section 16
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water.
Get medical attention.
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with soap and water. Get medical attention d any discomfort continues_
EYE CONTACT
Promptly wash eyes with plenty of water while lifting the eye lids. Continue to rinse for at least 15 minutes. Contact physician it discomfort
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire -extinguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep run-aff water out of sewers and water sources. Dike for water control.
SPECIFIC HAZARDS
Fire or high temperatures create: Oxides of: Carbon.
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be worn in ease of f€re.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protective clothing as described in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do not allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runoff or release to sewer, waterway or ground is forbidden. Absorb in vermiculite, dry sand or earth and place into containers.
iTiiE-1

REVISION DATE: 11/05/2006
SDS No.: 15209
ANS TH
7 HANDLING AND STORAGE
USAGE PRECAUTIONS
Avoid inhalation of vapours/spray and contact with skin and eyes. Avoid eating, drinking and smoking when using the product, Observe
good industrial hygiene practices.
STORAGE PRECAUTIONS
Keep separate from food, foodstuffs, fertilisers and other sensitive material. Protect from freezing
STORAGE CLASS
Chemical storage.
MIN. STORAGE TEMP (°C) 5
MAX. STORAGE TEMP (°C) 35
S EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
RESPIRATORY EQUIPMENT
In case of inadequate ventilation use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended.
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact
OTHER PROTECTION
Provide eyewash station_ Wear appropriate clothing to prevent any possibility of skin contact.
HYGIENE MEASURES
No specific hygiene procedures noted, but good personal hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each work shift and before eating, smoking and using the toilet.
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE
Liquid
COLOUR
Milky.
ODOUR
Slight odcur
SOLUBILITY
Disperses in water
RELATIVE DENSITY
1.00
FLASH POINT (-C)
> 100
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Not known.
MATERIALS TO AVOID
No incompatible groups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LID 50 >2000 mglkg (oral rat)
TOXIC CONC. - LC 50 >20 mgl114h (inh-rat)
pH -VALUE, CONC. SOLUTION 7.5
21 4

REVISION DATE: 11105/2006 SDS No.: 15209
ANS TH
INHALATION
No specific health wamings noted.
INGESTION
May cause discomfort if swallowed. Nausea, vomiting.
SKIN CONTACT
No specific health warnings noted.
EYE CONTACT
No specific health warnings noted,
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC 50, 96 Hrs, FISH mg1I n 100
EC 50, 48 Hrs, DAPHNIA, mg/l > 100
IC 50, 72 Hrs, ALGAE, mgll > 100
HIOACCUMULATION
No data available on bioaccumulation
WATER HAZARD CLASSIFICATION
WGK1
13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements,
14 TRANSPORT INFORMATION
GENERAL The product is not covered by international regulation on the transport of dangerous goods (IhIDG, IATA.
ADRIRID).
15 REGULATORY INFORMATION
RISK PHRASES
NC Not classified.
EV DIRECTIVES
Dangerous Substance Directive 6715481EEC. Dangerous Preparations Directive 1999/451EEC. System of specific information relating to
Dangerous Preparations. 2001158/EFC. Also in accordance with 20011601EC & 2004f73/EC
16 OTHER INFORMATION
ISSUED BY
HS&E Manager
REVISION DATE 1110512006
REV. NOIREPL. SDS GENERATED 0
DATE 11105/2006
SIGNATURE Dott Norberto Galiina
SIGNATURE 2 Id
RISK PHRASES IN FULL
NC Not classified.
31 4

REVISION DATE: 1110512006 SIDS ND- 15209
ANS TH
DISCLAIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any other materials or in any process. Suoh information is, to the best of the company's knowledge and belief, accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the user's responsibility to satisfy himself as to the suitability of such information for his own particular use.
41 4

r` MaC Dermid MASTER S 4
A SPECIALTY CHEMICAL COMPANY Additive for PET
recycling process.
divisioneWFong-jo
DESCRIPTION Master S 4 is a product pariiculary formulated for
recycling PET.
A particular mixture of surfactant and heavy
emulsifier make PET separation easier from other
plastic materials.
