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HomeMy WebLinkAboutNCS000050_COMPLIANCE_20110823--STORMWATER-DIVISION CODING -SHEET --- PERMIT NO. N CS10r00C)1510 DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION 92COMPLIANCE ❑ OTHER DOC DATE ❑ (t o u YYYYM M DD * I y, -� ii iw _ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 23, 2011 Mr. Gerard A. Reverri, Quality Engineer SCM Metal Products, Inc. 2601 Weck Drive PO Box 12166 Research Triangle Park, North Carolina 27709 SUBJECT: Stormwater Compliance Evaluation Inspection SCM Metal Products, Inc. 2601 Weck Drive, RTP Permit No: NCS000050 Durham County Dear Mr. Reverri: Dee Freeman Secretary Mack Wiggins of the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh Regional Office, conducted a stormwater compliance evaluation inspection of SCM Metal Products, Inc. on August 3, 2011, at 2601 Weck Drive in the Research Triangle Park. Your assistance was very helpful and appreciated during the inspection process. The following observations were made during the stormwater inspection: 1. SCM Metal Products, Inc. is located in the City of Durham on 50 acres adjacent to the Research Triangle Park. This location location primarily engages in producing copper powder, copper oxide, Tin Powders and Cubond Brazing Pastes for industrial applications. 2. The facility site has three outfalls. Outfall No. 1 is representative of all three. Outfall No. 1 has a stormwater biotention pond BMP in place. The BMP was assessable, well managed. The pond receives stormwater flow from roof drains, the production plant & warehouse area and parking area between the cubond and production area. The biotention pond had no flow and was not discharging stormwater to outfall no. 1 at the time of the inspection. Stagnant stormwater at outfall No. 1 was turbid at the time of the inspection. Outfall No. 2 receives stormwater flow from parking, roadway and roof drains, administrative offices and the R & D lab area. Outfall No. 3 receives stormwater flow from the roof drains of the micro bond building and main parking area. Qualitative and Analytical monitoring was performed at the stormwater outfalls as required by NCS000050. The facility conducts the stormwater sampling and Tritest performs the analyticals. o e NhCarolina Nawa!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www,ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699.1620 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recydedll0% Post Consumer Paper Mr. Gerard A. Reverri, Quality Engineer SCM Metals Products, Inc. August 23, 2011 4. The Stormwater Pollution Prevention Plan contained all items as required by General Permit NCS000050 with the exception of the feasibility study at the time of the inspection. Via e- mail SCM Metal Products, Inc, has now addressed feasibility study and is currently being implemented in their Stormwater Pollution Prevention Plan. The plan has been implemented and is updated once a year. I. Requirements: 1. At the time of the site visit, the swell behind the cubond & maintenance area appeared to be channeling sediment from the swell and from the catch basin at east Brunson Road to Outfall No. 1. Recommend extending the sediment fence at the east Brunson Road area and installing a sediment trap cloth around the culvert at the end of the swell and at the catch basin at east Brunson Road. Thanks for your cooperation during the inspection. If you or your staff have any questions, please call me at (919)791-4200. Sincerely, y Mack Wiggins Environmental Specialist cc: Central Files RRO File Compliance Inspection Report Permit: NCS000050 Effective: 11/01/06 Expiration: 10/31/11 Owner: SCM Metal Products, Inc. SOC: Effective: Expiration: Facility: SCM Metal Products, Inc. County: Durham 2601 Week Dr Region: Raleigh Durham NC 27709 Contact Person: Gerard Reverri Title: Phone: 919-544-8090 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08103/2011 Entry Time: 11:40 AM Exit Time: 01:07 PM Primary Inspector: Mack K Wiggins ��� Phone: 919-791-4200 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Typa: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000050 Owner- Facility: SCM Metal Products, Inc. Inspection Date: 0810312011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ Cl # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ ❑ Comment: Feasibility study has been address by the permittee, since the last inspection. Permittee is required to include additional language in the feasibility statement. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ 1313 ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 00130 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: The facility does not performed vehical maintenance. Permit and Qutfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ■ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 HEM Metal Products, Inc. August 16, 2010 Mr. Mack Wiggins North Carolina Division of Water Quality Surface Water Protection 1628 Mail Service Center Raleigh, North Carolina 27699-1628 Re: Permit No. NCS000050 SCM Metal Products, Inc. Durham County Dear Mr. Wiggins: Thank you for the prompt report concerning your inspection of SCM's facility on August 9, 2010. Enclosed with this letter is the information you requested during your visit and in your letter. A copy of the letter sent to the Department with SCM's monitoring result is included. You