NCG120014_COMPLETE FILE - HISTORICAL_20080815

- STORMWATER-DIVISION CODING SHEET
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DATE OF
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August 15, 2008
Mr. Bernard M. Kelly
Ecusta Business Development Center
PO Box 1119
Pisgah Forest, NC 28768
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: cission of NPDES General Permit
Certificate of Coverage Number NCG 120014
Ecusta Business Development Center
-Transyl Aia County
Dear Mr. Kelly:
On December 4, 2007, the Division of Water Quality received you request to rescind your coverage under
stormwater discharge Certificate of Coverage Number NCG 120014. In accordance with your request,
NPDES General Permit NCG120014 is rescinded, effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to
waters of the State without valid coverage under an NPDES permit will subject the responsible party to a
civil penalty of up to $25,000 per day.
If the facility is in the process of being sold, you will be performing a public service if you would inform
the new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact Sarah Young at [phone], or the Water
Quality staff in our Asheville Regional Office at [phone].
Sincerely,
(�✓ P-4-
Ym/Lleen H. Sullins
cc: Asheville Regional Office w/attachments
Stormwater Permitting Unit
DWQ Central Files - w/attachments
Fran McPherson, DWQ Budget Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617
FRAUG2 7 2008 �
J
QUALITY SECTION
_.........__ _... IJCDErii _
-- [phone] Customer Service
1-877-623-6748

Memo To File
TO: Ecusta Real Estate NCG120014
Author. CCranford
Date: 3/4/2008
Re: Rescission
This permit has been approved for rescission.

Re- CLI I Landfill PermitNCG120014
Subject: Re: Ecusta Landfill Permit NCG120014
From: Ken Pickle <ken.pick le a nemai1.net>
Date: Wed, 18 Oct 2006 13:40:14 -0400
To: Laurie Moorhead <Laurie.Moorhead a ncmail.net>
CC: Starr Silvis <Starr. S i 1vis@ ncmail.net>, "Roger Edwards <Roger.Edwards ci ncmail.net>>>
Roger Edwards" <[e-mail]>, james.col'[e-mail]
Laurie,
How about this approach?
1. For the coal ash monofill (NCG120015) the coverage under NCG12 was rescinded on
1/8/04, according to BIMS. Oops, perhaps we should have waited for the DWM closure
letter, but we didn't. Seems moot to me now. I propose no further action by SPU
or ARO.
2. For the process waste landfill (NCG120014), I concur that we should rescind the
permit coverage. Do I understand correctly that there is no more Ecusta? I mean,
no remnant corporate entity that could reasonably be identified as our permittee?
If nothing of Ecusta remains, then I propose that Glatfelter request recission of
the permit by submittal of the following documentation, (or if our permittee does
exist, Ecusta should submit):
a) A short letter on Glatfelter letterhead requesting recission, noting that they
are in day-to-day control of the site, that the site is not operational, that the
landfill is capped, that DWM has recognized closure of the process waste landfill,
that Ecusta sold the site to Glatfelter, and that Ecusta no longer exists.
b) A completed copy of our name/ownership change form, but since only Glatfelter
exists, just their signature, not Ecusta's. (both signatures if Ecusta still
exists)
c) A copy of key pages of the executed bill of sale, contract of sale, quit claim
deed, general warranty deed, agreement to sell/agreement to buy, or something very
similar that attests that Glatfelter bought, and Ecusta sold (or promised to
buy/sell) the mill. (What we don't want is anything from the corporate attorney
saying, "I'm the attorney, and I promise we sold it." or a certificate from the NC
Secretary of State attesting to the incorporation or dissolution of Ecusta. - - We
need to see the agreement between the parties to the transfer, in some form.] We
just need the first pages that say "We promise to sell" and "we promise to buy"
and the last signature pages with signature from buyer and seller. We don't need
all the 30 pages in between.
d) A copy of the DWM closure letter for the process waste landfill. (If they want
to send the other letter for the coal ash monofill when they get it, fine. If not,
it's moot anyway.)
All the above may seem like a lot, I know, for two part-time employees. I fully
expect that they won't have it all in their trailer at the site. Especially the
Agreement to Sell; however, the Glatfelter corporate attorney will have it. It's
just a matter of a phone call or email from the two employees to him.
Ken
Laurie Moorhead wrote:
Ken,
I'm seeking guidance on how to handle our stormwater landfill permit NCG120014
for Ecusta in Transylvania County. Ecusta has closed operations. There are 2
landfills on -site: a process waste landfill and an ash landfill. The process
waste landfill has been closed.... meaning that it's capped, the Division of
Waste Management has accepted and blessed the closure and recorded a maintenance
agreement etc... The ash landfill has also been closed as in it has been capped
and the Division of Waste Management is simply waiting on the recording of the
I oS 2 10/18/2006 1:56 PM

