Loading...
HomeMy WebLinkAboutNCG140233_COMPLETE FILE - HISTORICAL_20180109STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. �(J�(� I �O 2-,3j DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF - RESCISSION 0 8 9� U YYYYMMDD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. James Washburn S.T. Wooten Corporation 5201 Beryl Road Raleigh, N.C. 27606 Dear Mr. Washburn: ROY COOPER Goveofrur MICHAEL S. REGAN Secrelun WILLIAM E. (TOBY) VINSON, JR. Injerfrn 1 ircclor January 9, 2018 Subject: Rescission of NPDES Stormwater Permit Certificate of Coverage Number NCG140233 Wake County The Division of Energy, Mineral and Land Resources received your request to rescind your coverage under -Certificate of'Coverage Number NCG140233. In accordance with your request, Certificate of Coverage Number NCG140233 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES permit is against federal and state laws and could result in fines. If something changes and your facility would again require stormwater or wastewater discharge permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the proper permit coverage. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact us at 919-707-9200, or the Stormwater staff in our Raleigh Regional Office at (919) 791-4200. Sincerely, Original signed by Robert D. Patterson, P.E. for William E. (Toby) Vinson, Jr., PE, CPESC, CPM Interim Director Division of Energy, Mineral and Land Resources cc: Raleigh Regional Office Stormwater Permitting Program Central Files State of North Carolina I Environmental Quality I Energy, Mineral and land Resources 1612 Mail Service Center 1 512 Notth Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T ONA RCDENRa Nb T'i CMOLIHI DEPe TM[HT OF EMARONMENT MID Nr umU RmCVRCm Division of Energy, Mineral & Land Resources Land Quality Section/Storm water Permitting Program National Pollutant Discharge Elimination System RESCISSION REQUEST FORM FOR AGENCY USE ONL Date Received Year Month Day Please fill out and return this form if you no longer need to maintain ,your NPDES stormwater, _V 11_44� 1) Enter the permit number to which this request applies: Individual Permit (ord Certificate of Coverage 2) Owner/Facility Information: * Final correspondence will be marled to the address noted below Owner/Facility Name S.T Wya7Z� 6A>P40?,oQ77,0A1 Facility Contact t —pyffS fit%0URA Street Address 5.7o/ jtjp City 69ALUZ I, _ ._,.._...__— State _,MC,_ ZIP Code Q-7404 County L4JJ4ICc� E-mail Address _jarg5. &),9S, ae�P�l P �leORP, er"y Telephone No. S2 R910— S9/x Fax: 919 -77r1 — 3943 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): Facility closed or is closing on i_.: :=o2G/7AII industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to •;777..': on '1 � 7!� . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new•owner. ❑ Other: 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true-lomlalete and accurate.. Signature t or type name of person signing above Please return this completed rescission request form to Date �jtld/,�/Y1W1z?L �'o.�+IQut3�r� ip,G� Title NPDES Permit Coverage Rescission Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Phone: 919-807-6300 l FAX: 919-807-6492 An Equal Opportunity 1 Affirmative Action Employer Alexander, Laura From: Valentine, Thad Sent: Monday, December 11, 2017 10:40 AM To: Alexander, Laura Cc: lames Washburn Subject: Rescission NCG 140233 Follow Up Flag: Follow up Flag Status: Flagged Laura I inspected the ST Wooten site located at 5201 Beryl Road Raleigh NC on Friday 12/8/2017 ( NCG140233). They have removed all their equipment and products and are leasing the property. They look good for rescinding their General Permit. Thad Valentine Senior Environmental Specialist Division of Energy, Mineral and Land Resources -Land Quality Section Department of Environmental Quality i State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES July 26, 1999 PHIL ADAMS S.T. WOOTEN CORPORATION - BERYL ROAD P O BOX 2408 WILSON, NC 27894 Subject: Reissue - NPDES Stormwater Permit S.T. Wooten Corporation - Beryl Road COC Number NCG140233 Dear Permittee: Wake County In response to your renewal application for continued coverage under general permit NCG140000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general Stormwater permit NCG140000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT SEND the SPPP with the signed form. * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin for the general permit which outlines changes in the permit, key requirements, and addresses frequently asked questions * A Certificate of Coverage Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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 DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. -- If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 578 Sincerely, for Kerr T. Stevens cc: Central Files Stormwater and r ,ul permits Unit Files Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140233 STORMWATER AND PROCESS WASTEWATER 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, S.T. WOOTEN CORPORATION - BERYL ROAD is hereby authorized to operate a process wastewater treatment system, and is hereby authorized to discharge process wastewater and stormwater from a facility located at S.T. WOOTEN CORPORATION - BERYL ROAD 5201 BERYL ROAD RALEIGH WAKE COUNTY to receiving waters designated as a UT of Simmons Branch in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, II1, IV, V, and VI of General Permit No. NCG140000 as attached. This certificate of coverage shall become effective August I, 1999. This Certificate of Coverage shall remain -in effect for the duration of the General Permit. Signed this day July 26, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission I State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 28, 1997 Mr. George R. Strickland S. T. Wooten Corporation P O Box 2408 Wilson NC 27894-2408 00.9AA A&14 40 ±ff�l' IDEHNR Subject: Permit. Modification - Name Change S.T. Wooten Corporation (formerly Capital City Ready Mixed Concrete) Perntit Nos. NCG 140233, NCG 140234, NCG 140235, NCG 140236 and NCG 140237 Wake County Dear Mr. Strickland: In accordance with the Permit Name/Ownership Change Forms you recently submitted, we are forwarding the modified Certificates of Coverage for the subject facilities. The changes in these permits are with respect to ownership only. All .other terms and conditions in the original permits remain unchanged and in full effect. These Certificates of Coverage are issued pursuant to the requirements of North Carolina General Statute 143-2i5.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in the permits are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such request is made, then certificates of coverage shall be final and binding. Please take notice that the certificates of coverage are 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. These permits do 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, please contact Steve Coerper at 919/ 733-5083, extension 361. cc: Raleigh Regional Office, Central Files Permits and Engineering Water Quality Section Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10°o post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG]40000 CERTIFICATE OF COVERAGE NO. NCG]40233 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and remdations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, S.T. Wooten Corporation is hereby authorized to discharge stormwater from a facility located at Concrete Plant No. 7 5201 Beryl Road City of Raleigh Wake County to receiving waters designated as an unnamed tributary to Simmons Branch, a class C NSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, It, III and IV of General Permit No. NCG140000 as attached. This Certificate of Coverage shall become effective October 28, 1997. This Certificate of Coverage ;hail remain in effect for the duration of the General Permit. Signed this 28th day of October, 1997. ` A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM ernvi umber: I iu I c IG I l 1,f ja z 13 13 1. Permit holder's name: CAPITAL C t TyAEAVD )^II a'E-0 jf0)0cR 2. Permit's signing official's name and e ck -t:t-GS-,L3zz for permit) (Tide) 3. Mailing address,• 5'70'7 r CM- ROAD City-, XA4CIao State: N . C. Zip CodeA26 &4 Phone: (?i 9 ) 921 -Q-4V IS 16 -1_-7 - 97 �Saa 1. This request for a -name change is a result of: X a. Change in ownership of property/company _b. Name change only �c. Other(please explain): s•T G0o0-rCj CoRPoRAT/0r3 QERyL Rip Cd,JcRZ-'F PLAAT No, 9 _psao 1� AL E i 61-t, �()AkC 2. New owner's name (name to be put on permit): 5. T - a C 0 R P0 RAT 013 3. New owner's or signing official's name and title: ponsib a or pe t) VICE PREs11>E04r 4. Mailing address: QaX q `i o g city�(ryide). _ State: P- C Zip Code: Z_7 R94 Phone: [q 0 ) a9 ! 