had asked during your visit that a copy be sent to you. Also, the letter documenting the granting of representative status for Outfall 1 is included, per your request in the August 12 letter. Additionally, I wish to rectify a statement made in the observations from the inspection. Observation 2 states that the Bioretention device treats most of the storm run-off that discharges at Outfall No. 1. The Bioretention device treats a portion of the runoff that discharges at Outfall 1 and certainly less than half of the total at Outfall 1. SCM's monitoring plan had shown that a significant amount of copper would be captured by the device if the water from catch basins was treated by a properly sized bio-retention device. Mr. Wiggins, if you have any questions or concerns regarding storm water issues or elements of your inspection, please contact me. Regards, Gerard eft verri ` SCM Metal Products, Inc. Cc: Jill A. Spaulding, Plant Manger SCM Metal Products, Inc. Enc. (2) AUG 18 taro . 2601 Weck Drive, Box 12166. Research Triangle Park, NC 27709. Ph 919.544.8090, Fx 919.544.7996 State of North CarolinO Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Michael W. Alexander Applied Water Technology 621 Hutton Street, Suite 107 Raleigh, North Carolina 27606 Dear Mr. Alexander - ID E= March 8, 1995 N.3a 18 f Subject: Request for Identical Outfall Exemption NCS000050 SCM Metal Products, Inc. 260,1 Week Drive, RTP Durham County Your request to sample the stormwater discharge outfall 001 on your site for purposes of NPDES stormwater indivival permit monitoring requirements has been reviewed by members of the Water Quality Section staff. Your request described two outfalls of which are associated with substantially identical industrial activities -and runoff from access roads and loadinglunloading areas. Based upon staff review of your letter dated February 16, 1995, and attached site maps, we have concluded that the requested determination is warranted and in accordance with Chapter 40 of the Code of Federal Regulation part 122.21 (g) (7). We authorize you to sample at outfall 001 as stormwater discharges representative -of the runoff from the SCM Metal Products, Inc., facility for your NPDES stormwater individual permit monitoring requirements. If you have any questions concerning this authorization, please contact Steve Ulmer at (919) 733- 5083, Ext. 545. cc: Raleigh Regional Office Mike Casselman, SCM Glen Snavely, SCM Sincerely, .r Preston ard, Jr., P.E. MAR $ lg95 APPL]SD WATER TECHNOLOGY Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 9191486-1541 704/663-1699 9ign33-2314 919/946-6481 9191395-3900 9191896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer SEM Metal Products, Inc. August 16, 2010 Division of Water Quality Water Quality Section Attention: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Certified Mail 7004 1350 0002 8891 7483 Re: Permit No. NCS000050 SCM Metal Products, Inc. Durham County Dear Sir/Madam: As required by SCM Metal Products' Storm Water Discharge Permit, Table I presents the result of a sample taken at SCM's representative outfall. This submission is being made to comply with the reporting requirements of SCM's permit for the monitoring period from November 1, 2009 to October 31, 2010 and described in the permit in Section B. Rainfall Copper, Total Event Recoverable Total Rainfall Duration Date of Sample m I H inches Minutes August 27, 2010 0.467 1 8.0 0.4 1 150 Fable ] "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of lines and imprisonment for knowing violations." Jill A. Spaulding Plant Manger Cc: Gerard Reverri SCM Metal Products, Inc. Mr. Mack Wiggins, Environmental Specialist Raleigh Regional Office, SWP ✓ LAUG 18 ?O10 2601 Weck Drive, Box 12166, Research Triangle Park, NC 27709. Ph 919.544.8090. Fx 919.544.7996 • rr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 12, 2010 Mr. Gerald Reverri SCM Metal Products, Inc. 2601 Weck Drive Research Triangle Park, North Carolina 27709 SUBJECT: Stormwater Compliance Evaluation Inspection SCM Metal Products, Inc. Permit No: NCS000050 Durham County Dear Mr. Reverri: On August 9, 2010, Mack Wiggins of the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh Regional Office, conducted a stormwater compliance evaluation inspection of SCM Metal Products, Inc. facility, at 2601 Weck Drive, Research Triangle Park, NC. Your assistance and cooperation was very helpful and appreciated during the inspection process. I. The following observations were made during the stormwater inspection: This facility has two stormwater outfalls. The outfaIls are listed as outfall No. 1 and outfall No. 2. Analytical Monitoring is currently being performed only at outfall No. 1. Qualitative is being performed at both outfalls as required. Outfall No. 1 has representative status. During the time of the inspection, discharge from outfall No. 1 was clear and free of debris. Discharge at outfall No 2 appeared to be clear as well. 2. The facility has installed a Bioretention pond. This structural BMP is well maintained and treats most of the stormwater run-off that discharges at outfall No. 1. 3. All monitoring is performed as required by individual stormwater permit NCS000050. Analytical and qualitative results are recorded on the forms provided by DWQ. 4. Analyticals are conducted by Tritest. SCM performs qualitative monitoring and collects the samples. 