Polisiloxane derivates are present in the formula to
grant higher defoaming.
APPLICATION Separating PET from mixed PETIPE plastic
recycling plants.
OPERATING DATA Range Optimum
Concentration: 10 - 100 ppm 50 ppm
Temperature: 20 - 50 °C 35 °C
Concentratios vary with desired results.
Master S 4 can be pre-disolved in water prior to
adding to tank.
APPLICATION PROCEDURE Mild steel equipment required.
Add Master S 4 slowly to water while stiring.
MocDermid ITAUA-N..\ SRL. - Via Vigevano, 61 - 2-28049 s v �NL�.RTLrO D! TRECATE (NO) - Uff Comm. +39.0321-789760 . F&K +39.0321.789765

SOLUTION CONTROL The amount of Master S 4 used is proportional to the
amount of PETIPE treated.
WASTE TREATMENT
STORAGE AND HANDLING
PRECAUTIONS
Latest revision: April 9,2001
Automatic dosing of this product is possible.
Dispose in accordance with local authority,
Carefully review material Safety Data Sheet prior to
use.

REVISION DATE: 19/10/2006
SDS No.; 14270
SAFETY DATA SHEET
MASTER S4
1 IDENTIFICATION OF THE SUBSTANCEJPREPARATION AND COMPANYIUNDERTAKING
PRODUCT NAME MASTER S4
PRODUCT NO. MRCXR09037, DRCXR09037, 162355
APPLICATION Floating
SUPPLIER MacDermid plc
Palmer Street
Bordesley
Birmingham
69 4EU
[phone]
EMERGENCY TELEPHONE 24 Hour Emergency Incident Number [phone]
2 COMPOSITIONIINFORMATION ON INGREDIENTS
COMPOSITION COMMENTS
This product does net contain any sudstance classifad as hazardous to Health or the Envirr,ment
3 HAZARDS IDENTIFICATION
Not regarded as a health or environmental hazard under current legislation.
4 FIRST -AID MEASURES
INHALATION
Move the exposed person to fresh air at once. Get medical attention if any discomfort continues
INGESTION
Promptly get affected person to drink large volumes of water to dilute the swallowed chemical. Rinse nose, mouth and throat with water_
Get medical attention.
SKIN CONTACT
Remove contaminated clothing immediately and wash skin with soao and water. Get medical attention if any discomfort continues.
EYE CONTACT
Promptly wash eyes with plenty cf water while lifting the eye lids. Continue to rinse for a, least 15 minutes. Centsct physician if dis=rr.fcrt
continues.
5 FIRE -FIGHTING MEASURES
EXTINGUISHING MEDIA
The product is non-combustible. Use fire-exbriguishing media appropriate for surrounding materials.
SPECIAL FIRE FIGHTING PROCEDURES
Avoid breathing fire vapours. Keep run-off water out of sewers and water sources. Dike for water control.
SPECIFIC HAZARDS
Fire or high temperatures create: Carbon monoxide (CO)_ Carbon dioxide (CO2)_
PROTECTIVE MEASURES IN FIRE
Self contained breathing apparatus and full protective clothing must be wom in case of fire.
6 ACCIDENTAL RELEASE MEASURES
PERSONAL PRECAUTIONS
Wear protec'ive clothing as descr;ded in Section 8 of this safety data sheet.
ENVIRONMENTAL PRECAUTIONS
Do no, allow to enter drains, sewers or watercourses. Avoid release to the environment.
SPILL CLEAN UP METHODS
Runoff or release to sewer, waterway or ground is forbidden_ Absorb in vermiculite, dry sand or earth and place into containers
7 HANDLING AND STORAGE
11 3

REVISION DATE: 19110I2006
MASTER S4
SDS No.: 14270
USAGE PRECAUTIONS
Avoid inhalation of vapourstspray and contact with skin and eyes. Avoid eating, drinking and smoking when using the product. Observe
good industrial hygiene practices.
STORAGE PRECAUTIONS
Keep separate from food, feedstuffs. fertilisers and other sensitive material_ Storage temperature . min 5°C max 35°C
STORAGE CLASS
Chemical storage.
