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HomeMy WebLinkAboutNCG130041_COMPLETE FILE - HISTORICAL_20180314STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV U& DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ aOI p 03 I YYYYMMDD t A� ,A NCDEN'R I. II. Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Dale Received Year Monlh Da Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C S 0 N I C 10 1 113 '0 a 4 1 Permit status prior to requested change. a. Permit issued to (company name): WCA of North Carolina LLC b. , Person legally responsible for permit: Jaun Carroll RE "E[) MAR 14 ZM cTRAL FILES r �R SECS ON c. Facility name (discharge): d. Facility address: e. Facility contact person: First MI Last Operations Manager Title 421 Raleigh View Road Permit Holder Mailing Address Raleigh NC 27610 City State Zip (919) 818-3187 ( } Phone Fax Material Reclamation, LLC 421 Raleigh View Road Address Raleigh NC 27610 City State Zip Christopher T Roof (919) 201-1434 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 x❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: ake Reclamation LLC Donald Plessinger First MI Last Facility Manager Title 421 Raleigh View Road Permit Holder Mailing Address Raleigh NC 27610 City State Zip (919)201-1(434,)donald.plessinger@wasteindustries.cc Phone E-mail Address d. Facility name (discharge): Ralei h C&D Processinq Facility e. Facility address: 421 Raleigh View Road Address Raleigh NC 27610 City State Zip f. Facility contact.person: Donald Plessinger _ First MI Last ( ) SAME AS ABOVE Revised 2012Apr23 Phone E-mail Address W Lt�-- NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 W. Permit contact information (if different from the person legally responsible for the permit) Permit contact: John C. P f l e e r First MI Last Sr. EHS Specialist Title / 3301 Benson Drive, Suite 601 Mailing Address Raleigh NC 27609 City State Zip (919)201-(3033)john.ptleger@wasteindustries.com Phone I 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) VL Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: x❑ 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 , 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 APPLICANT CERTIFICATION I, , 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 F,WA AW NCDENR Naw m Cww m Door rmna or EN� M/o NMl/UL:"MM;ER Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. FOR AGENCY USE ONLY Date Received Year Month Day in NPDES Permit (or) Certificate of Coverage N isS 0 N C G 113 0 0 4 1 II. Permit status prior to requested change. a. Permit issued to (company name): WCA of North Carolina LLC b: Person legally responsible for permit: Jaun Carroll First MI Last RECEIVED Operations Manager Title APR 2 0 2018 421 Raleigh View Road CENTRAL FILES Permit Holder Mailing Address DWR SECTION Raleigh NC 27610 City State Zip (919) 818-3187 ( } Phone Fax c. Facility name (discharge): Material. Reclamation LLC d. Facility address: 421 Raleigh View Road Address Raleigh NC 27610 City State Zip e. Facility contact person: Christopher T Roof (919) 201-1434 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 x❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): Wake Reclamation LLC c. Person le e ble for permit: Donald Pless inger R oval First MI Last PEAR 0 9 i01� Facility Manager Title [)ENR-LANDOUALIT( 421 Raleigh View Road STORMWA7ER PERMITTING Permit Holder Mailing Address Raleigh NC 27610 City State Zip (919)201-1(434,)donald. lessin er@wasteindustries.coi Phone E-mail Address d. Facility name (discharge): Raleigh C&D Processing Facility e. Facility address: 421 Raleigh View Road Address Raleigh NC 27610 City State Zip f. Facility contact person: Donald Plessi.nger First MI Last ( ) SAME AS ABOVE Phone E-mail Address Revised 2012Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 TV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: John C . Pf leger First Ml Last Sr. EHS Specialist Title 3301 Benson Drive, Suite 601 Mailing Address —Raleigh NC 27609 City State Zip (919)201-(3033)john.pfleger@wasteindustries.