HomeMy WebLinkAboutNCG160013_COMPLETE FILE - HISTORICAL_20130506STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
DOC TYPE.
❑HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ j o 13 D5 c)b
YYYYM M D D
,/ !
NC® Odic"Resources
North Carolina Department of Environment and Nat
Pat Mc Crory
Governor
Jule Smith, President
FSC II, LLC dba Fred Smith Company
6105 Chapel Hill Road
Raleigh, NC 27607
Dear Mr. Smith:
Division of Water Quality
Charles Wakild, P.E.
Director
May 6, 2013
Subject: Compliance Evaluation Inspection
Holly Springs Asphalt Plant
Formerly Holly Springs Plant 49
Certificate of Coverage No. NCG160013
Wake County
John E. Skvarla, III
Secretary
On May 6, 2013, Thomas Ascenzo of the Raleigh Regional Office (RRO) conducted a compliance
inspection (CEI) of Holly Springs Asphalt plant's stormwater pollution program. The assistance of Don
Schell and James McDougal Asphalt Plant Foreman was appreciated as it facilitated the inspection
process.
The Holly Springs Asphalt facility discharges stormwater to receiving waters designated as UT of Jim
Branch in the Cape Fear River Basin.
The following observations were made:
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 22, 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.
Nor hCarolina
Aaturn!!y
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service
Intemet: www.newaterquality.urg Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110 % Post Consumer Paper
Holly Springs Asphalt Plant NCG160013
:l
2. Qualitative monitoring was conducted on January 17, 2013.
3. Analytical Monitoring was conducted on January 17, 2013.
4. Outfall #1 was observed to contain silt build up and some erosion. It was suggested in
the inspection to install rip rap in the outfall to decrease silt flow. It should be noted that
heavy rainfall was observed at the site previous to observation. Outfall #2 consist of a
retention pond that contained slight flow from the yard. Outfall #3 was observed to
contain slight flow with no signs of solids or pollutants.
5. The Spill Prevention Response Plan was reviewed and found to be complete.
The Holly Spring 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.ascenzogncdenr.gov.
Sincerely,
Thomas Ascenzo
Environmental Specialist
Surface Water Protection
Attachment: Compliance Inspection Reports
CC: RRO File NCG160013
Mr. Don Schell -Asphalt Plant Manager
6105 Chapel Hill Road, Raleigh, NC 27607
Permit: NCG160013
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: Holly Springs Asphalt Plant
7600 Cass Holt Rd
Contact Person: Don Schell
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/0612013
Primary Inspector: tom ascenzo
Secondary Inspector(s):
Title:
EntryTime: 10:00 AM
Holly Springs NC 27540
Phone: 919-868-7377
Certification:
Exit Time: 10:30 AM
Phone:
Phone: 919-791-4200
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
Permit: NCG160013 Owner • Facility: Fsc 11 LLC DBA Fred Smith Company
Inspection Date: 05106/2013 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?
■
❑
❑
C3
# Does the facility provide and document Employee Training?
■
❑
❑
❑
# Does the Plan include a list of Responsible Party(s)?
■
❑
❑
❑
# 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: SP3 contained all necessary components. Plan is updated annually.
Qualitative Monitoring
Yes No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
■
❑
❑
❑
Comment: January 17, 2013 second monitoring event is scheduled in June 2013
Analytical Monitoring
Yes No NA
NE
Has the facility conducted its Analytical monitoring?
■
❑
❑
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑
❑
■
❑
Comment: January 17, 2013 monitoring was conducted
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?
■
❑
❑
❑
Page:3
r
Permit: NCG160013 Owner • Facility: Fsc II LLC DBA Fred Smith Company
Inspection Date: 05/0612013 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: 3 outfalls were inspected. Outfall #1 has signs of erosion. Suggestion to
install rip rap in outfall to reduce silt and erosion issue. Outfall #2 was located into a
retention pond had a slight flow, Out #3 had slight flow noted.
Page: 4
North Carolina
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
Jule Smith, President
FSC 11, LLC dba Fred Smith Company
6105 Chapel Hill Road
Raleigh, NC 27607
Dear Mr. Smith:
July 21, 2011
RPCEIVED
JUL 2 6 2011
Natural ResourcWaQ,,1,
1"1jRpff;Ce
Dee Freeman
Secretary
Subject: NPDES General Permit NCG160000
Certificate of Coverage NCG 160013
Holly Springs Asphalt Plant
Formerly Holly Springs Plant #9
Wake County
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 Stomiwater Permitting Unit at (919) 807-6303.