MIN. STORAGE TEMP (°C) 5
MAX. STORAGE TEMP (-C) 35
8 EXPOSURE CONTROLSIPERSONAL PROTECTION
PROTECTIVE EQUIPMENT
RESPIRATORY EQUIPMENT
In case of inadequate ventilation use suitable respirator.
HAND PROTECTION
PVC or rubber gloves are recommended.
EYE PROTECTION
Wear splash -proof eye goggles to prevent any possibility of eye contact.
OTHER PROTECTION
Provide eyewash station. Wear appropriate clothing to prevent any possibility of skin contact.
HYGIENE MEASURES
No specific hygiene procedures noted, but good personal hygiene practices are always advisable, especially when working with
chemicals. Wash at the end of each worts shift and before eating, smoking and using the toilet
9 PHYSICAL AND CHEMICAL PROPERTIES
APPEARANCE
Liquid
COLOUR
Milky.
ODOUR
Odourless
SOLUBILITY
Miscible with water.
BOILING POINT (-C)
100'C RELATIVE DENSITY 1,00 @ 25-C
pH -VALUE, CONC. SOLUTION
5-7 FLASH POINT (°C) > 100
10 STABILITY AND REACTIVITY
STABILITY
Stable under normal temperature conditions and recommended use.
CONDITIONS TO AVOID
Not known.
MATERIALS TO AVOID
No incompatible groups noted.
HAZARDOUS DECOMPOSITION PRODUCTS
None under normal conditions.
11 TOXICOLOGICAL INFORMATION
TOXIC DOSE 1 - LD 50 >5000 mglkg (oral rat)
INHALATION
No specific health warnings noted.
21 3

REVISION DATE: 19110/2006 SDS No.: 14270
MASTER S4
INGESTION
May cause discomfort if swallowed_ Nausea, vomiting.
SKIN CONTACT
No specific health warnings noted.
EYE CONTACT
No specific health warnings noted.
12 ECOLOGICAL INFORMATION
ECOTOXICITY
The product components are not classified as environmentally hazardous. However, this does not exclude the possibility that large or
frequent spills can have a harmful or damaging effect on the environment.
LC $0, 96 Hrs, FISH mglE > 100
EC 60, 48 Hrs, DAPHNIA, mg11 > 100
IC 60, 72 Mrs, ALGAE, moll > 100
WATER HAZARD CLASSIFICATION
WGK 1
13 DISPOSAL CONSIDERATIONS
GENERAL INFORMATION
Waste to be treated as controlled waste. Disposal to licensed waste disposal site in accordance with local Waste Disposal Authority. When
handling waste, consideration should be made to the safety precautions applying to handling of the product.
DISPOSAL METHODS
Environmental manager must be informed of all major spillages. Do not allow runoff to sewer, waterway or ground. Dispose of waste and
residues in accordance with local authority requirements.
14 TRANSPORT INFORMATION
GENERAL The product is not covered by international regulation on the transport of dangerous goods (IMOG, IATA,
ADRIRID),
15 REGULATORY INFORMATION
RISK PHRASES
NC Not classified.
EU DIRECTIVES
Dangerous Substance Directive 6715481EEC. Dangerous Preparations Directive 19991451EC. System of specific information relating to
Dangerous Preparations_ 2001158IEC. Also in accordance with 20011601EC & 20041731EC
16 OTHER INFORMATION
ISSUED BY
HS&E Manager.
REVISION DATE
19/1012006
REV. NO.lREPL. SDS GENERATED 1
DATE
11910912005
SIGNATURE
Doti. Norberto Gallina
SIGNATURE 2
Id
DISCLAIMER
This information relates only to the specific material designated and may not be valid for such material used in combination
with any other materials or in any process. Such information is, to the best of the company's knowledge and belief, accurate
and reliable as of the date indicated. However, no warranty guarantee or representation is made to its accuracy, reliability or
completeness. It is the user's responsibility to satisfy himself as to the suitability of such information for his own particular use.