5145 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Processing fee of $100.00 (Checks to be made payable to DEHNR) 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY I30TH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. Cu rr t Permitte 's Certification: I, do, attest that this application for name/ownership change has been reviewed anis accurate ancomplete to the best of my knowledge. I understand that if all required parts of this appIic are not completed and that if all required supporting information and attachments are not included, this p ' 'on package wi returned as incomplete. Signature Date - S Applicant's Certification: 1, 19JE096V 9. Si`R 1 CA(C*AP , attest that this application for a namelownership change has been reviewed and' ac complete to the best of my knowledge. I understand that if all required parrs of this applicatio a �and o mpi d at if all,�equired supporting information and attachments are not included, this pli turn as incomplete. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone: (919) 733-5083 Fax: (919) 733-0719 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCG140233 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, Capital City Ready Mixed Concrete Company is hereby authorized to discharge stormwater from a facility located at Capital City Ready Mixed Concrete Company - Fairgrounds, Plant #1 5201 Beryl Rd. Raleigh Wake County to receiving waters designated as an unnamed tributary to Simmons Branch, a class C NSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit No. NCG140000 as attached. This Certificate of Coverage shall become effective August 23, 1996. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 23, 1996. B�4k- A. Preston oward, Jr., P.E., Director _ Division of Water Quality By Authority of the Environmental Management Commission E- LL_ V) w W Lrl r-- a" 3 l 5 5 6 pG o 165 a�� 1 8623 �°o4q 2 Drafted by: Narron, Holdford, Babb, Harrison & Rhodes, P.A. t G Z = Pauu! -327 _ cc <? R4vrvi teas# t7f�i�. �v�u:er 2'l� W�15�rn1,G.'L�S�ky-Q2�"I of3�f p"Iz NORTH CAROLINA 1,50a.00 [vac#-3: WAKE COUNTY i ratF 4' 520'"c53Z- TyttC+!5- '] 2L )q 017-st .+ THIS DEED made this day of July, 1997, by CAPITAL CITY CONCRETE LRVICE, INC., a North Carolina corporation whose principal place of business in Wake County is 5201 Beryl Road, Raleigh, NC 27606, GRANTOR, to S. T. WOOTEN CORPORATION, a North Carolina corporation, GRANTEE, whose mailing address is P. O. Box 2408, Wilson, NC 27894-2408. WITNESSETH: In consideration of Ten Dollars ($10"00) and other vaivabie consideration paid to the GRANTOR by.the GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR has bargained and sold, and by these presents does hereby bargain, sell and convey to the GRANTEE, its successors and assigns, those certain parcels of land lying and being situate in Wake County, North Carolina, and more particularly described as follows: SEE ATTACHED EXHIBIT A -' TO HAVE AND TO HOLD the above lands and all privileges and appurtenances thereto yelonging to the GRANTEE and its successors and assigns in fee simple forever, subject only to such encumbrances or rights of others as may be of record in Wake County as of the date of this LAW OFFICES SARRON. HOLDFORO. f3AHE3, HARRISON & RHODES. P.A. DRAWER Z70 'ILSON, NORTH CAROLINA conveyance. SUBJECT, HOWEVER, to the right-of-way of the adjacent road, such other easements and permits of record, and any utilities over, under or across the property which may or may not be of record. The GRANTOR, for itself, its successors and personal representatives, covenants to and with the GRANTEE, its successors and assigns, that it is seized of the. said premises in fee and has full right to convey the same in fee -simple; that there are no encumbrance's other trap those referred to hereinabove and that it does warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTOR has hereunto caused this deed to be executed in its corporate name by its President and attested by its Secretary with the corporate seal of the corporation affixed hereto, all by proper corporate authority, the day and year first above written. CAPIT C ITAL CITY CONCRETE SERVICE, [COIVORA�:E:SEAL] By: < ayne Ba: y, President .S�cretary / SA: Wooten PO Box 2408 ilsn. NC 4 2403 Corporation 1(" 0001 3 314 G 082322 ,,,2,, 5, 65 FAX 919.243.0900 JOB/SUB JOB NO. CO. DIV. VENDOR REFERENCE CHECK N INVOICE NUMBER INVOICE DATE DESCRIPTION GROSS AMOUNT DISCOUNT NET AMOUNT PERMIT 09/25/97 NAME PERMIT PLT 7 100.00 100.00 