Re, costa Landfill Permit NCG120014
maintenance agreement. Note that stormwater from the ash landfill actually
co -mingles with leachate (becoming a wastewater) and goes to a treatment plant
before being discharged. Therefore, I'm not sure that our stormwater permit
ever covered the ash landfill anyway.
In any event, it seems to me that we should rescind Ecusta's landfill stormwater
permit. If you agree that this sounds logical, the next question is how to we
make that happen? There are only 2 part-time employees left. Gladfelter is the
current operator, so theoretically we could have them write a request.
Thoughts?
Laurie
Laurie Moorhead - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
2 of 2 10/ 18/2006 1:56 I'M

EctI51a Landfill Permit NCG120oi4
Subject: Ecusta Landfill Permit NCG120014
From: Laurie Moorhead <Latl]'Ie.Moorllead cr ncmail.net>
Date: Fri, 13 Oct 2006 14:38:43 -0400
To: Ken Pickle <Ken.Pickle cr ncmail.net>
CC: Starr Silvis <Starr.Silvis a ncmail.net>, "Roger Edwards <Roger.Edwards a nctnail.net>>>
Roger Edwards" <Roger. Edwardsct nemail.net>, james.cofi'ey a nemail.net, Laurie Moorhead
<Laurie.Moorhead a ncmail.nct>
Ken.
I'm seeking guidance on how to handle our stormwater landfill permit NCG 120014 for Ecusta in
"Transylvania County. Ecusta has closed operations. There are 2 landfills on -site: a process waste
landfill and an ash landfill. The process waste landfill has been closed.... meaning that it's capped, the
Division of Waste Management has accepted and blessed the closure and recorded a maintenance
agreement etc... The ash landfill has also been closed as in it has been capped and the Division of
Waste Management is simply waiting on the recording of the maintenance agreement. Note that
stormwater from the ash landfill actually co -mingles with leachate (becoming a wastewater) and goes
to a treatment plant before being discharged. Therefore, I'm not sure that our stormwater permit ever
covered the ash landfill anyway.
In any event, it seems to me that we should rescind ECUsta'S landfill stormwater permit. 1 f you agree
that this sounds logical, the next question is how to we make that happen? There are only 2 part-time
employees left. GladPelter is the current operator, so theoretically we could have them write a
request. Thoughts?
Laurie
Laurie Moorhead Laur: e.Moo rho�id(t ic.ma i I. nrra
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanca, NC 28778
Tel: [phone]
Fax: [phone]
Laurie Moorhead <Lauric.Moorhead a ernaiI.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
I of 1 10/13/2006 2:39 PM

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Local Governments of Buncombe County
Stormwater Meeting at Interchange Building
November 28, 2006
Welcome and Introductions Charles Smith, Chair Buncombe County Environmental
Advisory Board
Overview of Buncombe County Stormwater Ordinance Jon Creighton, Director
Buncombe County Planning Department
Phase II Stormwater Permit Requirements Laurie Moorhead, Buncombe County
Environmental Advisory Board

a �pF \NA TF90 Michael F. Easley, Governor
0 Y William G. Ross Jr., Secretary
r Noah Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
] une 2, 2006
Mr. Thomas Bentley
Ecusta Real Estate 11, LLC
PO Box 1119
Pisgah Forest, NC 28768
Dear Mr. Bentley:
Subject: NPDES General Permit NCG120000
Certificate of Coverage NCG120014
Ecusta Real Estate 11, LLC
Formerly RFS Ecusta, Inc.
Transylvania County
Division personnel have reviewed and approved your request to transfer coverage under the General Permit,
received on September 10, 2003.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General
Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of
North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency.
If you have any questions, please contact the Stormwater Permitting Unit at [phone], extension 502.
Sincerely,
cc DWQ Central Files
Asheville Regional Office, Water Quality Section
Stormwater Permitting Unit
Bill Ashford-EDBC PO Box 1119 Pisgah Forest, NC 28768
ORIGINAL SIGNED SY
KEN PICKLE
Alan W. Klimek P. E.
off;=, r
JUN - 6 2006
WAl FR QUALITY S[CTION
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2ri enrstateocos 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50 % Recycled/10 % Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG120000
CERTIFICATE OF COVERAGE No. NCG120014
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
ECUSTA REAL ESTATE II, LLC
is hereby authorized to discharge stormwater from a facility located at
MILL IN PISGAH FOREST, NC
IECUSTA
PISGAH FOREST
TRANSYLVANIA COUNTY
to receiving waters designated as the Davidson River, a class C stream, in the French Broad River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111,
IV, V and VI of General Permit No. NCG120000 as attached.
This certificate of coverage shall become effective June 2, 2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day June 2, 2006. r qy
ORIGINAL SVGVED
KEN PICKLE
Alan W. Klimek, Director
Division of Water Quality
By Authority of the Environmental Management Commission

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Results 1-1 of about 1 for ecusta near Pisgah Forest, NC 28768
A. Ecusta Business Development Ctr LLC
1 Ecusta Rd, Pisgah Forest, NC
[phone]
Paoc l of 2
http://www.google.com/maps?hl=en&lr=&cl=ecusta&near=Pisgah+Forest,+NC+28768&ra... 5/ 19/2006

