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HomeMy WebLinkAboutNCG200454_COMPLETE FILE - HISTORICAL_20050225STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V cc a 0 t) y 5 L DOC TYPE D4, HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ a DO o a A 15 YYYYM M DD NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DEMLR has the following contact information in our Permit Database for your permit as of 2/25/2015. Permit Number: NCG200454 Permit Type: Wholesale Trade of Metal Waste and Scrap Stormwater Diwhame COC Facility Name: Wise One - Charlotte Plan[ Facility Addressl: 4933 Brookshire Blvd Facility Address2: City, State & Zip: Charlotte. NC 28216 Owner Information Details: MUST submit a Change of Name/Ownership form to DEMLR to make any changes to this Owner information. See "Miscellaneous Forms" at htto://Dortal.ncdenr.org/web/Ir/nodes-stormwater Owner Name: Wise Reudina 1 LLC Owner Type: Non-Govemmen[ Owner Type Group: Oroanuation *** Legally Responsible for Permit *** (Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor, or any other person with delegated signatory authority from the legally responsible person.) Owner Affiliation: Grea Rochlin Title: Addressl: 7600 Rolling Mill Rd Address2: City, State & Zip: Baltimore. MD 21224 Work Phone: 410-285-6900 Fax: Email Address: Owner Contact Person(s) Contact Name Slue Aggress Phone Fn3 Email Facility Contact Person(s) Contact NamAggress Phone Fna Small Rick Gilbert 4933 Brookshire Blvd, Charlotte, NC 704-376-6129 - rgilbert@wiserecydin Permit Contact Person(s) Contact Name IM Address Phone fax Email Rick Gilbert 4933 Brookshire Blvd, Charlotte, NC 704-376-6129 rgllbert@%vi erecydin Permit Billing Contact Contact Name ILft Aggress Phone EM Email Fred Noah 4933 Brookshire Blvd, Charlotte, NC 704-343-9387 704-358-3013 28216 2/25/2015 Page RECEIVED WISE eECrCLING LLC Wise Recycling, LLC c/o A. Logsdon 805 Hammock Lane, Far-ragut TN 37934 NCDENR Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh NC 27699-1612 OCT 24 2014 DENR-LAND QUALITY STORMWATER PERMITTING October 21. 2014 RE: Notice of Ownership Change — NPDES Stormwater Certificate NCG200454 Location Sold 07/01/14 — New Owner/Operator Wise Recycling 1, LLC Facility: 4933 Brookshire Blvd, Charlotte NC 28216 Dear Stormwater Permitting Division, On July 1, 2014 the above referenced recycling facility was sold and is now under new ownership. The new owner/operator, Wise Recycling 1, LLC, intends to continue to operate the site as a recycling center. On July 30, 2014, we completed and signed the "prior" operator section of a Permit Name/Ownership Change Form and forwarded to the new owner/operator (Wise Recycling 1, LLC) for their signature and submission to NCDENR. To date we have not received confirmation that the new operator has in fact submitted the ownership change notice, therefore please accept this letter as our notice to you that effective 07/01/14 we are no longer operating the facility. A copy of the ownership change is attached for your reference. Below you will find contact information for the new owner/operator. Notice related to that facility for activities after 07/01/14 should be forwarded directly to them. NEW Owner/Operator: Wise Recycling 1, LLC (Fed ID 47-0986130) 7600 Rolling Mill Road Baltimore MD 21224 Phone: 410-285-6900 Greg Rochlin, CFO/President grochlin@wiserecycling.com Any correspondence related to the prior/original operator (Wise Recycling, LLC - Fed ID 52-2080576) should be forwarded to Wise Recycling, LLC Go A.Logsdon 805 Hammock Lane, Farragut TN 37934. If you have any questions feel free to contact me at 410-697-3248. Sincerely, K.G.Kalivoda Vice President Email: kkalivoda@wiserecycling.com • i , FOR AGENCY USE ONLY Day Dale Received Division of Energy, Mineral & Land Resources Land Quality Section/Stortmvater Permitting Year Month National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM // \� Pf I. Please enter the permit number for which the change is requested.m NPDES Petit (or) Certificate of Coverage N C S O N C G II. Permit status prior to requested change. a. Pennit issued to (company namtc): Wise Recycling, LLC b. Person legally responsible for permit: K. Kalivoda First MI List Vice President Title 555 Wise Road Pennh Holder Mailing Address Clayton NC 27520 City State Zip (919) 261-5171 (919 ) 325-4742 Phone Fax c. Facility name (discharge): Wise Recycling, LLC-Charlotte Plant d. Facility address: 4933 Brookshire Blvd Address Charlotte NC 28216 City State Zip c. Facility contact person: Rick Gilbert ( 704) 343-9387 First / MI / I.ast Phone III. Please provide the following for the reques(etj change (revised permit). a. Request for change is a result of: A Change in ownership of the facility ❑ Name change of the facility or owner Ifo(her please explain: b. Permit issued to (company name): c. Person legally responsible for pennit d. Facility name (discharge): e. Facility address: Wise Recgcling 1 LLC Greg Rochlln First MI Last President Title 7600 Rolling Mill Road Pemtit Holder Mailing Address Baltimore ND 21224 City State Zip ( 410) 285-6900 Phone E-mail Address [Vise ONE - Charlotte Plant 4933 Brookshire Blvd Address Charlotte NC 28216 City Slate -Lip f. Facility contact person: Rick Gilbert First MI Last ( 704) 376-6129 rgilber0wiserecycling.