HomeMy WebLinkAbout5603_ROSCANS_2007NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
Solid Waste Section William G. Ross Jr., Secretary
March 12, 2007
Mr. James Moore,
Collins & Aikman
P.O. Box 580
Albemarle, NC 28002
Re: Collins&Aikman Industrial Landfill, Permit Number 56-03, McDowell County
Dear Mr. Moore:
This letter is in response to your e-mail request, dated March 7, 2007, to maintain the existing
cover on the referenced landfill while a corporate decision is made on whether to restart the
operation of the landfill. The currently inactive landfill has been used for the disposal of carpet
waste from the plant and has existing soil cover that exceeds the daily cover requirement of six
inches, but is less than the intermediate cover requirement of one foot.
Based on the type of waste material and the ongoing maintenance plan to reseed and fertilize the
existing cover soils, the Solid Waste Section approves this request. The decision will be
reevaluated as part of the permit renewal process prior to the permit expiration date of December
12, 2007.
It is important to remember that all landfill soil cover requirements are performance -based and
the Section may require additional soil if necessary to protect the public health and the
environment.
Sincerely,
d9raly m9e M�arres e. eartey
James C. Coffey o :ce= Inc rta coy.c=us
Dale: 2001.03.1210.40:00 -04W
James C. Coffey, Regional Engineer
Asheville Regional; Office
Solid waste Section
cc: A] Hetzell
Deb Aja
2090 US Highway 70, Swannanoa, North Carolina. 28778
Phone: 828-296-45001 FAX: 828-299-70431 Internet http://wastenotno.org
An Equa I Oppodamty I Alhrmahve Action Employer— Pnn[ed on Recycled Paper
In re:
IN THE UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Chapter 11
COLLINS & AIKMAN CORPORATION, et At ) Case No. 05-55927 (SWR)
(Jointly Administered)
Debtors. )
(Tax Identification #13-3489233)
}
} Honorable Steven W. Rhodes
ORDER AUTHORIZING AND APPROVING (A) ASSET PURCHASE
AGREEMENT, (B) SALE OF SUBSTANTIALLY ALL OF THE ASSETS
OF DEBTORS' CARPET & ACOUSTICS BUSINESS FREE AND CLEAR
OF LIENS, CLAIMS AND INTERESTS, (C) ASSUMPTION AND
ASSIGNMENT OF CERTAIN EXECUTORY CONTRACTS AND
UNEXPIRED LEASES, AND (D) CERTAIN RELATED RELIEF
This matter coming on to be heard on the motion [Docket No. 45381 (the
"Motion")2 of the above -captioned debtors (collectively, the "Debtors") for entry of an order:
(a) approving an asset purchase agreement appended to the Motion as
Exhibit C (as amended from time to time, and including (i) the amendment to such asset
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Aram Convertible Fabrics, Inc., Case No.
05-55949; Becker Group, LLC ((Vbla/ Collins & Aikman Premier Mold), Case No. 0555977; Brut Plastics, Inc., Case No. 05-55957;
Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Muss, Inc. (Gila the Akm Corporation),
Case No. 05-55952; Collins & Aikman Asset Services. Inc.. Casa No. 05-55959; Collins & Aikman Automotive (Argerama), Inc.
(DIOR Textron Automotive (Arli m on, Inc.). Case No. 0555965: Collins & Aikman Automotive (Asia). Inc. (Okla Tutr(m
Automotive (Asia), Inc.), Case No. 05.55991; Collins & Aikman Automotive Exmaims, Inc. (Ok/a Textron Automotive Eatedom
sksm
Inc.), Case No. 05-55958; Collins & An Automotive Interiors, Inc. (rik/a Textron Automotive Interiors, Inc), Case No.
05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International
service; Inc. (fWa Texhon Automotive InInternationalma
Services, Inc.), Case No. 05-55985: Collins & Aikn Aummmive Mats. I.I.C.
