HomeMy WebLinkAboutNCG080863_COMPLETE FILE - HISTORICAL_20150710STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO. /V C& l7 D D O
DOC TYPE HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE ❑ �D) S p ] / U
YYYYMMDD
ANEWIVAL
A
NCDENR
North Carolina Department of Environment and Natural Resources
Rat McCrory Donald R. van der Vaart
Governor Secretary
July 10, 2015
Ms. Mary Weiss
Academy Bus, LLC
2020 Briggs Avenue
Durham, NC 27703
Subject: NPDES General Permit NCGO80863
Academy Bus, LLC
Formerly Evergreen Trails, Inc. d/b/a
Horizon Coach Lines
Certificate of Coverage NCG080863
Durham County
Dear Ms. Weiss:
Division personnel received your request to revise your stormwater permit Certificate of Coverage
to accurately reflect your new company and/or facility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in
the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is
issued under the requirements of North Carolina General Statutes 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency.
If you have any questions or need further information, please contact the Stormwater Permitting
Program at (919) 707-9220.
Sincerely,
ORIGINAL SIGNED M
KEN PICKLE
for Tracy E. Davis, P.E., CAM, Director
Division of Energy, Mineral and Land Resources
cc:�aleigh Regional Office
Stormwater Permitting Program Files
Central Files
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 I FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal.ncdenr.org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper
i --
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO80000
CERTIFICATE OF COVERAGE No. NCGO80863
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Academy Bus, LLC
is hereby authorized to discharge stormwater from a facility located at:
Academy Bus, LLC
2020 Briggs Avenue
Durham
Durham County
to receiving waters designated as Third Fork Creek, a class C; NSW water in the Cape Fear
River Basin, in accordance with the effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, lI, III, and IV of General Permit No. NCG080000 as attached.
This certificate of coverage shall become effective July 10, 2015,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July10, 2015.
ORIGINAL SIGNED Bl
KEN PICKLE
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
A ; : Division of Energy, Mineral & Land Resources
Land Quality Section/Stormwater Permitting
NCDENR National Pollutant Discharge Elimination System
N
N�NMCTo��. � o. REPERMIT NAMEIOWNERSHIP CHANGE FORM
rJ.viPOnnGiT wo uw.i ReSouA[es
FOR AGENCY USE ONLY
Date Received
Year
I Month
I Day
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N C S 0 N G G
11. Permit status prior to requested change.
a. Permit issued to (company name): �� 1 rc. ,1 s =roc -� x) c\ or-::L., Lt vu. h � `..C-S
b. Person legally responsible for permit: I :sacrC U, crk'
First M I Last
S�C-,+�1 'Munro 2i
"title
2r, Gear S55 to a t
Permit Holder Mailing Address
N1- --'�-))a3
City State Zip
(atC- ) SW-1SSV1 (tisA ,c6% 1"
Phone Fax
c. Facility name (discharge): Jer4,r its. �re:.�S z�l p Ic" 1�V-
d. Facility address: C: 'C\ 'j -t-
Address
City State Zip
e. Facility contact person: n `r fir-- ( Ck Nr;)
First / MI 1 Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: [% Change in ownership of the facility
❑ Name change of the facility or owner
If other Please e lVain:
b. Permit issued to (company name):
c. Person legally responsible for permit
RECEIVED
Q= S5 — rev 1_�1
First M I Last
�ca• �� Ty\ U r\c. s.-r C�
MG
APR 3 0 2015 V-N, \3e--
Permit Ho Ter Mailing Address
DENR-LAND QUALITY ;c-hc.m try c- 2'?-�6-1
STQRI'dWATER PERiVII TING City State Zip
( G �C\ Lxi!6p -- , 23c7
Phone E-mail Address
d. Facility name (discharge):
e. Facility address:
r ddress
City State ` zip
f. Facility contact person: � �CACI �� W '�—\ qS
First M l Last
Phone F-mail Address
IV. Permit contact information (if different from the person legally responsible for the permit)
Revised Jan. 27, 2014
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
First M I Last
Title
Mailing A dress
.s r>ti�m N Z1 7 03
City State Zip
(a�G. ) U` %-�
Phone E-mail Address
Will the permitted facility continue to conduct the same industrial activities conducted prior
V. to this ownership or name change?
® Yes
❑ No (please explain)
VI Required Items: TIIIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
This completed application is required for both name change and/or ownership change
requests.
[ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
Tj or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
P 'R; JITTEE CERTIFICATION (Permit holder prior to ownership change):
l; cs'�•,i+, attest that this application for,
name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature Date
APPLICANT CERTIFICATION
1, Zre;44attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
/ ram &' "Y—) J3s L )-� s
Signature Date
....................................
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Storrnwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014
DIC ✓
.� PA
NCDEN p
iJM.IOu..O� w40 Hg4M4. pLKwI�C.C?
1.
Division of Energy, Mineral & Land Resources
Land Quality Section/Stormwater Permitting
National Pollutant Discharge Elimination System
PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE ONLY
Date Recelved
Year Month
Da
Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N 10.$ 0 N I C I G
11
Permit status nriar to requested change.
a. Permit issued to (company name):
b. Person legally responsible for perrnit:
\ - L
N(_. L1o`�_O1�i;�___S-
c. Facility name (discharge):
d. Facility address:
e. Facility contact person:
Crtc Crn.t L_i_C.._
First M I Lost
Permit Holder Mat ing Address
City State Zip
c1 IC, Ck tc+)
Phone Fax
_ C C%_6_en\,l . L—L-C
ss
ddress
Vt ��C�tnN L -:)--) 1
City State Zip
' (ltrCL SS (1\+ct) to -\
First / MI / ast Plione
I1I. 'Please provide the following for the requested change (revised permit).
a. Request for change is a result of: ❑ Change in ownership of the facility
[� Name change of the facility or owner
Ijolltcl• please explain:
Vm
b. Permit issued to (company name):
A(ckC_kMt , u L-- �
c. Person legally responsible for permit:
\N trt,lk)j S�,- — . r""L �0- 6v
First L M l Last
Title
F�,oq_
Pcrmii htkrur Mailing Address
City State Zip
CA C % ) - 1Z--kkl rnw'S� Cam,
Phone E-mail A ass
d. Facility name (discharge):
c-,den., LLS 1_l
e. Facility address:�
2 �;�, ,`�� 5• f1.t cz—
Address
City State Zip
f. Facility contact person:
,`
l��C*��+ ks"N k1S� — cX'JuA
First MI Last
{ Q',�`�) i�°Z`� t �:3� 'i'(11►�+��SS a�c��Cn,�1►sCc>�
Phone E-mail Address t
IV. Permit contact information (if different from the person legally responsible for the permit)
Revise Jm. 27, 2014
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
First M I fast
Title
Permit contact:
Mailing A dress
NJ
City _ State Zip
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change"
® Yes
❑ No (please explain)
VD Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
This completed application is required for both name change and/or ownership change
requests.
{� Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
P
I,)&RN TTEE CERTIFICATION (Permit holder prior to ownership change):
, attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
1� 1S
Signature D to
APPLICANT CERTIFICATION
I,ylr attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
r �-I 11 -7 , S
Signature Date
....................................
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014
Alexander, Laura
From:
Bennett, Bradley
Sent:
Friday, May 22, 2015 10:04 AM
To:
Alexander, Laura
Subject:
FW: Scanned from Academy Durham.
Attachments:
Scanned from Academy Durham..pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Laura,
We just did an ownership change on this one, but the lady had the owner name incorrect. This is to correct that and get
a new letter out to them. Can you please review and get with Ms. Weiss to let her know if we have all the information
we need.
Thanks
::
Bradley Bennett
Stormwater Permitting Program Phone: (919) 807-6378
NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494
1612 Mail Service Center Email: bradley.bennett@ncdenr.gov
Raleigh, NC 27699-1612 Web: http://portal.ncdenr.org/web/Ir/stormwater
Email correspondence to and from this address may be subject to public records laws
-----Original Message -----
From: Marcy Weiss [mailto:mweiss@academybus.com]
Sent: Thursday, May 21, 2015 6:13 PM
To: Bennett, Bradley
Subject: FW: Scanned from Academy Durham.
Hi Bennett, here is the updated Permit Name and Ownership Change Form. The reason for the name change is that 1
entered the in correct name. The name that I entered on the permit form was Academy LLC and it should be Academy
Bus LLC. I forgot to add Bus to the form. Now you have the correct form. Please update. Also let me know if you
anything else. Thank you Marcy
Marcy Weiss
Safety Manager
Academy Bus, LLC
2020 Briggs Ave
Durham, NC 27703
Office - 919-688-1230 ext1434
Fax - 919-688-5305
mweiss@academybus.com
t
-----Original Message -----
From: DoNotReply@academybus.com [mailto:DoNotReply@academybus.com]
Sent: Thursday, May 21, 2015 5:34 PM
To: Marcy Weiss
Subject: Scanned from Academy Durham.
Please open the attached document.
Attachment File Type: pdf, Multi -Page
*** This is an automatically generated email, please do not reply *** http://www.academybus.com
Alexander, Laura
From: Marcy Weiss <mweiss@academybus.com>
Sent: Tuesday, May 26, 2015 1:31 PM
To: Alexander, Laura
Subject: Lease agreement for Academy
Attachments: Lease Agreement for Academy.pdf
Hi Laura, here is a copy of the lease agreement for Academy. Thanks Marcy
Marcy Weiss
Safety Manager
Academy Bus, LLC
2020 Briggs Ave
Durham, NC 27703
Office — 919-688- 1230 ext 1434
Fax — 919-688-5305
mweiss academ bus.com
�' 411
SUBLEASE AGREEMENT
Business and Commercial
This Sublease Agreement is made effective February 6, 2015 ("Effective Date") between
EVERGREEN TRAILS INC. D/B/A HORIZON COACH LINES ("Evergreen"), whose address is
17810 Meetinghouse Rd, Suite 200, Sandy Spring, MD 20860, referred to as the "Sublessor," AND
Academy Bus, LLC, ("Academy") whose address is 124 Via Florenza, Palm Beach Gardens, Florida
33418, referred to as the "Sublessee."
I. Premises. The Sublessor does hereby lease to the Sublessee and the Sublessee does hereby
rent from the Sublessor pursuant to the terms contained herein, the following described premises:
Land, building, improvements, and additions on the land located. at 2020 South Briggs Avenue,
Dw-ham, North Carolina, 27703 (the "Premises") as more particularly described in Schedule "A" (the
"Exhibit") to the Lease Agreement between Sublessor and its Landlord (the "Lease"), which Lease
conunenced on September 4, 2009, the date on which the Certificate of Occupancy for the Premises
was issued and became effective. The Exhibit is made a part of this Sublease. The Sublessee
acknowledes that it has received, reviewed and will abide by all terms of the Lease.
2. Term. This Sublease shall be for a term of four (4) years commencing at 12:01 a.m. on
February 7, 2015 and terminate at 12:00 p.m. midnight on February 6, 2019 (hereinafter referred to as
the "Sublease End Date"), unless sooner terminated as herein provided. Notwithstanding the aforesaid,
the Sublease may be terminated prior to the Lease End Date (i) upon a mutual agreement signed by
both parties.
3. Condition Precedent. The Sublessor is a party to the Lease Agreement dated August 5, 2008
(the "Lease"), between the Sublessor as Tenant, and Center 200, LLC as Landlord. The Parties
acknowledge that this Sublease is expressly made conditioned upon the Sublessor obtaining the
express written consent to the Sublease from the Landlord under the Lease within thirty days of the
date hereof, and the completion and implementation of a proposed Asset Purchase Transaction among
Evergreen, Academy Bus LLC and Franmar Leasing LLC, on or about February 6, 201 S.
4. Use. Pursuant to the Sublease, the Premises are to be used and occupied as a bus garage,
terminal, motor coach charterlticket sales, general and administrative office facility, with associated
parking for buses and private automobiles, and such other incidental uses normally associated
therewith. The Sublessee will not allow any third party to occupy or use the Premises, or any part
thereof for any purposes other than as specified in either this Paragraph 4, nor for any purpose deemed
unlawful, disreputable, or extra hazardous, on account of fire or other casualty. The Sublessee and its
affiliated invitees shall enjoy access to the Premises at all times, without limitation.
on
S. Security Deposit. No security deposit shall be required of the Sublessee.
6. Real Estate Taxes and Assessments. Sublessee shall be responsible to pay real estate
taxes or other governmental charges imposed upon real and personal property directly to the Landord,
or to third parties, in the same manner as such payments would be made under the Lease itself..
7. Utility Services and Charges. . The Premises hereinabove described constitutes v self-
contained unit and nothing in this Lease shall impose upon Sublessor an obligation to provide any
services for the benefit of the Sublessee, including but not limited to water, gas, electricity, heat,
garbage removal, telephone and data services, unless and to the extent expressly provided for in this
Sublease. Sublessee shall pay all billings and charges of the utility companies during the term of this
Sublease and also thereafter until the Sublessee vacates the Premises and terminates such utility
services. It is the intention of the Parties hereto that the Sublessee shall obtain and pay for all utility
services from third party suppliers, in the conduct of its business operations at the Premises, and shall
place such utility bills in its name. Sublessor shall fully cooperate with Sublessee to the extent third
parties require written consents or other written forms of authorization for the Sublessee to open utility
accounts for utility services in SubLessee's name.