Sincerely,
Colecn FI. Sullins
cc: Raleigh Regional Office
Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 919-807-63001 FAX: 919807-64941 Customer Service: 1-877-623-6748
Internet www.nmaterquality.org
One
NorthCarolina
Naturally
An Equal Opportunity 1 Afinnabye Action Employer
STATL'-LT-NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG160000
CERTIFICATE OF COVERAGE No. NCG1600I3
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 11, LLC dba Fred Smith Company
is hereby authorized to discharge stormwater from a facility located at
Holly Springs Asphalt Plant
7000 Cass Holt Road
Holly Springs
Wake County
to receiving waters designated as a UT of Jim Branch in the Cape Fear River Basin' in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V
and VI of General Permit No. NCG160000 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.
fa' Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
1
F wnrF
pip ,9oG Btvcrly Eaves Ptrduc. Governor
t7 Dee Freeman, Secretary
ti North Carolina Department or Environment and Natural Resources
O Y
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER^PROTECTION $ECTI0-0
PERMITtiNA1VIEI0,WNEILSHIP,%@HANGE;FORIGI' °. - '
Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N I C 10 10 N I C 1 G 6 10 10 1 1 1 3
Permit status pr10r to status change.
a. Permit issued to (company name): Blythe Construction, Inc.
b. Person legally responsible for permit: Allen Cahill
First MI Last
President And Ceo
Title
P.O. Box 31635
Permit Holder Mailing Address
Charlotte NC 28231
City State Zip
(704)375-8474 (704)375-7814
Phone Fax
c. Facility name (discharge): Holly Springs Plant
d. Facility address: 7000 Cass Holt Road
Address
Holly Springs NC 27540
City Slate Zip
e. Facility contact person: Allen Hendricks (704) 375-8474
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):
c. Person legally responsible for permit:
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
FSC 1I, 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@fredsmithcompany.com
Phone
E-mail Address
Fred Smith Company - Holly Springs Asphalt Plant
7000 Cass Holt Road
Address
Holly Springs
NC 27540
City
State Zip
Don
Schell
First
MI Last
(919) 868-7377
don.schell@fredsmithcompany.com
Phone
E-mail Address
Revised 1rM
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):
1, Allen Cahill attest that this application for a name/ownership change has been
revi ed an is act rate an omplete to the best of my knowledge. I understand that if all required parts
o his applic io}f are not co lety ed and that if all required supporting information is not included, this
oolicati a aee will e t as ncomolete.
w✓"f May 13, 2011
Signature Date
APPLICANT CERTIFICATION
1, 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 completed and that if all required supporting information is not included, this
application a kage will be r t t as incomplete.
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 IrM
BILL OF SALE
FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May
13, 2011 (the "Purchase A reement") 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 1301 day of May, 2011.
"SELLER"
R10263891_vl
{File: Client Files <On-line>\1035\151tBW4931.DOCX1
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 130i day of May, 2011.
"SELLER"
N10263891_vl
j File: Client Files <Olr-line>U35%l5l\BW493 I.DOCXI
North Carolina
Beverly Eaves Perdue
Governor
Allen Hendricks
Blythe Construction, Inc.
PO Box 31635
Charlotte, NC 31635
Dear Mr. Hendricks:
HC E R
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
December 1, 2009
l iJ l
.� DEC - 9 20(19
Natural Resources
Dee Freeman
Secretary
Subject: NPDES General Permit NCG 160000
Certificate of Coverage NCG 160013
Blythe Construction, Inc.
--- Formerly Commercial Grading, Inc.
Wake County
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 terns 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 919-807-6303.
Sincerely, ..
b/Coleen H. Sullins
cc: DWQ Central Files
Raleigh Regional Office
Stormwater Permitting Unit
Wake County
Wetlands and Stormwater emnch
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
North Carolina
Aatural&
An Equal Opportunity 1 Afrmatwe Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO NCC160000
CERTIFICATE OF COVERAGE No. NCG160013
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
Holly Springs Plant #9
7000 Cass Holt Road
Holly Springs
Wake County
to receiving waters designated as a UT of Jim Branch in the Cape Fear 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.
x ?C &
4— Coleen FI. Sullins, Director
Division of Water Quality '
By Authority of the Environmental Management Commission