Case No. 05-55969; Collins & Ailmien Automotive Overseas Investment, Inc. (Okla Textron Automotive overseas Invesnnent, Inc.),
Case No. 05-55978: Collins & Aikmart Automotive services, LLC. Casa No. 05-55991; Collins & Aikman Canada Domestic Holding
Company, Case No. 0555930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55992; Collins & Aikman CarpetAikmanAcoustics (TN), Inc., Case No. 05-55994; Collins & Aikman Development Company, Case No. 05-55943: Collins & Aikmao Europe,
Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/bla Joan Automotive Industries, Inc.), Case No. 05-53963; Collins &
Aikman imellimald, Inc. (dlbla M&C Advanced Processes, Inc.), Case No 05-55976; Collins & Atkomn Interims, Inc., Case No.
05-55970; Collins & Aikman International Corporation, Can No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960;
Collins & Aikman Products Co.. Case No. 0555932; Collins & Aikman Properties- Inc., Case No. 05-53964; Comet Acoustics, Inc.,
Casa No. 05-55972; CW Management Corporation, Care No. 05-55979; Dure, Cumerfible systems, Inc., Casa No. 05-55942; Gamble
Development Company, Case No. 05-55974; JPS Automotive, Inc (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings,
LLC, Case No. 05-55992; Owasso Thermal Forming, LLC. Case No. 05-55946; Southwest laminates, Inc. (d/Na southwest Fabric
Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company,
Case No. 05-55969.
Capitalized terms used, but not otherwise detincd, hcram shall have the meanings ascribed to them in the Purchase Agreement
sane I IS3005.,
PERMITNAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact: ISOA el
First / MI/ test
City state up
( )
Fhune Email Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this ownership or name change?
Yes
❑ 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):
1. Da. "y5 VNA-a0e-e, attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. 1 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.
si@nature f Date
A IT CERTIFICATION:
1, Go-irg (a— t5eA 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 j pacza�kage will be returned as incomplete.
_ 9.Ar-er
sipralure 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 7/2005
Michael F. Easley, Governor
William G, Ross Jr., Smnlary
North Carolina Depmmant of Environment and Natural Resources
Alen W, Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
f. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N I C I I I I I I N I C I G
H. Permit status Prior to status change. Al 6 9 00 0 ,1 5 9
/F �`_
a. Permit issued to (company name): Cal/! YIS 4-,t�s'b�-E7r+J
b. Person legally responsible for permit: o—ivLes / t7P%.
r d.
,�7.371
c. Facility name (discharge): LZ2111rlD `.- t—i't K--y"ru d n f
d. Facility address: /�j''a P-10ad 19 00 1 PA2/6M
U��tty/�y,(.(,,,.�//�� VX'J� �� Address
e. Facility contact person: city_
c. d.lf..�Vis Sietc ag)6zt '3d35
First / MI / last Phone
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): a �La` AlAe—PRie,A.
c. Person legally responsible for permit:
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Revised 712005
M�WA¢x�. E R-4-5'
63C)D G1� 7W.
Permit Holder Moiling Address
7)M40(9'11L Akt t
First f MI / Last
Phone -mail Address
McDowell County
August 15, 2007
NCDENR - Div. of Waste Management
1646 Mail Service Center
Raleigh, NC 27699 -1646
Subject: NCDENR Permit #56-03
Collins & Aikman Landfill, McDowell County
Dear NCDENR (Div. of Waste Mgt.):
60 East Court Street • Marion, North Carolina 28752
Telephone: (828) 652.7121 • Fax: (828) 659-3484
Websile: mcdowell.main.nc.us/-mcdowell/
The purpose of this letter is to indicate McDowell County's support of
NCDENR reissuing Permit 56-03 to IAC Old Fort II LLC. IAC needs the
landfill as a cost effective solution for disposal of carpet waste generated at the Old Fort
plant. McDowell County does not have facilities or infrastructure to handle the carpet
waste. Based on our knowledge, the landfill has been managed properly in the past and
we have full confidence in IAC going forward.
