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HomeMy WebLinkAboutNC0001376_additional information requested_20000725State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director July 25, 2000 Mr. John Elmore Riverplace Il, LLC P.O. Box 10848 Raleigh, North Carolina 27605 F?W'A - A141,0 A00--ft-W..0 6, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit modification request Permit NC0001376 Wake County Dear Mr. Elmore: The Division received your request to modify the subject permit on November 19, 1999. In order to transfer ownership of permit NC0001376, the Division needs information on the type and volume of wastewater to be discharged at this facility. The current permit is for a textile -manufacturing discharge and includes effluent limitations & monitoring requirements appropriate for that type of discharge. In order to reissue the permit, the Division must develop new permit conditions for Riverplace II, tailored to the new activities planned for the facility. Many parameters in the current permit will not be required if you do not plan to manufacture textiles. Please submit: A complete description of the planned activities (manufacturing, warehousing, office leasing, etc.) that you plan for this facility, including the amounts and characteristics of wastewater each activity will produce. A wastewater flow schematic. Describe the existing (installed) components and any planned modifications to the treatment process. If you have any questions about the NPDES permitting process, contact me at the telephone number or address listed at the bottom of the previous page. Sincerely, David A. Goodrich NPDES Unit Supervisor cc: NPDES File Raleigh Regional Office / Tim Baldwin Point Source Compliance and Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083, ext. 517 FAX (919) 733-0719 VISIT US ON THE INTERNET@ http://h2o.enr.state.nc.us/NPDES Dave.Goodrich@ncmail.net Re:, Burlington Industries/ Riverplace Subject: Re: Burlington Industries/ Riverplace Date: Thu, 13 Jan 2000 16:33:39 -0500 From: Dave Goodrich <dave. goodrich@ncmail. net> To: Mike Templeton <mike.tempieton@ncmail.net>, Charles Weaver <Charles.Weaver@ncmail.net> CC: Bill Reid <Bill.Reid@ncmai1.net> Thanks, Mike. I'm still in a bit of a confused state about how we should treat this load transfer as a "third party". I'll mention it to Jill when I talk with her about the Neuse position paper. Mike Templeton wrote: > Steve Levitas called today with some questions about the Neuse rules > While we were on the phone, I asked him about the allocation issue at > Burlington Industries. He said that they looked at allocation options > when they were negotiating the sale to Riverplace, so all parties are > aware of the issue. (Craig Bromby represented the buyers.) There will be > a discharge from the property, but it won't be much of one. Everyone > figured that Riverplace would either purchase some allocation (maybe get > some back from Raleigh) or would hook up to Raleigh; either way, the > folks at Riverplace know they have no allocation and that they need to > take action before Jan 03. They hope to be able to get a permit in the > meantime, even if it says 'no discharge after 1213110.3 without an > allocation, ' He will talk with Bromby about it. > He said they would appreciate getting the name change processed, so they > don't continue to get mail as owner of the property. I mentioned all > this to Charles, so he may go ahead with the name change and re -draft > the response to Riverplace s application. > SL would also like to come in and share some of his ideas about the > trading program. For instance, he mentioned that there needs to be a > clear means of identifying each discharger's allocation, also, the rule > needs to be more specific about how the process will work. He will call > you or Coleen to arrange a meeting. 1 of 1 1/14/00 6:52 AM Burlington Industries/ Riverplace Subj$ct: Burlington Industries/ Riverplace Date: Thu, 13 Jan 2000 15:56:25 -0500 From: Mike Templeton <mike.templeton @ ncmail.net> To: Dave Goodrich <Dave.Goodrich @ ncmail.net>, Charles Weaver <Charles.Weaver@ncmail.net> BCC: Mike Templeton <Mike.Templeton@ncmail.net> Steve Levitas called today with some questions about the Neuse rules. While we were on the phone, I asked him about the allocation issue at Burlington Industries. He said that they looked at allocation options when they were negotiating the sale to Riverplace, so all parties are aware of the issue. (Craig Bromby represented the buyers.) There will be a discharge from the property, but it won't be much of one. Everyone figured that Riverplace would either purchase some allocation (maybe get some back from Raleigh) or would hook up to Raleigh; either way, the folks at Riverplace know they have no allocation and that they need to take action before Jan 03. They hope to be able to get a permit in the meantime, even if it says 'no discharge after 12/31/03 without an allocation.' He will talk with Bromby about it. He said they would appreciate getting the name change processed, so they don't continue to get mail as owner of the property. I mentioned all this to Charles, so he may go ahead with the name change and re -draft the response to Riverplace's application. SL would also like to come in and share some of his ideas about the trading program. For instance, he mentioned that there needs to be a clear means of identifying each discharger's allocation; also, the rule needs to be more specific about how the process will work. He will call you or Coleen to arrange a meeting. 1 of 1 12/7/00 2:38 PM NCO001376 - Burlington Industries plant Subject: NC0001376 - Burlington Industries plant ' Date: Tue, 23 Nov 1999 08:21:07 -0500 From: Charles Weaver <charles.weaver@ncmail.net> To: Tim Baldwin <Tim.Baldwin@ncmail.net>��✓ CC: Mike Templeton < Mike.Templeton@ncmail. net> C�-�-� Tim, we exchanged e-mail on this site long ago (3-30-99). At that time, �r1 �_ / A / we agreed to revisit your inspection of the site if a new owner wasI"c designated. Well, a new owner (Riverplace II, LLC) applied for an ownership change last week. There is one obstacle, and it's considerable. In August, Burlington transferred all of the nitrogen allocation for the facility to the City �` I�A _ 1 of Raleigh. Thus, permit NC0001376 has NO nitrogen allocation and can't discharge any nutrient -bearing wastewater until a new nitrogen allocation has been acquired. ) tom' In order to assign Riverplace a new nitrogen allocation, we need to know what their plans for the site are. What type of wastewater do they plan to discharge, and how much flow will they require? (� d Kill �° � jib �vrl The attached letter is a DRAFT of our (first) response to the ownership MAL l'' f change request. I'm having Mike Templeton review it before I send it out. I didn't address the Neuse/nitrogen issue in this letter. I ` don't want to hit these folks with too much at once. That issue will CkaASr come up once we know how much nitrogen they need. We must first determine what their plans and needs are. We'll need two things from you: The inspection report from your site visit earlier this year. We need to know what the condition of the existing WWTP is, and what holding capacity is available until this issue is resolved. (You can send me a copy electronically and follow it with a hard copy later.) Input on the options for wastewater disposal at the site. Once the nitrogen allocation is determined, the new owners will likely need to do an EAA. Please share any concerns the RRO has about this site, along with any recommended changes to the permit. Thanks for your help with this. These people will likely be very unhappy with us for some time.... CHW Name: 01376add.doc 01376add.doc Type: Microsoft Word Document (application/msword, :Encoding: base64 dell ''r� .Sl.!/V�C•-' G�J✓�GC� � ��� �i(f �7� .r���' /k J �er r � � //CTL/ !.�/Hc r— G-'�lr � C�c- � / •--ate` �J i `� U rs ., �.r� c �U Gt•G � r �' G1.1�"! � � �' !i►rl.S G` ram' `SV /. ��1[�/` �J� 1 of 1v��Y 11 30 99 8:01 AM A/to fff9 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: NC00 0 / 1 / 3 / 7 / 6 1. Permit holder's name: BURLINGTON INDUSTRIES, INC. 2. Permit's signing official's name and title: Ter L. Fripp (Person legally responsible for permit) Director of Corporate Engineering (Title) 3. Mailing address: 3330 W. Friendly Avenue City: Greensboro State: NC Zip Code: 27410 Phone: (336) 379-2000 E-mail address:. Fripp.Terry(5�Burlington.com NEW OWNER/NAME INFORMATION: 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): 2. New owner's name (name to be put on permit): RIVERPLACE II, L.L.C. 3. New owner's or signing official's name and title: JOHN ELMORE (Person legally responsible for permit) MANAGING MEMBER (Title) P. O. Box 49688 1084 c( 4. Mailing address: 301 N. Boylan Avenue State: NC Zip Code: 27605 E-mail address: City: Raleigh Phone: ( 19) 438-84t84 755-9008 1617 Mail Service Center, Raleigh, North Carolina 276991617 An Equal Opportunity Affirmative Action Employer Telephone (919) 733-5083 FAX (919) 733-0719 50% recycled / 10% post -consumer paper PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) For changes of ownership, this form must be completed and signed by both the current permit holder and the new owner of the facility. For name change only, the current permit holder must complete and sign the Applicant's Certification. Current Permittee's Certification: I,� Terry L. Fripp , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: l( Date: c!- 4' - S Applicant's Certi ication: I, John Elmore , 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 and attachments are not included, this application package vill) returned as incomplete._----, Sign E COMP Date. - L-J,J1 ED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWQ NPDES Unit 1617 11i'lail Service Center Raleigh, North Carolina 27699-1617 Version 9-97 rtt()M bUhL1NG'CON INDUSTRIES _. ... L9Juu4 1- 7. 23' 99 A ; 25/3T• 5: 2�,c✓ 465`45 P 2 I�LiTP PreDwed by Randall A. Mcnson IPA � CORPORATION GENERAL WARRANTY DEED - VPCI L )-T STATE OF NORTH CAROLINA COUNTY OF WAKE I� 3rj THIS DEED, made this the 2,Rd day of August, 1999 by BURLINGTON INDUSTRIES, INC. ( subsequent in interest to Burlington Mills Corporation ), a Delaware corporation with corporate offices at 3330 West Friendly Avenue, Greensboro, Guilford County, North Carolina 27410 ("Grantor" ) to RIVERPLACE, L. L. C. , a North Carolina limited liability company, c/o Bennett Kesler, 7200 Stonehedge Drive, Raleigh, Wake County, North Carolina 27613 ("Grantee" ). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, three tracts of land with all improvements thereon appurtenant ( the " premises " ) in the Wake Forest Township, County of Wake , State of North Carolina, situated and More particularly described as follows: All recorded documents referenced in this Deed are found in the office of the Register of Deeds for Wake County, North Carolina ) 1 Ui,&:Ji.1a CAI iu.JJ rna 51414JV44J rit�M KLINGTON IiVD'USTAIES bxUU1SJ r1hx(1r, L9005 (FRI) 7. 