Loading...
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