NC0081493_Renewal Application_20160401

401,1 ti
Boone Brands
. -,1� Gill„ •
RECEIVED/NCDEQ/DWR
Mr. Wren Thedford APR O 1 2016
NC DENR/DWR/NPDES Unit Water Qualit
Raleigh, NC Permitting section
March 30, 2016
Dear Mr.Wren,
I am requesting renewal of the Permit for this facility that expires September 31, 2016. The Permit number is NC
081493 and was first issued in June of 1995.
This business is no longer owned by Bost Dist. and is now Boone Brands. While we continue to hold a discharge permit
this facility has not discharged any wastewater into it's lagoons since 2007. All process waters are sent to the City of
Sanford WW Treatment System.
We desire to maintain our Permit so that if for some unforeseen reason in the future we could return to onsite
treatment if necessary.
This is a cannery plant and all products are canned so that wash down water is our only discharge. There is no sludge
produced from this operation so that no residuals management is necessary.
If I can supply any further information necessary for this renewal please let me know.
Sincerely,
A ri
i F1
Ron So ntag
General Manger
919-775-5931 * 919-774-1627 * 2209 Boone Trail Road * Sanford, NC 27330

NPDES PERMIT APPLICATION —SHORT FORM C—Minor Industrial
Minor industrial,manufacturing and commercial facilities.
Mail the complete application to:
N.C.Department of Environment and Natural Resources
Division of Water Quality 1 NPDES Unit
1617 Mail Service Center,Raleigh,NC 27699-1617
RECEIVEDINCDEUDWR
•
NPDES Permit Number NCOO5l3 APR 0 1 2016
Please print or type. Water Quality
Permitting Section
1. Contact Information:
Owner Name Y r
L(.e-
Facility Name 'tonne 3rMids
Mailing Address , i-r
,� Box
City 5.a -a)
ryi
State/Zip Code f� C. ,:q-7331
Telephone Number ci i q - 1-1S-513/
Fax Number 919 - q r11 _ '(pa,-�
e-mail Address 1 -T
2. Location of facility producing discharge:
Check here if same as above El ` _LiSjCQ.,l o tc1' YJ
Street Address or State Road « ' i=COi,VL T - _ j
,11
City
State/Zip Code aq 33 t
County Q
3.Operator Information:
Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge/or ORCJ
Name $. xj. •Il U( iv3 s LLC "1r3A o-e.egainols
Mailing Address .'Po ex34- f
City Sa b_ `
State/Zip Code kr, ia�!331
Telephone Number G i Q, _ 195-q 3j
Fax Number q q — rir7,L_ 162all
4. Ownership Status:
Page 1 of 5
C41110/08

, •
•
NPDES PERMIT APPLICATION —SHORT FORM C—Minor Industrial
Minor industri I,manufacturing and commercial facilities.
Federal ❑ State
Private 0 Public 0
5: Standard Industrial Classification (SIC)code(s): o90`� a-O D aoq
6. Number of employees: 35
7. Describe the treatment system List all installed waste treatment components with capacities, describe the
processes that generate wastewaters. if the space provided is not sufficient attach a separate sheet of paper with
the system description.
d OANI13 ma c - 0-0--eafrwraincL
8. Is facility covered under federal effluent limitation guidelines? No
If yes,specify the category? Yes 0
9. Principal product(s) produced: Cin 1.
-._.ted (Lnd
Principal raw material(s)consumed: JA;la l o a�
Briefly describe the manufacturing process/es):_
'�Y L �cvr` i� c� �� �C.pa f rr`e,r • o rU uLt_
Cfsr poo d wyNoi 13, 1mcALt.,—firer g c Q-Cid la")-dCLd
.boodca�r��l p Q f1Q1n r aJt) UiLAL/ •
ob nuo ho.c tiz_r,,a2/3 vf,r\ sZa,� � a rY,me,r Q K
1rlaF a-Lk oceazazi a x d 4 kkin , — 3- -1-0 CJr laza tiyr,c,y.%
ni\aav -3 St-t3 kan r r`a- Str_Laczci . )'c n --0k-a tee_
3L&1. -k \ Q ..nr. " +v U trd) L 5.661Jm rac
nizzo
cytashaN 4 0 -tkQ bcak4 `;L uL Xaf\ C Akkj dim w
6.00-ury,1- , co,* are_.4-ty_n twociev
pLt`x-es t�Yl Vti'�JyL� 'r 1
Page 2 of 5
C-MI 10108