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: THIS APPLICATION WILL BE -RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: x0 This completed application is required for both name change and/or ownership change requests. x] 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, , 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 APPLICANT CERTIFICATION T t. ", . ' . "' I, , 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 RIF -9;wJ �M;® NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdoe Charles Wakild, P. E. Governor Director November 28, 2012 Donald Plessinger Wake Reclamation LL,C 421 Ralel'-h View Rd Raleigh, NC 27610 T, ,l t DEC - 3 2012 Natural Resources - NC UENR RabO Secretary Subject: NPDES General Permit NCG 130000 Certificate of Coverage NCG 130041 Raleigh C&D Processing Facility Formerly Material Reclamation LLC Wake Count.v Dear Mr, Plesshwer: On November 12, 2012, 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 Stormwater Permitting Unit at 919-807-6300, Sincerely, ORIGINAL SIGNED B) KEG! PICKLE for Charles Wakild, P.E, cc: Ralci-h Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Ralmh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 l Customer Service: 1-877-623-6745 Internet: www.ncwaterquality.org One North Carolina Aantrally An Equal Opportunity 1 Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENEItAL PERMIT NO. NCG130000 CERTIFICATE OF COVERAGE No. NCG130041 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_ Wake Reclamation LLC is hereby authorized to discharge stormwater from a facility located at Raleigh C&D Processing Facility 421 Raleigh View Rd Raleigh Wake County to receiving waters designated as a UT to Walnut Creek, a class C-NS1v waterbody in the Neese River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI of General Permit No. NCG 130000 as attached. This certificate of coverage shall become effective November 28, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 28, 2012, ORIGINAL SIGNED 131 KEPI PICKLE for Charles Wakild, P.C., Director Division of Water Quality By Authority of the Environmental Management Commission A FWA ! 4 a Division of Water Quality / Surface Water Protection "Y a Natiomol Pollutant Diszhar« NC®� mfim ac Fliminaticln System PERMIT NAME/OWNERSHIP CHANGE FORM S 4JM+••, N f •-y',i V •;• µ4. ii/ tvb.•S.A FOR AGENCY USE ONLY Date Received Year I Month I Da I. Please ruler the permil iminber for which the chance is requested. N'PDL"S Pennit (or) Certificate of Coverage 1 1 3 1 0 10 1 4 11. 11. Permit Stratus 1rt irrr to rolUested change. il. PCFll 1Stillyd io (C:Ortlpaily lian3e): WCA of North Carolina LLC Permit h. I'i rson legally resl7txtsil,le fiu pertnit: Jaun. Carroll First 141 last Operations Manager Title 121 Raleigh View Road Permit Flnldcr M:dhng !Address Raleigh NC 27610 City Slat Zip ( 919 ) 818-31.87 { ) Phone Fax C. facility name (discharge): Material Reclamation, LLC (I. P;:cility address: 421 Ralei h View Road Address Raleigh NC 27610 City State ril) C. facility contact person: Christopher T Roof. (919) 201 -1434 Firm / \•il l Last Ph1mc Ill. Please provide the following; for the requested change (revised permit). a. RCgtrest for chaugu is a result of: ❑ Change in owttersltip of the r;tcility x❑ Name. claange of the facility or owner If wher please e plain: 17. Permit issued to (company name): Wake Reclamation LLC c. Person legally responsible for permit: —Donald Plessinger First \41 East Facility Manager Title 421 Raleigh View Road Permit Iltdder moiling Addiess RaIe.igh NC 27610 City Statc. !ip (919)201-1{434,}donald.plessinger@wasL'ein_dustries.com Phone E-road Address d. facility mule (discharge): Raleigh C&D Processing Facility_-_ C. Facililyaddress: 421 Raleigh View Road Address Raleigh NC 27610 City 41atc '/..il) f. facility coittact persori: Donald { } SAME AS ABOVE -- ---m Phone �i-nt:i3l Wr 1 9 1U� Reuisea 2017Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if dil'It rent from the person legally responsible for the perink) Permit contact: _John C . Pfleger. I ent t411 Last Sr. EHS Soecialist 't'ilte 3301 Benson Drive, Suite 601 Mailing Address Raleigh NC 27609 City slate � Zip (919) 201-t30331 johri. pf eger@wastcindttst.ries _ rom Phone E-mnil Addles% V. Will the permitted facility continue to conduct the saute industrial activities conducted prior to this ownership or name change? Yes ❑ No (please explain) V1. Reytaired Items: THIS APPL,ICA'HON WILL BE, RE7'URNisD UNPROCESSED IF 111,"AIS ARE INCOMPLETE. OR NUSSING: Q This contpletecl application is requiaed for both name cltartge and/or c.