NCG160203_COMPLETE FILE - HISTORICAL_20130708 (2)

STORMWATER-DIVISION CODING SHEET
RESCISSIONS .
PERMIT NO..
/ Y b h Iic� 03
DOC TYPE
EV COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑V)3
YYYYMMDD

O'r 3101 WILMINGTO N, NORTH CAROLINA 30402
PHONE [phone] • FAX [phone]
July 8, 2013
NCDENR
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn: Mr. Jim Gregson
RE: NOTICE OF VIOLATION
Permit No.NCG 160203
Malmo Asphalt Plant, LLC
Dear Mr. Gregson,
(CE0VE
JUL 1 1 1013
1 am in receipt of your Notice of Violation of Permit No.NCG 160203 dated July 3, 2013. 1 am a
bit taken aback by the violation as 1 was not aware that there was any additional reporting that
was required. I thought that when Mark Hargrove was getting the permit in 2010, this was a
renewal for our regular storm water pond that we initially constructed when we first built the
plant. 1 am still somewhat confused as to why I need a General Permit #160203, when we have
operated the asphalt plant for over ten years with no violations, no issues, no problems
whatsoever. 1 had hired a consultant, Conrad Carter of Alpha Environmental Management, and
the reporting that I have always done on a quarterly and annual basis has been related to our Air
Permit #08716RO3. All the communications I have had on a quarterly and annual basis have
been with Terry McCall. On a couple of occasions, Terry has made comments about the smoke
coming out of our stack, at which point we immediately had tests performed to allay any fears,
and everything was fine. I will address your concerns just as promptly as we have done for the
last ten years with air quality.
When Mark Hargrove filed for this NPDES storm water general permit, the instructions for
actions were only necessary if water was being discharged. Since we have never had any water
discharged, we did not realize any of the actions were applicable. We have never even had any
water standing in the pond until this past month following the record breaking rain. This is why
no testing has been done. I did not know that testing was required of us but had I known, I still
would not have had anything to test. In fact, we had to install a sprinkler system around the pond
in order to get the grass to grow for slope stabilization. The NOV states that we can start toward
being in compliance if sampling could be done from any discharge before the August 31`
deadline. As 1 have mentioned, we never have any discharge, so how am I to obtain a sample
from something that never happens? Again, Mr. Gregson, I am just honestly confused as to why
after ten years of what we believed to be following every regulation, suddenly we are found to be
in violation. The State issued the permit in 2010 and we have had no change in procedure since

I'll T

1.�
then. Wouldn't it stand to reason that any areas that needed attention would have been discussed
at the time that the permit was applied for and issued? Again, I fully intend to do everything
required to come into compliance. I simply wanted to note that we had no idea that we were not
in compliance, and were quite surprised by this Notice of Violation.
We work with Joanne Stecnhuis all the time and think she is a very capable and fair person with
sometimes a tough job. We will work with her to be sure we address every concern. In response
to the list of actions requested:
1. This letter serves to fulfill request #1. I have no excuses for not following your rules. I
simply did not realize that they were applicable because we had no discharge. Now I see
that further action is required, and I intend to comply.
2. Dan Mysuik has already compiled a notebook and had much of the infornation ready
upon Joanne's inspection. Dan will continue to work with Joanne to satisfy this
requirement.
3. Dan is already doing this and all the activities are being recorded on a daily basis.
4. 1 will have an engineer address what my options are on the piles of asphalt. We have no
intention of removing these piles, as they are constantly being recycled every day and
going back into making new asphalt, but I want to ensure that we are in compliance
regarding these piles. 'file first thing that I ant doing is hiring Michael Underwood and
Associates to do a topographic map of the area. I will provide that lopo to Mark
Hargrove and will engage him to find a solution that your office will approve.
5. We have contacted Wayne Randolph and will be in compliance with his rules within the
next two weeks. We have cleaned up the affected area and are in the process of pouring a
concrete bottom in the base of the confinement area, and this will satisfy Mr. Randolph. I
have not spoken with him personally, but Dan has, and we are following his suggestion
by installing this concrete base.
6. The Change of Ownership form will be handled by my office. We will send it to Mark
Hargrove to ensure it is filled out properly. A copy of the form is attached for your
records.
Though I may not necessarily agree with this violation, I do understand the importance of strict
regulations and adherence to guidelines. I also feel that the State has a responsibility as well as
the permit holder, and still don't quite understand how we are suddenly in violation after so many
years of seemingly being in compliance. The nature of my business involves constantly crossing
your path, often on behalf of my clients. Please be assured that we do not take this violation
lightly, and intend to remedy it as quickly as possible.
Thank you,
I W 5-."\
Keith Stark
Cc: Mark Hargrove