Michael E. Easlcy, Governor
\o�oF W ATF9QG
March 31, 2006
RFS Ecusta Inc
1 Ecusta
Pisgah Forest, NC 28768
Subject: General Stormwater Permit Inspections
RFS Ecusta Inc.(1 Ecusta)
Permit No. NCG120014
Transylvania County
Dear Sir or Madam:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Watcr Quality
Your facility holds a general permit from the North Carolina Division of Water Quality to
discharge stormwater associated with industrial activities performed at your facility. Please be
advised that the Asheville Regional Office will be performing NPDES stormwater inspections
sometime in the near future.
If this office has not previously inspected your facility, you should be prepared to demonstrate
compliance with all terms and conditions included in the permit. Specifically, we will be
evaluating the following: your stormwater pollution prevention plan, stormwater outtall
locations, qualitative and analytical monitoring data and any other activities required by your
permit. Please note that any data reported to the State must be analyzed by a facility that has a
North Carolina laboratory certification, either as a full laboratory or as a facility certified to
perform on -site field testing. If you have any questions regarding the generation of your
facility's data, please feel free to call Gary Francies at [phone].
Copies of the general permits and accompanying documents can be accessed from the following
wcbpage: htlp://u;u,iv.ncil'ctteryalality.orgLsidFrn•nts Docun2ents.171m#.slornnruterGP.
If you have any questions, please contact me in the Asheville Regional Office at [phone].
cc: NI'S Compliance & Assistance Oversight Unit
SWP-Central Files
ARO Files
Sincerely,
Kerry Becker
Environmental Technician
No ihCarolina
A Witrally
North Carolina Division of Water Quality 2090 U.S. I kvy 70
Internet: hftp:llvrxw.ncwaterquality.orgl
An Equal Opportunity/Affirmative Action Employer
Swannanoa, NC 28778 Phone [phone] Fax [phone]

NC RG SPECIRL LIT Fax:[phone]
Mar 19 '03 9:41 P.01
� � d.M•ie
State of North Carolina
ROYCOOPER Department of Justice
ATTORNEY GENERAL P. O. Box 629 REPLY TO: David Roy Blackwell
RALHIGH Special Litigation
27602-0629 (919) 716-45900
FAX: [phone]
TELECOPIER TRANSNUTTAL SHEET
TO: Morris Hodkin
Fax: [phone]��
FROM: David Roy Blackwell 1 ��
Special Deputy Attorney General J ��
TELEPHONE NUMBER: (919) 71 b-6900
DATE: March 19, 2003
SUBJECT: Sales of property from the Ecusta estate
NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 3
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:
COMMENTS:
cc: Forrest Westall [phone]
Sueanna Sumpter [phone]
MAR I g 7003
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT, YOU .ARE HEREBY NOTIFIED THAT ANY D2558MS1\YAT-Tom. DSST7,2 S.PUT_TON OR
COPY OF THIS TELECOPY OS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS
TELECOPY IN ERROR, PLEASE I=DIATELY NOTIFY US BY TELEPHONE AND RETURN THE
ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA UNITED STATES POSTAL SERVICE.
THANK YOU.
�z�

NC AG SPECIRL LIT Fax:[phone] Mar 19 '03
0
State of North Carolina
ROY COOPER Department of Justice
AiTOR,NEY GENERAL P. O. Box 629 REPLY TO:
RALEIGH
27602-0629 PAX;
19 March 2003
Mr. Morris Hodkin
President
Daley-Hodkin Corporation
Offices: 135 Pinelawn Road
Melville, NY 11747
Via Fax: [phone]
RE: Sales of property from the Ecusta estate.
Dear Mr. Hodkim
9:41 P.02
David Ray BI ckwcil
Spmiai Litigation
(919) 71 "900
[phone]
1 represent the North Carolina Department of Environment and Natural Resources
(DENR) in the continuing matter of the Ecusta Mill. My clients understand that Daley-Hodkin is
currently conducting a sale of designated property from the bankrupts' estates with immediate
removal from the site. As you are aware, the facility possesses numerous environmental permits
and a complex integrated environmental system.
My clients are concerned that equipment and material required for the lawful and safe
operation of the system may have been designated for sale and removal. Specifically, my clients
are informed and believe that two environmental operations vans as well as stores of chemical
absorbent have been designated for sale, sold, and possibly removed from use by the Ecusta staff.
Removal of these items may place the facility in violation of its permits, DENR regulations, or
state or federal law.
My clients would request that Daley-Hodkin provide them with a listing of property and
stores designated for sale and removal from the Ecusta site so that they may determine what, if
any, designated property is required for environmental compliance. My clients would also
request a written assurance from Daley-Hodkin that it will not permit removal from the site of

NC AG SPECIAL LIT Fax:[phone] Mar 19 '03 9:42 P.03
Page 2
equipment or stores required for environmental compliance.
l appreciate your prompt consideration. Should you have any questions, please contact
me.
Sincerely,
David Roy Blackwell
Special Deputy Attorney General