>wnersltip change requests. Q Legal ctocument,16011 of tlae 11-misfe;r of'ownership (such as relevant pages Ora contract deed, or a bill of sale) is required Ior an ownership change request. Articles of incorporation arc not sufficient Ior an ownership change. The certifications below ttattsi be contpletc:d and signed by both the pertrtit holder prior to the change, turf the new ;applicant in the cast: of an ownership change request. Fora moue change request, thu signed Applicant's Certification is suflicient. PERNIFU E,E CI3RTII' ICATION (Permit holder prior to ownership change): 1, _.attest that this application fur a name/ownership change has been reviewed and is accurate. and cotttplete to the hest of my knowledge. I understand that if:all required part~ of ihi, application are nut comple;tc;d and that ifall required supporting information is morincluded, this application package will he rctur as incomplete_ Signature [)ate AI'PI..IC:AN'1' Cis R'1'IFICA'I'ION 1. .attest that this application fur a uame/ownership chttnge: has 1s1ecn reviewed .and is accurate: :and complete to the best of my knowledge. I undorstand that if all required part~ of this application are not completed :anti that if .all required supporting information is not included, this application package will he returned as incomplete. )) /IthL Signature Date PL.I ASI SEND ' HE' COMPLETE APPLICA110N PACKAGE TO: Division of Water Quality Surface Water Protcetion Section NOV 1617 Mail Service Center Raleigh. North Carolina 27699-1617 bENR�- yr Rc!vised 712008 ASSIGNMENT OF LEASES AND ACKNOWLEDGMENT BY ASSIGNOR, ASSIGNEE AND LESSOR THIS ASSIGNMENT OF LEASES AND ACKNOWLEDGMENT BY ASSIGNOR, ASSIGNEE AND LESSOR (this "Agreement"), is made and entered into this _ day of March, 2012, by and among D.H. Griffin Holding Co., LLC, a North Carolina limited liability company and D.H. Griffin Construction Co., LLC, a North Carolina limited liability company together ("Lessor"), Material Reclamation, LLC, a North Carolina limited liability company ("Assignor"), and Wake Reclamation, LLC, a North Carolina limited liability company ("Assignee"). WITNESSETH: WHEREAS, the parent companies of each of Assignor and Assignee have entered into that certain Purchase Agreement (the "Purchase Agreement") pursuant to which Assignor will sell substantially all of its assets to Assignee and, in connection therewith, Assignor will assign all of its right, title and interest in and to the Lease (as defined below) to Assignee; WHEREAS, Lessor and Assignor, as lessee, entered into a commercial Lease Agreement (as amended, the "Lease"), relating to certain real property located in Wake County, North Carolina as further described on Exhibit A attached hereto and made a part hereof; WHEREAS, pursuant to and in connection with the Purchase Agreement, Assignor desires to assign all of its right, title and interest under the Lease to Assignee and Assignee desires to accept the assignment of all of Assignor's interest of Assignor under the Lease arising from and after the closing under the Purchase Agreement; and WHEREAS, Assignor may freely assign its interest in the Lease without consent of Lessor, however Lessor is willing to acknowledge the assignment of the Lease to Assignee and to cooperate in connection with transfer or reissuance of certain permits, franchises or authorizations required in connection with the Assignee's business operations located on the Premises (as defined on Exhibit A). NOW, THEREFORE, for and in consideration of the premises, the sum of One Dollar ($1.00) paid by Assignor to Assignee, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Defined Terms. In the event of any inconsistency between the provisions, terms, conditions and agreements in the Lease or in this Agreement, the provisions, terms, conditions and agreements of this Agreement shall control. 2. Assignment and Assumption. Effective as of closing of the transactions contemplated under the Purchase Agreement (the "Effective Date"), Assignor hereby transfers, conveys and assigns unto Assignee all of Assignor's right, title and interest in and to the Lease. Commencing as of the Effective Date, Assignor shall be released from all duties, obligations and responsibilities as the lessee under the Lease accruing from and after the Effective Date. Assignee hereby accepts such assignment and agrees to perform, observe, and discharge all of the "lessee" covenants, obligations, duties and conditions under the Lease which first accrue commencing as of the Effective Date. 3. Lessor's Consent. Lessor hereby consents to the transfer and assignment of Assignor's right, title and interest in and to the Lease to Assignee effective as of the Effective Date. Assignee's address for notice purposes under the Lease shall be the address of the Premises. 4. Estoppel. Lessor, as limited herein, and Assignor acknowledge and agree as follows: (a) The Lease is in full farce and effect, is binding on both Lessor and Assignor, and Lessor has not delivered a written default notice to Assignor. Premises. March 2012. (b) Lessor has not entered into any written agreement with Assignor relating to the (c) Assignor has paid monthly base rent due and payable under the Lease through (d) Lessor does not hold a security deposit from Assignor for the Lease. (e) The Lease expires by its terms on February 28, 2022. The term of the Lease may be extended for two (2) consecutive five (5) year periods. (f) That there are no actually known and existing uncured defaults by any party to the Lease nor is either Lessor or Assignor actually aware of any facts which, with notice or the passage of time, would constitute a default by any party to the Lease. (g) Assignor, solely for itself and without any representation expressed or implied by Lessor, represents that it holds good and marketable title to all the improvements, including without limitation the break room building, scales house building, storage building and concrete foundation bunkers and roof enclosing the recycling equipment, located on the Premises and such improvements are free of any Iiens and encumbrances other than the following: (h) Assignor has no obligation under the terms of the Lease to secure financing for the Improvements. (i) Landlord represents that it does not hold title to any improvements, including without limitation the break room building, scales house building, storage building and concrete foundation bunkers and roof enclosing the recycling equipment, located on the Premises. All representations, acknowledgements and agreement by Lessor to the matters set forth in this Paragraph 4 arc expressly limited to matters actually known by Lessor. 5. Guaranty. This Agreement is conditioned upon and shall only be effective as of the Effective Date upon the further execution of a Guaranty by Assignee's parent company as to the obligations of Assignee as Tenant of the Lease being assigned and assumed by Assignee under the terms hereof, the terms of said Guaranty to be substantially in the same form as heretofore executed by parent company of Assignor and the execution of said Guaranty being a material consideration and inducement for the execution of this Agreement by Lessor. 6. Lessor's Cooperation. Lessor agrees to reasonably cooperate as necessary but at no expense to Lessor with Assignor and Assignee in obtaining a transfer of North Carolina Solid Waste Permit No. 92-24 to Assignee, or the re -issuance of that Permit to the Assignee, by the Division of Waste Management of the North Carolina Department of Environment and Natural Resources, and the transfer or re -issuance of any other permits, franchise or authorizations to the Assignee. 7. Ratification of Lease,• Memorandum of Lease. Assignee and Assignor hereby ratify and confirm all of the terms and provisions of the Lease and agree that the Lease remains in full force and effect without modification, except as otherwise set forth herein or amended hereby, and agree that, as of the date hereof, the Lease is subject to no offsets, claims, counterclaims or defenses of any nature whatsoever. Landlord and Assignor agree to execute and deliver to Assignee an amendment to that certain Memorandum of Lease recorded at Book 11294, Page 1690, Wake County Registry in the form attached hereto as ExhihitB, which amendment Assignee shall record at its sole expense. S. Si na e. Notwithstanding anything to the contrary in the Lease, Assignor, Assignee and Lessor hereby acknowledge and agree that Assignee may install new signage on the Premises, provided such signage shall be subject to any and all laws, ordinances, rules and regulations as to which Lessor makes no representations or warranty. All costs with respect to removing existing signage and creating, installing, changing, altering or otherwise preparing signage for Assignee's use on the Premises shall be borne by Assignee. 9. Modifications. This Agreement may not be changed, modified, discharged or terminated orally or in any manner other than by an agreement in writing signed by the parties hereto or their respective successors and permitted assigns. 10. Miscellaneous. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws, the remainder of this Agreement shall not be affected thereby, and in lieu of each clause or provision of this Agreement which is illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or provision as nearly identical to the said clause or provision as may be legal, valid and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, successors -in -title, representatives and permitted assigns. The signatory of Lessor represents to Assignor and Assignee that he is duly authorized to execute and deliver this Agreement on behalf of Lessor. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. Any and all expansion, renewal and extension rights and options, if any, granted to the lessee pursuant to the Lease shall remain in effect. This Agreement is not in recordable form, and Assignor and Assignee agree not to record or cause to be recorded this Agreement or any short form or memorandum thereof. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same instrument. —Signatures Appear on Following Page— IN WMESS WHEREOF, the parties hereto have executed this Assignment of Lease as of the date first above written. LESSOR: D.H. Griffin Holding C , L IC a North Ca Tina limited liability company By: Name: D.H. Griffin r. Title: Manager D.H. Griffin Const on Co. North Carolina limited liability company By: Name: D.. Gri Sr. Title: Manager ASSIGNOR: Material Reclamation, LLC, a North Carolina limited liability company By: _ Name: Title: ASSIGNEE: Wake Reclamation, LLC, a North Carolina limited liability company By: Name: Title: IN WITNESS WHEREOF, the parties hereto have executed this .Assignment of Lease as of the date first above written. LESSOR: D.H. Griffin Holding Co., LLC, a North Carolina limited liability company By: Name: Title: D.A. Griffin Construction Co., LLC, a North Carolina limited liability company By: _ Name: Title: ASSIGNOR: Material Reclamati C, rolina limited liability company By:. R Name: .c:, a� Title: . r spa. o." ASSIGNEE: Wake Reclamation, LLC, a North Carolina limited liability company By: — Name: Title: IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease as of the date first above written. LESSOR: D.H. Griffin Holding Co., LLC, a North Carolina limited liability company By: Name: Title: D.H. Griffin Construction Co., LLC, a North Carolina limited liability company By: Name: Title: ASSIGNOR: Material Reclamation, LLC, a North Carolina limited liability company By: _ Name: Title: ASSIGNEE: Wake Reclamation, LLC, orth Carolina limited liability company By: Name: _._A& —T Title. u« [%nr,' Exhibit A Ground Lease Agreement dated April 5, 2001, amended by that certain First Amendment to Ground Lease dated January 14, 2005 by and between D. H. Griffin Holding Co., LLC, a North Carolina limited liability company and D.H. Griffin Construction Co., LLC , a North Carolina limited liability company together as "Lessor) and Material Reclamation, LLC, a North Carolina limited liability company, as "Lessee", for an approximately 10.852 acre portion of a 19.153 acre tract of land located in Raleigh, North Carolina as further described and shown on Exhibit B to the First Amendment to the Lease ("Premises"). Exhibit B Prepared by and Hold after Recording fnr: WYRICK ROBBINS YATES & PONTON LLP (CLF)(Box 210 WCR) STATE OF NORTH CAROLINA AMENDED MEMORANDUM OF LEASE COUNTY OF WAKE THIS AMENDED MEMORANDUM is of that certain unrecorded Ground Lease Agreement, including all Exhibits and Addenda thereto, dated April 5, 2001, as amended by that certain unrecorded First Amendment to Ground Lease Agreement dated January 14, 2005, as assigned pursuant to that unrecorded Assignment of Leases and Acknowledgment by Assignor, Assignee and Landlord dated March _, 2012 (collectively the "Lease"), and is by and between D.H. Griffin Holding Co., LLC, a North Carolina limited liability company ("Griffin Holding") and D.H. Griffin Construction Co., LLC, a North Carolina Iimited liability company ("Griffin Construction" and together with Griffin Holding, "Lessor") and Wake Reclamation, LLC, a North Carolina limited liability company ("Lessee"). WITNESSETH: WHEREAS, Griffin Holding, as lessor, and Material Reclamation, LLC ("Original Lessee") entered into that certain unrecorded Ground Lease Agreement dated April 5, 2001 ("Original Lease"), a Memorandum of which was recorded in Book 8923, Page 514, Wake County Registry ("Original Memorandum") for the premises described in the Original Memorandum ("Original Premises"); WHEREAS, certain IeasehoId improvements located on the Original Premises, including, but not limited to, break room building, scales house building, storage building and concrete foundation bunkers and roof enclosing recycling equipment (collectively, the "Improvements"), were