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CABARRUS COUNTY — GREENWAY WASTE SOLUTIONS <br />MEMORANDUM OF UNDERSTANDING <br />This Memorandum of Understanding (MOU) is between Cabarrus County, North Carolina, USA (the <br />"County") and Greenway Waste Solutions, LLC, a North Carolina limited liability corporation <br />( "Greenway "). It relates specifically to the h•ish Potato Road C &D Landfill located at 4441 Irish Potato <br />Road, Concord, North Carolina 28025 (the "Current Landfill "). <br />WHEREAS, the County is the permit holder, owner, and operator of the Current Landfill and the County <br />is losing money on the operation; <br />WHEREAS, the County desires a solution to keep the Current Landfill open while not being responsible <br />for operations, monitoring, and closure; <br />WHEREAS, Greenway is the owner and operator of five construction & demolition (C &D) landfills <br />throughout the Carolina's, one gypsum wallboard /sheetrock recycling operation, and one large scale <br />indoor C &D recycle center; <br />WHEREAS, the County and Greenway desire to enter into a public /private partnership to arrive at a <br />creative solution for the Current Landfill and to enhance the County's sustainability programs; <br />WHEREAS, Greenway desires to submit to NCDENR a permit application for an un -lined expansion of <br />the Current Landfill and to construct and operate a Class III Compost Facility; <br />WHEREAS, Greenway desires to enter into an Operating Agreement with the County if and only if <br />NCDENR accepts and approves Greenway and County's permit application (the "Permit ") for an un -lined <br />expansion of the Current Landfill (the "Expansion Area ") and agrees to maintain the County as the permit <br />holder; and <br />NOW THEREFORE, the County and Greenway agree to establish the parameters around the partnership, <br />and to clearly define the roles and responsibilities of both parties. Both the County and Greenway <br />mutually agree to the following: <br />1. Greenway will submit to NCDENR the Permit for the Expansion Area of the Current Landfill to <br />include approximately 17 acres with about 1.2 million cubic yards of airspace. <br />2. if NCDENR approves the Permit and recognizes the County as the permit holder, the County and <br />Greenway agree to the following: <br />a. The County will be the permit holder and owner and Greenway will be the operator of the <br />newly permitted C &D Landfill (the "Expansion "). <br />b. The County and Greenway will draft and execute an Operating Agreement. <br />c. Greenway agrees to pay all costs incurred during the Permit approval process. <br />d. Greenway will be responsible for any costs associated with post - closure care of the <br />Current Landfill including, closure costs, groundwater and methane monitoring, <br />stormwater sampling and monitoring, and continual monitoring costs. <br />e. Greenway will save the County approximately $5.4 Million over a 30 -year period in <br />closure costs, continual monitoring costs, continual closure costs, and operating costs. <br />f. The County will be responsible for costs associated with the Current Landfill including, <br />any additional assessment or active groundwater remediation required by NCDENR, any <br />intermediate and closure cover material for operation and closure of the Current Landfill. <br />Memorandum of Understanding — Cabarrus County, NC & Greenway Waste Solutions Attachment number 1 <br />G -3 Page 197 <br />