NPDES PERMIT APPLICATION —SHORT FORM C—Minor Industrial
Minor industrial, manufacturing and commercial facilities.
10.Amount of principal product produced or raw material consumed
'List s.ecific amounts consumed and/or units of a reduction over the last three ears
Product Produced or Raw Material Product Produced or Raw Material
Consumed Consumed
AVERAGE PEAK
per Day S Qi O
per Month '110 00 b� • GOO
per Year 3 a ofs
11. Frequency of discharge: Continuous[
•
If intermittent: Intermittent 0
Days per week discharge occurs:
Duration:
12. Types of wastewater discharged to surface waters only
Discharge Flow
GALLONS PER DA
Sanitary-monthly average
Utility water, etc.-monthly average
n� ,
Process water- monthly average
Stormwater—monthly average
Other—monthly average
Explain:
Monthly Average
total discharge (all types)
13. Number of separate discharge points: Outfall Identification number(s)
( ) ODS
14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude
and longitude):
re lop
< ae
Page3of5
C-M110/08

RECEIVED/NCDEQ/DWR
• gAial.i.a
S
• APR 072016
NCDENR ,i,,,,
Water Quality r.
North Carolina Department of Environment and Natural Rescf9 Section
Division of Water Resources
Pat McCrory John E.Skvarla,III
Governor WATER QUALITY PERMITTING SECTION Secretary
- ' PER OT NAME/OWNERSHIP CHANGE-REQUEST - ' -
"ThisAU* is for ownership changes or name changes ofiNPDES wastewater permits.°
a 'Periiiittee",references the existing,perinit holder.
;• "Applicant".references the entity applying for'the ownership/nail-id change.
I. NPDES Permit No.,(/br which the change is-requested): -N c 0 0 <614c1
or
Certificate of Coverage#: N C G 5
II. Existing Permittee Information:
a. Penmit.issued to(company name); .?*)- 'w r t' I-Ct rn3 £k vy
b: Person legally responsible for permit: Wr \/y Sonti-i-Qo
- First MI Las
ilnc1.i•ry , , e r
itle
. c o, ► y1-I 7 _
Permit Holder
Mailing Address
"�cL if l a-9 33 l
City State Zip °-
• gi9) (1r15- .3I (cliff' fir./,-)loari
Phone Fax
� -
c. Facility,name: itiIi c -{f ,-t '.p. •• - 1 lea&•!A• . ,
d. Facility's physical address: &a
Address ' '
City ' State Zip
e. Facility contact person: atmc{ L1 •5 -rck.I _, (919) Or I S ..5q3)
First / MI / Lasf Phone
III.• Applicant Information:
a. Request for change is a result of: • .Change in Ownership of the"facility
0 Name change of the facility or owner
If other please explain:, •
•
b. Permit issued to(company name): i/r1 Z► n
c. Person legally responsible for permit: l z 1A
First M1
tie
Peivn it Holder Mailing Address
. I—) It ti 1J(_ fit/ a
City State Zip
WP ri l - I vtcn c6Vb i •
Phone E-mail Address COm p
Page I of 2 Revised 7/01/2014