conveyed by Griffin Holding to Original Lessee contemporaneously with the execution of the Original Lease; WHEREAS, Lessor and Original Lessee entered into that certain unrecorded First Amendment to Ground Lease Agreement dated January 14, 2005, which, among other things, expanded the Original Premises, to include land owned by Griffin Construction, a memorandum of which was recorded in Book 11294, Page 1690, Wake County Registry which memorandum modified and superceded the Original Memorandum ("Memorandum of Lease"); and WHEREAS, pursuant to that certain Assignment of Leases and Acknowledgment by Assignor, Assignee and Landlord dated March _, 2012 ("Lease Assignment"), Original Lessee assigned all of its rights, title and interest in and to the Original Lease to Lessee and the parties desire to amend the Memorandum of Lease to reflect the Lease Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Lessor and Lessee hereby amend the Memorandum of Lease to reflect the Lease Assignment. The provisions set forth in the Lease and the Memorandum of Lease are hereby incorporated into this Amended Memorandum by reference. This Amended Memorandum is not a complete summary of the Lease, and the provisions contained herein shall not be construed to interpret the terms thereof. In the event of a conflict between this Amended Memorandum and the Lease, the Lease shall control. Title to the Improvements to be vested in Lessee until the expiration of the lease term as extended. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amended Memorandum of Lease under seal on the _ day of March, 2012. LESSOR: D.H: Griffin Holding Co., LLC, a North Carolina limited liability company By: Name: Title: D.H. Griffin Construction Co., LLC, a North Carolina limited liability company By: Name: Title: LESSEE: Wake Reclamation, LLC, a North Carolina limited liability company By: Name: Title: NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Mr. Dennis Gehle WCA Waste Corporation 421 Raleigh View Road Raleigh, NC 27610 Division of Water Quality Coleen H. Sullins Director May 27, 2010 Subject: Stonnwater Compliance Evaluation Inspection Certificate of Coverage No. NCG130041 WCA Waste Corporation Wake County Dear Mr Gehle: Natural Resources Dee Freeman Secretary On May 21, 2010, Cheng Zhang of the Raleigh Regional Office (RRO) conducted a Stormwater Compliance Evaluation Inspection at the subject facility. Your assistance was greatly appreciated. The inspection report is attached. Findings during the inspection were as follows: Certificate of Coverage (COC) No. NCG130026 of NPDES general permit NCG130000 was issued to WCA Waste Corporation, to discharge stormwater runoff from a facility located at 421 Raleigh View Road in Raleigh Wake County to Walnut Creek, a class C-NSW stream, in the Neuse River Basin. 2. The facility has developed a Stormwater Pollution Prevention Plan (SPPP). It covered all components and met the requirements of the General Permit. 3. Stormwater from site is collected into a bio-retention pond and discharged via the stonmwater discharge outfall (SDO) only when water in the pond reaches a certain level. Analytical monitoring was conducted when a discharge even occurred in December 2009, it is noted that pH value (9.3 S.U.) was outside the bench mark range. For this discharge event, qualitative monitoring was not conducted and documented as required by the permit. Please be reminded to conduct both analytical and qualitative monitoring at the same time for future discharge events. 4. The stormwater discharge outfall and the bio-retention pond were observed during the inspection and in good condition. North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27099-1628 Phone 019) 791-3200 Customer Service Internet www.ncwaturquality.org location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748 An Equal Opportuity/Atlirmative Action Employer-- 50% Recycled/10% Yost Consumer Paper 11 gS�� I'.WC4ViFas`tt"Srp ��-��•' � ration Compliance Evaluation Inspection If you have any -questions regarding the attached report or any of the findings, please contact Cheng Zhang at 919-791-4200 (or email: cheng.zhang@ncdenr.gov). Sincerely, Cheng Zhang Environmental Specialist Enclosure: Compliance Evaluation Inspection Form cc-. Central Files RRO SWP tiles Permit: NCG130041 SOC: County: Wake Region: Raleigh Compliance Inspection Report Effective: 06/01/08 Expiration: 05/31/13 Owner: Wca of North Carolina LLC Effective: Expiration: Facility: Material Reclamation, LLC 421 