HomeMy WebLinkAboutNCS000349_NameOwnership Change request_20140825 Division of Water Quality / Surface Water Protection FOR AGENCY USE ONLY
1 Date Received
_ r Year Month I Day
National Pollutant Discharge Elimination System !
NCDENR y
NpFiAi C. OUf DE "EM of PERMIT NAME/OWNERSHIP CHANGE FORM
EM-0—EW AMA NRLMQAL ReS ncE
1. Please enter the permit number for which the change is requested.
NPDES Pen-nit (or) Certificate of Coverage
N I C I S 10 1 0 1 0 1 3 4 9 1 N I C I iG
ll. Permit status prior to requested change.
a. Permit issued to(company name): Lumberton Energy, LLC
b. Person legally responsible for permit: Kyle Michael
First MI Last
Facility Manager
Title
1838 NC 11 & 903
Permit Holder Mailing Address
Kenansville NC 28349
City State Zip
(207) 712-5032 ( )
Phone Fax
c. Facility name(discharge): Lumberton Energy, LLC
d. Facility address: 1866 Hestertown Road
Address
Lumberton NC 28358
City State Zip
e. Facility contact person: Kyle Michael 207-712-5032
First /MI 1 Last Phcme
III. Please provide the following for the requested change(revised permit).
a. Request for change is a result of ® Change in ownership of the facility
❑ Name change of the facility or owner
If'other please explain:
b. Permit issued to(company name): Lumberton Investments 1, LLC
c. Person legally responsible for permit: Thomas J McKittrick
First MI Last
Mana g Member
Title
5320 Old Pineville Road
Permit Holder Mailing Address
Charlotte NC 28217
City State Zip
(704) 364-91Q0 tomCayforsiteinc.com
Phone E-mail Address
d. Facility name(discharge): Lumberton Investments 1,LLC
e. Facility address: 1866 Hestertown Road
Address
Lumberton NC 28358
City State Zip
f. Facility contact person: Thomas J McKittrick
First M 1 Last
(704) 364-9100 tomC&forsiteine.eom
Phone E-mail Address
Revised 2012Apr23
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact:
First M 1 Last
Title
Mailing Address
City State Zip
(
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
XYes
❑ No (please explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
This completed application is required for both name change and/or ownership change
requests.
Legal documentation of the transfer of ownership(such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
.....................................................................................................................
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, Kyle Michael, attest that this application for a name/ownership change has been reviewed and is accurate
and complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
` iz.��
Signature Date
APPLIC T CERTIFICATION
I,Thomas J. McKittric , at st that this application for a name/ownership change has been reviewed and is
accurate and comp e to t e best of my knowledge. I understand that if all required parts of this
application are t comp ted and that if all required supporting information is not included,this application
package will a returne as i complete.
Signature Date
....................................
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Revised 7/2008
Book 1960 Page 235
2014005988
ROBESON CO,NC FEE$26.00
STATE OF NC REAL ESTATE EXTX
�- $180.00
PRESENTED&RECORDED:
08-06-2014 11:44:42 AM
..�.. VICKI L LOCKLEAR
aer�aa oc o�os
BY:TOMASA MORALES PEAVY
� �Sw7ANY
BK: D 1960
This certifies that PIN: ; 1018 03 00101
is free of any delinquent ad valorem Tax liens PG: 235-242
charged to the Robeson County Tax Collector;
but does not ce "fy that the deed description
es is In
Mapping Technician Signature ate
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $[ Nato]
Parcel Identifier Nos. 1018-03-00101 Verified by County on the _ day of
2014
By:
HOLD:R. DAVIS, ATTY.
Mvs;1/43ex te: Daniel J. Burke Jr., Armstrong Teasdale LLP, 7700 Forsyth Blvd., Suite 1800, St.