(b) Sublessor confirms that facilities exist to allow Sublessee to obtain hot and cold
running water at the Premises for lavatory and drinking purposes.
(c) Sublessor shall not be liable in any way to Sublessee for any failure or defect in the
supply or character of any utility furnished to the Premises by reason of any requirement, act or
omission of the Electric Service Provider serving the Building, or for any other reason whether the
result of the Sublessor's acts or omissions or those of its agents.
8. Repairs and Care. The Sublessee has examined the Premises and has entered into this
Subease without any representation on the part of the Sublessor as to the condition thereof. The
Sublessee will take good care of the Premises. The Sublessee will neither encumber nor obstruct the
sidewalks, driveways, entrances, hallways and stairs, but will keep and maintain the same in a clean
condition, free from debris, trash or refuse. Sublessee will be responsible for maintaining the exterior
of the Premises, free of ice and snow. Sublessee responsibilities include the following:
(a) Sublessee shall be responsible to maintain and repair all non-structural systems of the
building (including the non-structural roof maintenance, windows, doors, plumbing, electrical and
HVAQ only. The foundation, the structural integrity of the roof, beams, load bearing components,
�A
external walls, and the like, shall remain the sole responsibility of the Sublessor, unless the same are
damaged due to the negligent acts or omissions of the Sublessee,
(b) Sublessee shall be responsible to maintain, replace and repair all other non-structural
components of the Premises, except where the need for repairs is caused by the act, omission or
negligence of Landlord and/or the Sublessee, their respective employees, agents, or invitees.
(c) The Sublessee shall inspect the parking lot prior to the execution of this Agreement and
prepare a baseline report. Sublessee agrees to repair and maintain the parking lot area to the condition
the same was in at the commencement date of the Sublease reasonable wear and tear excepted.
As used in this Lease, "maintain" shall mean to keep in good order and condition, reasonable
wear and tear excepted. All repairs made by the Sublessee shall utilize materials and equipment which
are at least equal in quality and usefulness to those originally used in constructing the Premises.
9. Alterations and Improvements. (a) Sublessee shall have the right, without the
Sublessor's consent, to make any non-structural alterations, installations, additions or improvements
("Alterations") in or to the interior of the Premises which do not affect utility services or plumbing and
electrical lines, so long as such Alterations are removed at the Sublessee's sole cost and expense at the
expiration of the Sublease..
(b) All other Alterations to the Premises shall require the Sublessor's prior written consent,
which consent shall not be unreasonably withheld, conditioned (except as provided below), or delayed.
(c) All such Alterations (except movable and detached or detachable office furniture,
movable partitions, and movable machinery and equipment put in at SubLessee's expense, which, at
SubLessee's option may be removed or surrendered at the termination of this Lease at SubLessee's
expense) shall become the property of Sublessor, and shall remain upon and be surrendered with the
Premises, as a part thereof, at the termination of this Lease. Any damage caused by or arising from the
SubLessee's or Sublessor's removal (pursuant to sub -paragraph (d) hereof) of its property from the
premises shall be restored and repaired at SubLessee's expense.
(d) Any property or fixtures which remain upon the Premises after the expiration of the
Lease shall be deemed abandoned by Sublessee and Sublessor may take possession of same and
dispose of them in any reasonable manner without any further liability of Sublessor to Sublessee.
Sublessee shall satisfy all costs to remove such property and shall fix or repair the Premises or pay for
same upon removal of such property or fixtures by the Sublessor.
(e) All alterations shall be of at least equivalent quality to the construction which currently
exists in the Premises. Sublessee shall not make any Alterations in such a manner as to compromise
the structural integrity of the Premises or any part thereof. The labor and materials shall be installed in
complete conformity to all applicable statutes, codes, ordinances and regulations.
(f) Sublessee agrees that it will submit to Sublessor sealed plans and specifications along
with the name and address of the proposed contractor and all subcontractors as part of any request
made hereunder. Prior to commencing the work, Sublessee shall furnish Sublessor with copies of all
3
governmental permits and certificates establishing that its contractor and subcontractors have adequate
insurance coverage. Upon completion of the work, Sublessee will submit to Sublessor "as built"
drawings and certificates of inspection certifying the satisfactory completion of the Alteration together
with satisfactory evidence that all bills for labor and materials have been paid in full.
(g) All of SubLessee's Alterations shall be at SubLessee's sole cost and expense, as will be
all such removal obligations.
(h) Sublessee shall indemnify and save harmless Sublessor and Landlord from all costs,
loss or expense in connection with Alterations, unless caused by or due to the negligence or
willful misconduct of Sublessor, its agents or employees occurring within the scope of their
respective employments without negligence on the part of the Sublessee. No person shall be
entitled to any lien directly or indirectly through or under Sublessee or through or by virtue of
any act or omission of Sublessee upon the Premises for any improvements or fixtures made
thereon or installed therein or for or on account of any labor or material furnished to the
Premises or for or on account of any matter or thing whatsoever, and nothing in this Lease
contained shall be construed to constitute consent by Sublessor to the creation of any lien. In
the eent any lien is filed against the Premises, or any part thereof, for work claimed to have
been done for or material claimed to have been furnished to Sublessee, Sublessee shall cause
such lien to be discharged of record within thirty (30) days after filing by bonding, or as
provided or required by law or in any other lawful manner. Sublessee shall indemnify and save
harmless Sublessor from all costs, losses, and expenses including attorneys' fees in connection
with any such lien.
10. Compliance with Laws etc. The Sublessee will promptly comply with all laws, ordinances,
rules, regulations, requirements and directives of all Govemmental or Public Authorities and of all
their subdivisions, applicable to and affecting the Premises, or the use and occupancy of the Premises,
and will promptly comply with all orders, regulations, requirements and directives of the Board of Fire
Underwriters or similar authority and of any insurance companies which have issued or are about to
issue policies of insurance covering the Premises and its contents, for the prevention of fire or other
casualty, damage or injury, at the SubLessee's own cost and expense.
11. Assignment and Subletting. (a)Sublessee shall not, except as hereinafter provided (i)
assign, mortgage, pledge, hypothecate, encumber or in any manner transfer this Lease or any estate or
interest therein, or (ii) permit any assignment of this Lease or any estate or interest therein by operation
of law, or (iii) sublease the Premises or any part thereof, or (iv) grant any license, concession, or other
right of occupancy of any portion of the Premises, or (v) permit the use of the Premises by any party
other than the Sublessee, its agents and employees (each of the events described in clauses (i) through
(v) being referred to as a "Transfer"). Neither this Lease nor any interest therein shall be assignable as
to the interest of Sublessee by operation of law without the written consent of Sublessor, which
consent shall not be unreasonably withheld. In the event that Sublessee shall request Sublessor to
consent to any Transfer, Sublessee shall reimburse Sublessor on demand for all of Sublessor's costs
and expenses in connection therewith, including, without limitation, reasonable attorneys' fees
incurred by Sublessor. Notwithstanding any Transfer consented to by Sublessor, Sublessee shall at all
times remain fully liable for the payment of the rent herein specified and for compliance with all of
SubLessee's other obligations under this Lease and any amendments hereto and extensions of the tern
4
hereof. Notwithstanding the aforesaid Sublessee may license bus parking at the Premises to other
Academy customers without Sublessor's consent provided Sublessee remains in possession of the
Property, and no security deposit shall be required for such license.