Raleigh View Rd Contact Person: Dennis Gehle Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 05/2112010 Primary Inspector: Cheng Zhang Secondary Inspector(s): Title: Entry Time: 09:30 AM Raleigh NC 27610 Phone: Certification: Exit Time: 10:30 AM Phone: Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Wholesale Trade of Non-metal Waste and Scrap Stormwater Discharge COC Facility Status: ■ Compliant C1 Not Compliant Question Areas: 0 Stoma Water (See attachment summary) Page: 1 Permit: NCG130041 Owner - Facility: Wca of North Carolina LLC Inspection Date: 05121/2010 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 Descriptior 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? ■ ❑ ❑ Cl # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: The facility did not conduct qualitative monitoring when conducting analytical monitoring in December 2009. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment: Samples were collected and analyzed in December 2009 when stormwater was discharged from the retention pond. 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? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 Permit: NCG130041 Owner • Facility: Wca of North Carolina LLC Inspection Date: 05/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: The stormwater retention pond and discharge outfall were observed and in good condition. Page: 4 Permit: NCG13006;r- Owner - Facility: k11 `f'/moo !O Inspection Date: 1A496f29G18 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater POPIutiOn Prevention Plan C� 1 �f�2PS ��q r SYes No NA NE Does the site have a Stormwater Pollution Prevention Plan? �C+ c_ C4, k 1k x El ❑ ❑# Does the Plan include a General Location (USGS) map? f .❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? m ❑ ❑ ❑ # 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? ! ���` �„� �5 ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 01,00bJe— v►l .4 a Cl ❑ ❑ 0 # Does the Plan include a BMP summary? �,❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? rrc�� ❑ ❑ ❑ # Does the Plan include_ a Preventative Maintenance and Good Housekeeping Plan? v � 1 ❑ ❑ ❑ ,IiSJv- # Does the facility provide and document Employee Training? D L7 � ap�r� E K,C] ❑ f 'Le_" eAAe- � # Does the Plan include a list of Responsible Party(s)? N r'hGt .❑ ❑ ❑ # 1s the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: There have been no past significant spills. [,❑❑❑ w Cl ❑ ❑ Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi -one nually? ❑ ❑ ❑ Comment: iD I ao.-sZ vv. e. j �-hrt d v rr►� Analytical Monitoring I � �'�'' ' V �` Yes No NA NE 1 Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑ Comment: Permit and Outfalls dui /l p '� �'{� 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? ■ Cl ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? �`) ❑ ❑ Comment: The facility has only one stormwater discharge outfall. The outfall was observed during the inspeand and was in good condition. Page: 3 Mr. Christopher T. Roof WCA of North Carolina, L.P. 421 Raleigh View Road Raleigh, NC 27610 Dear Mr. Roof: Michael F. Easley, Governor WilliamG. Ross 1'r., Secretary North Carolina Department of Environment and Natural Resources AAA Ala j%Y-!LKlimek,P.E:-Direct6r' i ��iwston of Water Quality December 9, 2005 � Subject: General Permit No: NCG130000 WCA of North Carolina, L.P.—Material Reclamation, LLC COC No. NCG130041 Wake County In accordance with your application for a discharge permit received on October 26, 2005, 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 May 9, 1994 (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 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. If you have any questions concerning this permit, please contact Bethany Georgoulias at telephone number-(919) 733-5083 ext. 529. Sincerely, -- BRADLEY BEiNNETT Alan W. Klimek, P.E. cc: Raleigh Regional Office Central Files Stormwater Permitting Unit Files Bill ReidlWake County No s1�Carolina )Vatur,711lf North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o,enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunif lAffirmative Action Employer-50% Recyded110% Post Consumer Paper i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION. OF WATER QUALITY GENERAL PERMIT NO. NCG130000 CERTIFICATE OF COVERAGE No. NCG130041 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, WCA of North Carolina, L.P. is hereby authorized to discharge stormwater from a facility located at Material Reclamation, LLC 421 Raleigh View Road Raleigh, NC Wake County