Loins,Missouri 63105-1847
This instrument was prepared by: Cheryl D. Steele, Horack, Talley, Pharr & Lowndes, P. A.,
2600 One Wells Fargo Center, 301 South College Street,Charlotte,NC 28202-6006
THIS DEED made this 5th day of August,2014,by and between
GRANTOR GRANTEE
Lumberton Energy,LLC,a Delaware limited Lumberton Investment 1,LLC,a North Carolina
liability company limited liability company
c/o ReEnergy Biomass Operations LLC c/o Forsite Development,Inc.
30 Century Hill Drive, Suite 101 5320 Old Pineville Road
Latham,New York 12110 Charlotte,North Carolina 28217
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
LEGAL02134985437v2
Book 1960 Page 236
WITNESSETH, that the Grantor, a Delaware limited liability company, for a valuable
consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or
parcel of land situated in Lumberton, Robeson County, North Carolina and more particularly
described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
The property hereinabove described was acquired by Grantor by instrument recorded in Book
1738, Page 809 of the Robeson County Registry.
The property hereinabove described does not include the primary residence of Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title
as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all
persons claiming by,under or through Grantor,other than as set forth herein.
Title to the property hereinabove described is hereby conveyed subject to those matters described
on Exhibit B attached hereto and incorporated herein by reference.
(Remainder of Page Intentionally Left Blank)
LEGAL02/349$5437v2
---book 1960 Page 237
IN WITNESS WHEREOF, the Grantor has dilly executed the foregoing as of the day
and year first above written.
LUMBERTON ENERGY,LLC
By: tip/ /7b"''+cl— (Seal)
William H.Ralston
Chief Risk Officer
LEGAL0W4985437v2
oak 1960 Page 238
State of New York, County of Rensselaer
1, the undersigned Notary Public of the County and State aforesaid, certify that William
H. Ralston, personally came before me this day and acknowledged that he is the Chief Risk
Officer of Lumberton Energy, LLC, a Delaware Iimited liability company, and that by authority
duly given and as the act of such entity, he signed the foregoing instrument in its name on its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, this f-day of
2014.
My Commission Expires: S V ik
DIANE L.WAGNER
Notary Public, State of New York
Qualified in Rensselaer County
Notary Public My Commission Expires 05106 I-e -
The foregoing Certificate(s)of
is/are certified to be correct. This instrument and this certificate are duly registered at the date
and time and in the Book and Page shown on the fast page hereof.
Register of Deeds for Robeson County
By: Deputy/Assistant-Register of Deeds
LEGAL02/34985437v2
Book 1960 Page 239
EXHIBIT A
All byes Muria#cart of palnal of lead in L mbedlon TOWAdtip,Rabwon County.North QwoW a,
lying*uut]miles wugm*of the aeaeer of do Chy of Gmsberwa,N.C.on the wedem slob of
but sot a4wa t 10 Paved Semudwy Raid 2w sod■4ohdag tiro Lu* ww cc&r2=jy, of
RVOW R.Wfi N=on the wt.Hwo u^d Cowper W too soO&and'West Pob"? pperdl,bra,on
all other sides and being more padieulady desoibod as Follows:
BO(]MINO at an existing ooncsob sooanmog the sixteenth COMM of the original 57.6
am oftract ofwhicb this is a pad as lows In Deed Bode 562,at pop 777.also being a comm
of RmnU R.WIM=s and i-t+wwwd Cooper,now or haudy(said polar of MMWNIN0 barring
the N.C.Ofld coordinates x--ZW1,I94.62,y-305,1 M.22N and trans theme with the lino of said
origiaai tract sad the lino of Rum Willlams,saw or fanwrly,North 1 degms 42 tts mow 20
seconds East IO 1 tt,44[sot to an Jena tod;dwom Worth 81 rlepva 17 mini 2.0 secon4 wet
675.30 feet to an ima rod;dome Sw&3 dagnm$6 minutes 20 wocads Wert 739.0 feet to in
existing Iron Pips,a o omar with Howerd Coopor sod the eighteenth comer of acid origiad trao4
storks wig sdd origlaai liar South 63 degmw 37 miorr 20 wco=h Past 461.0 fast to sip
eadsgng pump piM Ow savcnteeath comn of said cdghW tract;theaca Oonti Ldit with fad
ariglgal lira South 52 degmes 50 mbwtcx 20 secede East 194.0 foot to the BEGD;N M.