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan, 27, 2014 Division of Energy, Mineral & Land Resources Land Quality Section/Stortmvater Permitting Year Month National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM // \� Pf I. Please enter the permit number for which the change is requested.m NPDES Petit (or) Certificate of Coverage N C S O N C G II. Permit status prior to requested change. a. Pennit issued to (company namtc): Wise Recycling, LLC b. Person legally responsible for permit: K. Kalivoda First MI List Vice President Title 555 Wise Road Pennh Holder Mailing Address Clayton NC 27520 City State Zip (919) 261-5171 (919 ) 325-4742 Phone Fax c. Facility name (discharge): Wise Recycling, LLC-Charlotte Plant d. Facility address: 4933 Brookshire Blvd Address Charlotte NC 28216 City State Zip c. Facility contact person: Rick Gilbert ( 704) 343-9387 First / MI / I.ast Phone III. Please provide the following for the reques(etj change (revised permit). a. Request for change is a result of: A Change in ownership of the facility ❑ Name change of the facility or owner Ifo(her please explain: b. Permit issued to (company name): c. Person legally responsible for pennit d. Facility name (discharge): e. Facility address: Wise Recgcling 1 LLC Greg Rochlln First MI Last President Title 7600 Rolling Mill Road Pemtit Holder Mailing Address Baltimore ND 21224 City State Zip ( 410) 285-6900 Phone E-mail Address [Vise ONE - Charlotte Plant 4933 Brookshire Blvd Address Charlotte NC 28216 City Slate -Lip f. Facility contact person: Rick Gilbert First MI Last ( 704) 376-6129 rgilber0wiserecycling.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan, 27, 2014 III. Please provide the following for the reques(etj change (revised permit). a. Request for change is a result of: A Change in ownership of the facility ❑ Name change of the facility or owner Ifo(her please explain: b. Permit issued to (company name): c. Person legally responsible for pennit d. Facility name (discharge): e. Facility address: Wise Recgcling 1 LLC Greg Rochlln First MI Last President Title 7600 Rolling Mill Road Pemtit Holder Mailing Address Baltimore ND 21224 City State Zip ( 410) 285-6900 Phone E-mail Address [Vise ONE - Charlotte Plant 4933 Brookshire Blvd Address Charlotte NC 28216 City Slate -Lip f. Facility contact person: Rick Gilbert First MI Last ( 704) 376-6129 rgilber0wiserecycling.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan, 27, 2014 NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: 511 Title Mailing Address City State Zip ( ) Pharr E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to his ownership or name change? Yes No (please explain) V1 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. l PERMITTEE CERTIFICATION (Pemtit holder prior to ownership change): 1, attest that this application for a name/ownership change has been reviewed and is accurate and V omplete 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 d returnas incomplete. Signature Date APPLICANT CERTIFICATION I _, 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 infonnation is not included, this application package will be returned as incomplete. 1 r� Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stornrwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Rev,sed Jan. 27.2014 Execution Version BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement"), dated as of July 1, 2014, is made by and among Wise_ Recycling f,' LLC; a Delaware limited liability company (the "Comoanv"), Wise Recycling, LLC, aMarylandlimited liability company ("Wise Subsidiary'), Wise Recycling West, LLC, a Delaware limited liability company ("Wise Property Owner"), and Wise Metals Holdings LLC, a Delaware limited liability company ("Wise"). WHEREAS, the Company, Wise Subsidiary, Wise Property Owner, Wise, Source Recycling, LLC, a Delaware limited liability company, and Terrapin Metals Recycling, LLC, a Delaware limited liability company, are parties to that certain Contribution