Consent by Sublessor to one or more Transfers shall not operate as a waiver of Sublessor's right to
disapprove all subsequent Transfers. Any Transfers without Sublessor's prior written consent shall be
void and shall, at the option of Sublessor, constitute a Default under this Lease.
(d) Notwithstanding the foregoing, the Sublessee shall be permitted to sublease the Premises or any
part thereof, to any of SubLessee's other companies or its affiliates; provided Sublessee is in control of
such entities. Sublessee shall also be permitted to sublease the Premises or any part thereof, to other
bus companies. Notwithstanding any sublease permitted under this Sublease Agreement, Sublessee
shall at all times remain fully liable for the payment of the rent herein specified and for compliance
with all of SubLessee's other obligations under this Lease and any amendments hereto and extensions
of the term hereof.
12. Insurance. Sublessee shall procure and maintain, at its sole cost and expense, the following
insurance coverages:
(a) Property Insurance Sublessee shall provide to Sublessor Special Form (AIl Risk)
Property Insurance. Property coverage to include the Real Property (i.e. Building Coverage) at
Replacement Cost Value. In addition, loss of rental income to be included with a minimum of
12 months of Loss of Rents and should include Real Estate property taxes. Building coverage
to include Ordinance Laws coverage as follows:
i. Coverage A- Replacement Cost Value of Undamaged Portion of Building, The
limit should reflect the Building limit
ii. Coverage B- Cost to demolish the undamaged portion of the building- Limit no
less than $500,000
iii. Coverage C- Increased Cost of Construction- Limit no less than $750,000
iv. Coverage D- Loss of rental income due to delay of restoration period as a result
of Ordinance Laws
Include coverage for Flood and Earthquake with limits that reflect the Replacement Cost of the
Building and Loss of Rents as specified above. Flood and Earthquake deductibles are not to
exceed $50,000 for each peril.
The SubLessee's Property Policy deductible (all other perils) should not exceed $10,000.
Sublessee to name Landlord and Sublessor as Additional Named Insured and loss payee as their
interests may appear. Sublessee to provide Binder and Endorsement evidencing same.
(b) Workers' Compensation:
Sublessee shall provide to Sublessor:
Coverage A. Statutory Benefits
Coverage B. Employers' Liability limits of not less than:
5
Bodily Injury by accident
Bodily Injury by disease
Bodily Injury by disease
$1,000,000 each accident
$1,000,000 policy limit
$1,000,000 each employee
Coverage must include a waiver of subrogation endorsement in favor of and naming Sublessor.
(c) Commercial Auto Coverage:
Sublessee shall provide to Sublessor Automobile Liability coverage (equivalent in coverage to
ISO form CA 00 01) of not less than $10,000,000 combined single. limit, each accident,
covering all owned, hired and non -owned autos.
(d) Commercial General Liability:
Sublessee shall provide to Sublessor Commercial
coverage to ISO form CG 00 01) of not less than:
Each Occurrence Limit
Personal Advertising Injury Limit
Products/Completed Operations Aggregate Limit
General Aggregate Limit
Hired/Non Owned Automobile
General Liability coverage (equivalent in
$5,000,000
$1,000,000
$1,000,000
$5,000,000
$1,000,000
The policy must include:
Premises and Operations coverage.
Standard ISO C00001 0196 Contractual Liability coverage, or its equivalent, and a Separation
of Insureds clause.
Broad Form Property Damage coverage, including completed operations, or its equivalent.
An Additional insured Endorsement (equivalent to ISO form CG 20 10 11 85) naming as
additional insured the Sublessor and its parent and its and their subsidiaries, partners,
partnerships, affiliated companies, successors and assigns."
Coverage must be on an `occurrence" form. "Claims Made" and "Modified Occurrence" forms
are not acceptable.
(e) Employment Practices Liability:
Sublessee shall provide to Sublessor EPL coverage in the amount of $1,000,000 per claim
including third party discrimination.
(g) Other Requirements;
All policies must afford an unqualified thirty (30) days' notice of cancellation to the additional
insured(s) in the event of cancellation or non -renewal, and ten (10) days' notice of cancellation
for nonpayment of premium.
All policies must be written by insurance companies whose rating in the most recent Best's
Rating Guide, is not Iess than A (-):Vll.
Complete policies to be furnished to Sublessor upon request.
A
(h) Changes and Modifications: Any modification or waiver of the insurance
requirements set forth on this exhibit, or in any addendum hereto may only be made with the
prior written consent of Sublessor.
(i) Notices, All Certificates of Insurance and required endorsements must be addressed
and forwarded to Sublessor in accordance with the Agreement.
13. Environmental Conditions and Compliance. (a) Sublessor shall provide Sublessee with all
of the Sublessor's environmental studies and reports of the Premises. Subject to the review and
acceptance of such reports which shall be for purposes of this lease the base environmental condition
of the Premises, Sublessee accepts the Property "as is", "where is" and "with all faults", and subject to
any other physical conditions including without limitation all environmental conditions that may exist
on or about the Property, without any representation, warranty or guaranty by Sublessor, either
expressed or implied, of any kind or nature whatsoever, except that Sublessee shall not be responsible
to remove or ameliorate any existing environmental contamination or hazard, whether known or
unknown, unless such condition is caused solely and directly by the acts or omissions of Sublessee.
Sublessee hereby expressly acknowledges and agrees that: (i) Sublessee shall be permitted to
independently inspect, examine, analyze and investigate the Property to the extent deemed necessary
by Sublessee in order to evaluate the conditions of the Property; (ii) Sublessee is aware that there may
be environmental conditions associated with the Property including the presence of hazardous
substances that may have been detected on the Property; and (iii) Sublessee will rely solely upon such
inspections, examinations, and evaluations of the Property by Sublessee in leasing the Property on an
"as is", "where is" and "with all faults" basis.
