HomeMy WebLinkAboutNCG160012_COMPLETE FILE - HISTORICAL_20130502STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/v u& ' L o o f a
DOC TYPE,
01HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ Gi o) 3 U50 a
YYYYMMDD
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat Mc Crory Charles Wakild, P.E.
Governor Director
May 2, 2013
Jule Smith, President
FSC II, LLC dba Fred Smith Company
6105 Chapel Hill Road
Raleigh, NC 27607
Subject: Compliance Evaluation Inspection
Wake Forest Asphalt Plant
Formerly Wake Forest Plant #10
Natural Resources
Certificate of Coverage No. NCG160012
Wake County
Dear Mr. Smith:
John E. Skvarla, III
Secretary
On May 2, 2013, Thomas Ascenzo of the Raleigh Regional Office (PRO) conducted a compliance
inspection (CEI) of Wake Forest Asphalt plant's stormwater pollution program. The assistance of Don
Schell Asphalt Plant Manager was appreciated as it facilitated the inspection process.
The Wake Forest Asphalt facility discharges stormwater to receiving waters designated as UT of
Richland Creek the Neuse River Basin.
The following observations were made:
1. The Stormwater Pollution Prevention Plan (SP3) was reviewed and revealed the
following :
• The plan contained the required general location map that included outfall
location and drainage areas.
• Employee training documents were included in the SP3. The last training was
conducted on February 2013.
• List of responsible parties for emergency spill response notification was available
for review.
• The plan included stormwater facility inspection reports, best management
summary, current certificate of coverage, narrative description of practices and a
spill prevention and response plan.
• The SP3 is being updated annually (or more frequently if needed) as required by
the permit.
No ehCarolina
vnlarallff
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service
Internet: wv vtiv.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10 % Post Consumer Paper
Wake Forest Asphalt Plant NCG160012
2. Qualitative monitoring was conducted on January 17, 2013 and February 27, 2013.
(It was noted during the inspection the plant was not fully in operation until July, 2012.)
3. Analytical Monitoring was conducted on January 17, 2013 and February 27, 2013.
4. Outfall #1 was observed to be maintained and appeared to be dry.
5. The Spill Prevention Response Plan was reviewed and found to be complete.
The Wake Forest Asphalt plant's Stormwater Pollution Prevention Plan (SP3) is considered compliant.
Please continue your diligence in the Stormwater Pollution Prevention Plan. Should you or your staff
have any questions regarding this inspection or this correspondence, please do not hesitate to contact me
at 919-791-4256 or you can e-mail me at tom.ascenzo a ncdenr.gov.
Sincerely,
Thomas Ascenzo
Environmental Specialist
Surface Water Protection
Attachment: Compliance Inspection Reports
CC: PRO File NCG160012
Mr. Don Schell -Asphalt Plant Manager
6105 Chapel Hill Road, Raleigh, NC 27607
Permit: NCG160012
SOC:
County: Wake
Region: Raleigh
Compliance Inspection Report
Effective: 10/01/09 Expiration: 09/30/14 Owner: Fsc II LLC DBA Fred Smith Company
Effective: Expiration: Facility: Wake Forest Asphalt Plant
10501 N Capital Blvd
Contact Person: Michael Owens
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/02/2013
Primary Inspector: tom ascenzo
Secondary Inspector(s):
Title:
Entry Time: 10:00 PM
Wake Forest NC 27587
Phone: 919-380-8006
Certification:
Exit Time: 10:40 PM
Phone:
Phone: 919-791-4200
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: IN Compliant Q Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
Permit: NCG160012 Owner - Facility: Fsc II LLC DBA Fred Smith Company
Inspection Date: 05/02/2013 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?
■ ❑
❑
❑
# Does the facility provide and document Employee Training?
■ ❑
❑
❑
# Does the Plan include a list of Responsible Pary(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: Last training was February 2013. Plan contained all necessary components.
Qualitative Monitoring
Yes No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
■ ❑
❑
❑
Comment: 1/17/2013 Monitoring was conducted as according to permit.
Analytical Monitoring
Yes No
NA
NE
Has the facility conducted its Analytical monitoring?
0130
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑ ❑
■
❑
Comment: Analytical monitoring conducted 1/17/2013, 2/27/2013.. Plant became
online July 2012.
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?