31 3

WO
SITE
TRACT 1A
fig\ n
�P \` TRACT t +1'� Sr 210
VICINITY MAP
(NOT TO SCALE)
LEGEND:
IRS(0IRS-IRON ROD SET
UP EIP-EXISTING IRON PIPE
PKQ ECM -EXISTING CONCRETE MONUMENT
2 PK-PK MASONRY NAIL SET
"0 V PM -PUNCH MARK SET
CPO CP-COMPUTED POINT
N/F-NOW OR FORMERLY
R/W-RIGHT OF WAY
PROPERTY LINE
-- ADJACENT PROPERTY LINE
RIGHT-OF-WAY
FENCELINE
STORM DRAIN
RAILROAD TRACKS
OVERHEAD UTILITIES
CLEANOUT
SANITARY SEWER MANHOLE
(D)STORM DRAIN MANHOLE
DIY DI -DROP INLET (STORM DRAIN)
WATER VALVE
FIRE HYDRANT WITH BOLLARDS
WATER VALVE WITH BOLLARDS
MONITORING WELL
AREA LIGHT
LANDSCAPE LIGHTING
TELEPHONE PEDESTAL
UTILITY BOX
PP • POWER POLE
C ANCHOR
SITE ADDRESS
3468 CEDAR CREEK RD. (NC HWY 53/210)
FAYETTEVILLE, NORTH CAROLINA 28312
EASEMENT
CAROLINA POWER & LIGHT COMPANY HIGHTWAY RIGHT OF WAY LINE
CP&L DRAWING # RW-D-566, N.C. DEPARTMENT OF TRANSPORTATION
EASEMENT
PK NAIL SET AT THE CENTERLINE INTERSECTION pK SHEET 2 CAROLINA POWER & LIGHT COMPANY t DB 2391, PG 269
OF JOHN B. CARTER RD. (SR 2010) & S51'1418"E CP&L DRAWING # RW-A-4292 CEDAR CREEK ROAD A D (N C HIGHWAY 5 3 /21 } 2 D PUBLIC R /W STATE HIGHWAY PROPJECT 6.801 aa2
CEDAR CREEK ROAD (NC HIGHWAY 53/210) 172.50' (TIE) DB 2473, PG 359
PP IRs PPS S68'45'05'E 1183.52' (TOTAL) / ECM
a ri 7 . ♦ - a rrr�rr,r-n -r- m r---n -- -n=yr - - rr rr PP P�yr�Rnrr� PPP
- PP -
! 518.96' /7r-u=66r� rr ---r
VAULT I ; / // / �/ / WATER
(PARKING LOT EASEMENT) // / // / // �I f� > POINT OF BEGINNING�-
j \,, SIGN WITH LIGHTS CONTROL CORNER ------
/ / / ./ / / / / / / / ./ / / / / / / / I II
/ CONC. FLUME I I I / I / I / I I I / / I DI i
/ / DI DI DI �1
MASONRY UTILITY Lo PARKING LOT AND
BUILDING GATE P M / / / / / / / / / / / / / / ! "�E ^ DRIVEWAY EASEMENTASPHALT PARKING
rr,tfl I
QI AREA (UNSTRIPED)` �{ rn1 11z
EXISTING I / / / / / / / / / / / / /��� Vl15
I. , BUILDING CORNERS
BASELINE OF A 140' PROGRESS / / ni
CP&L ELECTRICAL EASEMENT ENERGY / /5.0' FROM BOUNDARY LINE/ / / / / / / GUARD DI in
zi O
DB 2473, PG 359 SUBSTATION ! / / /� r / �/ / / / q
[31 �I / HOUSE
METAL / / // / / / / / / // / / I / / / I !rr �, L N68'45'16"W 219.35' IRS
J
UTILITY / / / / / / / / I / I / / / / GATE CHAIN LINK FENCE 1 DI,. U lv �.__�. ..--------
CONTROL 51.0' / / / ! / n 15" RCP f 00
/ / / / / / % ! �
BUILDING // / / / / / / / / / / / " / / / L26 I N68'47'22'W 1100.33' (TIE) GATE 1 N/F �.��,�
METAL 51 4' / / N68'58'35 W / E.M.STARLING „ 0<,