„ ;d: Facility name:
1'o10- 3(11n-0151 old tit' S ,c
Fcility's physical address: ; `,X� —Tri11.1
—r �j� � r
b ; CAddress a 133
City St:r Zip
f. Facility contact person: J 5on
First MI - Last
•
.\ener i 'i-Vt.)YYie,,r
75-5T31 Title,
('p9) (-501')11+-0.01 �� boG,Y�t'AnnarrY1 Cly
Phone -mail Address
IV. Will'the permitted facility continue to conduct the same commercial/industrial activities conducted prior to
this nership or name change?
Yes
❑ No(please explain)
If applicable,the applicant shall submit a major permit inodifioation request to DWR.A major modification shall be
defined as one that increases the volume,increases the pollutant load,results in a significant relocation of the
discharge point,or results in a change in the characteristics of the waste generated.
V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
1. This completed application is required for both name change and/or ownership change requests.
2. 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.
Applicable regulations:40 CFR 122.41,40 CFR 122.61 and ISA NCAC 02H.0114
'The certifications below must be completed and signed by both the permit holder prior to the.change(Permittee),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):
Fattest 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.
irIee
ni , i s re Date
St_ IJA:•725WY
APPLICANT CERTIFICATION
I, ,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
suppo.' _ inform.tion is not,included,this application package will be returned as incomplete.
4}P,a1_ i1,
/hA11/> ignature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Resources
Water Quality Permitting Section
. • 1617 Mail Service Center
Raleigh,North Carolina 27699-1617
NPDES PERMIT NAME/OV NERSHIP CHANGE REQUEST
Page 2 of 2
Revised 7/01/2014

316-°°1 �-
`r ,��'; it .:i::.gg''
SO ORDERED. ''
SIGNED this 13 day of March,2015.
David M.Warren
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
• In re: ) Case No. 14-05495-5-DMW
)
BOST DISTRIBUTING CO. ) Chapter 11
)
Debtor. )
ORDER ALLOWING JOINT MOTION TO DISMISS
CHAPTER 11 CASE OF BOST DISTRIBUTING CO.
THIS CAUSE came before the abovesigned United States Bankruptcy Judge on February
23, 2015 upon the Joint Motion to Dismiss Chapter 11 Case of Bost Distributing Co. that Violet
Portfolio, LLC ("Violet"), Capital Bank, N.A. ("Capital"), Bost Distributing Co., debtor in the
above-captioned case ("Debtor"), and Trigild Incorporated, as court-appointed receiver for
Debtor (in such capacity, "Receiver", and together with Violet, Capital Bank. and Debtor,
collectively, the "Movants"), filed on February 13, 2015 [Dkt. No. 188] (the "Motion").
Movants request in the Motion dismissal of Debtor's above-captioned chapter 11 case pursuant
to sections 105(a), 305(a)and 1112(b) of title 11 of the United States Code, 11 U.S.C. §§ 101 et
seq. (the"Bankruptcy Code"). Based upon a review of the record, the submissions of the parties,
the arguments of counsel before the Court on February 23,2015 and for other good cause shown,
the Court FINDS AND CONCLUDES as follows:
1. All parties in interest in the above-captioned chapter 11 case were served with
notice of the Motion and the Court's Order Granting Application to Reduce Response Time filed
on February 13, 2015 [Dkt.No. 187].
2. 'This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and the Court has
jurisdiction of the Motion pursuant to 28 U.S.C. §§ 157 and 1334.
034869 57304034903011