aoaWling 13.03 me ume or lack as roars particaisrriy s}r man on a"Surer y fu C.ogetttrix
[casing Corpwsdon"&4W Odober 10.1M by Johmy W.Nobles sad A►mc6te%&xtvnyom
And being put of that 57.1 we tract cow yad by Camd Developmeed Cwpor*d=and
Robert E Fr„aasaa and wife„Mabla McK.Fxrcamaat.to West Poiet-Papperell,Inc,by deed 4@W
Au&M 14, 1914 and recorded In Deed Book S62,at paps 777,Robeson Coxwy Regloy.
Together with all right,title, interest and obligations of the Grantor more fully described in the
Non-Exclusive Easement Agreement recorded on June 19, 2003 in Book 1315,Page 167 of the
Robeson County Registry.
LEGAL02I34985437v2
Book 1960 Page 240
EXHIBIT B
PERMITTED TITLE EXCEPTIONS
1. Real Estate Ad Valorem Taxes for the year 2014 and subsequent years, not yet due and
payable.
2. All other matters of record recorded or filed in the applicable records of Robeson County,
North Carolina with respect to the real property conveyed hereby.
3. Rights of tenants(and subtenants)and/or lessees (and sublessees)in possession under any
recorded or unrecorded leases or rental agreements.
4. All matters or conditions affecting the real property conveyed hereby that would be
disclosed by an inspection and/or survey of the real property.
LEGAL02/34985437v2
ook 1960 Page 241
WRITTEN CONSENT OF THE SOLI;MEMBER
OF
LUMBERTON ENERGY,LLC
The undersigned, being the sole member(the "Member") of Lumberton Energy, LLC, a
Delaware limited liability company (the "Company"), hereby adopts and takes the follows
actions pursuant to these resolutions.
Appointment of Officers
WHEREAS, the Member deems it to be advisable and in the best interests of the
Company to remove all of the existing officers of the Company and appoint new officers
effective as of September 1, 2013 (the"Effective Date").
NOW, THEREFORE, BE IT RESOLVED, that following are appointed and
authorized to act as officers of the Company:
Larry D. Richardson Chief Executive Officer and President
Thomas E. Beck Chief Commercial Officer
William H. Ralston Chief Risk Officer and Secretary
Mark L. Fidler Chief Financial Officer
Gregory M. Leahey Senior Vice President
.Tames B. White Vice President of Energy Operations
RESOLVED,FURTHER,that these appointments and authorizations are effective as of
the Effective Date.
General Authorizing Resolution
NOW, THEREFORE, BE IT RESOLVED, that the Company hereby ratifies and
confirms any and all acts heretofore taken in connection with the foregoing resolutions by the
duly authorized representatives of the Company in good faith in their capacity as such of the
Company as valid and binding acts of the Company duly approved by the Member;and
RESOLVED, FURTHER, that the authorized representatives of the Company be, and
each of them hereby is,authorized and directed, for and on behalf of the Company, to execute all
such instruments, documents and certificates, and to take all such further and other action in
connection with the resolutions adopted above as it may deem necessary, advisable or proper to
effectuate the intent and accomplish the purposes of these resolutions.
Written Consent ofthe Sole Member ofLurnberton Energy, LLC
ook 1960 Page 242
IN WITH WHEREOF, the undersigned has executed this Action by Written
Consent as of this AAay of September,2013.
EMERALD CLEAN POWER LLC
By
me:
Title:Authorize*Perso
tEQAIAQl3140 MY1 2