(b) Sublessee agrees throughout the term of the lease to comply at SubLessee's sole cost
and expense with all federal, state or local environmental laws applicable to or that otherwise regulate
the business of Sublessee or hazardous substances on the Property. Sublessee agrees not to cause or
permit, either through negligence or otherwise, the escape, disposal, release, spill or discharge of any
hazardous substances on the Property. Sublessee further agrees not to store or use any such hazardous
substances in any manner not permitted by law and by the strictest standards prevailing in the industry
for the storage and use of such substances nor allow to be brought onto the Property or buildings any
such substances except in the ordinary course of SubLessee's business and then only after written
notice to Sublessor of the identity of such substances. Sublessee shall, at SubLessee's own expense,
make all submissions, provide all information and comply with all requirements of the North Carolina
Department of Environmental Protection ("NCDEP") and the United States Environmental Protection
Agency ("EPA") and their respective departments, agencies, bureaus and divisions, with regard to: (i)
SubLessee's business and the condition, use and occupancy of the Property after the commencement
date of this Lease and; (ii) any disposal, spills, releases or discharges of hazardous substances caused
by Sublessee or SubLessee's employees, agents, contractors or invitees which occur after the
commencement date of this Lease. Sublessee shall execute any affidavits, representation and the like
from time to time as Sublessor may require and at Sublessor's request concerning SubLessee's
knowledge and belief regarding the presence of hazardous substances on the Property. Sublessee also
agrees to cooperate with Sublessor in obtaining ISRA approval to the extent necessary. The within
covenants shall survive the expiration or earlier termination of this Lease.
7
(c) Sublessee hereby agrees to hold harmless, defend and indemnify Sublessor from any
and all claims, actions, suits, demands, rights, damages, costs, expenses, penalties, assessments,
administrative orders and actions, losses, liabilities, causes of action, reasonable attorney's fees or
other claims and expenses of any kind arising out of or related to: (i) SubLessee's use of the leased
premises and the physical and/or environmental conditions of the Property if caused solely and directly
by the acts or omissions of the Sublessee; (ii) any disposal, spill, release or discharge of hazardous
substances on the Property occurring while Sublessee is in possession or elsewhere if caused by
Sublessee or persons acting under Sublessee such as SubLessee's employees, agents, contractors or
invitees, except to the extent arising from the acts of Sublessor or Sublessor's agents; (iii) air,
groundwater, surface water or soil contamination caused solely by Sublessee or arising -out of solely
from SubLessee's use of the Property and; (iv) SubLessee's failure to comply with all federal, state or
local environmental laws as required by this Lease. SubLessee's obligations under this paragraph shall
survive the termination of this Lease and shall continue so long as Sublessor remains responsible for
hazardous substances at the Property arising out of SubLessee's use or occupancy.
(d) Sublessee covenants and agrees to notify Sublessor immediately of any claim or notice
served upon Sublessee with respect to any claim that the Sublessee is or has caused any environmental
contamination, disposal, spill, release or discharge of any hazardous substance and Sublessee shall, in
any event, take immediate action to remediate any such contamination, disposal, spill, release or
discharge caused by Sublessee or its agents. The foregoing covenant shall survive the expiration or
earlier termination of this Lease.
(e) "Environmental laws" means all federal, state and local environmental laws of the State
of North Carolina and -shall include the Resource Conservation and Recovery Act, 42 U.S.C. § 6901
etc. seq. ("RCRA"); the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. § 9601 ("CERCLA"); the Clean Water Act, 33 U.S.C. §1251 etc. seq. (TWA'); and any other
federal, state or local environmental law, ordinance, rule or regulation adopted pursuant to these
environmental laws.
(0. "Hazardous substances" includes any pollutants, dangerous substances, toxic
substances, hazardous wastes, hazardous materials, solid waste or hazardous substances, including
petroleum products, gasoline, methyl tertiary butyl ether ("MTBE"), motor oils, fuel oils, kerosene,
oils, solvents and lubricants, and any other substance as defined in or pursuant to the Environmental
Laws and any rules or regulations adopted pursuant thereto.
14. Reimbursement of Sublessor. If the Sublessee fails or refuses to comply with any of the
terms and conditions of this Lease, and such failure shall continue for more than thirty (30) days after
written notice thereof by Sublessor to Sublessee or Sublessee fails to diligently pursue such cure within
ten (10) days after written notice thereof by Sublessor to Sublessee„ the Sublessor may carry out and
perform such conditions at the cost and expense of the Sublessee, which amounts will be payable on
demand to the Sublessor. This remedy will be in addition to such other remedies as the Sublessor may
have by reason of the breach by the Sublessee of any of the terms and conditions of this Lease.
15. Inspection and Repair. The Sublessor and the Sublessor's agents, employees or other
representatives, will have the right to enter into and upon the Premises or any part thereof, at all
reasonable hours, on reasonable prior notice, for the purpose of examining the Premises or making
8
�r
such repairs or alterations, provided after reasonable notice to Sublessee, Sublessee has not made the
same, to the extent reasonably necessary for the safety, habitability and preservation thereof. This
clause will not be deemed to be a covenant by the Sublessor nor will it be construed to create an
obligation an the part of the Sublessor to make such inspection or repairs.
16. Right to Exhibit. The Sublessee will permit the Sublessor and the Sublessor's agents,
employees or other representatives to show the Premises to persons wishing to rent or purchase the
Premises and have the right to place notices on the front of the Premises or any part hereof, offering
the Premises for rent or for sale; and the Sublessee will permit die same to remain thereon without
hindrance or molestation. The Sublessee will also permit the Sublessor and the Sublessor's agents,
employees or other representatives to show the Premises to prospective mortgagees of the Premises or
the land and improvements of which the Premises are a part.
17. Removal of SubLessee's Property. Any equipment, fixtures, goods or other property of the
Sublessee that are not removed by the Sublessee upon the termination of this Lease, or upon any
quitting, vacating or abandonment of the Premises by the Sublessee, or upon the SubLessee's eviction,
will be considered as abandoned and the Sublessor will have the right, without any notice to the
Sublessee, to sell or otherwise dispose of the same, at the expense of the Sublessee, and will not be
accountable to the Sublessee for any part of the proceeds of such sale, if any.