7
Division of Water Quality / Surface Water Protection
�` National Pollutant Discharge Elimination System
"C®ENR PERMIT NAMEIOWNERSHIP CHANGE FORM
Ervin rvnµi u.p I. M.0 Pcfpinc[y
OYONLY
Dale Receivetl
Year
Month
Day
Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N I C I S 10 1 1 N I C I G I 1 1 6 1 0 1 2 1 0 1 3
Permit status tMiff to requested change.
a. Permit issued to (company name): Malmo Asphalt Plant, LLC
b. Person legally responsible for penniC James K. Stark
First MI Last
Managing Member
Title
P.O. Box 2101
Permit I Iolder Mailing Address
Wilmington, NC 28402
City State Zip
910-794-1341 910-794-1343
Phone Fax
c. Facility name (discharge): _ _ Malmo Asphalt Plant
d. Facility address: 1516 Malmo Loop Rd.
Address
Leland, NC 28451
City State Zip
e. Facility contact person: Dan Mysuik [phone]
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: X 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:
B&K Coastal, LLC
James K. Stark
First MI Last
Manaeine Member
Title
P.O. Box 2101
Permit Holder Mailing Address
Wilmington, NC 28402
City State Zip
910-794-1341 910-794-1343
Phone Fax
Malmo Asphalt Plant
1516 Malmo Loot) Rd.
Address
NC 28451
City State 7_ip
Dan Mysuik
First MI Last
[phone] dmysuikCcapefeatpaving.com
Phone E-mail Address
Revised 2012Ap23

NPDES 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
itle
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?
X 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.
d 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, James Keith Stark, 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.
qltl� 0_ 7/8/13
Signature Date
APPLICANT CERTIFICATION
I, James Keith Stark, 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
package will be return as incomplete.
1
Jz�_ 5--::�>7/8/13
Signature Date
PLEASE SEND TIIE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7/2M

6=
C201129800156
State of North Carolina
Department of the Secretary of State
ARTICLES OF MERGER
SOSID: 03971117
Date Filed: 10/25/2011 3:27:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201129800156
Pursuant to North Carolina General Statute Sections 55-) 1-05(a), 55A-1 1-09(d), 55A-1 1-04, 57C-9A-
22(a), 59-73.32(a) and 59-1072(a), as applicable, the undersigned entity does hereby submit the following
Articles of Merger as the surviving business entity- in a merger between two or more business entities.
1. The name of the surviving entity is B & K COASTAL, LLC, a limited liability company, organized
under the laws of North Carolina,
2. The address of the surviving entity is:
Street Address 3612 HWY 421 N, Wilmington, North Carolina 28401, New Hanover County
3. The names of the merging entities are:
RIVERFRONT COMPANY, LLC, a limited liability company, organized under the laws of North
Carolina
And,
MALMO ASPHALT PLANT, LLC, a limited liability company, organized under the laws of North
Carolina
4. If the surviving business entity is a domestic business entity, the text of each amendment, if any, to
the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within
the Plan of Merger is attached.
5. A Plan of Merger has been duly approved in the manner required by law by each of the business
entities participating in the merger.
6. These articles will be effective upon filing unless a delayed date and/or time is specified
This the 4 day of October, 2011.
B & K COASTAL, LLC
IM ES KEITH STA K, Manager
I. Filing fee is b50 for For -profit entities.
2. Filing fee is $25 for Non-profit entities.
3. 'rhis document must be filet with the Secretary of State. Cenificate(s) of Merger must 6e registered pursuant to the
requirements of N.C.G.S. Section 47. 18.1
(Revised September 2005) (Form DE-15)
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NO 27626-0622