23' 99 8:26/ST, 8;25/iNO. 4H62265145 P 3 First Tact (Plant Site, P/O Wake County TM 285- 00000- 003 ): A certain tract being bound on the East by the westerly right-of-way line of U,S. Highway 1 (having a variable right-of-way width); on the South by the lands of the Grantor, Burlington Industries, Inc.; on the West by the centerline of the CSX Railroad ( formally the Seaboard Air Line Railroad Company, having a right-cf- way width of 80 feet); and on the North by the Byme property N/F, the Beltline Associates property N/F and Lots 8 through 16 and south right of way line of Circle Drive as shown on the Subdivision Map recorded in Book of 1965, page 6; and being more particularly described as follows: BEGINNING at an old corner being the point of intersection of the southerly right -of --way line of Circle Drive and the westerly right-of-way line of U.S. Highway 1, also being a comer of Lot 17, Book of Maps 1965, page 6, in the westerly right-of-way line of US Highway 1( also know as Capital Blvd. ); thence South 33 degrees 25' 24" West along said westerly right-of-way line as established 1874.40 feet to a new comer in said westerly right-of-way line of US Highway 1, said new comer being located South 33 degrees 25' 24" West along said right-of-way line 550.0 feet from the centerline of the main plant facility drive at its intersection with the right -of way line; thence North 56 degrees 34' 36" West, along a new division line, 238.90 feet to a new corner being the point of intersection with a line always parallel to and 240.0 feet south of the south face of the main plant building: thence South 74 degrees 25' 22" West, along said parallel line and a new division line, 304.46 feet to a new corner being the point of intersection with a line being the centerline projection of that facility maintenance road west of the most westerly aeration basin of the Waste Treatment Facility; thence South 42 degrees 56' 49' West, along said centerline projection and a new division line, 622.26leet to a new corner, thence North 74 degrees 25' 54" West, along a new division line passing no closer than 10 feet from the most northerly comer of the waste treatment facility Sludge Drying Beds, 506.66 feet to a new corner in the westerly right-of-way for CSX Railroad ( formerly Seaboard Airline Railroad, having e claimed right- of- way width of 80 feet ), thence South 15 degrees 34' 06' West along said right- of - way line 920.66 feet to an iron pin on the Northam bank of the Neuse River, said iron pin being in a southern line of Grantor; thence North 64 degrees 08' 32" West, along said southern line, 40.65 feet to a point in the centerline of CSX Railroad, the southwest comer of Grantor, thence along the centerline of the CSX Railroad and the westerly line of Grantor the following seven ( 7 ) courses; (1) North 15 degrees 34' 06" East 1901.77 feet, (2) North 15 degrees 35' 44" East 882.44 feet, (3) North 15 degrees 44' 46" East 199.47 feet, (4) a curve to the right having a Radius of 5009,71 feet, A Length of 186.97 feet, and a Chord of North 16 degrees 41' 07" East 186.88 feet, (5) a curve to the right having a Radius of 1950.79 feet, A Length OF 317.05 feet, and a chord of North 22 degrees 16' 53" East 316.70 feet, (6) a curve to the right having a Radius 1907.09 feet, A Length OF 839.77 feet, and a Chord of 2 u I i f:J/ 14 rnl 10. 00 rAA 414140VLLJ bxuuhb rihxcE L& 006 FROM BURLINGTON 1NDUSTgiES (FRI) 7, 28' 99 8;26/ST, 8;25/N0. 4862265145 P 4 North 39 degrees 41' 00" East 833.01 feet, and (7) a curve to the right having a Radius of 1879.71 feet, A Length OF 518.34 feet, and a chord of North 60 degrees 11' 39" East 516.70 feet to a point on the centerline of the CSX Railroad, an old corner being the most northern comer of Lot No, 1 as shown on a map dated September 8, 1913, entitled " Map of Mantle A. Dunn Land a, and recorded in Book of Maps 1811, _ . page 96, the northwestern corner of Grantor, Thence South 29 degrees 03' East along a northerly line of Grantor and the line of the Byrne property N/F, passing through existing iron pipes on line at 40.32 feet and 99.34 feet for a total distance of 456.25 feet to an old comer being the most northern comer of a parcel conveyed to Beltline Associates by Deed dated May 13, 1888, and recorded in Deed Book 4261, page 903; thence South 16 degrees 19' 29" west along the westerly line of Beltline Associates N!F 522.81 feet to an old corner being the most northern comer of Lot 8 as shown on a map dated Jan. 1995, entitled "Property of Burlington Industries, Inc_ @ Wake Finishing Co. Plant", and recorded in Book of Maps 1966, page 6; thence along the westerly and southerly lines of Lots 8 thru 16, all inclusive and the additional small parcels conveyed with Lots 9 and 12, the following thirteen (13) courses: (1) South 54 degrees 14' 43' West 224.49 feet to an old corner, (2) South 12 degrees 40' 43" west 123.91 feet to an old comer, (3) North 77 degrees 25' 46" West 30.0 feet to an old corner, (4) South 12 degrees 34' 14" best 111.42 feet to an old comer, (5) South 29 degrees 05' 46" East 21.42 feet to an old comer, (6) North 60 degrees S4' 14' East 30.0 feet to an old comer, (7) South 29 degrees 05' 43" East 214.07 feet to an old corner, (8) South 70 degrees 32' East 149.25 feet to an old corner, (9) forth 83 degrees 37' 22" East crossing Neuse Avenue 55.33 feet to an old corner, (10) South 19 degrees 24' 14" West 82.45 feet to an old corner, (11) South 56 degrees 35' 46" East 93.71 feet to an old corner, (12) North 33 degrees 24' 14" East 130.0 feet to an old comer, and (13) South 56 degrees 35' 46" East 400.0 feet to an old corner being the most southern comer of Lot 16; thence along the southeasterly line of Lot 16 North 33 degrees 26' 41" East 209.96 feet to an old corner in the southerly right-of-way line of Circle Drive (having a right-of-way width of 60 feet); thence southeasterly along said right-of-way line South 56 degrees 33' 26" East along said right- of- way line 77.62 feet to an old corner marking the "sight distance set -back" for the Intersection of Circle Drive with U. S. Highway 1; thence South 06 degrees 24' 05" East along said "sight distance set -back" 65.44 feet to the westerly right-of-way line of U. S. Highway 1 and the point of BEGINNING, containing 99.498 acres +. Also being shown as Lot 1 on a map entitled " final plat Subdivision property of Burlington Industries, Inc. " dated 7- 25- 97, revised 5- 13- 99 by S. D. Puckett Assoc, Inc. of Durham, NC; recorded in Book of Maps page 3 U,/-./0o 47,0i iV-UU ylylfJULLJ DKUUA3 rltAuh 9007 FROM BURLINGTON INDUSTRIES (FRI) 7. 23' 99 8:27/ST, 8:25/N0, 4862265145 P 5 The Fib Tract being a portion of the lands acquired by Burlington Mills Corporation (name changed to Burlington Industries, Inca by Deed dated April 30, 1945 and recorded in Deed Book 921, page 213. THERE is Reserved and g cepted from the First Tract a parcel containing 1.231 Acres, being more particularly described as follows; Commencing on the sixth ( 6 ) comer as described in the First Tract above; thence North 15 degrees 34' 06' East along the eastern right- of - way line of the CSX Railroad, 988.37 feet to a corner in said right- of - way; thence North 15 degrees 35' 44" East continuing along said right- of- way line 285.79 feet to the point of BEGINNING being the southwest corner of the parcel to be retained; thence North 15 degrees 39' 44" East along said right- of- way line 314L67 feet to the northwest corner of the parcel; thence South 67 degrees 14' 37" East along a new division line 213.39 feet to the northeast comer of the parcel; thence South 07 degrees 48' 03" West along a new division line 181.64 feet to the southeast comer of the parcel; thence along the southern line of the parcel the following three ( 3 ) courses: ( 1 ) North 89 degrees 43' 29" West 162.43 feet, ( 2 ) South 48 degrees 05' 16" West 72.55 feet, and ( 3 ) North 74 degrees 24' 15" West 40 72 feet to the point of BEGINNING. Also being shown as Lot 3 on a map entitled " final plat Subdivision property of Burlington Industries, Inc. ' dated 7- 25- 97, revised 5- 13- 99 by S. D_ Puckett Assoc. Inc. of Durham, NC; recorded in Book of Maps page There is also reserved a 20 feet wide access easement for ingress and egress from US Highway 1 to said parcel along a route location acceptable to both Grantor and Grantee. For the mutual benefit of both parties in their operation of the Raw Water Treatment Facility ( "RW'TF", conveyed as a part of the First Tract) and the Waste Water Treatment Facility ( "WWTF", to be retained by 9urfington Industries, Inc_ ), the parties agree for themselves, their successors or assigns to the following easements, access rights -of -way and obligations: 1. An easement 25 feet in width, being 12.5 feet on either side of the existing centerline of the electrical utility line crossing the WVV TF as it runs from the main plant building to the Raw Water Pump Station located on the south bank of the Neuse River, for the purpose of access for maintenance or replacement. 2. An easement 40 feet in width, being 20 feet on either side of the existing centerline of the existing 160 raw water line as it crosses the V4WTF from the Raw Water Pump Station on the south bank of the Neuse 4 v 1 / -Ji i'J0 1 1. 1 l . . UU 1'A 0101 -1JU4 4 DAUUAO rizAi.i. 41008 FROM BURLINGTON INDUSTRIES (FRI) 7.23'44 8;27/S7. 8:25/NO.4862265145 P 6 River to the Raw Water Treatment Facility , for the purpose of access for maintenance or replacement. 3. An easement 20 feet in with, being 10 feet on either side of the centerline of the Maintenance Drives crossing the WVVTF, for the purpose of access to the three Alum Sludge Ponds which are a part of the Raw Water Treatment Facility. 4. An easement 20 feet in width, being 10 feet on either slde of all Sanitary Waste pipelines, all Stormwater Sewer pipelines, all Alum Backwash Basins discharge pipelines and all electrical utility lines running from the Fi s� t Trait and crossing the WVV7F, for the purpose of maintenance or replacement. 5. The right given to the owner of the First Tract to continue to deposit sanitary waste water, storm water and alum backwash basins discharge Into the WVVTF until such time as said water can be diverted into a municipal system. 6. An access easement along the existing paved travelways or drives leading from US Highway 1 to the RWTF or, WWTF and the agreement to share on a 50/50 basis all costs related to the maintenance of all shared paved travelways or drives. 7. All other easements, access rights -of -ways and agreements necessary to the operation of the RVVTF and WVV7F. Second Tract ( Water intake station site, lying south of the Neuse River; PIO Wake County TM 285- 00000- 003 ) A certain tract being bound on the North by the Neuse River, on the East and South by the lands of E. T. Yost N/F, and on the West by the westerly right-of- way line of the CSX Rail Road ( formally the Seaboard Airline Railroad Company, having a claimed right-ef-way width of 80 feet ); and being more particularly described as follows: BEGINNING at an old comer being in the easterly right-af-way line and 75 feet from the centerline of the Seaboard Airline Railroad Company and being the northwesterly corner of a tract conveyed by Burlington Mills Corporation to E. T. Yost by Deed dated December 29, 1947 and recorded in Deed Book 984, page 106; thence North 17 degrees 45' East along the easterly right-of-way of the Railroad 401.25 feet to an old comer on the bank of. the Neuse River; thence South 62 degrees 43' East along the Bank of the River 109.59 feet to an old corner of E. T. Yost Property N/F; thence along the line of E. T. Yost Property NIF the following three (3) courses: (1) South 38 degrees 22' West 104.4 feet to an old comer, (2) South 09 degrees 30' West 287.50 -feet to an old comer, and (3) North 72 degrees 15' West 112.6 feet to the point of Beginning. U, i l..J/ 04 rl%l lU . J / rAA d1d / 4JULLJ r�nUM bUh11jAQT'1'0 INDT)STkIES bKUUAS V!hRCE 1J 009 (kI) 7. 23' 99 8:27/ST. 8:25/NO, 4862265145 P 7 1. A portion of the tract conveyed to Burlington Mills Corporation (name changed to Burlington industries, Inc.) by Seaboard Air Line Railroad Company by Deed dated August 18. 