18. Events of Default; Remedies Upon SubLessee's Default, The following are "Events of
Default" under this Lease: (a) a default by the Sublessee in the payment of rent, or any additional rent
when due or within five (5) days thereafter; (b) a default by the Sublessee in the performance of any of
the other covenants or conditions of this Lease, which the Sublessee does not cure within Five (5) days
after the Sublessor gives the Sublessee written notice of such default; provided, however, Sublessee
shall not be considered in default once Sublessee commences its cure and is diligently pursuing same:
(c) the death of the Sublessee (if the Sublessee is an individual); (d) the liquidation or dissolution of the
Sublessee (if the Sublessee is an entity); (e) the filing by the Sublessee of a bankruptcy, insolvency or
receivership proceeding; (0 the filing of a bankruptcy, insolvency or receivership proceeding against
the Sublessee which is not dismissed within sixty (60) days after the filing thereof; (g) the appointment
of, or. the consent by the Sublessee to the appointment of, a custodian, receiver, trustee, or liquidator of
all or a substantial part of the SubLessee's assets; (h) the making by the Sublessee of an assignment for
the benefit of creditors or an agreement of composition; (i) if the Premises are or become abandoned,
deserted, vacated or vacant; 0) the eviction of the Sublessee; or (k) if this Lease, the Premises or the
SubLessee's interest in the Premises pusses to another by virtue of any court proceedings, writ of
execution, levy, or judicial or foreclosure sale. If an Event of Default occurs, the Sublessor, in addition
to any other remedies contained in this Lease or as may be permitted by law, may either by force or
otherwise, without being liable for prosecution therefore, or for damages, re-enter, possess and enjoy
the Premises. The Sublessor may then re -let the Premises and receive the rents therefore and apply the
same, first to the payment of such expenses, reasonable attorney fees and costs, as the Sublessor may
have incurred in re-entering and repossessing the Premises and in making such repairs and alterations
as may be necessary; and second to the payment of the rents due hereunder. The Sublessee will remain
liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by
the Sublessor, to the extent of the difference between the rents reserved hereunder and the rents, if any,
received by the Sublessor during the remainder of the unexpired term hereof, after deducting the
aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are
ascertained each month.
19. Termination on Default. if an Event of Default occurs, the Sublessor may, at any time
thereafter, terminate this Lease and the term hereof, upon giving to the Sublessee Fourteen (14) days'
notice in writing of the Sublessor's intention to do so, and the failure of the Sublessee to cure, or to
commence to cure, if cure cannot reasonable be accomplished within the fourteen day period. Upon
the giving of such notice, and failure of the Sublessee to cure, or commence to cure, and/or diligently
pursue cure, this Lease and the term hereof will end on the date fixed in such notice as if such date was
the date originally fixed in this Lease for the expiration hereof; and the Sublessor will have the right to
remove all persons, goods, fixtures and chattels from the Premises, by force or otherwise, without
liability for damage.
20. Condemnation. (a) If all or any part of the Leased Premises shall be condemned or
temporarily taken for public use or purpose, under the power of eminent domain or conveyed in lieu
thereof, the either Party shall have the right to terminate this Lease in total or with respect to the area
so affected upon written notice to the other Party. Such termination shall be effective thirty (30) days
prior to actual delivery of possession of the Leased Premises, or conveyance of title to the Leased
Premises to the governmental authority exercising such right of erninent domain. In the event the
Sublessor shall terminate this Lease as herein provided as to a portion of the Leased Premises, all Rent
and Additional Rent shall be reduced in proportion to the reduction in area of the Leased Premises.
(b) Condemnation Award. Sublessor shall receive any income, rent, award, or interest therein
which may be paid in connection with the exercise of such power of eminent domain, and Sublessee
shall have no claim against Sublessor for any pan of any sum paid by virtue of such proceedings,
whether or not attributable to the value of the unexpired terns of this Lease. Sublessee hereby releases
and assigns to Sublessor all of SubLessee's rights to such award, covenant, to deliver such further
assignments and assurances thereof as Sublessor may from time to time request. Sublessee may file a
separate claim for any taking of fixtures and improvements owned by Sublessee and for moving
expenses or for any other claim Sublessee may have provided that such claim will not diminish or
otherwise adversely affect the value of Sublessor's claim.
21. Non -Waiver by Parties. The various rights, remedies, options and elections of the Parties
under this Lease are cumulative. The failure of either Party to enforce strict performance upon the
other of the conditions and covenants of this Lease; or to exercise any election or option, or to resort or
have recourse to any remedy conferred in this Lease, or the acceptance of any installment of rent after
any breach by the Sublessee, in any one or more instances, will not be construed or deemed to be a
waiver or a relinquishment .for the future by the Sublessor of any such conditions and covenants,
options, elections or remedies, but the same will continue in fall force and effect.
22. Validity of Lease. The terms, conditions, covenants and provisions of this Lease will be
deemed to be severable. If any clause or provision contained in this Lease is adjudged to be invalid or
unenforceable by a court of competent jurisdiction or by operation of any applicable law, it will not
affect the validity of any other clause or provision in this Lease, but such other clauses or provisions
will remain in full force and effect.
10
23. Notices. All notices required under the terms of this Lease will be given and will be complete
by mailing such notices by certified or registered mail, return receipt requested, or by hand delivery,
fax or overnight delivery service, to the address of the parties as shown at the beginning of this Lease,
or to such other address as may be designated in writing, which notice of change of address is given in
the same manner.
24. Title and Quiet Enjoyment. The Sublessor covenants and represents that the Sublessor is the
Sublessor of the Premises and has the right and authority to enter into, execute and deliver this Lease
with the written consent of the Landlord which Sublessor shall use its best diligent efforts to procure.
Sublessor does further covenant that Elie Sublessee on paying the rent and performing the conditions
and covenants contained in this Lease, will and may peaceably and quietly have, hold and enjoy the
Premises for the term of this Lease. Sublessor further covenants and agrees that any notice Sublessor
receives form Landlord, whether written or oral, shall be timely and promptly be provided to Sublessee
and that Sublessee may elect, but shall not be required, to cure any default of the Sublessor under the
terms of Sublessor's lease with the Landlord, and in such event Sublessee shall be entitled to recover
against the Sublessor all sums, costs and expenses incurred by Sublessee including reasonable
attorney's fees and costs of suit.
25. Entire Contract. This Sublease contains the entire contract between the parties. No
representative, agent or employee of the Sublessor has been authorized to make any representations or
premises with reference to the leasing of the Premises, or to vary, alter or modify the, terms hereof No
additions, changes or modifications, renewals or extensions hereof, will be binding unless reduced to
writing and signed by the Sublessor and the Sublessee.
26. Liens. If any construction or other liens are created or filed against the Premises by reason of
labor performed or materials furnished for the Sublessee in the erection, construction, completion,
alteration, repair or addition to any building or improvement, the Sublessee will, upon demand, at the
SubLessee's own cost and expense, cause such lien or liens to be satisfied and discharged of record
together with any lien claims that may have been filed. Failure to do so will entitle the Sublessor to
resort to such remedies as are provided in this Lease for any default of this Lease, in addition to such
as are permitted by law.
27. Waiver of Subrogation Rights. The Sublessee waives all rights of recovery against the
Sublessor or the Sublessor's agents, employees or other representatives for any loss, damages or injury
of any nature whatsoever to property or persons for which the Sublessee is insured. The Sublessee will
obtain from SubLessee's insurance carriers and will deliver to the Sublessor, waiver of the subrogation
rights under the respective policies.
