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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