1947 and recorded in Deed Book 981, page 90, 2. A triangular strip of land conveyed to Burlington Mills Corporation (name changed to Burlington Industries, Inc.) by E. T. Yost by Deed dated August 5, 1947 and recorded in Deed Book 977, page 171, The Second Tract is also shown as that certain tract labeled as I-B-F-G-H-1 on a map darted August 11, 1947, entitled "Map Showing Property of Burlington Mills Corporation - Neuse, North Carolina", and recorded in Book of Maps 1947, page 65. Third Tract ( Surplus Tract, lying East of U_ S_ Highway 1; P/0-Wake County P/O Wake County TM 285- 00000- 003 ): A certain tract being bound on the East by the Flowers property N/F, on the South by the Neuse River, on the West by the easterly right-of-way of U_ S. Highway 1 (having a variable right-of-way width), and on the forth by Index Associates N/F and Carolina Capital Ventures N/F; and being more particularly described as follows: BEING all of Lot 3 as shown on a map dated November 17, 1992, entitled "Survey for Burlington Industries, Inc. & Index Associates', as recorded in Book of Maps 1993, page 478 containing 46.076 Acres, more or less. Grantor also conveys all of its right, title, interest and responsibility to that certain Road Maintenance Agreement recorded in Deed Book 5585, page 32. THERE is Reserved and Excepted from The Third Tract a parcel containing 4.641 Acres + being a northern portion of the aforementioned Lot 3 and described as follows: BEGINNING at the most eastern corner of Lot 3 as shown in Book of Maps 1993, page 478; thence South 08' 38' 14" West along the easterly line of Lot 3, 452.10 feet to a new corner, thence North 81" 22' 42" West along a new Division line of Lot 3, 608.70 feet to a new comer in the easterly line of Lot 2 as shown in aforesaid Book of Maps 1993, page 478; thence North 33' 23' 40" East along the easterly line of Lot 2 and Lot 1, 335.88 feet to an old corner being the most northern corner of Lot 3; thence South 81' 21' 46" East along the northerly line of Lot 3, 450.00 feet to the point of Beginning. Also being shown as Lot 4 on a map entitled " Final Plat Subdivision for Property of Burlington Industries, Inc." dated 5- 10- 99 by S. D_ Puckett & Assoc. Inc. of Durham, NC; recorded in Book of Maps , page 6 u i , ,:J/ 0,1 rnl 10: 0 J rA.& Jilt r 4JuCGs BROOKS PIERCE Z 010 ,,RGIt BURLINGTON INDUSTRIES (FRI) 7. 23' 99 8;28/ST. 8;25A0, 4862265145 F 8 There is also reserved an access right of way, 30 feat wide along Index Drive ( a private road ) as shown on the beforementioned Book of Maps 1993, page 478. The Third Tract being a portion of the lands acquired by Burlington Mills Corporation (name changed to Burlington Industries, inc.)' by Deed dated April 30. 1945 and recorded in Deed Book 921, page 213. The three tracts of land and all improvements thereon appurtenant described above are conveyed subject to all covenants, restrictions, and easements of record: rights -of -way and easements for streets and utilities, and railroads, if any applicable to said property; all easements, restrictions and rights -of -way as may be apparent from a visual inspection of the property; and zoning ordinances and building restrictions of the Town of Wake Forest, County of Wake and cad valorem taxes not due and payable as of the date of closing or for the year 1999_ TO HAVE AND TO HOLD the aforesaid tract of land, together with all privileges and appurtenances thereunto belonging or In any wise appertaining unto the Grantee, its successors and assigns, in fee simple forever. AND the said Grantor for itself, Its Successors and Assigns does by these presents, covenant with the said Grantee, its successors and Assigns. that the said Grantor is seized of said premises in fee simple and has the right to convey the same In fee simple; that said premises are free and clear from all encumbrances ( with the exceptions above stated ); and that, subject to such exceptions, if any, it will warrant and defend the said title to the premises against the lawful claims of all persons or entities whomsoever. UI, AJi 44 rr.1 lU.J/ C11A 41414ouzzO rnu�yt I3u:S:,11V1r1UP{ 1,vUu�tttI�s bhUWhJ (FRI) r'lhxf( h 7. 23' 99 iAIa�l 8;28/ST, 8:25A0. 4862265145 P 9 IN WITNESS WHEREOF, by authority duly given and as the act of the Corporation, the undersigned officers have executed this Instrument on behalf of the Corporation, as authorized by its Board of Directors, the date and year first above written. ( Corporate Seal) ATTEST: By: Assistant Secretary BURLINGTON INDUSTRIES, INC. By: Senior Vice President ******** *******w s U i i :;Ji :)t9 rnl lU . J ! rAA bib / 4JULLJ rnuyn D�I�LiaYlrlV1V uyllu�t:t1�5 }}j{1Juhi ) PIERCE fig 012 (FRI) 7. 23' 99 8:28/ST. 8:25/N0, 4862265145 P ja STATE OF NORTH CAROLINA COUNTY OF GUILFORD 1' , a Notary Public, do hereby certify that personally came before me this day and acknowledged that he is Assistant Secretary of Burlington Industries, Inc., and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Senior Vice President, sealed with Its corporate seal, and attested by himself as its Assistant Secretary. Witness my hand and official seal, this 2nd day of August, 1999. ( NOTARY SEAL) Notary Public My commission expires The foregoing certificate of is certified to be correct. This instrument and this certificate are duly registered this day of Page 1999 at AM/PM, Book Register of Deeds Wake County By: Deputy/Assistant Register of Deeds 9 :Vnvre�DUliL1J1GCuJvv1NUU6Th1E6 I, 3VViiN DAUUAJ r1Gnua L6013 (FRI) 7. 23' 99 8: 28/STT, 8 ; 25AC, 4862255i 45 F I I YrepWod Dy Randag A. Hamon CORPORATION GENERAL WARRANTY DEED wwrP STATE OF NORTH CAROLINA COUNTY OF WAKE THIS DEED, made this the 2nd day of August, 1999 by BURLINGTON INDUSTRIES, INC. ( subsequent in interest to Burlington Mulls Corporation ), Q Delaware corporation with corporate offices at 3330 West Friendly avenue, Greensboro, Guilford County, North Carolina 27410 ("Grantor" ) to RIVERPLACE, L. L. C. , a North Carolina limited liability company, c/o Bennett Kesler, 7200 Stonehedge Drive, Raleigh, Wake County. North Carolina 27613 ("Grantee" J. WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, three tracts of land with all improvements thereon appurtenant ( the " premises " ) In the Wake Forest Township, County of Wake , State of North Carolina, situated and more particularly described as follows: ( All recorded documents referenced in this Deed are found in the office of the Register of Deeds for Wake County, North Carolina ) 1 u r i GJi 40 rAl 10: J6 rAA ylb! 4JULLJ bhUUAS rihX(:h 4014 FROM BURLINGTON INDUSTRIES (FRI) 7.23'99 8:28/ST. 8.25/N0,4862265145 P 12 Being a Tract of land with all improvements thereon appurtenant to the Waste Water Treatment Facility, bound on the East by US Highway 1, on the South by the Meuse River, on the West by the CSX Railroad and on the North by the lands of the Grantee, situated and more particularly described as follows Beginning at Point, being a new comer in the westerly right-of-way line of US Highway 1( also known as Captial Blvd, ), said corner being South 33 degrees 25' 24" West along said right-of-way line 550.0 feet from the centerline of the maim plant facility drive at its intersection with the right- of-way line; thence North 56 degrees 34' 36" West, along a new division line, 238.90 feet to a new comer, thence North 74 degrees 25' 22" West, along a new division line, 304.46 feet to a new comer, thence South 42 degrees 56' 49" West, along a new division line., 622.28 feet to a new comer; thence North 74 degrees 25' 54" West, along a new division line, - 506.66 feet to a new corner in the easterly right - of - way line of CSX Railroad ( formerly Seaboard Airline Railroad); thence South 15 degrees 34' 06' West, along said right - of - way line, 920.00 feet to a new comer on the northerly bank of the Neuse River; thence South 64 degrees 08' 32` East, along the northerly bank of the river, 320.49 feet to anew comer; thence South 71 degrees 03' 35" East, continuing along the northerly bank of the river, 513.26 feet to a new comer in the westerly right - of - way line of US Highway 1; thence North 33 degrees 25' 24" East, along said right-of-way line 693.31 feet to an old corner, thence North 39 degrees 54' 15" East, along said right-of-way line, 150.52 feet to an old comer; thence North 33 degrees 25' 24" East, along said right- of-way line, 726.24 feet to the Point of Beginning. Also being shown as Lot 2 an a map entitled " final plat Subdivision property of Burlington Industries, Inc. " dated 7- 25- 97, revised 5- 13- 99 by S. D. Puckett Assoc. Inc. of Durham, NC; recorded in Book of Maps Page Said Waste Treatment Facility Tract being a portion of the lands acquired by Burlington Mills Corporation ( named changed to Burlington Industries, Inc. ) by Deed dated April 30, 1945 and recorded in Deed Book 921, page 213 of the Wake County Registry. .,, ., _ -X O.La l DAUUAa ric.n�lG l6 015 MM �UHL1NGTON ENDUSTRIES (FRI) 7. 23' 99 6:29/ST. 8:25/12. 4H2265145 P 13 The Tract of land and all improvements thereon described above are conveyed subject to all covenants, restrictions, and easements of record; and rights -of -way and easements for streets and utilities, and railroads, if any applicable to said property; all easements, restrictions and rights -of -way as may be apparent from a visual inspection of the property; and zoning ordinances and building restrictions of the City of Raleigh or Town of Wake Forest and County of Wake and ad vo gTpM taxes not due and payable as of the date of conveyance or for the year 1999. TO HAVE AND TO HOLD the aforesaid tract of land, together with all privileges and appurtenances thereunto belonging or In any wise appertaining unto the Grantee, its successors and assigns, in fee simple forever. AND the said Grantor for its Successors and Assigns does by these presents, covenant with the said Grantee, its successors and Assigns, that the said Grantor is seized of said premises in fee simple and has the right to convey the some in fee simple; that said premises are free and clear from all encumbrances ( with the exceptions above stated ); and that, subject to such exceptions, if any, it will warrant and defend the said title to the premises against the lawful claims of all persons or entities whomsoever. 3 V,. ". / as rni LU-00 rAA bAUUKS PIERCE Z016 FROM BURLINGTON INDUSTRIES (FAI) 7.23'99 8;29/ST, 8:25/ND.4862265I45 P 14 IN WITNESS WHEREOF, by authority duly given and as the act of the Corporation, the undersigned officers have executed this instrument on behalf of the Corporation, as authorized by its Board of Directors, the date and year first above written. ( Corporate Seal ) ATTEST: BY= Assistant Secretary BURLINGTON INDUSTRIES, INC. By: Senior Vice President 4 u I i cil as rAl 10: J2f rAA blb r 4ju;LZO MOM 512LINGTON INDUSTRIES BROUAS PIERCE 16017 (FRI) 7,25'99 8:29/ST, 8:25/1K 4862265145 P 15 STATE OF NORTH CAROLINA COUNTY OF GUILFORD I' a Natary Public, do hereby certify that personally came before me this day and acknowledged that he is Assistant Secretary of Burlington Industries, inc., and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its Senior Vice President, sealed with its corporate seal, and attested by himself as its Assistant Secretary. Witness my hand and official seal, this 2nd day of August, 1999. ( NOTARY SEAL) Notary Public My commission expires The foregoing certificate of is certified to be correct. This instrument and this certificate are duly registered this day of Page 1999 at AM/PM, Book Register of Deeds Wake County 1.0 Deputy/Assistant Register of Deeds 5 08&20/99 FRI 09:40 FAUK 9197430225 BROOIiS PIERCE 2001 FAX ANSI SSION CO Brooks, Pierce cLendon, ,'um hrey & Leonard, L.L. P- Street Address; First Unljon Capitol Center Mailing Address: Post Office $ox 1300 Suit* 1600 P41olgh, North Carolina 27602 iso Fayett*villc Street Mall Phone' (919) 839-0300 Meigh, North Carolina 27601 Fax. (919) 839.0304 Date: To: 5 m LG� If From. Fax N0. FaxNo. Fxx NO - i✓axNo. YaU SHOULD RECEIVE �` PAGEM, INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL K AT (919) 839-0300. hffSSAG£: 'Iho infot:aation coataitYed in this fax transmittal is privileged and confidential istteaded far G a ssa aaly. 1f yot. are steiu� u the intended rCo3pieat nor the cmp10yee ar agent nspotujble for delivering this message to the intetldcd recipient, any d3sclos= of this Snfam.Won b nay w! or miring of say adios in reliance on this rolmbited. If You have re= vad this fax in crror,'glease notify the person tra�nsstYitiLag e istfarmatioa is strictly p Y inform It%0a ira-aediately. 