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Certificate of Coverage Number NCG140233 is rescinded effective immediately.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-
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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
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