SUBSTATION / / / I / / / / 144.56' / / I 1 DB 983, PG 123
BUILDING ; / ! / / / ,/ / / / / /' /A o L4
IRS ------ --�-
---------------Ias ---- -- -- -®----- - - ---- - ---------------------- ----© -----
ECM n AO� L23. 4."ih -/� C2._: GRASS AREA S68'46'44"E.486.22' ��7 ECM
RS _ _ 154.68' _
J� 1 / 7 N68'45'16"W PLANT CONTROL MONUMENT GRASS AC UNIT N68'44'02"W 641.05' ,/ �1
R=23+50 N68'45 23"W FLAG ON CONC PAD MONITORING WELL EASEMENT / `� GRASS
S=4+00 336.91' POLE I AREA AGREEMENT BETWEEN DAK RESINS, LLC �/ / VAREA PLANT CONTROL MONUMENT
GRASS AREA IN FAVOR OF MONSANTO COMPANY {\ I R=12+50
SIDEWALK DB 6430, PG 691 ram\r S=4+00 INSET 'B'
DB 6593, PG 141 N4453'25"W / J't
65.73'
SIDEWALK GRASS AREA_- -
Li
<11
ASPHALT CONC PAD / 4 ECM 568'46'32"E 71728' EIP®
VAULT AREA WITH MANHOLE 0 MANHOLE Di ��9 / _ S68'37'27"E 442.32' :_ _® _ _�-
`- T _ -
METAL VAULT L17 ___L- L 1 _ -1-�i- / - - / � -! / '� s°7s �4.
(SEE NOTE 2) N6831'24"W 407.86' 3d74?�
CONC SLAB (SEE NOTE 2) f
CONIC WITH RAMP GN32'112'12 W
DRIVE'; ASPHALT 53.45' r\�
AREA
ea:oo' TRACT 1 A
JAI& Jrkpra4e- T �-
`� J EDGE OF CONCRETE $
N/F �9 N FOUNDATION
DAK RESINS, LLC N GRASS
DPB6379, PC 2 AREA 10, PG 09��Yv \
TRACT 1 GONG x7
SLAB k'�\ / 9 WOODED
CPRS EDGEOF
FOUNDATION CONCRETE GRASSAREA `�o\� / \ D1 AREA
"�14 E � CONCRETE
S6 B'S0
SIREN O
10.00 i ^ METAL POLE V
&
eI rn bridge \� \
(BY COORDINATE COMPUTATION) . cv
TRACT 1 - 5,192,887 SF 119.21 ACRES I I ry GRASS nclatiQe GRASS VAULT
n AREA PARKING LOT AND
TRACT 1 A - 2.291-491 SF 52.61 ACRES I cD AREA
DRIVEWAY EASEMENT
TOTAL 7,484,378 SF 171.82 ACRES w 1 13
•� �\ (RUNS WITH EXISTING DRIVEWAY)
(fir" 1
! I -� I ` GRASSCONC/ !
SUBJECT PROPERTY lbIEOORR t♦ci A31ON AREA SLAB /
DS. 6379 , PG. 812 - -' N68'49'46'w y
PB, 110 , PG. 009 z I I tRS r 363.55' PM I 0, �
CP I CPIN76'14'11"W - - t MANHOLE ASPHALT / AM
1) ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES 10.08' o - A A DID -DI 0 1 /
UNLESS OTHERWISE NOTED. I o ,, 6rI� i.; GRASS AREA GRASS AREA GRAS5 AREA /
2) ACCORDING TO DAK PERSONNEL THESE VAULTS AND MANHOLES o _ �lndatian , W ASPHALT
ARE PART OF A DEFUNCT ELECTRICAL SYSTEM AND
ARE CURRENTLY NOT IN USE.
3) NONCONFORMING STRUCTURES HAVE NOT BEEN CREATED BY THIS
SURVEY.
4) THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA
OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT
REGULATES PARCELS OF LAND.
5) NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT.
6) SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X, BEING THE
AREA DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL
CHANCE FLOODPLAIN, WITH THE EXCEPTION OF THE HATCHED
AREA SHOWN, WHICH IS IN THE 0.2% ANNUAL CHANCE FLOOD.
FLOOD INFORMATION SHOWN IS AS TAKEN FROM NFIP--FLOOD
INSURANCE RATE MAP, MAP NUMBER 3720046400J, PANEL
0464J, EFFECTIVE DATE: JANUARY 5, 2007,
ZME: MP (PLANNED INDUSTRIAL DISTRICT)
SETBAC :
FRONTYARD = 100 FEET
SIDEYARD = 50 FEET
REARYARD = 50 FEET
CHICAGO TITLE INSURANCE COMFANY
SCHEDULE B - SECTION 11 - EXCEPTIONS
2. EASEMENTS BETWEEN MONSANTO COMPANY AND CARODEL CORPORATION RECORDED IN BOOK 3120,
PAGE 594; AND BOOK 2704, PAGE 757, 763, 771 AND 774, CUMBERLAND COUNTY REGISTRY. (ALL
DO NOT APPLY TO SUBJECT PROPERTY)
3. EASEMENT BETWEEN MONSANTO COMPANY AND FIBER INDUSTRIES, INC. RECORDED IN BOOK 2811,
PAGES 92, 95, AND 98; AND BOOK 2815, PAGE 795, CUMBERLAND COUNTY REGISTRY. (ALL DO
NOT APPLY TO SUBJECT PROPERTY)
4. EASEMENT TO NC NATURAL GAS CORPORATION RECORDED IN BOOK 4578, PAGE 826, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY).
5. EASEMENT(S) TO CAROLINA TELEPHONE AND TELEGRAPH COMPANY RECORDED IN BOOK 702, PAGE
580;(BLANKET EASEMENT; NO SPECIFIC LOCATION)
AND BOCK 2434, PAGE 829 (RIGHT TO CONSTRUCT GUY WIRE ANCHOR; NO SPECIFIC LOCATION
GIVEN), CUMBERLAND COUNTY REGISTRY.
6. EASEMENT(S) TO CAROLINA POWER AND LIGHT COMPANY RECORDED IN BOOK 817, PAGE 438
(BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK 491, PAGE 191 (BLANKET EASEMENT;NO
SPECIFIC LOCATION); BOOK 465, PAGE 177 (BLANKET EASEMENT; NO SPECIFIC LOCATION); BOOK
2414, PAGE 480 (BLANKET EASEMENT; NO SPECIFIC LOCATION); AND BOOK 2473, PAGE 359, (AS
SHOWN ON SURVEY MAP)CUMBERLAND COUNTY REGISTRY.
7. EASEMENT(S) TO THE NORTH CAROLINA STATE HIGHWAY COMMISSION RECORDED IN BOOK 809, PAGE
317(DOES NOT APPLY TO SUBJECT PROPERTY); BOOK 2387, PAGE 540 (DOES NOT APPLY TO
SUBJECT PROPERTY); BOOK 2391, PAGE 269 (RIGHT OF WAY LINE AS SHOWN ON SURVEY MAP); AND
BOOK 2391, PAGE 271 (TEMPORARY CONSTRUCTION EASEMENT), CUMBERLAND COUNTY REGISTRY.
8. AGREEMENTS WITH SEABOARD COASTLINE RAILROAD COMPANY AND ASSIGNMENT OF AGREEMENT
RECORDED IN BOOK 2272, PAGE 97 (AS SHOWN ON SURVEY MAP); BOOK 2411, PAGE 699 (BLANKET
EASEMENT; NO SPECIFIC LOCATION);AND BOOK 2756, PAGE 227 (AS SHOWN ON SURVEY MAP),
CUMBERLAND COUNTY REGISTRY.