5. The facility does provide all necessary secondary containment for bulk storage of liquids as required. 6. The Stormwater Pollution Prevention Plan is updated once per year, and include employee training. One NbCarolina Aukra!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www.newaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal 0pportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Mr. Gerard Reverri< ` • SCM Metal Prodl cts.'In' f August 12;20t0�' II. Requirements 1. Part II Section A item 2 (a) feasibility study must be addressed in your Stormwater Pollution Prevention Plan. 2. Please mail to this office (Letterhead address) a copy of documentation giving this site (Outfall 1) representative outfall status. Thanks for your cooperation during the inspection. The facility is implementing its stormwater program as required. If you or your staff have any questions, please call me at (919)791-4200. Sincerely Mack Wiggins Environmental Specialist Raleigh Regional Office, SWP cc: Central Files �RRO File Compliance Inspection Report Permit: NCS000050 Effective: 11/01/06 Expiration: 10/31/11 Owner: SCM Metal Products, Inc. SOC: Effective: Expiration: Facility: SCM Metal Products, Inc. County: Durham 2601 Weck Dr Region: Raleigh Durham NC 27709 Contact Person: Gerard Reverri Title: Phone: 919-544-8090 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Reprosentative(s): Related Permits: Inspection Date: 08/09/2010 Entry Time: 11:14 AM Exit Time: 12:53 PM Primary Inspector: Mack K Wggins 1/ k w Phone: 919-791-4200 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Inspection Type: Stormwater Page: 1 0 • Permit: NCS000050 Owner -Facility: SCM Metal Products. Inc. Inspection Date: 08/09/2010 Inspection Type: Stormwater Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCS000050 Owner - Facility: SCM Metal Products. Inc. Inspection Date: 08/0912010 Inspection Type: Stormwater Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a'Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ 13 Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑ ❑ Comment: The facility is implementing its SPPP plan as required. The faciity is evaluating feasible alternatives but the plan need to reference and address feasibility Part It Section A 2 (a) feasibility study in the beginning of your SPPP plan. Qu8litatiVe_MOnitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: The facilty has conducted analytical monitoring as required. The facility does not performed any vehical maintenance. Permit and Outfails Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ■ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 Permit: NGS000050 Owner - Facility: SCM Metal Products, Inc. Inspection Date: OW0912010 Inspection Type: Stormwater Reason for Visit: Routine Comment: Please provide a copy of documentation giving representative outfall status in reference to stormwater outfall No. 1. Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2009 Mr. Gerald Reverri SCM Metal Products, Inc. 2601 Weck Drive Research Triangle Park, North Carolina 27709 SUBJECT: Stormwater Compliance Evaluation Inspection SCM Metal Products, Inc. Permit No: NCS000050 Durham County Dear Mr. Reverri: On September 17, 2009, Mack Wiggins of the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh Regional Office, conducted a stormwater compliance evaluation inspection of SCM Metal Products, Inc. facility, at 2601 Weck Drive, Research Triangle Park, NC. Your assistance and cooperation was very helpful and appreciated during the inspection process. I. The following observations were made during the stormwater inspection: 1. This facility has two outfalls listed as outfall 1 and outfall 2. Monitoring is currently being performed only at outfall 1. Outfall I has representative status. During the time of the inspection, discharge was clear and below the weir at outfall 1. Discharge at outfall 2 was clear as well. 2. All monitoring is performed as required by individual stormwater permit NCS000050. Analytical and qualitative results are recorded on the forms provided by DWQ. 3. Analyticals are conducted by Tritest. SCM performs qualitative and collects samples. 4, The facility does provide all necessary secondary containment as required. 5. The Stormwater Pollution Prevention Plan is updated once per year, and include employee training. The SPPP was found to be in compliance with their individual Stormwater Permit NCS000050. One hCarolina Ntmrallff North Carolina Division of Water Quality Raleigh Regional office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www,ncwaterquality.org , 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623.6748 An Equal opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Mr. Gerard Reverri + , SCM Nletal Products, Inc. October 22, 2009 Thanks for your cooperation during the inspection. If you or your staff have any questions, please call me at (919)791-4200. Sincerely Mack Wiggins Environmental Specialist Raleigh Regional Office, SWP cc: Central Files ,RRO File C� J Compliance Inspection Report Permit: NCS000050 Effective: 11/01/06 Expiration: 10/31/11 Owner: SCM Metal Products, Inc. SOC: Effective: Expiration: Facility: SCM Metal Products, Inc. County: Durham 2601 Weck Dr Region: Raleigh Durham NC 27709 Contact Person: Gerard Reveal Title: Phone: 919-544-8090 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 09117/2009 Entry Time: 03:07 PM Exit Time: 03:40 PM Primary Inspector: Mack K Wiggins Phone: 919-791-4200 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Questfon Areas: Storm Water 9 (See attachment summary) inspection Type: Compliance Evaluation Page: 1 Permit: NCS000050 Owner - Facility. SCM Metal Products, Inc. Inspection Date: 09/17/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCS000050 Owner - Facility: SCM Metal Products, Inc. Inspection Date: 0911712009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ Cl ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ Cl # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring_ Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Qualitative monitoring is performed as required by their stormwater individual permit at outfall No. 1. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ Cl Comment: Analytical monitoring is performed as required by their stormwater individual permit at outfall No. 1. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ■ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ Cl ❑ Page: 3 a$ Permit: NCS000050 Owner - Facility: SCM Metal Products, Inc. inspection Date: 09/17/2009 Inspection Type: Compliance Evaluation Reason forVislt: Routine Comment: Page- 4 1 �oF W A rFR o �c Mr. James E. Myers1 SCM Metal Products, Inc. a 2601 Weck Drive Durham, NC 27709 Dear Mr. Myers, \ �I • Michael F. Easley, Goveiror William G. Ross,Jr., Secretary .I North Carouaa Department of Environment and Naaual Resources .l Alan W Klimek, P.1 ., D11'ect0r Division of Water Quality October 14, 2005 Stormwater Compliance Evaluation Inspection NPDES Permit No. NCS00005O Durham County On October 3, 2005 Mr. Mack Wiggins and Mr. Chad Coburn of the Raleigh Regional Office conducted a stormwater inspection of the SCM Metal Products, Inc, facility with the assistance of Mr. Russell Laws and Mr. Gerard Reverri, who represented the facility during the inspection. Their assistance was greatly appreciated. Findings during the inspection are as follows: 1) Outfall 01 and outfall 02 covered under the permit were observed. Representative outfall 001 was clear and outfall 0O2 as well. There was no evidence of spills, overflows or similar incidents within the area at either outfall. 2) The Stormwater Pollution Prevention Plan (SPPP), Stormwater Management Plan (SMP) and a Spill Prevention and Response Plan (SPRP), were reviewed and found to be in compliance with the general permit. Records of a preventative maintenance and good housekeeping program were reviewed and found to be in order. 3) Records of a facility inspection program were reviewed and maintenance activities were documented. 4) Records of analytical monitoring and qualitative monitoring were reviewed and found to be in compliance with the general permit. Attached is the checklist generated as a result of this inspection and forms to be used for analytical and qualitative monitoring. If you have any questions concerning the inspection, please call me at (919) 791-4200. Sincerely, Mack Wiggins Environmental Technician Cc: Central Files One NU'thCarol In ,11�aiurrt!!U North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.mus 1628 Mail Service Center Raleigh, NC 27699-1628 . FAX (919) 571-4718 1-877-623-6748 00 United States Environmentat Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Com liance Inspection Re Ort Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yrlmolday inspection Type Inspector Fac Type 1 .2 U 31 l NCS000050 111 121 05/10/03 117 18J 19J 20t_! Remarks 2111111111_Jill IIII 11111111111111111111 111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA- 671 169 70LJ 71 I 1 I 72U 73W 74 751 I I I � i 80 �uI Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also Include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date SCM McCa1 Products, Inc. 11:2D AM 05/10/03 99/11/19 Exit Time/Date Permit Expiration Date 2601 Weck Dr Durham NC 27709 12:40 PM 05/10/03 04/12/31 Name(s) of Onsite Representative(s)/Tities(suPhone and Fax Number(s) Other Facllity Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Russell C Laws,2601 Weck Dr Durham NC 27709//9195448090257/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Records/Reports Facility Site Review Effluent/Receiving Waters Storm Water Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Maacc/kK Wiggins RRO WQ//919-733-5083 Ext.521/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. 00 NPDES yr/mo/day Inspection Type 1 3I I NCSOOD050 I11 1205/10/03 I17 18t_i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) r, '. "./ - , ';;� 0* 00 Permit: NCS000050 Owner - Facility: SCM Metal Products, Inc. Inspection Date: 10/03/2005 Inspection Type: Stormwater Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the parmittee submitted a new application? Q ❑ ■ ❑ is the facility as described in the permit? ❑ 0 ■ ❑ Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: This is a stormwater individual permit. Record Keeping _..- ..._..---.--...— — - Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ Cl ❑ Is all required information readily available, complete and current? ■ ❑ ❑ Q Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ Q Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ it Has the facility submitted its annual compliance report to users and DWQ? ■ Cl ❑ Q (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? Q o ■ ❑. Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ■ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ■ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ Cl ❑ Facility has copy of previous year's Annual Report on file for review? ❑ Q ■ ❑ Comment: No stormwater treatment on site. Discharge at a representative outfalI. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? Q Cl ■ ❑ Comment: Stormwater outfall. Effluent level below the weir. Not discharging at the time of Inspection. Stormwater was clear and odorless. NPDES REGIONAL WATER QUALITY STAFF REPORT AND RECOMMENDATIONS (This form is Best filled out on computer, rather than hard copy) Date: 10/04/2005 County: Durham To: NPDES Dischar a Permittin .Unit Permitee: SCM Metal Products, INC. Attn. NPDES Reviewer: Bethany Geogoulias Application/ Permit No.: MS000050 Staff Report Prepared By: Mack Wiggins Projeci Name: SCM Metal Products Inc. SOC Priority Project? (YIN) N If Yes, SOC No. A. GENERAL INFORMATION i . This application is (check an that apply): ❑ New ® Renewal ❑ Modification 2. Was a site visit conducted in order to prepare this report? ® Yes or ❑ No. a. Date of site visit: 10/03/2005 b. Person contacted and telephone number: Russell C Laws, CSP, 919-544-8090, Safety Manager c. Site visit conducted by: Mack Wiggins rhi W d. Inspection Report Attached: ❑ Yes or ® No. 3. , Keeping BIMS Accurate: Is the following BIMS information (a. through e. below) correct? ® Yes or ❑ No. If No, please either indicate that it is correct on the current application or the existing permit or provide the details. If none can be supplied, please explain: Discharge Point: (Fill this section only if BIMS or Application Info is incorrect or missing) (If there is more than one discharge pipe, put the others on the last page of this form.) a. Location OK on Application ®, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ®, OK on Existing Permit ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: D23NW d. Latitude/Longitude OK on Application ❑, (check at httn://www.topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: 355600 Longitude: 785101 e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: Unnamed Tributary to Northeast Creek a. Stream Classification: C NSW b. River Basin and Sub basin No.: 030605 c. Describe receiving stream features and downstream uses: Northeast Creek NPD*REGIONAL WATER QLWITY STAFF REPORT AND RECOMMENDATIONS For NEW FACILITIES Proceed to Section C. Evaluation and Recommendations (For renewals or modifications continue to section B) B. DESCRIPTION OF FACILITIES AND WASTE(S) (renewals and modifications only) 1. Describe the existing treatment facility: Stormwater discharge. 2. Are there appropriately certified ORCs for the facilities? ❑ Yes or ® No. Operator in Charge: Certificate # (Available in BIMS or Certification Website) Back- Operator in Charge: Certificate # 3. Does the facility have operational or compliance problems? Please comment: Summarize your BIMS review of monitoring data (Notice(s) of violation within the last permit cycle; Current enforcement action(s)): Are they currently under SOC, ❑ Currently under JOC, ❑ Currently under moratorium ❑? Have all compliance dates/conditions in the existing permit, ,SOC, JOC, etc. been complied with? ® Yes or.❑ No. If no, please explain: 4. Residuals Treatment: PSRP ❑ (Process to Significantly Reduce Pathogens, Class B) or PFRP ❑ (Process to Further Reduce Pathogens, Class A)? Are they liquid or dewatered to a cake? Land Applied? Yes ❑ No ❑ If so, list Non -Discharge Permit No. Contractor Used: Landfilled? Yes ❑ No❑ If yes, where? Other? Adequate Digester Capacity? Yes ❑ No ❑ Sludge Storage Capacity? Yes ❑ No ❑ Please comment on current operational practices: 5. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes or ® No. If yes, please explain: C. EVA L UA TION AND RECOMMENDATIONS 1. Alternative Analysis Evaluation: has the facility evaluated the non -discharge options available? Give regional perspective for each option evaluated: Spray Irrigation: Connect to Regional Sewer System: NA Subsurface: Other Disposal Options: FORM: NPDES-RRO 06/03, 9/03 2 • R REGIONAL WATER 14LITY STAFF REPORT AND RECOMMENDATIONS 2. Provide any additional narrative regarding your review of the application: This is a stormwater renewal for an individual permit. 3. List any items that you would like NPDES Unit to obtain through an additional information request. Make sure that you provide a reason for each item: Recommended Additional Information 4 Reason . 4. List specific Permit requirements that you recommend to be removed from the permit when issued. Make sure that you provide a reason for each condition: Recommended Removal I Reason S. List specific special requirements or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: I. Recommended Addition I Reason 6. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office; ❑ Hold, pending review and approval of required additional information by NPDES permitting office; ® Issue; ❑ Deny. If deny, please state reasons: Reminder: attach inspection report if Yes was checked for 2 d. 7. Signature of report preparer Signature of WQS regional Date: k Zu v S FORM: NPDES-RRO 06/03, 9/03 3 0 • REGIONAL WATER UqLITY STAFF REPORT AND RECOMMENDATIONS D. ADDITIONAL REGIONAL STAFF REVIEW ITEMS Ifthis page is not used, PLEASE set printer for pages 1 through x to avoid wasting paper. Use this page for facilities with more than one Discharge Pipe Discharge Point: (Fill this section only if B)<MS or A lication Info is incorrect or missing . Di PP, _ .. a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing Permit ❑, or provide Driving Directions (please be accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on Application ❑, (check at http://topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification:, b. River Basin and Sub basin No.: c. Describe receiving stream features and downstream uses: Discharge Point: (Fill this section only if BIMS or Apulication Info is incorrect or missin a. Location OK on Application ❑, OK on Existing Permit ❑, or provide Location: b. Driving Directions OK on Application ❑, OK on Existing Permit ❑, or provide Driving Directions (please be'accurate): c. USGS Quadrangle Map name and number OK on Application ❑, OK on Existing Permit ❑, or provide USGS Quadrangle Map name and number: d. Latitude/Longitude OK on 'Application ❑, (check at.http://topozone.com These are often inaccurate) OK on Existing Permit ❑, or provide Latitude: Longitude: e. Receiving Stream OK on Application ❑, OK on Existing Permit ❑, or provide Receiving Stream or affected waters: a. Stream Classification: b. River Basin and Sub basin No.: FORM: NPDES-RRO 06103, 9/03 4 ' N!ESREGIONALWATER' Q OITY STAFF REPORT AND RECOMMENDATIONS c. Describe receiving stream features and downstream uses: d. This is a stormwater renewal. The discharge point is a representative discharge. The facility had a working Stormwater pollution prevention plan in place. Both analytical and quantitative monitoring was being performed as required by the individual permit. The Raleigh Regional Office, Surface Water Protection recommend that the permit be issued. FORM: NPDES-RRO 06/03, 9/03 wA7F9 �O 7 `? r p � January 25, 2005 Russell C. Laws SCM Metal Products, Inc. 2601 Weck Drive Research Triangle Park, North Carolina 27709 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit name or ownership change request Permit NCS000050 Your request for a permit name change or ownership change received on 01 , is being returned due to: ❑ Permit Name/Ownership Change Form is missing. ❑ Permit Name/Ownership Change Form is incomplete. ❑ Permit Name/Ownership Change Form signatures missing. ❑ Missing legal document of the transfer of ownership (such as a contract, deed, articles of incorporation). U Other Ar441-1,e S an O arA�t� t 5 ✓Z r) w np'rSA10* d r Please return the information so we can continue processing your request. If you have any additional questions, please contact Ken Pickle at (919) 733-5083 extension 584, or Sarah Young at (919) 733-5083 extension 502. 'V DWQ Stormwater Permitting Unit Cc: DWQ Central Files SPU nnc N thCaroIina J atlira!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-977-623-6748 An Equal Opportunity/Affirmative Action Empbyer — 50% Recycler1110% Post Consumer paper FROM 5CM METAL PRODUCTS (THU) 1. 13* 05 16: 08/ST. 16: 07/NO. 4861 282449 P I 5CM Metal Products, Inc. 5CM Metal Products, Inc. Russell C. Lars, CSP Manager -Safety & Health FAX 2601 Weck drive, PO Sox 12166 Research Triangle Park, NC 27709 Ph 919.544.8090 ext. 257 Fx 919.544.8332 rlaws9Pgfbraltari.com TO: &A"V Gr�c�r` j4rlia 5 FAX NUMBER: FROM: DATE: NO, OF PAGES: 1 / RE: j�av w W�l ��il' )a'or 19w 'Powers 2FiOS Work rlriva PrI 91-1"Af. 0­­6 T,z­'- i FROM SCM METAL PRODUCTS (THU) 1. 13' 05 16:40/ST. 16:39/NO. 4861282450 P 1 FAX .SCM Metal Products, Inc_ 0 TO: ��� D6" FAX NUMBER: Y;J FROM: VA 1-7 ---WG• !% DATE: NO. OF PAGES: xe ,eedqX 4%�aej d/'iucwjo�v-,. 2601 Welk Drive, Po 90X 12166. Research Triannlw Dark Alnr4h rm,min� -j-7-7ne_7tcc n4 m F ROM,; SCM METAL PRODUCTS (THU) 1. 13' 05 16:09/ST. :6:07/NO. 4861282449 P 2 F wa rF9 o�0pG Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources WATER QUALITY SECTION NAME/OWNERSHIP CRANG1 Alan W. Klimek. P.E.. Director Division of Water Ouality I. CURRENT F ERMLT INI? (?RVATIQ& Permit Numbtr: NICL.�I�I�I�I� Q! or Certificate of Coverage Number. NICIGI l I l_/_ f I 1. Permit holder's name:_ i'l JIJ I�¢�/�/{ Q�t![ _- Ciif ^04 2. Permit's signing official's name and tide: (Person legally responsible for permit) - (Tid T— / 3, Mailing address-. City:_ 1 �YltlN4�liG_ AQr-�- State:_. -_ Zip Code:_ ;EMee ,T Phone: (9�9) .1'ZS H. NEW OWNEWNAME INFORMATION: 1, This request for change is a result of: Change in ownership of company Change in ownership of property/facility ❑ Other (please explain): ❑ Name change for company ❑ Name change for property/facility 2. Owner/Operator Information Company or Owner or Operator Narric:iza/����1�G (name to be put on permit / certificate of coverage) L Owner's/operator's or signing official's namt. Adtv I Title: _ a��p�M T AtMItC.&r Owner Contact: -04 Title: Mailing address: 15got City: lSr+r 4r�' al State: Zip Code: ?%6 Phone: ( qIf)_ - Y rA1,9 E-mail address: 3. Facility Information J „$01 Facility Name: f F ,11 Facility Contact: . l do Title: fit' '. Is Facility Mailing address:._ t d� %"'eAr eity:'-> e i rs c J State: ,r l _ }_ Zip Code: , 7Ze jam, Phone; ( ) . �v4► E-mail address: r5 61 ?;60eff1-or1.4014y - - — -- - -- 5WU-239-080102 r FROM SCM METAL PRODUCTS (THU) 1. 