08/.20/99 FRI 09:40 FAX 9197430225 BROOHS PIERCE 0 002 DEED OF GIFT THIS DEED OF GIFT (the "Deed") is made and given this the day of August, 1999, by BURLINGTON INDLTSTRIES, INC., a Delaware corporation ("Burlington"), to THE CITY OF RALEIGH, NORTH CAROLINA, a North Carolina municipality (the "City"). WHEREAS, Burlington is the holder of a nitrogen discharge allocation pursuant to the Neese River Basin Nutrient Sensitive Waters Management Strategy, 15A NCAC 2B .0234, in the amount of Fifty Six Thousar d Three Hundred Sixty Eight (56,368) pounds per year (the "Allocation"); and WFI,REAS, Burlingtori wishes to donate the Allocation to the City and the City wishes to receive the Allocation; and WHEREAS, it is the parties' intent that Burlington's donation of the Allocation to the City pursuant to this Deed shall qualify as a charitable contribution by Burlington pursuant to Section 174(c)(1) of the Internal Revenue Code of 1986, and pursuant to applicable provisions of the North Carolina General Statutes; NOW, THEREFORE, 1. Burlington hereby gifts, contributes, transfers, and conveys to the City, and the City hereby accepts and assumes from Burlington, the Allocation. 2. The City hereby represents to Burlington that the City has been duly authorized to accept the Allocation and to execute and receive this Deed of Gift pursuant to a resolution of the City Council dated August 3, 1999. 3. In consideration for the donation of the Allocation, the City hereby agrees that it will use or reconvey the Allocation exclusively for public purposes within the meaning of Section 170(c)(1) of the Internal Revenue Code of 1986, as amended. 4.. The City hereby agrees to provide Burlington, contemporaneously with the execution of this Deed, with an acknowledgment of receipt in the form attached hereto as Exhibit A. Signatures appear on following page. 0$%20/99 FRI 09:41 FAX 9197430225 BROOKS FIERCE 2003 ZN WITNESS WI-I£RRCF, the parties have caused this Deed of Gift to be executed by their duly authorized representatives as of the date first above -written. Thomas A. McCormick City Attorney gifdeed.2 Burlington Industries, Inc. By: Title: The City of Raleigh, North arolina By., Title: fA.w 3 s 08/20/99 FRI 09:41 FAX 9197430225 BROOKS PIERCE 2004 "ity. Of alei�li ,North Carolina EXHIBIT .A. August 4, 1999 Burlington Industries, Inc. 3330 West Friendly Avenue Greensboro, Forth Carolina. 27410 ATTN: Robert A. Wicker, Esq. vice President and General Counsel The City of Raleigh hezeby acknowledges receipt from Burlington zx�dustries, Inc., on August 4, 1999, of an annual i nitrogen discharge allocation, created pursuant to the Neuse River Nutrient Sensitive Watexs Management Strategy, 15A NCAC 2B .0234, in the amount of 56,358 pounds. No benefits having a market value were provided to Burlington industries, Inc., by the City of Raleigh in return for its contribution. Sincere- D.E. Benton, Jr, City Manager DEB:vt/9441 OFFICES • 222 WEST HARGETT STREET • POST OFFICE BOX s90 • RALEICH, NORTH CAROLINA 27602 Recycled Paper Burlington Industries: 24-Hour Staffing Req'ment • C 0 00 I � I Subject: Burlington Industries: 24-Hour Staffing Req'ment Date: Thu, 08 Apr 1999 14:24:01 -0400 From: "Dave Goodrich"<dave_goodrich@h2o.enr.state. nc.us> Internal To: Bob Sledge < bob_sledge@h2 o. enr. state. nc.us > CC: Mark McIntire <mark mcintire@h2o.enr.state.nc.us> Thanks, Bob. I think we can handle the variance in the permit renewal cover letter. Only potential concern that I didn't think of when we discussed this the other day is that of time. I'm not sure that we're going to issue the permit anytime soon (I would estimate around August or September). If they can wait that long, no problem. Otherwise, we may have to handle it through an approval letter. (I'd prefer that come from your shop.) If they can wait, would you please forward a copy of the request to Mark so that he remembers to include the language in the renewal letter? - Dave Bob Sledge wrote: > I spoke with Ted Cashion about the status of this facility. He says the > plant is still shut down, with only a skeletal staff on site performing > operations and maintenance activities. They only discharge once a month > and that flow is entirely regulated by the staff. > RRO recommends continuing the variance to 24 hour staffing as long as > they are in their current mode of operation (i.e. plant not in > production). If you can and are willing to do this in the framework of > the permit reissuance, I think that would be a clean way of doing it. > We could include some standard language noting the director reserves the > right to withdraw the variance if he becomes aware of conditions that > would warrant around the clock staffing. They are trying to sell the > plant; I'd assume in the event of a sale, a new determination would have > to be made depending on the plans for the facility of a new owner. > Thank you for your help. If you want me to go ahead and draft a letter > on the subject, it shouldn't be difficult to get that done. Let me know > how you'd like to proceed and if you would like the letter back for your > file. > Thank you. > Bob 1 of 1 4/19/99 1:58 PM Re: Burlington Industries Wake Finishing Plant Subject: Re: Burlington Industries Wake Finishing Plant Date: Tue, 30 Mar 1999 11:31:54 EST From: `Tim Baldwin" <Tim_Baldwin@rro.enr.state.nc.us> Organization: DENR - Raleigh Regional Office To: "Charles Weaver" <charles_weaver@h2o.enr.state. nc.us> CC: randyjones@rro.enr.state.nc.us Charles, Sounds good. I did an inspection just a month or two ago, and depending on when the Neuse permits are ready to go, I will either use that inspection, or I will do a new one. Thanks. -Tim Baldwin -RRO WQS -(919) 571-4700 x251 > Date: Tue, 30 Mar 199911,22.36 -0500 > From: "Charles Weaver" <char/es weavernah2o.enrstate.nc.us> > To: Tim Baldwin <Tim 3aldwin0)rro. enr state.nc. us> > Subject; Re: Burlington Industries Wake Finishing Plant > This plant is supposedly shut down - only the domestic discharge > remains The current owner is searching for someone to whom they can > sell the plant, expecting the buyer will resume production. > Hold off on doing the Staff Report now - until we know when the Neuse > permits will be issued there's no need to waste effort on it• However, > the site should be inspected prior to renewal of the permit. We need to > know which ouffalls are still in use and which have been shut down. > Contact Steve Levitas (839-0300) - he is the attorney for Burlington and > is handling the permitting issues (his e-mail address is: > slevitas@BROOKSPIERCE.com). He can apprise you ofany developments > regarding the sale of the plant. > If a new owner takes possession before the permit is renewed, the place > should be inspected then. We need to know who the new owners are and > what they plan to do with the place. If no sale takes place before > renewal, wait until you hear that the Neuse permits are ready to go, > then do the staff report. 1 of 1 3/30/99 12:55 PM BE00$s, PiEBCE, MCLENDo-w, HUMPHEEY & LEONAAD, L.L.P. ATTORNEYS AT LAW RALEIGH, NORTH CAROLINA L.P. McLENDON, JR. STEVEN J. LEVITAS HUBERT HUMPHREY V. RANDALL TINSLEY EDGAR S. FISHER, JR. JOHN R. ARCHAMBAULT W. ERWIN FULLER, JR. S. KYLE WOOSLEY JAMES T. WILLIAMS, JR. DANIEL M. SROKA WADE H. HARGROVE FORREST W. CAMPBELL, JR. M. DANIEL McGINN MARCUS W. TRATHEN MICHAEL D. MEEKER JEAN C. BROOKS WILLIAM G. McNAIRY ANNE C. BRENNAN EDWARD C. WINSLOW III ELLEN P. HAMRICK HOWARD L. WILLIAMS ALLISON M. GRIMM GEORGE W. HOUSE JAMES C. ADAMS, II WILLIAM P.H. CARY ELIZABETH S. BREWINGTON REID L. PHILLIPS JOHN K. EASON ROBERT A. SINGER H. ARTHUR BOLICK II JOHN H. SMALL NATASHA RATH MARCUS RANDALL A. UNDERWOOD JOHN M. CROSS, JR. S. LEIGH RODENBOUGH IV JENNIFER K. VAN ZANT WILLIAM G. ROSS, JR. KEARNS DAVIS MARKJ.PRAK JILL R. WILSON TRACEY BANKS COAN MARC D. BISHOP DAVID W. SAR JIM W. PHILLIPS, JR. KATHLEEN M. THORNTON MACKSPERLING BRIAN J. MOMILLAN JEFFREY E. OLEYNIK JENNIFER L. BOLICK MARK DAVIDSON DAVID KUSHNER MELISSA H. WEAVER DEREK J. ALLEN JAMES R. SAINTSING ELIZABETH V. LAFOLLETTE JOHN W. ORMAND III ERIN L. ROBERTS ROBERT J. KING III GINGER S. SHIELDS Mr. Charles Weaver NC DENR DWQ - NPDES Post Office Box 29535 Raleigh, North Carolina 27626 MAILING ADDRESS OFFICE ADDRESS POST OFFICE BOX IBOO SUITE 1600 RALEIGH, N.C. 27602 FIRST UNION CAPITOL CENTER ISO FAYETTEVILLE STREET MALL RALEIGH, N.C. 27601 FOUNDED1897 TELEPHONE 919-839-0300 FACSIMILE 919-839-0304 AUBREY L. BROOKS (1872-1958) W.H. HOLDERNESS (1904-1965) L.P. McLENDON (1890-1968) KENNETH M. BRIM (1898-1974) C.T. LEONARD, JR. (1929-1983) CLAUDE C. PIERCE (1913-198B) THORNTON H. BROOKS (1912-1988) G. NEILDANIELS (1911-1997) GREENSBORO OFFICE 2000 RENAISSANCE PLAZA 230 NORTH ELM STREET GREENSBORO, N.C. 27401 Jul 16 1998 WASHINGTON OFFICE Y 7 2000 L STREET N.W., SUITE 200 WASHINGTON. D.C. 20036 Re: Burlington Industries, Inc. Wake Plant NPDES Permit No. NC0001376 Dear Charles: Please find enclosed three copies of the NPDES permit renewal application for the above - referenced facility, which includes the required residuals management plan. Since manufacturing operations at the facility have been suspended since November 1996, it was not possible to conduct a new priority pollutant analysis, but the most recent analysis is included with the application. A check in the amount of $300.00 for the renewal application fee is enclosed. Please let me know if you require anything further in order for this application to be considered complete. Thank you very much for your assistance. With best wishes, Sincerely yours, BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P. Steven J. Levitas SJL/ksm Enclosures cc: Robert A. Wicker, Esquire im Burlington Industries, Inc. July 13, 1998 Mr. Charles Weaver NCDENR - DWQ - MPBES P. O. Box 29535 Raleigh, North Carolina 27626 Re: Permit Renewal Application Dear Mr. Weaver: Legal Department P.O. Box 21207 Greensboro, North Carolina 27420 336-379-2435 (direct) 336-379-4504 (fax) This letter will serve to confirm to your office that Mr. Steve Levitas, Brooks, Pierce, McLendon, Humphrey & Leonard, is authorized to act on behalf of Burlington Industries, Inc. in submitting and obtaining approval for the permit application to be submitted on behalf of the Company. Thank you for your assistance in this regard. Very trnuly yours, 4 � Robert A. Wicker Vice President and General Counsel :ahh cc: Steve Levitas, Esq. ,.tmZ 570 NORTH CAROLINA DEPT. OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE WASTEWATER STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION I. APPLICATION AND FACILITY DESCRIPTION Unless otherwise specified on this form all items are to be completed. If an Rem is not applicable indicate'NA'. ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. Please Print or Type 1. Legal Name of Applicant (see instructions) 2. Mailing Address of Applicant (see Instructions) Number & Street City State Zip Code 3. Applicant's Authorized Agent (see Instructions) Name and Title Number & Street City State Zip Code Telephone 4. Previous Application If a previous application for a permit under the National Pollutant Discharge Elimination System has been made, give the date of application. 