9. UTILITY EASEMENT TO CITY OF FAYETTEVILLE RECORDED IN BOOK 5915, PAGE 780, CUMBERLAND
COUNTY REGISTRY. (DOES NOT APPLY TO SUBJECT PROPERTY)
10. RIGHTS OF OTHERS IN AND TO THE CONTINUED UNINTERRUPTED FLOW OF CAPE FEAR RIVER.
11. EASEMENT AGREEMENT BETWEEN DAK RESINS, LLC AND MONSANTO COMPANY RECORDED ON BOOK
6430, PAGE 691; AND BOOK 6593, PAGE 141, CUMBERLAND COUNTY REGISTRY, (MONITORING WELL
EASEMENT AS SHOWN ON SURVEY MAP)
INSET 'A'
FOR 10' WIDE
PIPE BRIDGE EASEMENT
LINE TABLE
LINE
LENGTH
BEARING
L1
38.42
S00'55'58"E
L2
49.15
S5316'10"
L3
38.60
N24'45'00"W
L4
27.17
S67'37'22"
L5
56.41
S43'49' "
L6
105.16
S17' '19"
L7
116.58
S 1'19' 8"14
L8
99.03
$23'36'16'W
L9
84.71
S35'59'06"
LID
22.90
S68'45'16"E
1-11
72.84
S36' -38"W
L12
91.04
N38-41'38"
L13
87.24
N30'40' 5'
L14
66.72
N20'43'39"
L15
50,25
1'17'42"
L16
129.97
NI0'38'42"E
L17
39.18
N56'02' 5"W
L18
38.28
N38'43'13"W
L19
55.37
N '53' "
L20
47.07
N18'21'08"
L21
57.6E
N09' 8"W
L22
23.26
N20'41'49'
L23
98.91
S68'36'19"
L24
23.37
S77-18'28"
L25
28.95
N72'46'17"
1_25
8.47
N18'31'09"E
Load diNturhod
Fie -Tye mierit
5709:s umv k
Pipe bridge wvtinn 1
2750
Pille N-ttlge section 2
2 500
P ipe bridge Res:iiva 3
1300
Pipe bridge: Nectitn 4
625
Pipe lmdg • wljoa 5
2I pia
Pipe bridge mmilim 6
11 (XI
SubStal i(m
750
Trn0 ru:lrle
1540
Office uncle'
1200
Silo Ittiri
rj400
C'�+ssipaC'tnr
600
,Axes bet4 otm bailt3ingq
2985
Total 3t3eta r'e It_Diwturhwd
29554
OfIr Aire square R. -
435iii)
Limid Rcvemg d'esturhed n.69 a_tev
BOUNDARY LINE RUNS
ALONG AND NEAR THE CONCRETE
FOUNDATION
S78'04'41 "E
77.27'
S82-52'55"E
26.73, N68'S439
N 21 '23' 02"E .
30, 08'
IRS
L27 IRS
EASEMENT LINE CORNERS
ARE 8 FEET FROM RAILROAD
TRACK CENTERLINE
(TYPICAL)
IRS
pipe bridge
foundation
GRASS
AREAS
ASS AREA
CONC
SLAB
RAILROAD TRACK AGREEMENT WITH
too SEABOARD COAST LINE CO.
DB 2756, PG 227
N DB 2272, PG 97
to
S 71-52'53"E
54.08'
N6010 0:
47.51,
28 CP L29`'='*�'4�
CP L 3tj
CP C
RAILROAD SPUR TRACK 'C"
RAILROAD
EASEMENT LINE TABLE
LINE
LENGTH
BEARING
L27
16.00
S21.23'02"W
L28
80.73
S68'5439"E
L29
45.53
S60.10'03"E
L30
65.87
S54'47'26"E
L31
64.73
S49'05'11 "E
L32
1. 16.36
N34' 7'14"E
N21'23'07"E
11.93,
N68'50'14"W IRS
S74'33'41 "E
26.42'_
Gj i.41 AS
N54'47'26"W ASPHALT
67,42' AREA
^� N49'05'11 "W
_lam 66.27'
CP
N
16' WIDE TRACK 46
ACCESS EASEMENT ,
4H+
IRS
i
14
�w o
N /F
FALLING RUN MISSIONARY
BAPTIST CHURCH
DS 3576, PG 159
E3P
DI AREA DI In 1 ON
CONC LANDING L / SLAB
WITH STEPS � DI / DI
BOUNDARY LINE RUNS CONC SLA �I
ALONG AND NEAR THE CONCRETE WITH RAMP /
FOUNDATION Dl CONC SLAB GONG.
WITH RAMP / SLAB
IRS __ 285.11' CONIC
N68'47'28"W IRS ® SLAB
/ J
3 w� N19-34'31"E - GONG S56'36'28"E
10 `--��_ 15.66' SLAB f / 76.97'
o � `DNr6,9*lO'49V"W
-DI
Cq
A PHALT / // RIGHT-OF-WAY &EASEMENT AGREEMENT BETWEEN
521'17Q16'IW �'_ 9 'll° P NIC SLAB DR CONG ter/ MONSANTO NORTH CAROLINA, INC.
11 CA J"" I� SLAB I / Irn
PIP brldr IRS PK " AND SEABOARD COAST LINE RAILROAD CO.
'r-mindaV 10' WIDEN68'45'18 W / DB 2756, PG 227
0S PIPE BRIDGE EASEMENT IRS,,_ - 219.35' / 10 DB 2272, PG 97
R SEE INSET 'A' " - pTo%p SEE INSET 'B'
N68' '14"W LECTRIC BOX S70'28'00 E y g°• /
6b 57'3I.� 82.79'
19.20' :i,
F++IfFFH�fFIIMIPM ��� 10 DI R5 359E IRS IRS N68°45'16"W �•
751411 '. DI DI 336.03' of
TRACK 7
'
Iro.15 DB 2756, PG 227 rO'
S74"I1, 28"E_ C NC DS 2272, PG 97
[--5793145�i3 E S6 456606"E G' ASPHALT AREA �-~ 15.19' AS
3
u
GONG
^PAQ FLOOD LfMiT LINE
--- I CONC LANDING m CONC FLUME /j
12 X15 I WITH STEPS CONIC // AREA OF 0.2X ANNUAL CHANCE FLOOD
RAILCAR SCALE ��- -SLAB / SEE NOTE 6
r WEIGHT ROOM I I : { )
- CONIC PAD VAULT g
} _ MONITORING WELL EASEMENT // N/F
4" ; E ME
W 3�
s.2
1s•
STEAM MLR E NT BETWEEN DAK RES1N5, LLC f
� I / MCNC PRODUCTS COMPANY
EXISTING VAULT I L� CONIC IN FAVOR OF MONSANTO COMPANY DB 3237, PG 818
WAREHOUSE SLAB w DB 6430, PG 691 ,
EXISTING ca DB 6593, PG 141 /
L32 i WAREHOUSE z
LL
root rjv.�r space :3
BOUNDARY LINE CORNERS RS Qb 0 "• w� z
ARE 8 FEET FROM RAILROAD N34-07'14" ?' N6632'39"W N67.34'42"W LO i
TRACK CENTERLINE 31.45' 108.41' IRS 130.27' IRS N67'46'58"W 441.36' U
(TYPICAL)
IRS
N49'36'47"W N57'56'46"w o �� GRAPHIC SCALE
38.29' 64.80'
_h1 ` 100 0 5D 100 200
�v� £SCREED
104 GILLESPIE STREET
FAYETTEVILLE, NORTH CAROLINA 28301
PH (910) 323---3400
FAX [phone]
Internet Site: http: //www.mckimcreed.com
�4`
ECM
( IN FEET )
1 inch = 100 ft.
a LOCH I ION SIJRVEY
OF A PORTION OF
LOT 1 P TIDE FO E ONSANT'O PROPERTY
AS ECORDE � 1 PLAT BOOK 110, PAGE 09
FOR
DAK AME ICAQ L.LC AND CLEAR PATH RECYCLING, LLC
JATr-;-V,,IUAI"'Y t', 2-009 SCALE:1" - 100'
CEDAR I I�EF �i3 1' 'f CUMBFRI_AND COUNTY NORTH CAROLINA
1
ECM
FEQ
DwQ
400
PROJEG 1 # 055570001
=R0J. SVYR TEJ
DRAWN BY CLM
SHEET # 1 OF 1