28. Estoppel Certificates. The Sublessee will at any time and from time to time upon not
less than five (S) days prior notice by the Sublessor, execute, acknowledge and deliver to the Sublessor
or any other party specified by the Sublessor, a statement in writing certifying that this Lease is
unmodified and in full force and effect (or if there have been modifications, that this Lease is in full
force and effect as modified and stating the modifications) and the dates to which the rent, additional
rent and other charges have been paid, and stating whether or not, to the knowledge of the signer of
such certificate, the Sublessee or the Sublessor is in default in performance of any covenant, agreement
or condition contained in this Lease, and, if so, specifying each such default of which the signer may
11
have knowledge, as well as certifying to such other matters as the Sublessor or the intended recipient
of such certificate may reasonably request.
29. Broker. Each party represents to the other that no broker was involved in bringing about
or consummating this Lease and that neither party had any conversations or negotiations with any
broker concerning the leasing of the Premises. Each party agrees to indemnify and hold harmless the
other against and from any claims for any brokerage commissions and all costs, expenses and liabilities
in connection therewith, including, without limitation, attorneys' fees and expenses, arising out of any
conversations or negotiations had by the indemnifying party with any broker.
30. Assigns. All the terms, covenants and conditions contained in' this Lease will be for and will
inure to the benefit of and will bind the respective parties hereto, and their heirs, executors,
administrators, personal or legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have signed this Lease, or caused these presents to be signed
by their proper officers or other representatives, on the day of DecAnbjer, 20I4.
Witnessed or Atte,pt1 by:
1
Sublessor
COACH
TNC. DIBIA HORIZON
President
Sublessee
Academ Bus. �...-_.
B (Seal)
ra
nciss edesco, Manager
12
HORIZON
COACH LINES
O
February 7, 2013
Mr. Mack Wiggins
Environmental Specialist
Surface Water Protection
1628 Mail Service Center
Raleigh, NC 27699-1628
Dear Mr. Wiggins
919 688 1230 (office)
919 688 5305 (fax)
2020 S Briggs Ave
Durham, NC 27703
www.horizoncoachlines.com
RE: Compliance Evaluation Inspection
Items 2 and 6
Below are the actions we have taken in response to your inspection.
Item 2A: The documentation regarding spills/leaks has been added to our plan book in the
completed document section.
Item 2B: Based on our conversation today, I have conducted a feasibility study reviewing
our current practices and have implemented some changes. We have reviewed our
SWPPP and decided to adopt the Coach America plan as is. We have updated signatory
pages and have formally adopted said plan. Training was completed on January 15, 2013
and has been documented.
Item 6: We have elected to place filter inserts in the storm water drains receiving the run-
off from the bus parking area. This will serve the purpose of catching oils and sediment
prior to the storm water reaching pond, While we consider this a permanent practice, we
will be reviewing the effectiveness of this product as well as determine if it is cost
effective compared to using absorbent pads under each vehicle.
I believe this satisfactorily addressed the items you addressed in your letter of January 10,
2013.
If you have any additional questions, please feel free to contact me at 919-688-1230
x4124.
Sincerely, r
a inge
afety Manager
British Columbia • California • Colorado • Florida • North Carolina • Texas • Washington
Pat McCrory
Governor
AN"'A'
WI-33
NC®ENR
North Carolina Department of Environment and Natural 6ources
Division of Water Quality
Charles Wakild, P.E.
Director
January 10, 2013
Mr. Jack Winger -ter, Safety Manager
Evergreen Trails Inc. D/B/A Horizon Coach Lines
2020 Briggs Avenue
Durham, NC 27703
Dear Mr. Wingerter:
John Skvarla
Secretary
SUBJECT: Compliance Evaluation Inspection
Evergreen Trails Inc. D/B/A Horizon Coach
Lines
Permit No: NCGO80863
Durham County
Staff of the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh
Regional Office, conducted a stormwater compliance evaluation inspection of Horizon Coach Lines,
2020 Briggs Avenue, Durham, on December 3, 2012. Your assistance was very helpful and
appreciated during the inspection process.
The following observations were made during the stormwater inspection:
Horizon Coach Lines is a privately owned motor -coach operator which provides
transportation and Bus charter service. The site is 4.7 acres.
2. The Stormwater Pollution Prevention Plan (SPPP) for this facility contained all
components required by NCG080000 with the exception of the following:
A. In section 7.3 of your SPPP you must list significant spills and leaks in writing that
occurred during the past three years.
B. Please be sure to update (Document in writing) the SPPP, Feasibility Study, staff
training efforts, & document spill events annually.
3. Qualitative and Analytical monitoring was performed as required by General Permit
NCG080000.
NorethCarolina
,/UlJfllrldil
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Internet: www,ncwaterqualily.org 1628 Mail Service Center Raleigh, NC 27699.1628 FAX (919) 788-7159 877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper
Mr. Jack Wingater, Salety,Nianaga
I lorizon Coach tines
Jarmary 10, 2013
4. Most fluids had secondary containment with the exception of a few 55 gallon drums.
Recommend portable containment pads for fluid drums.
5. '1'lle Cacility outfall is from the rctainment pond. Outfall was assessable for sampling at the
time of the inspection. The pond outfall is located on the right side of the site. 'rhe outfall
receives flow from the back, right and front of the building.
6. Please keep absorbent pads in place to catch leaking vehicle fluids from the Busses in the
rear parking area and on site.
7. The facility conducts the monitoring. ENCO perform the analyticals.
Please respond in writing within 30 days to this office addressing items 2, and 6. Continue to
aggressively implement your plan. Thanks again for your cooperation during the inspection. If you or
your staff have any questions, please call me at (919)791-4200.
Sincerely,
Mack Wiggins
Environmental Specialist
Surface Water Protection
cc. Durham County Health Department
Central Files
RRO File .
A
Permit: NCG080863
SOC:
County: Durham
Region: Raleigh
Compliance Inspection Report
Effective: 11/01/12 Expiration: 10/31/17 Owner: Evergreen Traits Inc DIBIA Horizon Coach
Lines
Effective: Expiration: Facility: Evergreen Traits Inc dlbla Horizon coach Lines
2020 Briggs Ave
Contact Person: Jack Wingerter
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Title:
Inspection Date: 12/03/2012 Entry Time: 10:47 AM
Primary Inspector: Mack K Wiggins Aykv )
Secondary Inspector(s):
Durham NC 27703
Phone: 919-697-1415
Certification:
Exit Time: 12:39 PM
Phone:
Phone: 919-791-4200
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk/Oil
Water Separator Stormwater Discharge COC
Facility Status: ■ Compliant Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1
Permit: NCG080863 owner - Facility: Evergreen Trails Inc D/B/A Horizon Coach Lines
Inspection Date: 12/03/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Does the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during the past 3 years?