101 102a 102b 102c 102d 103a 103b 103c 103d 103e 103f 104 Burlin on Industries Inc. P.O. Box 21207 Greensboro 27420 Robert A. Wicker Vice -President and General Counsel P.O. Box 21207 Greensboro 27420 336 379-2435 Area Number Code 1993 Feb. 24 YR MO DAY I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Tern L. Fripp 102e Director of Cor rate Engineering Printed Name of Person Signip Title 102f �_ 6 TS Signatu pl' r Autho ' ge YR MO DAY Date Application Signed North Carolina General Statue 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) WakeAppl.doc 5. Facility (see instructions) Give the name, ownership, and physical location of the plant or other operating facility where discharge(s) presently occur(s) or will occur. Name 105a Ownership (Public, Private or both Public and Private) 105b Check block if a Federal facility 105c and give GSA Inventory Control Number 105d Location: Number & Street 105e City 105f County 105g State 105h 6. Nature of Business State the nature 106a of the business conducted at the plant or operating facility. 106b 7, Facility Intake Water (see instructions) Indicate water intake volume per day by sources. Estimate average volume per day in thousand gallons per day. Municipal or private water system Surface water Groundwater Other* Total Item 7 * If there is intake water from 'other', specify the source. 8. Facility Water Use Estimate average volume per day in thousand gallons per day for the following types of water usage at the facility. (See instructions) Noncontact cooling water Boiler feed water Process water (including contact cooling water) 1078 107b 107c 107d 107e 107f 108a 108b 108c Sanitary water 108d Other` 108e Total Item 8 108f If there are discharges to 'other, specify 108g If there is "Sanitary water use, 108h Burlington Industries. Inc. _ Wake Plant XPUB Q PRV n BPP FED 9701 Capital Boulevard Wake Forest Textile knit fabric bleaching, dyeing, and finishing AGENCY USE 0 Not Applicable thousand gallons per day 3.500 thousand gallons per day 20 thousand gallons per day 20 thousand gallons per day 3.540 thousand gallons per day Stormwater 5 thousand gallons per day 185 thousand gallons per day 3.310 thousand gallons per day 20 thousand gallons per day 20 thousand gallons per day 3.540 thousand gallons per day Stormwater 800 people served WakeAppl.doc give the number of people served. 9. All Facility Discharges and other Losses, Number and Discharge (See instructions)Volume Specify the number of discharge points and the volume of water discharged or lost from the facility according to the categories below. Estimate average volume per day in thousand gallons per day Number of Total Volume Discharged, Discharge Points Million Gallons Per Surface Water 109al Da - 1 109a2 3,340 Sanitary wastewater transport syste 109bl NA 109b2 Storm water transport system 10901 NA 109c2 Combined sanitary and storm water 109dl NA 109d2 transport system Surface impoundment with no 109e1 NA 109e2 effluent Underground percolation 109fl NAA__ 109f2 Well injection 109g1 NA 109g2 Waste acceptance firm 109111 NA 109h2 Evaporation 109il Atmosphere 109i2 200 Consumption 109j1 NA 109j2 Other* NA 109k2 109k1 Facility dischargers and volume Total Item 9 10911 1 10912 3,540 *If there are discharges to'othee, 109ml specify. 10. Permits, Licenses and Applications List all existing, pending or denied permits, licenses and applications related to discharges from this facility (see instructions) Issuing For Type of Date Date Date Expiration Agency Agency Permit or Filed Issued Denied Date Use License ID Number YR/MO/DA YR/MO/DA YR/MO/DA YR/MO/DA NC DEHNR >rz €z ........................ NPDES NC0001376 95/3/1 NA 99/1/31 NC DEHNR ` ; r r t> ? Air 2575R24 96/4/1 NA 01/3131 NC DEHNR > J ?> ` >?_: Land Appl W00001 97/7/3 NA 02/6/30 11. Maps and Drawings Attach all required maps and drawings to the back of this application. (see instructions) 12. Additional Information WakeAppl.doc STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION II. BASIC DISCHARGE DESCRIPTION Complete this section for each discharge indicated in Section I, Items 9, that is to surface waters. This includes discharges to municipal sewerage systems in which the waste water does not go through a treatment works prior to being discharged to surface waters. Discharges to wells must be described where there are also discharges to surface waters from this facility. SEPARATE DESCRIPTIONS OF EACH DISCHARGE ARE REQUIRED EVEN IF SEVERAL DISCHARGES ORIGINATE IN THE SAME FACILITY. All values for an existing discharge should be representative of the twelve previous months of operation. If this is a proposed discharge, values should reflect best engineering estimates. ADDITIONAL INSTRUCTIONS FOR SELECTED ITEMS APPEAR IN SEPARATE INSTRUCTION BOOKLET AS INDICATED. REFER TO BOOKLET BEFORE FILLING OUT THESE ITEMS. 1. Discharge Serial No. and Name a. Discharge Serial No. 201 a (see instructions) b. Discharge Name 201b Give the name of discharge, if any (see instructions) c. Previous Discharge Serial No 201c If a previous permit application was made for this dis charge (Item 4, Section 1) provid� previous discharge serial number. 2. Discharge Operating Dates a. Discharge Began Date If the discharge described below is in operation, give the date (within best estimate) the discharge began b. Discharge to Begin Date If the discharge has never occurred but is planned for some future date, give the date the discharge will begin. c. Discharge to End Date If the discharge is scheduled to be discontinued within the next 5 years, give the date (within best estimate) the discharge will end. 3. Engineering Report Available ...........: . Check if an engineering report is available to reviewing agency upon request (see instructions) 4. Discharge Location Name the political boundaries within which the point of discharge is located: State County (If applicable) City or Town 5. Discharge Point Description Discharge into (check one) Stream (includes ditches, arroyos) Lake Ocean Municipal Sanitary Wastewater Transport System Municipal Combined Sanitary and Storm Transport System 202a 001 Not Applicable NA NA 1948 January 202b NA YR MO 202c NA YR MO .....................Not Applicable 203 ❑ 204a 204b 204c l 205a North Carolina Wake X❑ STR ❑ LKE ❑ OCE ❑ MTS ❑ MCS 204d 204e 204f Municipal Storm Water Transport System Well (injection) Other If 'other is checked, specify type 6. Discharge Point - Lat/Long. Give the precise location of the point of discharge to the nearest second. Latitude Longitude 7. Discharge Receiving Water Name Name the waterway at the point of discharge. (see instructions) If the discharge is through an outfall that extends beyond the shoreline or is below the mean low water line, complete item 8, For Agency Use 35i f> 8. Offshore Discharge a. Discharge Distance from Shore b. Discharge Depth Below Water 9 Discharge Type and Occurrence a. Type of Discharge Check whether the discharge is continuous or intermittent. (See instructions) b. Discharge Occurrence Days per Week. Enter the average number of days per week (during periods of discharge) this discharge occurs. C. Discharge Occurrence- Months If this discharge normally operates (either intermittently or continuously) on less than a year around basis (excluding shutdowns for routine maintenance), check the months during the year when the discharge is operating (see instructions) Complete Items 10 and 11 if "intermittent" is checked in Item 9.a. Otherwise, proceed to Item 12. 10. Intermittent Discharge Quantity State the average volume per dis- charge occurrence in thousands of gallons 11. Intermittent Discharge Duration and Frequency a. Intermittent Discharge Duration Per Day State the average number of hours per day the dischargge is operating b. Intermitfent Discharge Frequency State the average number of discharge occurrences per day during days when discharging 12. Maximum Flow Period Give the time period in which the maximum flow of this discharge occurs DISCHARGE SERIAL NUMBER 001 ❑ STS ❑ WEL ❑ OTH 205b 206a 35 DEG. 54MIN. 32SEC 206b 78 DEG. 33 MIN, 21 SEC 207a Neuse River 207b 207c 208a _ 30 feet 208b 1 foot 2090 X❑ (con) Continuous ❑ (Int) Intermittent 209b 6 days per week 209c ❑ JAN ❑ FEB ❑ MAR ❑ APR ❑ MAY ❑ JUN ❑ JUL ❑ AUG ❑ SEP ❑ OCT ❑ NOV ❑ DEC 210 1 NA thousand gallons per day 211a 211b 212 NA hours per day NA discharge occurrences per day From NA to month months 13. Activity Description Give a narrative description of activity producing this discharge (see instructions) DISCHARGE SERIAL NUMBER 213a Greiae fabric will be bleached and scoured. It will then be and finished before shipment to the customer as finished fabric. 14. Activity Causing Discharge For each SIC Code which describes the activity causing this discharge, supply the type and maximum amount of either the raw material consumed (Item 14a) or the product produced (item 14b) in the units specified in Table I of the Instruction Booklet.. For SIC Codes not listed in Table I, use raw material or production units normally used for measuring production (see instructions) 214 214 a. Raw Materials Maximum Unit Shared Discharges b Products Maximum Unit Shared Discharges SIC Code Name Amount/Day (See Table I) (Serial Number) I 1 (2) (3 4 5 2257 Knit fabric 200 H-2 (1000 lb.) 001 15 Waste Abatement a. Waste Abatement Practices 215a Describe the waste abatement practices used on this dis- charge with a brief narrative (see instructions) b. Waste Abatement Codes I Using the codes listed in Table II of the Instruction Booklet, describe the waste abatement processes for this discharge in the order in which they occur if possible. DISCHARGE SERIAL NUMBER 215b (1 ) (2) (3) (4) (5)_ (6) (7) (8) (9) (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) DISCHARGE SERIAL NUMBER 001 16. Wastewater Characteristics Check the box beside each constituent which is present in the effluent (discharge water). This determination is to be based on actual analysis or best estimate.(see instructions) Parameter Present Parameter Present 216 216 Color X Copper X 00080 01042 Ammonia X Iron X 00610 01045 Organic nitrogen X Lead X 00605 01051 Nitrate X Magnesium X 00620 00927 Nitrite X Manganese X 00615 01055 Phosphorus X Mercury X 00665 1 171900 Sulfate X Molybdenum 00945 01062 Sulfide X Nickel X 00745 01067 Sulfite Selenium X 00740 01147 Bromide Silver X 71870 01077 Chloride X Potassium X 00940 00937 Cyanide X Sodium X 00720 00929 Fluoride X Thallium 00951 1 101059 Aluminum X Titanium 01105 01152 Antimony X Tin 01097 01102 Arsenic X Zinc X 01002 01092 Beryllium X Algicides* X 01012 74051 Barium X Chlorinated organic compounds` 01007 74052 Boron Pesticides* 01022 74053 Cadmium X Oil and grease X 01027 00550 Calcium X Phenols X 00916 32730 Cobalt X Surfactants X 01037 38260 Chromium X Chloride 01034 150060 Fecal coliform bacteria Radioactivity 74055 74050 * Specify substances, compounds and/or elements in Item 26. Pesticides (insecticides, fungicides, and rodenticides) must be reported in terms of the acceptable common names specified in Acceptable Common Names and Chemical names for the Ingredient Statement on Pesticide Labels, 2nd Edition, Environmental Protection Agency, Washington, D.C. 20250, June 1972, as required by Subsection 162.7(b) of the Regulations for the Enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act. DISCHARGE SERIAL NUMBER 001 17. Description of Intake and Discharge For each of the parameters listed below, enter in the appropriate box the value or code letter answer called for (see instructions) In addition, enter the parameter name and code and all required values for any of the following parameters if they ere checked in Item 16: ammonia, cyanide, aluminum, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). Influent