■ ❑
❑ ❑
Comment: Outfall was dry at the time of inspection
Page:3
R,Eca n
_ - ,-NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 21, 2011
Jule Smith, President
FSC 11, LLC dba Fred Smith Company
6105 Chapel Hill Road
Raleigh, NC 27607
JUL 2 6 2611- .
Natural Resotti�
hO�y;unal0�ice
Dee Freeman
Secretary
Subject: NPDES General Permit NCG 160000
Certificate of Coverage NCG 160012
Wake Forest Asphalt Plant
Formerly Wake Forest Plant #10
Wake County
Dear Mr. Smith:
Division personnel have reviewed and approved your request to transfer coverage under the General
Permit, received on May 16, 2011.
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 Stonmwater Permitting Unit at (919) 807-6303.
Sincerely,
owmk a m m
KM PIME
Coleen H. Sullins
cc: Raleigh Regional Office
Stormwater Permitting Unit
Wetlands and Slormwater Branch
1617 Mail Service Center, Rall North Carolina 27699-1617
Location: 512 N, Salisbury St, Raleigh, North Carolina 27604
Phone: 919 807-63001 FAX'. 91 U07-64941 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
North Carolina
Naturally
An Equal Opportunity 1 AffnnaGre Action Employer
STATE OF NORTFI-C:AROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG160000
CERTIFICATE OF COVERAGE No. NCG160012
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,
FSC II, LLC dba Fred Smith Company
is hereby authorized to discharge stormwater from a facility located at
Wake Forest Asphalt Plant
10501 Capital Blvd
Wake Forest
Wake County
to receiving waters designated as a UT of Richard Creek in the Neuse River Basin in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111, IV, V
and Vl of General Permit No. NCG 160000 as attached.
This certificate of coverage shall become effective July 22, 2011.
This Certificate of Coverage shall remain in effect for the duration of the,General Permit.
Signed this day July 22, 2011.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Beverly Eves Perdue. Governor
Dee Freeman. Secreiary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
SURFACE WATER'PjROTECTrIONtSECTION�
PERMIT'NAMWQW,NI RMMP CHANGE FQAM
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N C 0 10 1 1 1 1 1 1 1 N I G G 6 0 0 1 2
11. Permit status prior to status change.
a. Permit issued to (company name): Blythe Construction, Inc.
13
12@20 V R
MAY 1 6 2011
for permit. Allen Cahill
First MI Last
President And Ceo
Title
P.O. Box 31635
Permit Holder Mailing Address
DENR . WATER QUAL
L:tl
Charlotte NC 28231
G d St mwatet Brerien
City State Zip
(704)375-8474 (704)375-7814
Phone Fax
c. Facility name (discharge):
Wake Forest Plant
d. Facility address:
10501 Capital Boulevard
Address
Wake Forest NC 27587
City State Zip
e. Facility contact person:
Allen Hendricks (704) 375-8474
First / MI / Last Phone
111. 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
/f other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
FSC II, LLC dba Fred Smith Company
Jule Smith
First MI Last
President
Title
6105 Chapel Hill Road
Permit Holder Mailing Address
Raleigh NC 27607
City State Zip
(919) 422-3213 fis3@frcdsmithcompany.com
Phone E-mail Address
Fred Smith Company - Wake Forest Asphalt Plant
10501 Capital Boulevard
Address
Wake Forest NC 27587
City State Zip
Don Schell'
First MI Last
(919)868-7377 don.schell@fredsmithcompany.com
Phone E-mail Address
Revised 1/2009
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact:
First MI last
Title
Mailing Address
City State Zip
Phone E-mail 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):
I, Allen CahilL, , attest that this application for a name/ownership change has been
reviewe nd is ccurate and5pniplete to the best of my knowledge. I understand that if all required parts
of thi applicat} fire no mpleted , ' fF{equired supporting information is not included, this
May 13, 201 1
Signature Date
APPLICANT CERTIFICATION
I, Jule Smith , 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 completedAnd that if all required supporting information is not included, this
application pack9ge will be 99 jurnes $tcamptete.,
✓(l✓J- May 13, 2011
Signature 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 1IM9
BILL OF SALE
FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May
13, 2011 (the "Purchase Agreement") between BLYTHE CONSTRUCTION, INC., a North
Carolina corporation (the "Seller"), on the one hand, and FSC II, LLC, a North Carolina limited
liability company d/b/a "Fred Smith Company" (`Buyer"), on the other hand, the Seller has
bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby
bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term
"Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall
have the meanings ascribed to such terms in the Purchase Agreement.
TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever.
The Seller makes no representation or warranty concerning the Assets except as
specifically provided in the Purchase Agreement. THE BUYER HAS BEEN AFFORDED AN
OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE
DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE
ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY
KIND (EXCEPT FOR A WARRANTY OF TITLE), WHETHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE FUTURE PERFORMANCE OR SUITABILITY OF SUCH ASSETS FOR
ANY PURPOSE WHATSOEVER.
This Bill of Sale will not constitute an assignment, attempted assignment or agreement to
assign any permit to the extent that any attempted assignment.or agreement to assign such permit
without the consent of any Person would constitute a breach thereof or would impair the rights of
the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and
agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of
sale, transfer, conveyance, assignment and confirmation and take such action as the Buyer may
reasonably, require in order more effectively to transfer, convey and assign to the Buyer, or to
confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof.
This Bill of Sale is delivered and effective as of the 13u' day of May, 2011.
"SELLER"
Alan Cahill, President and CEO
N10263891_v1
I File: Client Files <OIF-line>\1035\15P.BW493 I.DCCX1
BILL OF SALE
FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May
13, 2011 (the "Purchase Agreement") between BLYTHE CONSTRUCTION, INC., a North
Carolina corporation (the "Seller"), on the one hand, and FSC II, LLC, a North Carolina limited
liability company d/b/a "Fred Smith Company" (`Buyer"), on the other hand, the Seller has
bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby
bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term
"Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall
have the meanings ascribed to such terms in the Purchase Agreement.
TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever.
The Seller makes no representation or warranty concerning the Assets except as
specifically provided in the Purchase Agreement. THE BUYER HAS BEEN AFFORDED AN
OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE
DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE
ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY
KIND (EXCEPT FOR A WARRANTY OF TITLE), WHETHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
SELLER HEREBY EXPRESSLY DISCLAIMS ANY. WARRANTY OF
MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE FUTURE PERFORMANCE OR SUITABILITY OF SUCH ASSETS FOR
ANY PURPOSE WHATSOEVER
This Bill of Sale will not constitute an assignment; attempted assignment or agreement to
assign any permit to the extent that any attempted assignment or agreement to assign such permit
without the consent of any Person would constitute a breach thereof or would impair the rights of
the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and
agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of
sale, transfer, conveyance, assignment and confirmation and take such action as the Buyer may
reasonably require in order more effectively to transfer, convey and assign to the Buyer, or to
confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof.
This Bill of Sale is delivered and effective as of the 13" day of May, 2011.
"SELLER"
Alan Cahill, President and CEO
N10263891 _vl
I File: Client Files <Olr-line>1i0351151`,B W493I.DOCX1
ys�w v
• CD C R
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 1, 2009
Allen Hendricks
Blythe Construction, Inc.
PO Box 31635
Charlotte, NC 31635
DEC - 9 2009
f I
DEf1R !VLEl;!i
Natural Resources----'
esources--- ---
Dee Freeman
Secretary
Subject: NPDES General Permit NCG160000
Certificate of Coverage NCG160012
Blythe Construction, Inc.
Formerly Commercial Grading, Inc.
Wake County
Dear Mr. Hendricks:
On October 2, 2009, division personnel have reviewed and approved your request to transfer
coverage under the General Permit.
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. Envirommental Protection Agency.
If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6303.
Sincerely,
U
Coleen H. Sullins
cc: DWQ Central Files
Raleigh Regional Office
Stormwater Permitting Unit
Wake County
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91 U07-63001 FAX: 919-807.64941 Customer Service: 1-877.623-6748
Internet: www.nmaterquality.org
One
Nol-thCarolina
Naturally
An Equal Oppodunity 1 ARrmative Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGI60000
CERTIFICATE. OF COVERAGE No NCG760012
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,
Blythe Construction, Inc.
is hereby authorized to discharge stormwater from a facility located at
Wake Forest Plant #10
10501 Capital Blvd.
Wake Forest
Wake County
to receiving waters designated as a UT of Richland Creek in the Neuse River Basin in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V
and VI of General Permit No. NCG160000 as attached.
This certificate of coverage shall become effective December 1, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day December 1, 2009.
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission