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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 2. fT ``sfe;f 7000 0&00 oQa7%5 5aoq g0q-rl eMd laW ( PS Form 3811, February 2004 Domesto Return Receipt 1o25954240-1e40i 0 0 ® a- u- [i- Postage E ® � C IJ1 111 Col!fietlFee Postmark t.rl crate,, Ranelot Fee (F orsemem Reyured) Here rao ru C ru Ca Ravaiwat aNVory Fea ®^ C C (Endorsement nodwrsM Total Postage 6 Fees $ C O O C ReclpknYs lJema (Plasse Rini Caarryl /ro!�mEM •. •. Waste Manage - 1646 Mail Service Center .... ..... ;� NCDEHNR - DIV, 0 o o Solid Waste Section '6s, NC 27699-16 46 .... ---.._........ a Raleigh, Ed Dlussier r— r Attn: >, - as 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 _0-D ru ru Q Q a— o ar C3 Postage E —11® Gerliflod Fes Po9.m RaN Receipt Fee Hne Crn Mmem Re no nu ri.l M 0 Restricted Delivery Fen Q CO (Endws 111 RequbcdJ r3 c3 Total Pos4me a Fees ° n NCDEHNR nr mn eo Div. of Water Quality ---------._..--.------.. 0 0 o 0 Mail Service Center Q Q f PO Box 1641 ----------------- '-------- t 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 Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 1326 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division Secretary of State's web site TOOLS Secretary of State Home Secretary of State Site Map Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 12/5/2007 Click here to: View Document Filings I m7lPrint apre-populated Annual Report Form I Annual Report Count I File an Annual Report Corporation Names Name Name Type NC Collins & Aikman Products Legal Co. NC Collins & Aikman Prev Legal Corporation NC Collins & Aikman Floor Prev Legal Coverings Corporation Business Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: 0031258 Current -Active 7/19/1927 Foreign DE Perpetual The Prentice -Hall Corporation Systems, Inc. 327 Hillsborough Street Raleigh NC 27603 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