_-
3. In conjunction with the Court's hearing on the Motion,the Court heard arguments
of counsel regarding, and approved the relief requested by, (1) the Amended Motion to Sell
Assets Free and Clear of Liens and Other Interests with Liens to Attach to Proceeds Pursuant to
11 U.S.C. § 363,to Establish Bid Procedures,and to Approve Compromise that Debtor filed on
February 9, 2015 [Dkt. No. 180] (the "Substantially All Assets Sale Motion") and (ii) the Joint
Motion for Entry of an Order Approving the Sale of 2007 GMC Yukon to James Harrington
Bost, Jr. Pursuant to 11 U.S.C. § 363 that Debtor and Receiver filed on February 9, 2015 [Dkt.
No. 179] (together with the Substantially All Assets Sale Motion,the "Sale Motions").
4. In this case, the consummation of the Court-approved transactions contemplated
by the Sale Motions (the "Transactions") is the best result available for the monetization of
Debtor's assets. However, immediately upon consummation of the Transactions, Debtor's
bankruptcy estate will consist solely of cash in the amount of approximately $47,825.00 (the
"Remaining Assets"),' which amount will be sufficient to pay only a small fraction of the total
claims asserted against Debtor's,bankruptcy estate, and not even enough to pay administrative
expenses arising during the chapter 11 case. Given Debtor's expected cash shortfall after
consummation of the Transactions,Violet and Capital Bank(collectively,the"Purchasers")have
agreed to have their designee (the"Pure aser Designee") assume as part of the purchase price,
pursuant to an agreement among Debtor and the Purchasers (the "Asset Purchase Agreement"),
certain of Debtor's liabilities that constitute administrative expenses contemporaneously with the
consummation of the Transactions.
5. To avoid the incurring of additional, and unnecessary, administrative expenses,
such as quarterly fee payment liabilities arising after consummation of the Transactions and new
year tax reporting obligations (because Debtor's tax year ends on March 31, 2015), a dismissal
of Debtor's above-captioned chapter 11 case must occur contemporaneously with the
consummation of the Transactions and on or prior to March 31,2015.
6. A structured dismissal would be predicated on the satisfaction of each of the
Conditions Precedent (defined below) and, in addition, would preserve business operations,
including approximately 50 jobs. An unconditional dismissal would result in termination of
Debtor's business operations, loss of jobs and disposition of Debtor's assets through liquidation
by secured parties. Debtor would lack the assets to fund either(i) a reorganization or liquidation
plan under chapter 11 or(ii) a liquidation under chapter 7. Therefore, sufficient cause exists to
dismiss Debtor's above-captioned chapter 11 case through a structured dismissal.
7. A structured dismissal of the case would eliminate the accrual of additional
administrative expenses and bring closure in a timely and efficient manner. Through the
structured dismissal authorized hereby, all administrative expenses will be satisfied by either (i)
payment from the Remaining Assets or(ii) assumption by the Purchaser Designee. In addition,
The Substantially All Assets Sale Motion contemplates that the Remaining Assets may be
increased by the Purchaser Designee to account for the administrative expenses of Debtor's
counsel—Hendren&Malone, PLLC.
2
034869 57304034903011

_—,
all chapter 11 quarterly fees and applicable tax liabilities will be paid in full. Accordingly,
dismissal of Debtor's above-captioned chapter 11 case on the terms set forth herein is in the best
interests of the Debtor's estate and creditors.
IT IS,NOW,THEREFORE, ORDERED,ADJUDGED AND DECREED as follows:
1. To expedite the closure of Debtor's receivership proceedings pending before the
Superior Court of Lee County, North Carolina (13-CVS-01119), Receiver shall immediately
upon consummation of the Transactions transfer by wire the Remaining Assets to the trust
account of Hendren & Malone, PLLC, which entity shall serve as disbursing agent with respect
to the Remaining Assets and shall disburse the entirety of the Remaining Assets in accordance
with the provisions of this Order.
2. ,Debtor's chapter 11 case shall be dismissed automatically without need for further
action by the Court on the date (such date, the "Effective Date") on which all of the following
conditions set forth in this Paragraph 1 (the"Conditions Precedent")are satisfied:
(I) Consummation of the Transactions, including the use of the Remaining
Assets to satisfy the lien(s)held by Ally Financial,Inc. on one of Debtor's motor vehicles
that is being transferred in connection with the Transactions.
(II) From the Remaining Assets, payment in full in cash of the following
administrative expense claims:
(a) Quarterly Fee Payments. The chapter 11 quarterly fee payments
due and payable through the Effective Date.
(b) Postpetition Sales and Use Taxes. Sales and use taxes due and
payable to the North Carolina Department of Revenue from the Petition Date
through the Effective Date.
(c) Personal Property Taxes. Personal property taxes due and payable
to Lee County,North Carolina for the 2014 calendar year.
(d) Debtor's Legal Fees and Expenses. Legal fees and expenses of
Debtor's counsel due and payable through the Effective Date, including (i)
$15,430.68 payable to the Sasser Law Firm and(ii) the reasonable and actual fees
and expenses of Hendren&Malone,PLLC.
(e) Receiver's Legal Fees and Expenses. Legal fees and expenses of
Receiver's counsel, Moore & Van Allen PLLC, due and payable through the
Effective Date; provided,that funds Moore&Van Allen PLLC holds in trust as a
retainer shall be used in full before any Remaining Assets are used to pay Moore
&Van Allen PLLC's fees and expenses.
3
034869 57304034903020