Agreement, dated as of June 30, 2014 (as may be amended, modified or supplemented from time to time, tire "Contribution Agreement"; capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in the Contribution Agreement), pursuant to which, among other things, Wise has agreed to cause Wise Subsidiary and Wise Property Owner to -transfer, assign, contribute and deliver to the Company all of Wise. Subsidiary's and Wise Property Owner's right; title -and -interest in -and to the Wise Contributed Assets, excluding the .Wise Excluded Assets, to the Company, and the Company has agreed to accept from Wise Subsidiary, all of Wise Subsidiary's right, title and interest in and to the Wise Contributed Assets and to assume the Wise Assumed Liabilities; and WHEREAS, the execution and delivery of this Agreement by the Company, Wise Subsidiary, Wise Property Owner and Wise is a condition to the obligations of the parties to the Contribution Agreement to consummate the transactions contemplated by the Contribution Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and in the Contribution Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, each party hereto agrees as follows: 1. Transfer of Wise Contributed Assets. For value received, effective as of the Closing and subject to the tenors and conditions of the Contribution Agreement, each of Wise Subsidiary and Wise Property Owner do hereby sell, transfer, assign, convey and deliver to the Company, its successes and assigns all of such party's right, title and interest in and to the Wise Contributed Assets, including, without limitation, all of the tangible personal property set forth on Schedule 1 attached hereto, free and clear of all Liens (other than Wise Permitted Liens), to have and to hold, all and singular, the Wise Contributed Assets forever, and the Company does hereby accept the sale, transfer, assignment, conveyance and delivery of all of such party's right, title and interest in and to the Wise Contributed Assets. Notwithstanding anything in this Agreement or the Contribution Agreement to the contrary, Wise and Wise Subsidiary are retaining ownership and possession of, and are not selling, transferring, conveying, assigning or delivering to the Company, any right, title or interest in, to or under, any asset other than the Wise Contributed Assets. CHI:2840662.2 2. Assumption of Obligations. As part of the consideration for the Company's purchase of the Wise Contributed Assets, effective as of the Closing, the Company hereby assumes, undertakes and agrees to perform, pay, honor, be liable for and discharge when due, any and all of the Wise Assumed Liabilities. 3. Further Actions. From and after the date of this Agreement, each of the parties hereto shall use all reasonable efforts to take, or cause to be taken, all appropriate action, do or cause to be done all things necessary, proper or advisable under applicable Law, and execute and deliver such documents and other papers, as may be required to carry out the provisions of this Agreement and consummate and make effective the transactions contemplated by this Agreement. 4. Miscellaneous. (a) Except as otherwise provided in the Contribution Agreement, the respective rights and obligations of the parties hereto shall not be assignable without the prior written consent of the other parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. (b) Nothing in this Agreement, express or implied, is intended to or shall be construed to modify, expand or limit in any way the terms of the Contribution Agreement. To the extent that any provision of this instrument conflicts or is inconsistent with the terms of the Contribution Agreement, the Contribution Agreement will govern. (c) This Agreement may not be amended or modified except in a writing signed by the parties hereto. (d) This Agreement shall be exclusively interpreted and governed by the Laws of the State of Delaware and the federal laws applicable therein, without regard to its conflict of law provisions. (e) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signature Pages Follow] IN WITNESS WHEREOF, each of the parties hereto -has executed and delivered this Bill of Sale, Assignment and Assumption Agreement as of the date first above written. COMPANY: WISE RECYCLING I, LLC By: a reg Rochlin itle: Chief Executive Officer WISE SUBSIDIARY: WIS YCL LLC By: Name: Robeh Ericson Title: Vice President and Secretary WISE PROPERTY OWNER: WISE CY L ES , LLC By: Name: Robert ricson Title: Vice President and Secretary WISE: WISE HOD GS LLC By: Name: Robert W. Ericson Title: Executive Vice President, Chief Legal Officer and Secretary [Signature Page to Wise Bill of Sale, Assignment and Assumption Agreement] ®i k NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Greg Rochlin Wise Recycling 1, LLC 7600 Rolling Mill Road Baltimore, MD 21224 Dear Mr. Rochlin: July 31, 2014 John E. Skvarla, III Secretary �� CEI v ED AUG 15 2014 CENTRAL FILES DWQ/BOG Subject: NPDES General Permit NCG200454 Wise Recycling 1, LLC Formerly Wise Recycling, LLC Certificate of Coverage NCG200454 Mecklenburg County Division personnel received your request to revise your stormwater pennit Certificate of Coverage to accurately reflect your new company and/or facility name. 