13' 05 16: 10/ST. 16:07/NO. 4861282449 P 3 PERMIT NAME'/ OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOTBE 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' 2. Legal documentation of the transfer of ownership (such as a' contract, deed, articles of incorporation) Certification must be compldoed .and signed -by � the current permit.holder and -the new applicant in the case of change of ownership. For name change only, complete and.sign the application'certiflcatibu. . Current Permittee's Certification: I. TO t�Ad i, • ' e /_Vf 16A sl -- —.. attest that this application fai namdovinership 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 consplcmd and that if all re uired s g inform4tion. and anachmeritsase not included, this application package. will. be returned as incomplete . Signature' Date:'. /a Q Xpplican ' C BCation; , I,~s• attest that this'application for a narndownership change has been reviewed and is accurate and, comp ate tts the best of my knowledge. 1 understand that if all required parts of this application are not complettid and that if all required'suppordng infarutation'aad attachments are not included, this tipplication- package will he returned as incomplete.. Signature; I Datc: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO'tHE FOLLOWING ADDDRESS:.: C f a 1 UVG��attdsQfYr�w�atr r�"!�Kl tl 4ttn: VIAel y 9tep Divlsloih of Water Quality J. I617,Mal1 Service Center. Raleigh; North Carolina 276"4617 , F,ROM'SCM METAL PRODUCTS (THU) 1. 13' 05 16: 10/ST. 16: 07/NO. 4861 282449 P 4 North American Hoganas M RE: Transfer of SCM Metal Products Inc. Ownership On March 31, 2003,'North American Hoganas Holdings Inc. acquired SCM Metal Products, Inc. (dba OMG Americas), a wholly owned subsidiary of 01VI Group, effective as of January 1, 2003. In May 2004 the name of the corporation was changed to North American Hoganas High Alloys LLC. On .Tune 1, 2004 North American Hoganas High Alloys LLC sold its copper division to Gibraltar Steel Corporation. The copper division consisted of the assets located in Research Triangle Park, N.C. as well as certain assets located in Johnstown PA. Subsequent to that transaction Gibraltar incorporated the division as SCM Metal Products Inc., a wholly owned subsidiary of Gibraltar Steel Corporation. oscph 1~. Garrlgan / Vice -President —Finance North American Hoganas Inc. North American Hoganas, Inc, 11 t Hd9anA3 Way TCY Free Inca Fax wao HOIfs6pple, PA 15935-5416 800-745-3422 914-479-350n "� �+ FROM SCM METAL PRODUCTS (THU) 1. 13' 05 16:41/ST. 16:39/N0. 4861 282450 P 2 State of Detdwa_,_ Serretasy of stag Division of Cosporatiaexs Delivered 12:01 PM 0512S/2004 FILLD I1:52 AM 0512512004 SRV 0403848.31 - 2807649 F= CERTIFICATE OF INCORPORATXON OF COPPER POWDER ACQUISITION CORP. The undersigned, a natural person, for the purpose of organizing a corporation for conducting the lousiness and promoting the purposes hereinafter stated, under the provisions and subject to tie requiremencs of the General Corporation Law of the State of ire Laware hereby certifies that: - . The *game of the corporation (hereinafter called the "Cn po ation") is Copper Powder Acquisition Corp. 2. The address, ins] sding street, num>er, city and county, of the registered office of the Corporation in the State of Delaware is L209 Grange Street, Wilmingt on , CC)unty of New Castle, and the name of the registered -agent of the Corporation in :.he State of Delaware at such address isThe Corporation Trust Company. 3. The mature of the business and -of the purposes to be conc.ucced and promoted by 0he Corporation are, in general, to car_'v on any business and engage in any lawful act or activity- fur which Carporations may be organized under the General Corporation Law of the Stag of Delaware. 4. The total num er of shares of stock which the Corporation shay_ have authority to issue is one hundred 000) showee, all of which shall have a par.value of $.001 per Kars, All such shares are of one class and are Common Stock. S- The name and mailing address of*the incorporator is FROM SCM METAL PRODUCTS (THU) 1. 13' 05 16:41/ST. 16:39/NO. 4861282450 P 3 e - ... s::,not. ''...fir. -Z =y r ( �:4 ! :1EJ f 'i, 7. _�G N�/. 7tf{ 5, 4�FJIJ�LS�" . Janet Gabel, Esq. Lippes, Silverstein, Mathias & wexler 700 Guaranty Building. 28 Church Street Buffalo, New York 14202-3950 E. whenever a compromise or arrangement in proposed tetweer_ this Corporation_ and its creditors or any class of them and/or between Chia corporation and its stockholders on any ciass of taem, any court of equitable juriediction within the sort ± of Delaware may, on the application in a summary wax of ttis Corporation or of any creditor or Stockholder thereof or on the application of any receiver or receivers appoinAd for thin Corporation under the provisions of section 291 of Title 8 of LN-- Delaware Code ox on the application of trustees in dissolution_ or of any rtceiveL or receivers appointed for this Corporation under the provisions of Section 275 of Title 8 of the Delaware Code, order a meeting of the creditors or class of creditors, and/err of the stockholders cr class of stockholders of this Corporation, as =hQ case may be, to be Summoned in ouch manner a3 the said court T vEcz,s. If a majority -in number representing three-fgwt_ts in valte of t:ze creditors or class of creditors, and/or of th stockholders or class of stockholdera of this Corporation, as tit? case: may be, agree to any compromise or arrangement and uu aay reorganization of this Corporation as. consequence of such compromise or arrangement,{ the said compromise or arrangement 'and the said reorganization shall, if sanctioned by the court cc whicK the said application has been made, be binding on all the ^rsdinars or clogs of creditors, and/or on all the stockholders or - 2 - FROM SCM METAL PRODUCTS (THU) 1. 