PERMIT 09/.25/97 NAME PERMIT PLT 8 100.00 100.00r PER,'1IT 09/25/97 NAME PERMIT PLT 9 100.00 100000 OERMIT 09/25/97 NAME PERMIT PLT .10 100.00 100.00 PERMIT 09/25/97 NAME PERMIT PLT 11 100.00 100.00 DE-ACH AND RETAIN THIS STATEMENT TOTALS 500.00 500000 THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. IF NnT CORRFCT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. A 9KI556PGO166 NORTH CAROLINA WAKE COUNTY a Notary Public in and for the County and State aforesaid, do hereby certify that A jek�personally appeared before me this day and acknowledged that he iAecretary of CAPI AL CITY CONCRETE SERVICE, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. Witness my hand and Notarial Seal this day of July, 1997. Notary Public My Commission Expires: .-7 /-7 r �� ! NORTH CAROLINA — Wj.K C NTY(� The foregoing certificate of J ` ' �+ _ L V , , . Notar(y)(ies) Public is (are) certified to be Correct,This instrument and this certificate are duly registered at the date and time and in the book and page shown on the first page hereof. aD..d fCKRegister of Deedsgy LAW OFFICES 1ARRON, HOLDFORD. BABB. HARRISON & RHODES, P. A. DRAWER 279 n LSON, NORTH CAROLINA CAW PDATAIWL01NG9DE. WLO -BK7556PG0161 LAW OFFICES NARRON. HOL.DFORD. BABB. HARRISON & RHODES, P. A. DRAWER 279 WILSON. NORTH CAROLINA EXHIBIT A TRACT 1: BEING all of Tract 2, containing 3.73 acres, as shown in a map entitled "Recombination Map" Surveyed for HCM Associates, prepared by Byrd Surveying, P.A., Registered Surveyors, dated July 24, 1990, recorded in Book of Maps 1990, Page 836, Wake County Registry, and acquired by Capital City Concrete Service, Inc., by deeds recorded in Deed Book 7408, Page 891, and Deed Book Spa, Page 59 , of the Wake County Registry. TRACT 2: BEING all of Lots 21 and 22 as shown on plat entitled "Subdivision of North Raleigh Industrial Park, Owner: Bennett A. Rowland," prepared by J. Fred Davis, Jr., Inc., and recorded in Book of Maps 1984, Page 815, Wake County Registry, and acquired by Capital City Concrete Service, Inc., by deed recorded in Deed Book 3310, Page 781, of the Wake .County Registry. RAT : BEING all of Lot 1 as shown on plat entitled "Recombination: Fortune 11 Subdivision," prepared by Robert W. Keefe, Surveyor, dated March 17, 1986, and recorded in Book of Maps 1986, Page 464, Wake County Registry, and containing f 2.51 acres. TRACT 4: BEGINNING at an iron pipe lying in the intersection of the easterly right-of-way of Powell Drive and the southerly right-of-way of Southern Railway, runs thence with the edge of said Railway right-of-way and parallel with Beryl Road North 61 deg. 17 min. 58 sec. East 366.12 feet to an iron pipe, a common corner with Capital City Concrete Service, Inc.; thence South 35 deg. 26 min. 02 sec. East 375.56 feet to an iron pipe in the line of McGhee; thence South 61 deg. 21 min. 32 sec. West 372.34 feet to an iron pipe in the easterly right-of-way of Powell Drive; thence with said street North 34 deg. 29 min. 44 sec. West 374.50 feet to the point and place of BEGINNING and containing 3.16 acres according to a map entitled "Residual Tract Survey, Property of James A. Bailey, et al." by J. Fred Davis, Jr., Inc., dated April 9, 1984, and acquired by Capital City Concrete Service, Inc., by deed recorded in Deed Book 3271, Page 939, of the Wake County Registry. TRACT 5: BEGINNING at a point in the centerline of Southern Railway, runs thence with said centerline North 61 deg. 17 min. 00 sec. East 102.61 feet to a point; thence South 35 deg. 26 min. 02 sec. East 100.00 feet to an iron pipe in the edge of the Southern Railway right-of-way; thence South 35 deg. 26 min. 02 sec. East 446.48 feet to an iron pipe; thence North 86 deg. 18 min. 00 sec. West 131.38 feet to an iron pipe; thence a new line with Burke North 35 deg. 26 min. 02 sec. West 375.56 feet to an iron pipe in the edge of the Southern Railway right-of-way, said iron pipe lying North 61 deg. 17 min. 00 sec. East 396.45 feet from the centerline of Powell Drive; thence North 35 deg. 26 min. 02 sec. West 100 feet to the point and place of BEGINNING, which property was acquired by Capital City Concrete Service, Inc., by deed recorded in Deed Book 3114, Page 209, of the Wake County Registry. DAWPDATAIWL0DU455EX.WL0 (7/15197) Attachment 1.1F(a) NORTH CAROLINA WAKE COUNTY AND LEASE AGREEMENT This Agreement and Lease, made this 29th day of February 1996 by and between: DEBORAH U. BROWN and husband, CLIFFORD BROWN ................... hereinafter called the'L1 SSOR: CAPITAL CITY READY NM, INC.. ........ hereinafter called the TENANT: WITNESSETH: That the LESSORS hereby lease to the TENANT the following described property: Lot N3 Division Underwood land containing ten (10) acres allotment to S. B. Underwood in Book 879, page 41, Wake County Registry, excepting one (1) acre lieretofore conveyed to J. A. Underwood on May 30, 1946. THE TERMS AND CONDITIONS OF THIS LEASE ARE AS FOLLOWS: 1) THIS LEASE shall begin on the Ist day of March 1996 and shall end on the last day of February, 2001, unless sooner terminated.' The Lessor herein gives and grants to the Tenant the right to renew the term of this lease for an additional Five years at the end of the first term provided written notice is delivered to Lessor no later that 1-31-2001. If this lease is extended for the second five year term, the Lessor gives and grants to Tenant the right to extend the term of this contract for an additional five year term to end the last day of February, 2011 provided written notice is given to Lessor no later than 1-31-2006. The right to extend either of the two terms herein granted is dependent upon a mutual agreement about the monthly rental as hereafter set out in Paragraph (2) below. 2) THE RENTAL to be paid for said premises shall be the sum of $ 600.00 per month net rental for the year 1996 plus fit) Tenant agrees to reimburse Lessor for all ad valorem each year assessed against the property and any improvements or personal property associated therewith and M to increase or decrease the monthly net rental amount for the upcoming rental year equal the change in percentage of the Consumer Price Index as published by the United States Bureau of Labor Statistics for the proceeding year, which net rental amounts (and CPI increases beginning 3-1-97) will be payable on the first day of each month in advance. Lessor has granted the right to renew the term of this lease for two consecutive terms of five years, each but 'such renewal for each term is conditioned upon the determination of an independent appraisal of the value of the property by a State Certified General Real Estate Appraiser and his recommendation of fair net rental return. Lessor and Tenant agree to equally share the expense of the aforesaid appraisal for each term renewal. If any rental payment is not made good by the fifteenth day of the month that it is due, the lessor shall have the right to possession of the premises and lessee agrees to give lessor peaceable possession of said premises and to be liable for the monthly rental under this lease thereafter until lessor leases the premises to another lessee. 3) INSURANCE carried by the lessee shall be for its own protection and lessee agrees to save lessor harmless on account of any claims of all kinds arising out of the occupancy of the premises and lessee agrees to carry, at is own expense, a Comprehensive Public Liability policy with minimum limits of $ 1,000,000.001$1,000,000.00 for personal injury or death and $100,000.00 for property damage and lessor is to be named as additional insured therein. Lessee shall be responsible for insuring its inventory and equipment and lessor shall maintain its own hazard insurance on the building. 4) THE USAGE of the leases premises shall be limited to that of Ready Mix Concrete and shall not be used for any other purpose, lawful or unlawful, without the prior written consent of the lessor. 1 5) Lessor retains fishing right in the pond on the lands herein leased. 6) Lessee shall have the right to use water from the pond on the premises herein leased for its concrete business. 7) Lessee agrees not to pollute the pond water and to comply with all EPA regulations and -Wake County Health Department regulations. 8) Lessee agrees that it will not make the water in the said pond unsafe for animal 14 consumption. 9) Lessee agrees not to draw the water level of the said pond below the level necessary for fish to survive therein. I0) In the event lessors herein at anytime during the term of this lease decide to offer the leased premises herein for sale, that lessors will give to lessee the first refusal to purchase at the offered price. 1 11) At the end of the term of this lease, Lessee shall have the option to lease said premises from lessors upon the terms and conditions agreed upon at that time. 12) ASSIGNMENT OR SUBLETTING of the premises by the lessee shall not be permitted without the prior written approval of the lessor and if assignment subletting is made without said written consent, then lessee shall remain liable for all rents under the lease until the premises shall be leased again by the lessor to the lessee of his choice. 13) DELIVERY OF THE PREMISES back to the lessor shall be at the end of the term of this lease, or any extension thereof by lessor, and said premises shall be in as good condition as accepting by it, normal wear and tear excepted. TENANT further agrees to remove any and all concrete TENANT may place upon the demised premises and said removal shall occur within 30 days of TENANT vacating the demised premises. 14) RIGHT OF ENTRY is hereby retained by the lessor for the purpose of inspecting the premises. 15) FIXTURES AND EQUIPMENT place on the premises by the lessee shall he removed by the lessee at the termination of the lease and if not removed within days of the last day of the lease, shall become the properly of the lessor. 16) BANKRUPTCY of the lessee, jointly or severally, shall cause this lease to terminate, at the option of the lessor, and shall entitle the lessor to immediate possession of the premises. This lease shall also terminate in the even of receivership of the lessee that is not clear by the lessee within 30 days. 17) DEFAULT in the payment of any rent in excess of ten (10 days when the same shall come due shall entitle the lessor to declare the remainder of the term of the lease cancelled and shall also entitle the lessor to enter upon the premises and take possession thereof without prejudice to any other remedies available to him under the laws of North Carolina. Lessor agrees that lessee shall be notify in writing of his declaration of termination of the lease under this paragraph, which notice anq termination shall take effect immediately upon receipt by lessee of said written notice. 18) INDEMNITY is hereby made to lessor for any personal property place on the leased premises by the lessor or any other person and lessor shall not be liable for any damage or loss of said personal property. 19) The following improvements place on the land by lessee shall at the termination of this lease become the absolute property of lessor: a) buildings b) top soil c) gravel d) trees I e) all landscaping 20) Lessee agrees to comply with Wake County zoning ordinances. 21) All damage done to pond by lessee during the term of this lease shall be repaired by lessee at its expense. 22) Tenant agrees to reimburse Lessor for all assessments that may occur during any of the terms of this lease such as annexation by'the any municipality, any utility expense, any street improvements, sidewalks, acreage fees, impact fees, etc. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals to duplicate originals, a copy of which is retained by each party. .............................(SEAL) Deborah U. Brown, lessor ., .............................(SEAL) Clifford Brown, lessor Capital City Ready Mix, Inc. by ........................ President ATTEST: by ........................ Secretary NORTH CAROLINA COUNTY OF WAKE t, the undersigned notary public, do bcreby certify that Deborah U. Brown and Clifford Browu, each personally appeared before me this day and acknowledged the due execution of the foregoing instmment. Witness my hand and notary seal or stamp, this the 291h day of February 1996. Public My commission expires: NORTH CAROLINA COUNTY OF WAKE 1, the undersigned, a notary public, do hereby certify that ............................................. personally appeared before me this day and acknowkdgcd tbat ha is ( ) presidcnl of Capital City Ready Mix, lac., a NC corporation, and that by authority duly given and at the act of the corporation, the foregoing instrument was signed in its name of its( ) president, sealed with its corporate seal and +nested by its ( ) secretary. Witncsa my hand and notary seal, this day of March, 1996. notary public My commission expire: . The foregoing certificate of................................................................ . Notary public, is certified so be correct. Filed for registration and recorded in this Glace at the time and date in the book and page shown on the fire page hereof. Kenneth C. Wilkins, Register of Deeds by: AssistantIMputy Register of Deeds •' 1 yL',: AGREEMENT made effective July 1, 1997 between Capital City Concrete Service, Inc. ("Capital City Concrete"), as Tenant, and S.T. Wooten Corporation ("Wooten"), as Assignee, and consented to by Deborah U. Brown and Clifford Brown, as Landlord. Recitals WHEREAS, Capital City Concrete, as Tenant, was party to a lease agreement dated February 29, 1996 (the "Lease"), with Deborah U. Brown and husband, Clifford Brown, as Landlord. WHEREAS, Capital City Concrete possesses all right, title, and interest in and to the Lease, as tenant, and desires to sell, assign, and transfer the Lease to Assignee, and Assignee desires to sell, assign, and transfer the Lease to Assignee, and assignee desires to accept said sale, assignment, and transfer upon the terms and conditions hereinafter set forth. WHEREAS, so far as is known, Capital City Concrete and the Landlord have no claims or defenses one against the other by reason of said lease. Now, therefore, in consideration of the premises and of the mutual covenants herein set forth and for $10 and other good and valuable consideration, the receipt of which is acknowledged, it is agreed: 1. Assignment. Capital City Concrete hereby sells, assigns, and transfers to Assignee any and all of Capital City Concrete's right, title, and interest in and to the Lease. The foregoing sale, assignment, and transfer is made without any recourse whatsoever to Capital City Concrete and without any representation and warranties, express or implied, of any nature whatsoever. 2. Acceptance and indemnification. Assignee hereby accepts the foregoing sale, assignment, and transfer and promises to pay all rent and additional rent and to faithfully perform all other covenants, stipulations, agreements, and obligations under the Lease accruing on and after July 1, 1997, or otherwise attributable to the period commencing on said date and continuing thereafter, and Capital City Concrete shall be responsible for the period prior thereto subject to the provisions of the Management Agreement between Capital City Concrete and Wooten. Assignee shall indemnify and save Capital City Concrete harmless from any and all claims, demands, actions, causes of action, suits, proceedings, damages, liabilities and costs and expenses of every nature whatsoever (including attorney's fees) which relate to the Lease or the premises demised thereunder arising on or after July 1, 1997, and Assignor shall indemnify and save Assignee harmless from the same arising on or before July 1, 1997, subject to the provisions of the Management Agreement between Capital City Concrete and Wooten. 3. Xfodifrcation of lease. Capital City Concrete agrees that the Landlord and Assignee may change, modify, or amend the lease in any way, including the rental to be paid thereunder, and that further assignments may be made, without notice to or consent of Capital City Concrete. 4. Consent of landlord In consideration of the foregoing, the Landlord hereby consents to the assignment of the lease by Capital City Concrete to Assignee. By consenting to the assignment of the Lease, Landlord hereby expressly releases Capital City Concrete from the Lease and such release shall be deemed a waiver or relinquishment of.the performance of the provisions of the lease by Capital City Concrete after July 1, 1997. 5. Assignee's expenses. All taxes and other governmental charges and fees, including, without limitations, any and all transfer taxes, stamp taxes, sales taxes, and recording fees, relating to the transaction evidenced by this agreement shall be paid by Assignee. 6. Binding effect. This agreement shall be binding upon the successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, agreements, and other documents as may be necessary to evidence or carry out the provisions of this agreement. 7. Entire agreement. This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements between them. 8. Notices. All notices or other documents under this Agreement shall be in writing and delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at their last known addresses. 9. Non -waiver. No delay or failure by either party to exercise any right under this Agreement, and not partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 10. Headings.' Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 11. Governing law. This agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. I2. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the corporation has caused this Agreement to be signed in its corporate name by its president and its corporate seal to be hereto affixed and attested by its secretary this the day of , 1996. 2 TENANT: CAPITAL CITY CONCRETE SERVICE, INC. B /e 1 Y • � �C.� R. Wayne Bailey, President " ATTEST: ecretary ASSIGNEE: S.T. WOOTEN CORPORATION Y: ATTEST: , President Consented to by: LANDLORD Deborah U. B own, Landlord ' /�i wre, M' NPDES FACILITY AND PERMIT DATA 10/27/97 13:03:21 UPDATE OPTION TRXID 5NU KEY NCG14Q233 PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION FACILITY NAME> S.T, UOOTEN CORPORATION COUNTY> WAKE 05 ADDRESS, MAILING (REQUIRED) LOCATION (REQUIRED) STREET: P 0 BOX 2408 STREET: 5201 BERYL ROAD CITY: WILSON ST NC ZIP 27894 CITY: RALEIGH ST NC ZIP 27606 TELEPHONE 919 291 5165 DATE FEE PAID: 06/03/96 AMOUNT: 400,00 STATE CONTACT> LAU PERSON IN CHARGE GEORGE R. STRICKLAND 1=PROPOSED,2=EXIST,3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-NUN 2 LAT: 3547270 LONG: 07842500 N=NEW,M=MODIFICATION,R=REISSUE> N DATE APP RCVD 06/03/96 WASTELOAD REQS DATE STAFF REP REQS 06/26/96 WASTELOAD RCVD DATE STAFF REP RCVD 07/26/96 SCH TO ISSUE 06/23/96 DATE TO P NOTICE / / DATE DRAFT PREPARED 08/19/96 DATE OT AG CON REQS / / DATE DENIED DATE OT AG CON RCVD / / DATE RETURNED DATE TO EPA / / DATE ISSUED 08/23/96 ASSIGN/CHANGE PERMIT DATE FROM EPA / / EXPIRATION DATE 07/31/99 FEE CODE C 0 ) 1=(>10MGD),2=(>1MGD),3=(>O.1MGD),4=(<O.1MGD),5=SF,6=(GP25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 73 CONBILL C ) COMMENTS: FORMERLY "CAPITAL CITY READY MIXED CONCRETE SERVICE-PLT 1" MESSAGE: -- DATA MODIFIED SUCCESSFULLY *** St,te bf North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 23, 1996 Paul Hobson Capital City Ready Mix -Plant I P.O. Box 33787 Raleigh, NC 27606 Subject: General Permit No. NCG140000 Capital City Ready Mix -Plant 1 COC NCG 140233 Wake County Dear Paul Hobson : In accordance with your application for a stonnwater discharge permit received on June 3, 1996, 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 December 6, 1983. The stormwater permit you are receiving, NCG 140000, does not permit wasting concrete, dumping excess concrete, directly into storm sewer outfalls or into waters of the state. Any facility which either dumps excess concrete or washes excess concrete into storm sewers or waters of the state will be operating in direct violation to both the terms of this permit and the North Carolina General Statutes. Such a discharge shall be considered an illegal discharge and may subject the owner to enforcement actions in accordance with North Carolina General Statutes 143-215.6A If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management 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 Environmental Management 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 question concerning this permit, please contact MS. AISHA LAU at telephone number 919/ 733-5083, extension 578. Sincerely, g;- 3By Isi�aJLEY BLN"o - A. Preston Howard, Jr. P.E. cc: Raleigh Regional Office EPA P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG140000 CERTIFICATE OF COVERAGE No. NCGt40233 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, Capital City Ready Mixed Concrete Company is hereby authorized to discharge stormwater from a facility located at Capital City Ready Mixed Concrete Company - Fairgrounds, Plant #1 5201 Beryl Rd. Raleigh Wake County to receiving waters designated as an unnamed tributary to Simmons Branch, a class C. NSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III and IV of General Permit No. NCG 140000 as attached. This Certificate of Coverage shall become effective August 23, 1996. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 23, 1996. t" sC1C;it `.cq�iiW�I} €3Y I31�.�7LLY BEs�?�1E'i7 A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission W1 zoo V1� — -7� EST wis el F 00 CH 1v �16M .�, Y7,� CIOiI 2 WRI, 41 NIT' 41 2A> A tc"� 1 R? U. 1,c F. R C Y, U N tta'diur�' C— vVP Xy J?t" Gc�f T�,� i 171 t HE U,0 IV ISO; IF WKtX) 50 oil 3F IF e )VR POISON 1r Ml�i-111�t11M1 L• -�� y / � �/J• � \\C •����. / "� ��9¢ :,V � � � �``'�''_`/� R' li iS :,vv L77. t f• :�i-;/l, .} 11(\ �•� �.r { I /(1 � '\ �; `'-11'G / "��.�`�Sc L�.1' `\�� 1 �` �, i II �J /) }fir A4 .3k I IF Jr. 01I so hnso7i, FACILITY �� a Rel��X� l b�ZCre "r IrQ�r � r COUNTY Vv N PDES MAP # D DSN FLOW SUB BASIN LATTITUDE 3 � 0 � ?' aZ -` LONGITUDE % " ZI °� 1 S 0 RECEIVING STREAM r�— � I M J" VA S 5 rR h c/ STREAM CLASS DISCHARGE CLASS EXPIRATION DATE