Effluent Untreated In -Plant Daily Minimum Maximum Frequency Number o Sample Parameter and Code Intake Treated Average Value Value of Analysis Analyses Type Water Intake Observed or Observed or 217 (Daily Water Expected Expected average) (Daily During During average) Discharge Discharge Activity Activity 1 2 3 4 5 6 7 8 Flow* 3.5 3.33 1.10 4.64 1/1 278 24 Million Gallons per day 50050 pH 7.2 7.8 8.4 1/1 2781 G Units 00400 Temperature (Winter) 11.81 18 9 23 1/1 112 G "C 74026 Temperature (summer) 21.3 27 16 34 1/1 166 G "C 74025 Biochemcial Oxygen NA 6.1 2.0 16 1/1 278 24 Demand (BOD 5-Day) mg/I 00310 Chemical Oxygen NA 112 78 183 1/1 278 24 Demand (COD) mg/I 00340 Total Suspended NA 16 5 61 1/1 278 24 (nonfifterable) Solids mgA 00530 Specific Conductance NA 2,000 4,800 3—f-7—or-1-177 63 G micromhos/cm at 25*C 00095 Settleable Matter NA NA NA NA NA NA NA (residue) mIA 00545 * Other discharges sharing intake flow (serial numbers) (see instructions) FOR AGENCY USE DISCHARGE SERIAL NUMBER 001 17 (Cont'd) Parameter and Code 217 Influent Effluent Untreated Intake Water (Daily average) 1 In -Plant Treated Intake Water (Daily average) 2 Daily Average 3 Minimum , Value Observed or Expected During Discharge Activity 4 Maximum Value Observed or Expected During Discharge Activity 5 Frequency of Analysis 6 Number of Analyses 7 Sample Type 8 Ammonia (mg/l) 00610 _ _ 2.77 0.86 4.23 1 /7 48 24 Cyanide (mgA) 00720 _ _ <5.0 _ 1 /W5 1 24 Aluminum (mgA) 01105 _ _ 271 _ 1/365 1 24 Arsenic (mg/1) 01002 _ _ _ 450 _ 1/365 1 24 Beryllium (mg/1) 01012 _ _ <5.0 _ 11365 1 24 Cadmium (mgA) 01027 _ _ <2.0 _ 1/365 1 24 Chromium (mgA) 01034 _ _ <5.0 _ 1/W5 1 24 Copper (mg/1) 01042 _ _ _ 137 _ 1/365 1 24 Lead (mgA) 01051 _ _ <10 _ 1/365 1 24 Mercury (mgil) 71900 _ _ <0.2 _ i /365 1 24 Nickel (mg/1) 01067 _ _ <10 _ 1/365 1 24 Selenium (mgA) 01077 _ _ <10 _ 1/365 1 24 Zinc (mgA) 01092 _ _ 92 _ 1/365 1 1 24 Phenols (mgA) 32730 _ _ 1.4 1.1 1.8 201 24 G 18. Plant Controls Check if the following plant controls are available for this discharge ARemate power source for major pumping facility Alarm or emergency procedure for power or equipment failure 19. Water Treatment Additives If the discharge is treated with any conditioner, inhibitor, or algicide, answer the following: a. Name of Material(s) b. Name and address of manufacturer I 218 219a 219b c, Quantity (pounds added per 219c million gallons of water treated) d. Chemical composition of these 219d additives (see instructions) ❑ APS ❑ ALM Complete Items 20-25 if there is a thermal discharge (e.g., associated with a steam and/or power generation plant, steel mill, petroleum refinery, or any other manufacturing process) and the total discharge flow is 10 million gallons per day or more. (see instructions) 20. Thermal Discharge Source_ Check the appropriate item(s) indicating the source of the discharge (see instructions) Boiler Blowdown Boiler Chemical Cleaning Ash Pond Overflow Boiler Water Treatment - Evaporator Blowdown Oil and Coal Fired Plants -Effluent from Air Pollution Control Devices Condense Cooling Water Cooling Tower Blowdown Manufacturing Process Other 21. Discharge/Receiving Water Temperature Difference Give the maximum temperature difference between the discharge and receiving waters for summer and winter operating conditions (see instructions) Summer Winter 221 b 22. Discharge Temperature, Rate of Change Per Hour Give the maximum possible rate of temperature change per hour of discharge under operating conditions (see instructions) 23. Water Temperature, Percentile Report (Frequency of Occurrence) In the table below, enter the temperature which is exceeded 10% of the year, 5% of the year, 1 % of the year and not at all (maximum yearly temperature). (see instructions) Frequency of occurrence a. Intake Water Temperature 223a (subject to natural changes b. Discharge Water Temperature 223b DISCHARGE SERIAL NUMBER 001 220 I 221a —°F 222 24. Water Intake Velocity (see instructions) 224 I 25. Retention Time Give the length of time, in 225 minutes, from start of water temperature rise to discharge of cooling water. (See instructions) NOT APPLICABLE ❑ BLBD ❑ BCCL ❑ APOF ❑ EPBD ❑ OCFP ❑ COND ❑ CTBD ❑ MFPR ❑ OTHR °F °F./hour 10% 5% 1 % Maximum °F -F "F °F °F °F °F 'F feet/sec. minutes DISCHARGE SERIAL NUMBER 001 26. Additional Information II. 17. Flow, influent, contributing to discharge: from Neuse River = 3.5 MGD; from wells = 0.020 MGD II. 17. Values for total intake water are listed in column (2) since 100% of all intake water is treated before use. Source Treatment Neuse River Coagulation, flocculation, settling, sand filtered, zeolite softeners Wells Chlorination II. 16. 1 Algicides (74051) from water treatment chemicals, as follows; Product is Betz Entec 345A, it is a microbiocide containing 5% dibromo-nkripropinonamide (DBNPA) FOR AGENCY USE STANDARD FORM C - MANUFACTURING AND COMMERCIAL SECTION III. WASTE ABATEMENT REQUIREMENTS & IMPLEMENTATION (CONSTRUCTION) SCHEDULE This section requires information on any uncompleted implementation schedule which may have been imposed for construction of waste treatment facilities. Such requirements and implementation schedules may have been established by local, State, or Federal agencies or by court action. In addition to completing the following items, a copy of an official implementation schedule should be attached to this application. IF YOU ARE SUBJECT TO SEVERAL DIFFERENT IMPLEMENTATION SCHEDULES, EITHER BECAUSE OF DIFFERENT LEVELS OF AUTHORITY IMPOSING DIFFERENT SCHEDULES (ITEM 1a) AND/OR STAGED CONSTRUCTION OF SEPARATE OPERATIONAL UNITS (ITEM 1c), SUBMIT A SEPARATE SECTION III FOR EACH ONE. Improvements a. Discharge Serial Numbers 300 NOT APPLICABLE Affected List the discharge serial numbers, assigned in Section II, that are covered by this implementation schedule b. Authority Imposing Requirement 301a Check the appropriate item indicating the authority for the implementation schedule. If the identical imple- mentation schedule has been ordered by more than one authority, check the appropriate items. (see instructions) Locally developed plan 301 b ❑ LOC Areawide Plan ❑ ARE Basin Plan ❑ BAS State approved implementation ❑ SQS schedule Federal approved water quality ❑ WQS standards implementation plan Federal enforcement procedure ❑ ENF or action State court order ❑ CRT Federal court order ❑ FED c. Facility Requirement Specify the 3- character code of those listed below 3-character that best describes in general terms (general) the requirement of the implementation 301 c schedule and the applicable six - character abatement codes(s) from Table II of the instruction booklet. If more than one schedule applies 301 d 6-character to the facility because of a staged (specific) construction schedule, state the stage (see Table II) construction being described here with the appropriate general action code. Submit a separate Section III for each stage of construction planned. New Facility NEW Modification (no increase in capacity or treatment) MOD Increase in Capacity INC Increase in Treatment Level INT Both Increase in Treatment Level and Capacity ICT Process Change PRO Elimination of Discharge ELI 2. Implementation Schedule and 3. Actual Completion Dates Provide dates imposed by schedule and any actual dates of completion for implementation steps listed below. Indicate dates as accurately as possible. (see instructions) NOT APPLICABLE Implementation Steps 2. Schedule (yr/Mo/Day) 3. Actual Completion (Yr/Mo/Day) a. Preliminary plan complete 302a ! / 303a 1 /_ b. Final plan submission 302b / / 303b c. Final plan complete 302c / / 303c i 1 d. Financing complete & contract 302d 1 / 303d awarded e. Site acquired 302e / / 303e f. Begin construction 302f / / 303f g. End construction 302g / ! 303g / 1 h. Begin discharge 302h _/ / 303h I. Operational level attained 3021 / / 303i / / N. C. DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE ADDITIONAL REQUIRED INFORMATION NOT APPLICABLE APPLICATION NUMBER DISCHARGE SERIAL NUMBER 001 REFER TO DIRECTIONS ON REVERSE SIDE BEFORE ATTEMPTING TO COMPLETE THIS FORM Parameter (Code) (501) Untreated Intake Water (Daily average) In -Plant Treated Intake Water (Daily average) Daily Average Minimum Value Maximum Value Frequency of Analysis Number of Analyses Sample Type (1) (2) (3) (4) (5) (6) (7) (8) REMARKS: I certify that I am familiar with the information contained in this report and that to the hest of my knowledge and belief such information is true, complete and accurate. Date Form Completed Name of Authorized Agent Signature Direcdons - For each parameter listed, complete the information requested in each column in the units specified according to the instructions given below. Column f - Enter the daily average value of the intake water at the point it enters the facility. If intake water if from more than one source, and enters the facility at separate entry points, the value given in column 1 should be weighted proportional to the quantity of flow contributed from each source. If water is treated before use, completion of this column is not required (see instructions for column 2). Values of intake are not required for mining activities. Column 2 - If all or part of intake water is treated before use, provide values for total intake here instead on in Column 1, Also describe briefly in item 26 "additional information," the type of treatment performed on intake water (e.g., rapid sand filtration, coagulation, flocculation, ion exchange, etc.) and the percent of intake water contributing to this discharge that has been treated. Column 3 - Supply daily average value for the days when discharge is actually operating or is expected to be operating (a new discharge). Daily average values are to be computed by weighing the daily value in proportion to the daily flow. If a discharge occurs irregularly, the value supplied in the column marked "Daily Average" should represent an average for the average for the days the discharge actually occurs. Average values are not to be supplied for pH, specific conductance, and bacteriological parameters (e.g., coliform bacteria). Columns 4 and 5 - Supply minimum and maximum value observed (or expected for new discharge) over any one day when the discharge is operating. Column 6 - Specify the average frequency of analysis for each parameter as number analyses per number of days (e.g., "3/7" is equivalent to three analyses performed every 7 days). If continuous, enter "CONT." When analyses are conducted on more than one individual grab sample collected during the same day, the analysis frequency should reflect one analysis whose value is the average of the individual grab sample measurements. Average frequency should be based on an operating month. Column 7 - Specify the number of analyses performed at the average frequency specified in column 6, up to 365. Column 8 - Specify sample type as follows: G For grab sample (individual sample collected in less than 15 minutes). #C For composite sample # is to be replaced by the average number of hours over which the composite sample was collected. Composite samples are combinations of individual samples obtained at intervals over a time period, either the volume of each individual sample is directly proportional to discharge flow rates or the sampling interval (for constant volume samples) is inversely proportional to the flow rates over the time period used to produce the composite. NA If "CONT" was entered in column 6. Ana"dal methods - Appendix A contains all parameters with their reporting levels, test descriptions, and references. The parameter values can be determined either by use of the standard analytical methods as described in table A or by methods previously approved by the EPA Regional Administrator or Director of a federally approved State program (or their authorized representative) who has jurisdiction over the State in which the discharge occurs. If the test used is not one shown in table A, the test procedure should be referenced in "Remarks" or on a separate sheet.. If values are determined to be less than the detectable limits (as determined by referenced standard analytical techniques and/or instrument manufacturer's literature), specify "LT(Value of detectable limit)" in the appropriate space. For example, if the detectable limit is .005 mg/1 and quantities of less than this are determined, specify "LT.005." Do not enter descriptors such as "NIL," "TRACE," "NEG," etc. for this purpose. If it is your reasoned judgment that one or more of the required parameters is not present in the initial untreated or treated process water and/or the discharge, enter an "A" (meaning "absent") in the appropriate space. In order for values reported to be representative, it is recommended that they be based on from at least five to seven analyses of composite samples(if applicable). Each of the composite samples should be obtained by compositing frequent samples in proportion to flow over an operating day. Samples should be taken during period of maximum production, if possible. If samples are taken at periods of less than maximum production, state in "Remarks" the percent of maximum production that was obtained during the sampling period. ffi m RESEARC & ANC yTicA - LAbORATOR9* S, INC. Analytical/Process Consultations 29 July 1992 Mr. Tim Holland Burlington Industries, T,nc. Wake Finishing Plant 9701 North Blvd. Wake Forest, North Carolina 27587 Dear Mr. Holland: Enclosed please find the results for the nnual Pollutant Analysi of the sample frcm Wake Finishing Plant, Wake Forest, North Carolina submitted to our laboratory on 24 June 1992. If you should have any questions of need any additional information concerning this report please so advise. Sincerely, RERCH & ANALYTICAL LABORATORIES, INC. James M. Cheshire President JMC/jf enclosure Annual Pollutant Analysis Monitoring Requiremont Reporting Form A (Revised June 1990) Facility Information: NPDES Permit No: N/A Discharge (Pipe) No: Year: _ 1992 Facility Name: Burlington Industries,,Tja e�For�� S: N/A County: Person(s) Collecting Samples: George Simms Status of facility wastewater treatment operation on day of sampling: typical. X Yes __ No If no, explain briefly: Analytical Laboratory: Research & Analytical Laboratories Inc. Sam,.;Iing: 24 hr composite for main sample / grab sample for purgeable fraction d Page 1 of 9 Date Sampled: (composite sample) Corresponding sample taken for toxicity testing: Sampling begun (date, time): 6/24 92 Yes Sampling finished (date, time): 6/25/92 X No Date and time sampled (grab sample): 6/25/92 Instructions The purpose of this document and the accompanying memo is to standardize the sampling, analysis and reporting procedures to be used ;r the Annual Pollutant Analysis Monitoring (APAM) Requirement as described in the permit. ampling 1 - Take a 24-hour composite sample from the final effluent during mid -week (Wednesday through Friday). Collect a grab sample for the volatile rganic fraction when collection of the 24-hour composite sample is completed. Follow any other sampling instructions provided by the laboratory arforming the analysis. ? - indicate in the space provided at the top of this page whether a corresponding sample for toxicity testing was taken. Make note of any unusual wastewater treatment operating conditions occurring on the day of sampling In the space provided on the form. naiysis a • Analyze the effluent for pollutants listed on the APAM form, Including those to be Identified and approximately quantified under the 10 gnificant peaks rule, using appropriate EPA approved methods for each of the analytic fractions. Other analytical methods can be substituted my with prior, written approval of the Director of the Division of Environmental Management (DEM), Read and distribute to the laboratory 5rforming the analysis the accompanying memo (Tedder, October 1990) clarifying analytical requirements. 5 • Identify chemicals to be analyzed for according to the 10 significant peaks rule (as described in Item 2 of the Annual Pollutant Analysis •ionitoring Requirement in the permit) using a GClMS library search. Tentative identification is all that is required; confirmation by standard election is not necessary. Estimate the concentration of each based on an internal standard having the closest retention time. eporting 3 - Quantitation Limit Targets that should be met are listed on this Revised APAM Reporting Form A. Report the use of any higher quantita- :on Limit and an explanation as to why the listed quantitation limit target could not be met. Examples of acceptable reasons for not meeting quantitation limit target could be high background concentrations in a sample, or the necessity forsample fraction dilution to bring a chemical n within a quantifiable concentration. List any quantitation limit differtent (whether higher or lower) from the target in the column provided or this purpose. 7 • If a chemical Is found to be below the quantitation limit, report the concentration detected as less than (or 'L ') the quantitation limit 3 the appropriate space. Provide a concentration estimate for chemicals detected In concentrations greater than the detection limit and less :tan the quantitation limit. Enter the detection limit in parentheses beside the estimate. Chemicals detected in concentrations above the quan- :.ation limits must be quantified. Quantitation limit and detection limit are defined in the accompanying memo (Tedder, October 1990). Enter ne total number of peaks detected in each analytic fraction In the appropriate space on this Revised APAM Form A. Report all concentrations . units of micrograms per Ilter (ug/1) and metals as total recoverable metal. If no peaks to be Identified under the 10 significant peaks rule re observed, enter "none" In the space provided for "other" compounds In each appropriate analytic fraction section. Provide the concentra- .on estimate and retention time for "unknowns" as well as for "significant peaks" for which a structural assignment can be made. 3 It "significant peaks" are found, provlde probable molecular-welghl, library match probability, retention time,.ldentlficatlon basis, and iS scan number for each. In addition, list Internal standards and their retention times. 9 In the section labeled "Organic Analytical Information" (p. 9), Include for each organic fraction the method, extraction technique, GC peeling condltions, and surrogate recovery. Report the size of the GC/MS library being utilized in the appropriate space. - Use copies of this Annual Pollutant Analysis Monitoring Revised Form A to report the results of the analysis. Both the analytical laboratory ?presentative and the facility operator in responsible charge should sign completed forms (last page). . - Mai: two completed copies of the form (and the laboratory report, if submitted to the facility on a different form) to: ATTt4: Central Files, Nr. ncurtR Pr) Rnx �F . Rara,nh Nr, 274U-4. Mail the APAM form separately from Discharge Monitoring A. Purgeable (Volatile Organic) Fraction, EPA Method �24_ Number of chemicals detected in Fraction Q Fraction STORET Number 84085 S T ORET Compound Ouantitatlon Quantitation Number Limit Target Limit" Pollutants to be analyzed for: (ug/1) (ug/1) 34210 Acrolein 100 100 34215 Acrylonitrile 100 100 Concentration Detected (ug/1) <l0o <100 Page 2 of 9 GC/MS Confirmation? Yes No x 34030 Benzene 5 5 <5 32101 32104 34413 32102 34301 Bromodichloromethane Bromoform Bromomethane Carbon tetrachloride Chlorobenzene 5 - 5 10 5 6 5 10 5 5 <5- <10 < <5 x x 34311 Chloroethane 10 10 <10 x 34576 32106 2-Chloroethyl vinyl ether Chloroform 10 5 10 5 <10 <5 x x 34418 32105 34496 Chloromethane Dibromochloromethane 1,1-Dichloroethane 10 5 5 10 5 <10 <5 x x 34531 1,2-Dichloroethane 5 5 <5 x 34501 1,1-Dichloroethylene 5 5 <5 x 34546 trans-1,2-Dichloroethylene 5 5 <5 x 34541 1,2-Dichloropropane 6 34704 cis 1,3-Dichloropropene 5 5 <5 x 34699 trans 1,3-Dichloropropene 5 5 <5 x 34371 Ethylbenzene 8 5 <5 x 3423 Methylene chloride 5 341516 1,1,2,2-Tetrachloroethane 7 5 <5 x 34475 Tetrachloroethylene 5 5 <5 x 34010 Toluene 6 5 <5 x 34506 1,1,1-Trichloroethane 5 5 <5 x 34511 1,1,2-Trichloroethane 5 39180 Trichloroethylene 5 5 <5 x 34488 Trichlorofluromethane 10 10 <10 x 39175 Vinyl chloride 10 10 <10 x If different from quantitation limit target B. Acid Extractable Fraction, EPA Method 625 Number of chemicals detected In Fraction 0- Fraction STORET Number 45582 Page 4 of 9 STORiET Compound NLinib-rar Quantitatlon Limit Targ®t Quantitation Lirnit' Concentration Detected GC/PAS Confirmation? Pollutants to be analyzed for: (ug/1) (ug/1) (ug/1) Yes I No `s4452 I 4-Chloro-3-meth I henol 10 10 <10 x 34566 2-Chloro henol 10 10 <10 x 34601 2 4-Dichloro henol 10 10 <10 x 2 4-Dlmeth # henol 10 10 <10 x t4616 2 4-Dinitro henol 50 ,4657 2-Meth y 1-4 6-dInItro p henol 50 50 <50 x �4591 2-Nitrophenol 10 1 10 <10 x 4646 4-Nitrophenol 50 50 <50 x 9032 Pentachloro henol 50 50 <50 x 4621 dliferent from quantitation limit target 2. Other acid extractabies (up to 10 highest peaks) No other peaks identified C U E Z tr q �+ y a C O Gf W Ci - C Ci 7 O L C Q cc v U cc w _m C C U C7 � U cc U o CD J t C O � C CD m m E CrI-- U y, iu v Ca O A CL J C � O O E c o, ® :3 U .� C Lu O U CD s L Cd U O 9 O Oj CL � v c E O U w N m a LD N T.? f: n a E 0 U .0 m .m Im as c 0 C A C O _m m Cl E 0 U Page 5 of 9 c O m 'c E c �E tx Co c N 0 C +C;ganic Analytical Information: rage got 9 ,a-flc Fraction Method Extraction CC Operating Conditions Column Description Surrogates (Spikes) — Batch Continuous Length X ID, Film Thickness, Column Type, CWT1er Gas & Flow Rate, Temperature Program L Compound Recovery ° a geable 60m,0.75 l, 1urn Vha 1,2-Dichlozo- A 65 94°C, 6°/min 200°C, 4*/min Toluene 7 ( 10 ruin) •1-13rom -5 Pe d Extractable 625 X 30M X 0.32 mm, 0.25µm itro nze0 DB-5, tie 30 cm/sec, 40° C 2-oro- 96 (4 min) 270°C, 100/min 4-Ter - 122 91hieutral Extractable See Above 2-Fluorophenol 84 Phenol d6l 143 214 6-T ibromo- ` . mple: Acid Extractable 625 X 30m x 0.25mm, 0.25um, D13•5, He, 30 cm/sec, 40°C (4 min) 270°C, 1001min d5 • phenol 50 IMS Library size (number of relarence spectra): 43,000 F. Metals and Other Chemicals Number of Metals and Other Chemicals (as listed below) detected In Sample 5 Fraction STORET Number 78240 0RET Compound Jumber Quantitation Limit Target Quantitatlon Limit' Concentration Detected ollutants to be analyzed for: (ug/1) (ug/1) (ug/1) 1104 Aluminum 50 50 271 097 Antimony 50 50 <50 1002 Arsenic 10 50 <50 012 Beryllium 25 .027 Cadmium 2 2 <2 034 Chromium 5 5 <5 I 042 Copper 2 2 137 1051 Lead 10 10 <10 1900 Mercury 0.2 1067 Nickel 10 10 <10 i 147 Selenium 5 10 <10 077 Silver 5 5 <5 .092 Zinc i0 10 92 (her Inorganics: 007 1 Barium 500 l00 <100 �940 Chloride 1000 1000 11,000 i720 Cyanide 20 5 <5 951 Fluoride 100 100 350 lifferent from quantitation limit target rti�,al Laboratory Representative: _— ���� C��� `. Date: ity Orprat-, In Resnonsihle Charne (ORC):------_------.__--_—__-- 625 C. Bas ,,/�jeutral Fraction, EPA method_ i3umber of chernicals detected in Fraction 1 Fraction STOPET Number 45583 STORET Compound Quantitatlon Number Limit Target Pollutants to be analyzed tor: 3405 Acena hthene 34200 Acena hth lene 34220 A nthracene 39120 _ Benzidine 34526 Benzo(a) anthracene 34247 Benzo (a) rene (ug/1) 10 10 10 50 10 10 34230 Benzo (b fluoranthene 10 34521 Benzo hi a lame __ 10 34242 Benzo (f< fluoranthene 10 34278 Bis(2-chibroethox )_methane 10 10 10 10 10 34273 34283 39100 Bis(2-chloroeth I ether Bis(2-chloroisooro I) ether_ Bis(2-ethylhex I)y phthalate 34636 4-13romo hen 1 hen I ether 34292 Butyl bent i phthalate 10 34581 2-Chlor2na hthalene 4-Chloroohenyl phenyl ether Ch sene Dibenzo (a,h) anthracene 10 10 10 10 10 10 — 10 20 10 10 34641 34320 34555 34536 1,2-Dichlorobenzene _ 34563 34571 1,3-Dichlorobenzene 1,4-Dichlorobenzene 34631 3,3-Dichiorobenzidine Diethyl phthalate Dimeth 1 phthalate 34336 34341 39110 Di-n-but I Phthalate 2,4-Dinitrotoluene 10 10 34611 34626 2,6-Dinitrotoluene 10� 10 34596 Di-n-octyl hthalate 34346 1,2-Di hen Ih drazine 10 34376 Fiuoranthene 10 10 34381 Fluorene 39700 Hexachiorobenzene 10 _ 10 10 ' 10 10 10 10 10 10 10 34391 Hexachforobutadiene Hexachloroc cio entadfene Hexachioroethane 34386 314396 34403 indeno 1,2.3-cd rene 3440E Iso horone Naahthalene Nitrobenzene N-nitrosodimeth lamine N-nitroso-di-n ro lamina 34696 34447 34438 34428 34433 N-nitrosodi henylamine 10 34461 34469 Phenanthrene Pyrene 10 10 Page 6 of 9 Quantitation Concentration GCIPd1S Llr,.lt• Detected Confirmation? (ug/1) (ug/1) Yes No 10 <10 x 10 <10 x 10 <10 x 50 <50 x 30 10 <1 x 10 <10 x 10 <10 x 10 <1010 :c 1 <10 X .. 10 <10 x 10 <10 x 10 <10 x (J <10 X Q<10 10 <10 x 10 <10 x 10 <10 x 10 <10 x 10 <10 x 20 <20 x 10 <10 x 10 2 x x 10 <10 10 <10 x 10 <10 x l <10 x 10 <10 x 10 <10 x 10 <10 x 10 <10 x 10 <l0 x 10 <10 x 10 <10 x 10 <10 x 10 <10 x i 10 <10 x 10 <10 X -- 10 <10 x 10 <10 x —1 < 11 r) x 2. Gli13r bas3lr: utrals (up to 10 high©st peaks) C t0 rh E Ln o rn o z tB T en d O � Q ro io c c iv o L c R — U C3 � _ � C C U © m 'fl L U Z` L � U ca k J � G P N O O � C m CD Ocj L U y E o Ln a`. J C � O m E cm o _ m cn U o 0 a rI W C O U `m L � U � A m _m O co 4J c v 3 O EO O 'o U c 'D 7 G -rl I f; I � � U � U 1 M 7_ i 11 Page 7 of 9 C c �, 'C E C o " o LO Ln r- 'r tin ('I.^I rn o r, r lO r r ,a C A � M I C U v N O O Ea) oo ra 0 I I C O O Z C ri rl 0 w Ri a)0 4 H +1 .G •ri � O. � 41 tv Q -P m rt r+ i 1-- C G > .>1 rl Z 4 a U a. U. OrCa.ncctilc)rine/Organophosphorus Pesticides and PCB's Number of chemicals detected in Fraction Fraction STORET Number 00158 STORET Compound Quantitation Ouantitation Concentration Number I Limit Target Limit' Detected Pollutants to be analyzed for: (ug/1) (ug/1) (ug/1) Drganochlorine Pesticides/PCB's: EPA Method Aidrin al ha-BHC 8080 0.05 0.05 0.5 0.5 <0.5 <0.5 39J30 319337 39338 Beta-BHC Delta-BHC Gama-BHC LindaAe m 0.05 0.1 0.05 0.5 0.5 •5 <0.5 <0.5 < " 34259 3940 ? 39350 Chlordane 0.2 1.0 <1.0 39310 4 4'-DDD 0.1 0.5 <0.5 39320 4,4'-DDE 0.1 0.5 <0.5 39300 4 4'-DDT 0.1 0.5 <0.5 39380 Dieldrih 0.02 0.5 <0.5 34361 Endosulfan I (alpha)_0.1 <0.5 _ 34356 Endosulfan II (betal 0.1 0.5 <0.5 34351 Endosulfan sulfate 0.7 0.5 <0.5 _ 39390 Endrin 0.06 0.5 <0.5 34366 Endrin aldehyde 0.2 0.5 <0.5 39410 He tachlor 0.05 0.5 < 39420 Heptachlor epoxide 0.8 0.5 <0.5 39490 Methox chlor 0.5 0.5 <0.5 39755 Mirex 0.2 0.5 <0.5 39400 Toxaohene 2.4 34671 PCB 1016 0.5 5.0 <5.0 39488 PCB 1221 0.5 12.5 <12.5 39492 PCB 1232 0.5 5.0 <5.0 39496 PCB 1242 0.5 5.0 <5.0 39500 PCB 1248 0.5 7K 39504 PCB 1254 1.0-<2.5 39508 PCB 1260 1.0 2.5 <2.5 Organophosphorus Pesticides: EPA Method 8080 - 3S560 Demeton 2.5 39540 1 Parathion (ethyl) 0.6 Pace 8 OI n Coll lirrnation- Dual Column GC/MS Yes No I Yes j No ©M© ©mow ©-© MIME ©MS ©_® MME ©ICI© MIME E. Herbicides, EPA Method RI Sn Number of chemicals detected in Fraction _ 0 -- Fraction STORET Number 00148 STORET Compound Ouantitation Ouantitation Concentration Confirmation? Number Limit Target Limit' Detected Dual Column 1. Pollutants to be analyzed for: (ug/1) (ug/1) (ug/1) Yes No 39730 2,4•D 12 5.0 < 5.0 39045 Silvex 2 2.5 <2.5 x Ig74n 2 4 ..5-T 2 2.5 <2.5 - Y! x SLUDGE MANAGEMENT PLAN BURLINGTON INDUSTRIES, INC., WAKE FOREST, NC FOR THE LAND APPLICATION OF STABILIZED WASTEWATER TREATMENT PLANT SLUDGE ON FARMLAND AT AGRONOMIC RATES JUNE 22, 1998 I. INTRODUCTION Burlington Industries, Inc. is currently under contract with Environmental Waste Recycling, Inc. (EWR) to provide sludge management services. EWR mobilizes their equipment once per year, or as needed, to remove, transport and land apply drying bed sludge to farmland at agronomic rates in Franklin County under Permit No. WQ0001462 (renewed in July, 1997). There are currently 216.8 acres of land under permit. A detailed plan is kept on file at our office and with the NC-DEM. Below is an outline of the information contained in the plan. A copy of the entire plan can be provided if needed. II. OUTLINE OF PLAN INFORMATION A. GENERAL This section contains general project information including the State of North Carolina Sludge Management Permit Attachment A and Form: LARS 4/91. The Spill Control Plan is included in this section. Also in this section is an explanation of the treatment process. B. CURRENT PERMIT C. ANALYSIS This section contains the EPA Toxicity Characteristic Leaching Procedure analysis (TCLP) and a total sludge analysis. D. SITE This section contains information on the fields identified for sludge applications: topographic maps, serial maps and a vicinity map. Also included is information on the soil types and hand auger boring investigations. Detailed information on the soils is located in the SOIL section. The completed NC-DEM Agreement for Land Application of Waste Sludge to Private Lands can also be found in this section. E. AGRONOMY This section contains the Agronomist Report including loading rate recommendations for nutrients and dry tonnages/ac for each site. F. SOILS This section contains the Soil Scientist Report including loading rate recommendations for nutrients and dry tonnages/ac for particular soils found at the site. Also, the soils analysis performed by A & L Agricultural Labs are located in this section. A detailed description of each soil type existing on each site is found in this section including profile descriptions. Page 2 of 2 III. OPERATIONS A. PLANT SITE Liquid sludge will be pumped into sealed tank trailer and tractor units and transported to the permitted sites. Dewatered sludge will be loaded onto a leakproof transport/application vehicle and transported to the site. B. FIELD An EWR project manager will contact the farmer to schedule applications. Prior to spreading operations, the project manager will flag the site according to the buffer zones listed in the permit. While flagging the site, a suitable off loading area will be selected by an EWR project manager (i.e. away from sensitive areas like ponds drainage area's, homes, excessive slope) where sludge can be transferred from a tanker to the liquid application vehicle. If dewatered operations were utilized, the sludge would be deposited in the field and then loaded by a front end loader to the spreader vehicle. Depending on availability, a combined, liquid or cake transport and application vehicle may be used. Sludge will be surface applied on hay and pasture and on sites with adequate cover. If a cover crop does not exist, the sludge will be incorporated with the soil. The sludge will be spread at predetermined rates specified under permit conditions. C. ACCESS CONTROL Since the sludge will be applied to private lands, no trespassing is allowed on any of the sites. Fencing will be in place to allow for cattle rotations if necessary. D. REPORTING A report showing the date, dry tonnage, cubic yards/gallons, field numbers, acres and pounds per acre applied of nutrients and metals will be generated for each application event. Copies of these reports will be retained by Burlington Industries and submitted to the farm operators by EWR. An annual report will be generated as required in the pernut. ATLANTA, GEORGIA BRUSSELS, BELGIUM CHARLOTTE, NORTH CAROLINA HONG KONG KNOX V ILLE, TENNESSEE MCLEAN, VIRGINIA CRAIG A. BROMBY INTERNET MAIL: cbromby@hunton.com Donald L. Safrit, P.E. Chief, Point Source Branch Division of Water Quality 512 North Salisbury Street Raleigh, North Carolina 27604 RE: Permit transfer Dear Don: HUNTON SIC WILLIAMS P. O. Box log RALEIGH. NORTH CAROLINA 27602 TELEPHONE (919) 899-3000 FACSIMILE (919) 833-6352 (919) 899-3096 January 30, 1998 NEW YORK. NEW YORK NORFOLK, VIRGINIA RICHMOND. VIRGINIA WARSAW,POLAND WASHINGTON. D.C. FILE No.: 53654.000002 DIRECT DIAL: (919) 899-3032 This letter clarifies my letter of January 30, 1998, based on our discussion of February 10, 1998. You indicated that the bullet in the above -referenced letter, regarding the affect that compliance history may have on transfer of the permit, could be somewhat misleading. Generally, if the Division were to reject a transfer based on poor compliance history, no permit would be issued at all, thus mooting the issue of transferability of load allocation. Sincerely yours, s Craig A. Bromby CAB:ds c: A. Preston Howard, Jr., P.E. Steven J. Levitas, Esquire �l� i 3�yRCE ef�p,NCH ATLANTA. GEORGIA BRUSSELS, BELGIUM CHARLOTTE, NORTH CAROLINA HONG KONG KNOXVILLE, TENNESSEE McLEAN, VIRGINIA CRAIG A. BROMBY INTERNET MAIL: cbromby@hunton.com HUNTON & WILLIAMS P. O. Box log AALEIGH. NORTH CA&OLINA 27602 TELEPHONE (919) 899-3000 FACSIMILE (919) 833-6352 (919) 899-3096 January 30, 1998 VIA FACSIMILE (733-9919) FOLLOWED BY HARD COPY Donald L. Safrit, P.E. Chief, Point Source Branch Division of Water Quality 512 North Salisbury Street Raleigh, North Carolina 27604 RE: Permit transfer Dear Don: FGN i SOURCE BRANCH NEW YORK, NEW YORK NORFOLK, VIRGINIA RICHMOND, VIRGINIA WARSAW. POLAND WASHINGTON. D.C. FILE No.: 53654.000002 DIRECT DIAL: (919) 899-3032 This letter confirms our discussion this morning regarding the interaction of permit transfers and the Neuse NSW Rules. You indicated that a permit transfer can be handled as a minor modification to the permit'and that the flow and load allocation are transferred with the permit. Our discussion assumed the following facts: • My client has proposed to purchase a plant facility located within the Neuse Basin; • An NPDES Permit has been issued to the Facility; and • The NPDES Permit allows a daily flow of 5.0 million gallons and contains an effluent limitation for ammonia nitrogen; Based on the Division's interpretation of the Neuse NSW Rules, as applied to the facts of this transaction, I understand the following to be true, : • If the NPDES permit issued to the Facility is conveyed as a part of the transaction, my client would not be considered a new permittee under the Neuse NSW Rules; • The NPDES permit can be transferred to my client by way of a name change or minor modification to the permit; HUNTON 8c WILLIAMS Donald L. Safrit January 30, 1998 Page 2 If a transfer of the NPDES permit to my client is effected, my client, as permittee, would be entitled to discharge at the same flow and nitrogen load currently allocated to the Facility; and • If the Division determines that my client has a poor compliance history with regard to environmental permits, the Division could elect to require an application for a new permit, in which case the flow and nitrogen load allocations would not be passed to the new permittee. If my client provides to the Division information regarding past environmental permit compliance history in advance of the closing of transaction, the Division will be able to assess whether there will be any problem regarding transfer of the permit. This understanding is, of course, contingent on the discovery of additional information indicating poor compliance history which had not been disclosed to the Division. Please review this summary and let me know as soon as possible if any of these understandings are incorrect. As you are aware, resolution of this issue can significantly influence the value of the Facility and is therefore very important to my clients in considering the transaction. Sincerely yours, 4. 6x-"-t Craig A. Bromby CAB:ds c: A. Preston Howard, Jr., P.E. Steven J. Levitas, Esquire