13' 05 16:42/ST. 16: 39/NO. 4g61 282450 P 4 1WED1 S 26 04 .. . 7 2 0 4 8C .,, -- class of stockholders, of this Corporation, a9 the case may be, and also on & a Corporation. 7, No direczar shall have any personal liability to the Corparat ion or its stockholders for any monetary damages for breach of fiduciary duty as a director, except that this 1`.rticle shall n:_1r_ a 4minats or limit the liability of each director: W fer any breach of such director's duty of loyalty co the Carrcraticn or its stockholders; W) for acts or omissions not in goo:: Bich or which involve _nteational misconduct or a knowing via' acion or law; ;c)• under Section 174 .of the Delaware General Corporation Law; or W for any transaction from which such director derived an improper personal benefit. The Corporation shall indemnify to the full extent author4zed by law any person, teatator or intestate made or threatened to be made a party to an action or proceeding, whether criminal civil., administrative or investigativq, by reason of the tact. that he is or was a director or otticer of the Corporation or anti predecessor of the Corporation or serves or served any other enterprise as a director or officer at the request of the Corporation or any predecessor or the Corporation. The corporation shall pay expenses incurred by an officer or direrrnr in defending a civil or criminal action, suit or Proseading in advance Of the final disposicioa W such action, sui•_ Qr proceeding upon receipt of an undertaking by or on behalf of ownh direccor or officer to repay such amount if it shall ultimately ba determined On he is not entitled to be indemnified 3 .. r FROM, SCM METAL PRODUCTS (THU) 1. 1 3' 05 1 6 : 42/ST. 1 6: 39/NO, 4861 282450 P 5 �.'S1I •5', .� .. if �-'_AY by the Corporation as authorized in this Paragraph-V 6, Elantion of directors need not be by written ballot. S. The original By -Laws of the Corporation shah be adopied by the inc-orporato= . Thereafter, the power to make, alter or rapsal the By -Laws, and to adopt any new By -Laws, shall be vas%ed in the Board of Directors. Mecuted this 25" day of May, .2004. - 4 - FROM ,SCM METAL PRODUCTS (THUD 1. 13' 05 16:43/ST. 16: 39/NO. 4861 2B2450 P 6 FROM CORPORATION TRUST W[I TEAY �2 (TUE) 6. V 04 , CERTIFICATE OF AMMMENT OF THE 12:32/5T.C2:30/% 4Ro3746510 P 2 State of Delaware Secretary of State Division of Corporations Delivered 01:32 PM 0610112004 F =D 01:28 FN 0610112004 ,SRV 040404892 - 3807649 CERTIFICATE OF INCORPORATION OF COPPER POWDER ACQUISITION CORP. Copper Powder Acquisition Corp., a corporation organized and existing under and by virtue of the General Corperation Law of tho State of Delaware, does hereby certify: FIRST: That, at this time, there has been no election of dire tors or officers of said corporation. SECOND: That the sole incorporator of said corporation, filed with the minutes of said corporation a resolution proposing and declaring advisable the following amendment to the Certificate of incorporation of said corporation: RESOLVED, that, the Certificate of Incorporation of Copper Powder Acqui,Sition Corp. be amended by chaaging Article I thereof so that, as amended, said Article 1 shall be.and read as follows: "i. The name of the corrporation (hereinafter called the "Corporation") is SCM Metal Products, Inc." 1741RD: That said corporation hao not yet received auzy payment for any of its stock. FOTJRT14- That the aforesaid amendment was duly adopted in accordance with the provisions of Section 241 of the General Corpi�iration Law of the State of Delaware. IN WITNESS WHEREOF, said Copper Powder Acquisition Corp. hag rau sed this certificate to be signed by Janet Gabel, its cola inco::porator, this 26th day of May, 2004. COPPER POWDER ACQUISITION CORP. Certified true, complete, ,•FROM.SCM METAL PRODUCTS (THU) 1. 13' 05 16:43/ST. 16:39/NO, 4861 282450 P 7 D&Twcv1v • PAGE 1 ?"he First State I, RARRIET-SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED ARE TRUE AND CORRECT COPIES OF ALL DOCUMENTS ON FILE OF "SCM METAL PRODUCTS, INC." AS RECEIVED AND FILED IN THIS OFFICE. THE FOLLOWING DOCUMENTS HAVE BEEN CERTIFIED: CERTIFICATE OF INCORPORATION, FILED THE TWENTY-FIFTH DAY OF MAY, A.D. 2004, AT 11:52 O'CLOCX A.M. CERTIFICATE OF AMENDMENT, CHANGING ITS NAME FROM "COPPER POWDER ACQUISITION CORP. " TO . "SCM METAL PRODUCTS, INC- ", FILED THE FIRST DAY OF JUNE, A_D_ 2004, AT 1:28 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CERTIFICATES ARE THE ONLY CERTIFICATES ON RECORD OF THE AFORESAID CORPORATION. 0 3807549 8100H Harriec Smith Windsor, Secretary of Sate AUTHENTI CATION : 3369165 040689955 nAMW. nn_nO nw lFRQM . CM METAL PRYUCTS O6/i 04 12_Lo A.1 (THU) 1. 13' 05 16:44/ST. 16: 39/NO. 4861282450 P 9 Lippes Silver3teln 9 003 NORTH CAROLINA Department of The Secretary of State CERTIFICATE OF AUTHORITY I, ELAINE F. MARSHALL, Secretary of State .of the State of North Carolina, do hereby certify that SCM METAL PRODUCT'S, INC. having filed on this date an application conforming to the requirements of the General Statues of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 7th day of June, 2004 Secretary of State Document Id: C20041590041 4