Sincerely,
Y -
_ CharlesR. Abernathy
County Manager
cc: David Sudzina - IAC Old Fort (1506 East Main Street, Old Fort, NC 28762)
Chip Moore - IAC Albemarle (PO Box 580, Albemarle, NC 28002)
International Automotive Components
International Automotive Components Group North America
5300 Auto Club Dr.
Dearborn, MI 48126
September 19, 2007
NCDEHNR
Div. Waste Management
Solid Waste Section
1646 Mail Service Center
Raleigh, NC 27699-1646
Attn: C-5 ) maSSk'u-'
RE: Landfill Permit — 56-03
Old Fort, NC
Dear Ms. Wilson:
This memo is to advise you of a change of ownership for the Collins & Aikman landfill and manufacturing
plant in Old Fort, NC. The new landfill owner will be IAC Old Fort II, LLC. IAC Old Fort I1, LLC
requests that a new five-year permit be issued as soon as practical. Based on the Compliance Boundary
and Monitoring Plan that was implemented in 1996 by Collins & Aikman, IAC Old Fort I1, LLC believes
that the landfill is in compliance with the plan and NC groundwater standards. Based on this compliance,
IAC Old Fort II, LLC requests that the permit be issued with the same terms and conditions listed in the
2002 renewal. Also attached is a letter from McDowell County which supports the new permit.
The transaction is expected to be completed by October 1, 2007. The new person legally responsible for
the permit will be Gary Geisel. IACNA Corporate manager of EH&S, 5300 Auto Club Drive, Dearborn,
MI 48126, phone 313.240.3085. For technical questions, please call Chip Moore at 704.983.8345 and at
the plant level Jack Davis will remain the inspection contact— 828.668.3235.
Please advise if you require any additional information
Regards,
Collins & Aikman Products Co.
Chip Moore^ -
International Automotive Comp nents Group, North America
Gary Geisel C2
cc: NC DEHNR L / 'ry Fe'04-
2090 US Hwy. 70
Swannanoa, NC 28778
Z:\OLD FORT\OWNERSHIP CHANGE LANDFILL.DOC
■ Complete Rome 1, 2, and 3. Also complete
Item 4 H Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that eve can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
A. Signature
X 17 Agent
❑ Addressee
B. ReceNed by (lonalad Narue) C. Date of Delivery
D. Is doWetyadrisssdiflaentfromlteml? ❑Yes
If YES, enter delivery address below: ❑ No
NCDEHNR - Div. Waste Management
Solid Waste Section - 1646 Mall Service Center
Raleigh, NC 27699-1646
,
Attn: Ed Mussler
S. Service Typo
o Certified Mall O Evicatt Map
gReglstered )XRetum Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
-
4. Restricted Delivery? (Esoe Fee)
❑ yea
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( PS Form 3811, February 2004 Domesto Return Receipt
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Ed Dlussier
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Attn:
>,
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International Automotive Components
International Automotive Components Group North America
5300 Auto Club Dr.
Dearborn, MI 48126
September 19, 2007
NCDEHNR
Div. of Water Quality
Surface Water Protective Section
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: NCS000359
C&A Landfill, Old Fort, NC
This memo is to advise you of a change of ownership for the Collins & Aikman plant
at Hwy. 70 East, Old Fort, NC. The new owner will be IAC Old Fort II, LLC.
Effective date of ownership change is tentatively set to be on October 1, 2007. The
new person legally responsible for the permit will be Gary Geisel. IACNA Corporate
Manager of EH&S. 5300 Auto Club Drive, Dearborn, MI 48126, phone
313.240.3085.
The plant contact will be Jack Davis — 828,668.3235,
Please advise if you require any additional information.
Regards,
Collins & Aikman Products Co.
Chip Moore
international Automotive Co ponents Group, North America
Gary Geisel
Z:\OLD FORT\OWNERSHIP CHANGE OF I: 3TORMWATER NC50003`9.MC
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PO Box 1641 ----------------- '--------
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Raleigh, NC 279611-7687
■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
-- --or on the •front .if space permRe. ............... ._._.