to receiving waters designated as an unnamed tributary to Walnut Creek, a class C-NSW water in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG130000 as attached. This certificate of coverage shall become effective December 9, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 9, 2005. iDLEY 8ENP4ETT for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: 17 V I ' -.XY. 0 j ZJ, 419, 'T a Material Reclamation, LLC L j Latitude: 35'44'45" NCG130041 Facility Longitude: 78'37'58" County: Wake, NC Material Location Stream Class: C-NSW Reclamation, LLC Receiving Stream: UT to Walnut Creek Subbasin: 03-04-02 (Neuse River Basin) cffotth HALF AROVI FTIMI I WCA of NC, LP —Material Reclamation, LLC, NCGI30041 November 29, 2005 rev. 12/7/05 B. Georgoulias Summary This facility submitted a Notice of Intent to be covered under General Permit NCG130000 (J\Ton- metal Waste and Scrap). The stormwater discharge drains to an unnamed tributary to the Walnut Creek (Class C-NSW), in the Neuse River Basin. This facility is located in Wake County, handled by the Raleigh Regional Office. Application review a) The permit application has been signed and sufficiently completed. Yes. b) The SIC code accurately describes this facility's activities and is covered by this general permit. Not the SIC on the application. Company notes SIC: 4953 (Refuse Systems — Establishments primarily engaged in the collection and dispoxal of refuse by processing or destruction or in the operation of incinerators, waste treatment plants, landfills, or other sites for disposal of such materials. Establishments primarily engaged in collecting and transporting refuse without such disposal are classified in Transportation, Industry 4212.) This facility receives, sorts, and sells or uses construction and demolition debris; debris for disposal is shipped off -site to a C&D landfill. SIC 5093 (Scrap and Waste — Establishments primarily engaged hi assembling, breaking up, sorting, and wholesale distribution of scrap and waste materials.) more accurately describes activities because facility does not dispose of debris on -site. c) Does this facility have other permits? No d) Hazardous Waste Activities? No. e) Regional Office input requested: 11/29/05 (]ZRO). RO Approval received: 12/7/05 (via e-mail from J. Garrett.) g) Application approved? Yes. COC drafted 12/7/05. Phone logs None. Re�N(r" 4)m Material Reclamation - NCG130041 (Wake Co.) Subject: Re: NOl from Material Reclamation - NCG130041 (Wake Co.) From: Judy Garrett <judy.garrett cr ncmail.net> Date: Wed, 07 Dec 2005 08:43,57 -0500 To: Bethany Georgoulias<bethany.georgoulias@ncmai1.net> Hi Bethany, No. We don't have any concerns about this facility. I recommend issuance. Thanks, Judy Bethany Georgoulias wrote: Hi, Judy, Just wanted to check on this one before I forgot about it with the holidays approaching. Does the RRO have any concerns with issuing a COC to this facility? Thanks! BG -------- Original Message -------- Subject: Re: NOI from Material Reclamation - NCG130041 (Wake Co.) Date: Tue, 29.Nov 2005 11:23:46 -0500 From: Shannon Langley <shannon.langley@ncmail.net> To: Bethany Georgoulias <bethany.georgoulias@ncmail.net> References: <435D4053.20009@ncmail.net> <43721FDE.3040907@ncmai1.net> <437239E7.4090509@ncmail.net> <438C7ED5.8040502@ncmail.net> Bethany, I used to have Wake County but now it "belongs" to Judy Garrett. I'll ask Judy to look at your message and provide any comments she has... Thanks Shannon Bethany Georgoulias wrote: Hi Shannon, I'm not sure if you're the right contact, but for some reason I thought you handled Wake County. If not, please forward to the appropriate staff in your office. We received an NOI from WCA of NC, LP --Material Reclamation here in Raleigh for coverage under the Stormwater General Permit for non-metal scrap and waste (NOI No. NCG130041). A copy of the NOI is attached. This facility receives, sorts, and re -sells construction and demolitin debris. It indicated its SIC was 4953 on the application, but I think SIC 5093 (which is what this general permit covers) is more appropriate because it does not sound like activities include disposing of this material on -site. (Unused materials are shipped off -site to a C&D landfill.) Does the Raleigh Regional Office have any concerns about issuing a COC to this facility? Thanks, BG of 2 12/7/2005 9:01 AM Re: NO[ from Material Reclamation - NCO 130041 (Wake Co.) Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgculias@ncmail.net 2 of 2 12/7/2005 9:01 AM