# Has the facility evaluated feasible alternatives to current practices?
# Does the facility provide all necessary secondary containment?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
■ Cl ❑ ❑
■ ❑ ❑ ❑
■ ❑ Cl ❑
■ Cl ❑ ❑
❑ ■ Cl ❑
❑ ■ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ n n n
■❑❑❑
Comment: The facility is required to address feasibility study and list significant spills
and leaks within the past three years of each annual plan review and update.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ Cl ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ Cl ❑ ❑
Comment:
Permit and Outfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
■
❑
❑
❑
# Were all outfalls observed during the inspection?
■
❑
❑
❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑
Cl
■
❑
# Has the facility evaluated all illicit (non stormwater) discharges?
■
❑
❑
❑
Comment:
Page: 3
North
Beverly Eaves Perdue
Governor
Robert Funke
Evergreen "Trails Inc
2020 Briggs Ave
Durham, NC 27703
Dear Mr. Fttnke:
C41 A
NCENR
i)EC - 5 2012 .�
Carolina Department of Environment and Natural Resources
Division of Water Quality NC DENR
Charles Wakild, P. E. ppee�hFreernaln trice
Director Secretary
November 30, 2012
Subject: NPDES General Permit NCGO80000
Certificate of Coverage NCG080863
Evergreen [-rails Inc
Formerly American Charters LTD
Durham County
Division personnel received your request to revise your stormwater permit Certificate of Coverage to
accurately reflect your new company and facility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the
General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under
the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency.
If you have any questions, please contact the Storinwater Permitting Unit at 919-807-6300.
Sincerely,
ORIGINAL SIGNED 61
KEN PICKLE
for Charles Wakild, P.E.
cc: Raleigh Regional Office
Central Files
Stornnvater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX 91M07-64941 Customer Service: 1-877-623-6746
nternet www nmaterqualiry.org
One
NorthCarolina
Naturally
An Equal Opporluil4y ',Ahrrnative Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGO80000
CERTIFICATE OF COVERAGE No. NCG080863
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Evergreen Trails ]nc
is hereby authorized to discharge stormwater from a facility located at
- Evergreen Trails Ine
2020 Briggs Ave
Durham
Durham County
to receiving waters designated as Third Fork Creek, a class C:NSW, waters in the Cape Fear River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, 11, 111, IV, V and VI of General Permit No. NCG080000 as attached.
This certificate of coverage shall become effective November 30. 2012.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 30, 2012,
ORIGINAL SIGNED B)
KEN PICKLE
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
it lr
NCDEN d
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mardi 5, 2010
FJ
Mr. Jack Wingerter BAR 9 America Charters Ltd. DBA Coach America' t.� 010
Post Office Box 11345 1 ? _.-__.__,._-. 1
Durham, NC 27703
Subject: General Permit No. NCGO80000
Coach America
COC NCG080863
Durham County
Dear Mr. Wingerter:
In accordance with your application for a discharge pen -nit received on June I, 2007, we
are forwarding herewith the subject certificate of coverage to discharge under the subject ,state —
NPDES general 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
US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may b�-
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.
If you have any questions concerning this permit, please contact Brian Lowther at
(919) 807-6368 or brian.lowther@ncdenr.gov.
Sincerely,
,for Coleen 11. ullins
U
cc: Raleigh Regional Office,
Central Files
Stormwater Permitting Unit Files
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, No* Carolina 27699-1617 North Carol I rla
Location: 512 N. Salisbury St. Raleigh, Forth Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623.6748 v �atutallf
Internet: www.ncwaterquali�.org +/
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG080000
CERTIFICATE OF COVERAGE No. NCG080863
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
America Charters, Ltd.
is hereby authorized to discharge stormwater and from a facility located at
Coach America
2020 Briggs Ave
Durham, NC
Durham County
to receiving waters designated as Third Fork Creek, a class C, NSW water in the Cape Fear River
Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts 1, 11, II1, 1V, V, and VI of General Permit No. NCGO80000 as attached.
This certificate of coverage shall become effective March 5, 2010.
This Certificate of Coverage shall remain in effect for the duration of the General Pen -nit,
Signed this day March 5, 2010.
far Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
LOCATION MAP:
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NCGO80863
America k'_'iiarters Ltd. DBA Coach America
Coach At6erica
Latitude; 3 57` N
I.
Longitude: 780 52'47" W
County: Durham
ti
Receiving Stream: Third Fork Creek
Stream Class: C; NSW
MW Scale P 24, 000
Sub -basin: 03-06-05 (Cape Fear River Basin)
Fa clil i ty Loca tio n
NCDENR
R
Division of Water Quality / Surface Water Protection
National Pollutant Discharge Elimination System
PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE ONLY
Date Received
Year
Month
Day
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
0 8 1 0 8 1 6 13
IT, Permit status prior to requested change.
a. Permit issued to (company name): American Charters LTD d/b/a Coach America
b. Person legally responsible for permit: Brian Cejka
First M1 Last
Chief Restructuring Officer — Coach America
Title
8150 North Central Expressway, Ste M 100
Pen -nit Holder Mailing Address
Dallas TX 75206
City State Zip
(214) 438-9446 (214) 438-1001
Phone Fax
c. Facility name (discharge): American Charters, LTD
d. Facility address: 2020 Briggs Ave
Address
Durham NC 27703
City State Zip
e. Facility contact person: Jack Wingerter (919) 697-1415
First 1 MI / Last Phone
111. Please provide the following for the requested
change (revised permit).
a. Request for change is a result of:
® Change in ownership of the facility
❑ Name change of the facility or owner
If other please explain: Facility operating business sold — operations continue unchanged
b. Permit issued to (company name):
Evergreen Trails, Inc. dlbla Horizon Coach Lines
c. Person legally responsible for permit:
_
Robert Funke
_
First M l Last
Regional Vice President - East
Title
2020 Briggs Ave
Permit Holder Mailing Address
Durham NC 27703
City State Zip
(561) 588-4446 rfinke@horizoncoachlines.com
Phone E-mail Address
d. Facility name (discharge):
Evergreen Trails, Inc. dlbla Horizon Coach Lines
e. Facility address:
2020 Briggs Ave
Address
Durham NC 27703
City State Zip
f. Facility contact person:
Jack Wingerter
First M 1 Last
(919) 697-1415 jwingerter a horizoncoaclilines.corn
Phone E-mail Address
Revised 2012Apr23
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact: Jack Win gerter
First M! Last
Safety Manager_
Title
2020 Briggs Ave
Mailing Address
Durham NC 27703
City State Zip
(919) 697-1415 jwingerter@horizoncoachlines.com
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
® Yes
❑ No (please explain)
VI Required Items: TI-IIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
® This completed application is required for both name change and/or ownership change
requests.
® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient,
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, Brian Cejka, attest that this application for a name/ownership change has been reviewed and is accurate
and complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all s orting information is not included, this application package will be
returned as incomplet /
/ 0a13�
Signature Date
APPLICANT CERTIFICATION
I, Robert Finke, attest that this application for a name/ownership change has been reviewed and is accurate
and complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface. Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 712008