1. Article Addressed to:
NCDEHNR
Div. of Water Quality
Mail Service Center
PO Box 1641
Raleigh, NC 279611-7687
A. Signature
X El Agent
❑ Addressee
B. Received by (Printed Narne) C. Date o1 Delivery
D. Is daWary address different from Rem 17 U Ye:
R YES, ender delivery address below: 0 No
a. Service Type
❑ Certified Mail ❑ Express M,a1
RWReglstered g Retum Receipt for Merchandise
❑ Insured Mau E3 0.0.D.
4. Restricted Delivery? (Exha Fee) ❑ Yea
2, Article Number ke /abet �d00 :f60 OOA5 v�/d..(.r7 l7Vf�-&
i PS Form 3811, February 2004 Domestic Return Receipt lozsesoznafsao I
('eeU T'N8UU0'_1
Delaware
PAGE 1
7Tre First State
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "IAC OLD FORT, LLC" IS DULY FORMED
UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING
AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE
SHOW, AS OF THE TENTH DAY OF OCTOBER, A.D. 2007.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
NOT BEEN ASSESSED TO DATE.
4391393 8300
071101048
Harriet Smith Windsor, Secretary of State
AUTHENTICATION: 6062187
DATE: 10-10-07
C200728800021 SOSID: 1006915
Date Filed: 10/15/20071:27:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200728800021
State of North Carolina
Department of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies fora
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is IAC Old Fort, LLC
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is: Delaware
3. The date of formation was July 18, 2007 ; its period of duration is: Perpetual
4. Principal office information: (Select either a or h)
a. 0 The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street c/o IACN1A, 5300 Auto Club Drive
City, Stale, Zip Code Dearborn, MI 48126 CountyWayne
The mailing address, ifdifferenr from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
S. The street address and county of the registered office in the State of North Carolina is:
Number and Street
225 Hillsborough Street
City, State, Zip Code Raleigh, North Carolina 27603 County Wake
6. The mailing address, lf different from the street address, of the registered office in the State of North Carolina is:
7. The name of the registered agent in the State of North Carolina is:
CORPORATIONS DIVISION
(Revised January 2001)
NMI. ILISI.W� C rSyalem U,IMe
P. O. BOX 29622
C T Corporation System
RALEIGH, NC 27626-0622
(Form L-09)
C200728800021
APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
B. The narneuitles, and usual business addresses of the current managers of the limited liability company are:
(use altadment if necessary)
Nam
Business Address
International Automotive Components 5300 Auto Cl1ab Drive
Group North America, Inc., Sole Member Attn: Susan Frey
DearbornMI 48126
Stephen Toy 1 WL Ross & Co. LLC
— 1166 Avenue of the Americas
New York, NY 10036
9. Attached is aertificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be
less than sir months old. A photocopy of the certi0catlon cannot be accepted
Ill. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
11, This application will be effective upon filing, unless a delayed date and/or time is specified:
This the a day of October 2007
IAC Did Fort , LLC
Name of Limited Liability Company
Signature 1 pager,
Stephen Toy
Type or Print Name
Notes:
1. Filing fee is S250. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626.0622
(Revisedianuary.2002) (Form L-09)
NCOa7. I 3119W C. r Sm. (Nn
North Carolina Secretary of State
http://www. secretary. state.nc.us/corporations/Corp. aspx?PitemId=48...
CORPORATIONS
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
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327 Hillsborough Street
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327 Hillsborough St.
Raleigh NC 27602
1 of 2 12/5/2007 3:26 PM
Unknown
Full Name:
Jack Davis
Last Name:
Davis
First Name:
Jack
Job Title:
Plant Engineer
Company:
Collins & Aikman
Business Address: P.O. Box 669
Hwy 70 East
Old Fort, INC 28762
Business: (828)668-3235
Business Fax: (828)668-3254
E-mail: jack.davis@colaik.com
E-mail Display As: Jack Davis Qack.davis@colaik.com)
Kenny Greene - Human Resources Mgr (828) 668-3263