(f) Accountant's Fees and Expenses. Fees and expenses of Receiver's
operational accountant, Landry CFO Services, LLC, due and payable through the
Effective Date.
(g) - Tax Preparation Fees and Expenses. Fees and expenses of Squar,
Milner, Peterson, Miranda & Williamson, LLP for tax preparation services on
behalf of the Receiver for purposes of filing Debtor's federal and state tax returns.
(III) Any Remaining Assets remaining after payment of the administrative
expenses set forth in Paragraph 2(II) shall be used to pay the following administrative
expenses set forth in this Paragraph 2(111), with any administrative expenses set forth in
this Paragraph 2(I11)not paid from the Remaining Assets being assumed by the Purchaser
Designee pursuant to the Asset Purchase Agreement:
(a) Receiver's Fees and Expenses. Receiver's fees and expenses due
and payable through the Effective Date.
(b) Debtor's Employee Wages. The salary and hourly wages accrued
but unpaid by Debtor to its employees after the Petition Date through the Effective
Date.
(c) Accrued and Unpaid PostPetition Accounts Payable. The accounts
payable accrued in the ordinary course in connection with the Manufactured
Business after the Petition Date through the Effective Date.
(IV) Assumption by the Purchaser Designee of Debtor's outstanding
obligations owed to Violet on account of extensions of credit Violet made to Debtor for
use by Receiver in the operation of Debtor's manufacturing business after the Petition
Date through the Effective Date pursuant to the loan documents executed by Debtor and
Violet pursuant to that certain Order Authorizing Post-Petition Financing Arrangement
with Violet Portfolio, LLC Pursuant to 11 U.S.C. § 364(d) that the Court entered on
November 7,2014[Dkt.No. 111].
(V) Receiver's filing of a final accounting pertaining to any property of Debtor
that came into Receiver's possession;custody or control.
(VI) Receiver's and Debtor's filing with the Court of a joint notice of the
Effective Date; provided, that if Receiver has been discharged from its duties by the
Superior Court of Lee County, North Carolina prior to the filing of this notice, then
Debtor shall file the same.
3. Debtor shall serve a file-stamped copy of this Order on Debtor's creditor mailing
matrix within two(2)business days of the date of this Order.
4
034869 57304034903020

4. All objections and responses to the Motion, if any, that have not been overruled, •
withdrawn,waived, settled, or resolved,and all reservations of rights included therein,are hereby
overruled and denied on the merits.
[END OF DOCUMENT]
•
•
5
034869 57304034903039

•
SUN-57304 0417-5 pdf001 14-05495
Rebecca F.Redwine
4600 Marriott Drive,Suite 150
Raleigh,NC 27612
034869 34869 1 AB 0.403 91107 9 4 7745-1-34869
I IIIIlii I IIsi+biiiliPuihlill11111 .1 hui 11111111hilliiii
Sabal Financial Group, L.P.
Attn: Managing Agent/Bankruptcy
465 North Halstead, Suite 105
Pasadena, CA 91107-3144
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034869 57304034903039 '