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 or need further information, please contact the Stonnwater Permitting Program at (919) 707-9220. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office, Z. Khan Stormwater Permitting Program Files Central Files Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/lrl An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL. PERMIT NO. NCG200000 CERTIFICATE OF COVERAGE No. NCG200454 STORMWATER AND PROCESS WASTEWATER 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, Wise Recycling 1, LLC is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Wise One — Charlotte Plant 4933 Brookshire Blvd Charlotte Mecklenburg County to receiving waters designated as Stewart Creek, a class C creek, Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, and V of General Permit No. NCG200000 as attached. This certificate of coverage shall become effective July 31, 2014. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 31, 2014. for Tracy 3E."Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Wise Recycling, LLC - Corporate Office 555 Wise Road, Suite 200 Clayton NC 27520 June 4, 2012 NC Department of Environment & Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh NC 27699-1617 RE: Notice of Mailing Address Change Permit # NCG200454 (Mecklenburg County) Address: 4933 Brookshire Blvd, Charlotte NC 28216 Dear Sir/Madam: Wise Recycling has moved it's corporate office from Maryland to North Carolina. All requests and correspondences should be forwarded to our new address. Effective immediately please update your system to reflect the address shown below. Business Business Mailing Wise Recycling, LLC 555 Wise Road, Suite 200 Clayton NC 27520 If you have any questions feel free to contact me at 919-261-5171 Sincerely, �", &R e9 C� K.G. Kalivoda N "IN 7 2012 CC, -To�, h 97 NCDENR i\ North Carolina Department of Environment and Natural Beverly Eaves Perdue Governor Wise Re ling LLC 857 Elkr' Landing Rd. 5-600 Linthic 21090--� ��— WISE RECYCLING, LLC <�Attn: Kathy Kalivoda hV� 555 Wise Road, Suite 200 Clayton, NC 27520 Division of Water Quality Coleen H. Sullins Director February 11, 2010 Dear Resources y 01) FEB 16 2010 Dee Freeman O Py Secretary NPDES Stormwater Permit Coverage Renewal Wise Recycling, LLC-Charlotte Plant COC Number NCG200454 Mecklenburg County Your facility was previously granted coverage under stormwater general permit NCG200000. This letter serves as your notification that the Division of Water Quality (DWQ) has reissued the general permit and that your facility's coverage will continue under the conditions of the reissued general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: A new Certificate of Coverage A copy of stormwater General Permit NCG200000 A copy of a Technical Bulletin for the General Permit • Five copies of the regular and annual summary Discharge Monitoring Report (DMR) Forms • Five copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all the changes in the reissued permit. The more significant changes in the General Permit since your last Certificate of Coverage are as follows: Semi-annual analytical monitoring with benchmarks replaces annual monitoring with cut-off concentrations Refinements and clarifications to the SPPP requirements; refer to Part Il, Section A • New analytical monitoring parameters including pH, Cu, Fe, Zn and ORG Tiered response requirements for benchmark exceedences based on analytical results, and direction to notify the DWQ Regional Office in the event of four benchmark exceedances (Fe not included); benchmarks are not limits • Semi-annual qualitative monitoring during a representative storm event Semi-annual (instead of annual) vehicle maintenance analytical monitoring with benchmarks (if required) • Requirement to use forms provided by the Division to record qualitative monitoring results Requirement to submit an annual monitoring summary to the DWQ Regional Office by March 1 of each year Wetlands and Stonnwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St Raleigh, North Carolina 27604 NorthCarollrta Phone: 919-807-6300 \ FAX: 919-807-6494 \ Customer Service: 1.877-623-6746 Internet www.nmaterquality.Ong Naturally An Equal Opportunity \ Affirmative Acton Employer NCENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Ms. Kathy Kalivoda, Operations Manager Wise Recycling, LLC 857 Elkridge Landing Road, Suite 600 Linthicum, MD 21090 Subject: Dear Ms. Kalivoda: February 15, 2011 Natural Resources Dee Freeman Secretary Stormwater Discharge Outfall Annual Data Summary Wise Recycling at 4933 Brookshire Blvd., Charlotte NPDES Stormwater Permit NCG200000 Certificate of CoverageNCG200454 Mecklenburg County This Office is in receipt of your recent submission of the Stormwater Discharge Outfall Annual Data Summary for the semi-annual stormwater conducted in 2010 at the three ouffalls at the Wise Recycling, LLC Charlotte facility. The annual report noted that none of the ouffalls were in Tier 2 status for exceedances of the benchmark values noted in General permit NCG200000. However, this Office's review of the data shows that all three outfahs should be in Tier 2 as of the October 25, 2010 sampling. Monthly sampling at each outfall should have commenced with your receipt of the analytical sampling data for the noted sampling event. Below is. a summary of the parameters, which exceeded the benchmark values in the general permit during both stormwater sampling events in 2010. • Outfall 1 — Total suspended solids (TSS), copper, lead, and zinc • Outfall 2 — Copper, lead, and zinc • Outfall 3 — Total suspended solids, copper, lead, and zinc With receipt of this letter please institute the Tier 2 response noted in the general permit in Part II, Section B (Page 6 of 9) if you have not already done so. The facility has been in Tier 1 since the February 22, 2010 sampling. The tiers within the permit require the permittee to take measures to reduce the pollutants in stormwater discharged from their sites associated with industrial activities. If the facility moves into Tier 3 (four exceedances of a benchmark value) please contact this office within 30 days of receipt of the analytical results (for the fourth exceedance). Our review of the data also noted another issue with the Stormwater Discharge Outfall Annual Data Summary. For oil and grease and cadmium you noted "none" for some of the sampling results. This notation was most likely used because these parameters were not detected above the detection level established by the analytical laboratory. The notation of "none" does not allow the Division to determine if the analyte in question was detected above or below the benchmark value noted in the permit. To rectify this issue, you should report a numerical value for each parameter that must be monitored under the General permit. For those parameters that are not detected above the detection level established by the analytical laboratory you would report < and the associated detection level reported by the laboratory. For example, if the analytical laboratory established a detection level of 5.0 mg/L for oil and grease but Mooresville Reclonal Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-15991 Fax: (704) 662 60401 Customer Service: 1-877-o23-6748 (Jllf Internet , htlpalpotlal.ncdencorglwehiwc North Carolina Ms. Kathv Kalivcda, Wise Recycling, LLC Stormwater Discharge Outfall Annual Data Summary, Page 2 -ebruary 15, 2011 noted that it was not detected in your sample, you would report < 5.0 mg/L on your Stormwater Discharge Outfall Annual Data Summary. If you have questions concerning the Tiers within General permit NCG200000, the reporting of data on the Stormwater Discharge Outfall Annual Data Summary, or any other part of the permit please do not hesitate to contact me at (704) 663-1699 or marcia.alloccoOr ncdenr.gov. /Sincerely, Marcia Allocco, MS Environmental Chemist Surface Water Protection cc: Stormwater permitting MCWQP, Rusty Rozzelle City of Charlotte, Craig Miller Young, Sarah From: Kathy Kalivoda [kgkalivo@wiserecycling.com) Sent: Friday, February 05, 2010 12:14 PM To: Young, Sarah Subject: Mailing address change - Wise Recycling Ms Young, It is my understanding NCDENR has an old mailing address (Po Box 28737) on file for Wise Recycling. We discontinued the post office box several years ago. Please note the new Owner Mailing Address. This mailing address change is for all Wise Recycling locations including, but limited to the below listed permits. This change is effective immediately. OWNER MAILING ADDRESS: Wise Recycling, LLC 857 Elkridge Landing Road, Suite 600 Linthicum MD 21090 410-609-9256 Tel 410-609-0226 Fax FED ID 52-2080576 PERMITS: /eNCG2004 Facility Address: 4933 Brookshire Blvd, Charlotte NC (Mecklenburg County) G300446 — Facility Address: 555 Wise Road, Clayton NC (Johnston County) NCGNE0174 —Facility Address: 1617 Capital Blvd, Raleigh NC (Wake County) NCGNE0173 — Facility Address: 305 West Magnolia St, Whiteville NC (Columbus County) Give me a call if you have any questions. Sincerely, Kathy Kalivoda Wise Recycling, LLC — Corporate Office 857 Elkridge Landing Road, Suite 600 Linthicum MD 21090 410-609-9256 phone 410-609-0226 fax Re: NCG200454 Wise Recycling LLC, Charlotte Subject: Re: NCG200454 Wise Recycling LLC, Charlotte From: Michael Parker <michael.parker@ncmail.nct> Date: Mon, 23 Jul 2007 14:32:32 -0400 To: Bill Diuguid <bill.diuguid@ncmail.net> Bill feel free to issue the COC at your leisure. Mike Bill Diuguid wrote: Michael Parker, Mooresville Regional Office: Please review the attached NOI application for Wise Recycling, LLC, Charlotte. I've also attached a scanned copy of the NOI for your review and a location map. COC # Facility Location City NCG200454 Wise Recycling, LLC 4933 Brookshire Blvd Charlotte 28216 If you need any more info, give me a call appreciate it, so I can issue their COC. Thanks. Bill Diuguid If you could respond by 8/20/2007, I'd William H. Diuguid, AICP Community Planner, Wetlands and Stormwater Branch Division of Water Quality Department of Environment and Natural Resources 1617 Mail Service Center Raleigh North Carolina 27699-1617 Phone: 919-733-5083, ex 382 Fax: 919-733-9612 Michael Parker - Michael._P_a_rker@ncmail.net Environmental Engineer II North Carolina Dept. of Environment & Natural Resources Division of Water Quality 610 East Center Avenue Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 1 of 1 7/23/2007 2:55 PM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleco H. Sullins, Director Division of Water Quality July 27, 2007 Ms. Kathy Kalivoda Wise Recycling LLC 857 Elkridge Landing Road, Suite 600 Linthicum, Maryland 21090 Subject: General Permit No. NCG200000 Wise Recycling LLC COC No. NCG200454 Mecklenburg County Dear Ms. Kalivoda: In accordance with your application for a discharge permit received on July 7, 2007, we are forwarding herewith the subject certificate of coverage (COC) to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality (DWQ). The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This pen -nit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. Since your permit for your previous facility at 2001 Wilkinson Blvd (NCG30045) ultimately became a `No Exposure Certification' (NCGNEO175), you may want to submit the same request for your new facility location, if you believe it is eligible for a `No Exposure Certification.' The form is downloadable from the DWQ website. If you have any questions concerning this permit, please contact Bill Diuguid at telephone number (919) 733-5083 ext. 382. Sincekel BY KEN PICKLE Coleen H. Sullins cc: Mooresville Regional Office Central Files Stormwater Permitting Unit Files Attachments N iihCarolina Xal turnlly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet www.newaterguality.org location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Customer Service 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG200000 CERTIFICATE OF COVERAGE No. NCG200454 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, Wise Recycling LLC is hereby authorized to discharge stonnwater from a facility located at Wise Recycling LLC 4933 Brookshire Blvd Charlotte Mecklenburg County to receiving waters designated Stewart Creek, a Class C creek, Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,11I, IV, V and VI of General Pennit No. NCG200000, as attached. This Certificate of Coverage shall become effective July 27, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 27, 2007. ORIGINAL SIGNED BY KEN PICKLE Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Wise Recycling, LLC Latitude:35°16'27" NCG2OO454 Longitude: 80153'12" County: Mecklenburg county Wise Recycling, Stream Class: C Receiving Stream: Stewart Creek Sub -basin: 03-08-34 (Catawba River Basin) Stream Index: 11-137-1-2 Facility v K6GT LLC.. Location. NOT ICAUD Division of Enerat,.Mineral&. Land Resources '!FOR AGENCY,USE ONLY e•� ipalo Recolvee I �P Land Quality Seetion/Sto inwater Permitting I year 11 Mw,m loaq I M� ®ENn National Pollutant' Discharge EliminationSystem �t�wu .° -••°•- - •-��-•°°• PERMIT'NAMEIOWNERSHIP CHANGE FORM Please enter the permit number for which the change is requested. NPDES Permit (or) CertificatcrofCoverage N I C I S T o , I C 11 iG Permit status prior to requested change. a. Pennit issued to (company name): Vise Recycling, LLC b. Person legally responsible for permit: R. kalivoda First MI Last Vice President iritle 555 Wise Road PennipHoider Mailing Address Clacton NC:27520 'City 'State 'Zip '( '919 ) '261-5174 I(919) 325-4742 Phone Fax c. Facility name (discharge): (Wise Recycling, :LLC-Charlotte Plant d. Facilityaddress: 4933 Brookshire :Blvd .Address Charlotte,NC '28246 'City ;State 'Zip c. Facility contact person: Rick G1'l hart (( 704?) 343-9387 First bmt / East Phone III. Please prondde the following for the requesteg change'(ret ised'permit). a. Request for change is.a result of: a Change in owncrsliip-ofthcfacility ❑ Name change ofthe facility,onowner lfodter please e lkiin: b. Permit issued to (company name): c. Person legally responsible for permit: RECEIVED JUL 28 2014 DENR-LAND QUALITY STORMWATER PERMITTING wise Recycling. d, LLC Greg Rochlin Firsl:MI Last Title 7600 Rolling.Mill:Road IPeouIl1H6liler:Mailiag Addrcss Baltimore ;AID 21'224 _ City ;state 'Zip 4'1'7R5-690D !Shane :E-nliitAddress d. Facilitynamr(discltarge): wise ONE --Charlotte :Plant e. Facility address: 4933 Brookshire Blvd Address Charlotte NC 2821C City strue 'Zip f. Facility contact person: Rick Gilbert �Firsl :1141 :Last ( 704) 376-61.29 rgilbent@toiserecycling..com Phone lE-tnail,Address IV. Permit contact information (if different from the.personlegally-responsible foi the;pernut) Revised Jan. 27, 2014 jrat _ — �, :s� mil ,� �+��,. i `+• �t NPDESPERMIT iNAME/OWNERSHIP'CHANGE,FORM Page 2 of 2 Permit contact. First Title Mailing.Address City State :Zip 'Rhone !F-mail.Address V. Wilt the permitted facility continue to conduct the same industrial.activities�coniiucted,prim (o this ownership or name change? �( Yes ❑ No (please explain) vl Required Items: THIS APPLICATION WILL BE RETURNED UNP.ROCESSEWIFATEMS ARE INCOMPLETE ORAIISSING: This completed applicatiowis required for both nante,chauge ani /onotenersliipichange requests. ❑ Legal documentation ofthe transferof ownership !(such:as:rclevangpages oGwcontract,deed, of a bill of sale)'is.reguired for an ownership change: request, Artieles,ofiincorporatiomare .not sufficient for an ownership,change. The certifications below must be completed and signed by both the pentiit'holder prioi to,the change„and the new applicant in the case of an ownership change request, For a nanic,change request,;tImsigned Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Peimitholdcrpr9or to ownership change): 11 attest that this application for a nanie/ownership change,ltasibeenac N iewed;and�is:accurate:and omplete to the best my knowledge. I understand that'ifa[I required pails, of this;apphcation:aremoi co irpletedand that if all required supporting inforinanoniis not included, this applicationpackageavilllbe returned as incomplete. Signanue Date APPLICANT CERTIFICATION 1 _, aitcst that lii;:application for naniclownersliip change !has lbeemredieweihand;is:accurnte:and _ complete to the best of my knowledge.:Iunderstand that if alItequhed,puns,of,thisnpplicationuremot completed and that if all required supporting'infonnation 'is not included, this: applicationpackage tvilllbe returned as incomplete. �7 _ ignature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE'TO: Division of Cnergy,.MincralandiLmiti Rcsource, Stonuwater Permining ,Pro, -ant 1612 Mail Service -Center Raleigh, North Carolina 27699-1642 Rev.sea Jan. 27, 2014 Execution Version BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement"), dated as of July 1, 2014, is made :by and among Wise Recycling 1,;LLC,;a Delaware limited liability company (the "Company'), Wise Recycling, LLC„a:Maryland limited liability company ("Wise Subsidiary'), Wise Recycling West,;LLC,:a Delaware llitriitediliability company ("Wise Property Owner"), and Wise Metals Holflings!LLC,;alDdlaware)liniitedjiability company WHEREAS, the Company, Wise Subsidiary, Wise (Property Owner, Wise, Source Recycling, LLC, a Delawarelimited liability company, and Terrap''in.Metals:Recydling,,LLC,;a Delaware limited liability company, areipartiesto,that cerwin�Contribution:Agreement,,dated;ns of June 30, 2014 (as may be amended, modified or supplemented :from time 'do time, the "Contribution Agreement"; capitalized terms used but not otherwise -defined )herein shall )have the respective meanings ascribed thereto in the Contribution Agreement), ,pursuant ito ,which, among other things, Wise has agreed to cause Wise Subsidiary and Wise ?Property Owner to transfer, assign, contribute and deliver to the Company :all of Wise Stbsidiary's and Wise Property Owner's right, title and interest in and to the Wise Contributed Assets, excluding -the Wise Excluded Assets, to the Company, and the Company has :agreed .to :accept from `Wise Subsidiary, all of Wise Subsidiary's right, title and interest in and to the'Wise Contributed Assets and to assume the Wise Assumed Liabilities; and WHEREAS, the execution and delivery of this :Agreement by ithe Company, `Wise Subsidiary, Wise Property Owner and Wise its a condition toithe,obIigations ofthe,parties;to it lie Contribution Agreement to consummate the transactions contemplated lby ithe Contibution Agreement. NOW THEREFORE, in consideration of the mutual ,promises ;and covenants ;set iforth herein and in the Contribution Agreement, and other,goodand valuableiconsideration,thcireceipt and sufficiency of which is -hereby acknowledged, :and iintending rto Ibe legally (bound hereby, each party hereto agrees as follows: 1. Transfer of Wise Contributed Assets. For value received, effective :as of :the Closing and subject to the terms and conditions of the Contribution Agreement,,each of'Wisc Subsidiary and Wise Property Owner do hereby scll, transfer,assign, convey;and deliverno dhe Company, its successors and assigns all of:such party':s right,,title:and,interest;in:and to,the`Wise Contributed Assets, including, without limitation, all of the tangible personal; property set foeth on Schedule J attached hereto, free and clear of all Liens (other than Wise Permitted Uiens),,to have and to hold, all and singular, the Wise Contributed Assets horever,:andrthe Company does hereby accept the sale, transfer, assignment, conveyance and detiveryaf;alllofsuoh,part}'s�right, title and interest in and to the Wise Contributed Assets. Notwithstanding ;anything iin ithis Agreement or the Contribution Agreement to the contrary, Wise ;and Wise (Subsidiary ,are retaining ownership and possession of, andareatot selling,'transferring, conveying, assi.griing or delivering to the Company, any right, title or iinterest in, .to -or !under, any asset (other ithan ithe Wise Contributed Assets. CH1:2840662.2 2. Asstnnotion of Obligations. As pail of the consideration for .the Company':s purchase of the Wise Contributed Assets, effective as of:the Closing, ithe Company'hereby assumes,'undettakes and agrees to perform, pay, :honor, 'be llialile for and idiscliarge when aue, any and all of the Wise Assumed Liabilities. 3. Further Actions. From and after the date of:this-Agreement, eadh,of,the;parties hereto shall use all reasonable efforts to take, or -cause tolbe,taken,:al I:appropriatc,action,•do,or cause to be done all things,necessary, properor:advisableiutide riapplicableiLaw,,,andiexecute:and deliver such documents and other papers,.as maybe requiredito carry out the•provisions,ofdh'is Agreement and consummate and make effective the transactions contemplated Iby (his Agreement. 4. Miscellaneous. (a) Except as otherwise provided in the Contribution Agreement, title respective rights and obligations of the parties hereto shall not The assignable ;without'the iprior written consent of the other parties hereto. 'finis .Agreement shall Ibe Ibindingtttpon:and iinure to the benefit of the parties hereto and their respective:successors and perniittedrassigns. (b) Nothing in this Agreement, •express or'implied, its untended ,to or'shall Ibe construed to modify, expand or'limit in an}, way the •teens,ofithe'Contribution:Agreement. To the extent that any provision of this instrument Conflicts Or is lit=nsistenrwithithe ternts,oNlie Contribution Agreement, the Contribution Agreemenrwill;govern. (c) This Agreement may not be amended nor modified except in ,a writing signed by the parties hereto. (d) '['his Agreement shall be exclusively;inteipreted:and governedlby,the Laws of the State of Delaware and the federal laws applicable therein, Without iregard ,to its conflict of law provisions. (e) This Agreement may ibe executed 'in .two or more counterparts, each .of which shall be deemed an original, but all of which together shall constitute one :and the same instrument. [Signature Pages Fo'l1owJ IN WITNESS WHEREOF, each of the,parties hereto lhas,cxccutcd.and delivered this Bill of Sate, Assignment and Assumption Agreement as of,the date firstzbove,written. COMPAIV'Y: WISE RECYCLING I, LLC By a�� . regiRochlin Title: -chief JExecativeiOfficer WISE SUBSIDIARY: WIS 7YC!L4T,,J,LC By: Name: Robe tEricson Title: Vice President:and:Secretary WISE PROPERTY OWNER: WISE CY ] ES'','LLC By I I; i Name: Robert 3rieson Title: ViceiPresidentiand;Secrelary RISE: WISE PIOI'il) ,I'GS LLC i By: Name: Robert W. Ericson Title: Executive Vice President,'Chief Legal-Officer;and Secretary [Signature Page to Wise Bill of -Sale, Assignment and:Assumption:Agrcemcnt]