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HomeMy WebLinkAboutNCG500354_Owner Name Change_20100512NPDES DOCUHENT SCANNING COVER SHEET NPDES Permit: NCG500354 Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Owner Name Change 'N Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: May 12, 2010 This doc» m ent is printed on reuse paper - ignore any content on the rezrerse side AttwA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 12, 2010 PHILLIP P TARSOVICH PRESIDENT SLURRY PAVERS INC 1277 MOUNTAIN ROAD GLEN ALLEN VA 23060 Subject: NPDES Permit Modification- Name and/or Ownership Change Slurry Pavers, Inc. Formerly BKEP Materials, LLC Certificate of Coverage NCG500354 Carteret County Dear Mr. Tarsovich: Division personnel have reviewed and approved your request for ownership change of the subject certificate of coverage received on May 5, 2010. This permit modification documents the change of ownership of the above reference facility. Please find enclosed the revised certificate of coverage. All other terms and conditions contained in the original certificate remain unchanged and in full effect. This modification 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 concerning this permit modification, please contact the Point Source Branch at (919) 807-6304. Sincerely, iColeen H. Sullins Vti cc: Central Files Wilmington Regional Office, Surface Water Protection NPDES Unit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natural!) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG500000 CERTIFICATE OF COVERAGE NCG500354 TO DISCHARGE NON -CONTACT. COOLING WATER, COOLING TOWER AND BOILER BLOWDOWN, CONDENSATE AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, Slurry Pavers, Inc. is hereby authorized to discharge BOILER BLOWDOWN AND NON -CONTACT COOLING WATER/CONDENSATE Water or similar wastewater from a facility located at Slurry Pavers, Inc. 107 Arendell Street Carteret County to receiving waters designated as Bogue Sound , a class SC water, in the White Oak River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of the General Permit No. NCG500000, as attached. This permit shall become effective May 12, 2010. This Certificate of Coverage shall expire at midnight on July 31, 2012. Signed this day May 12, 2010. r Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 14E1LUEKNIGHT May 3, 2010 via Federal Express North Carolina DENR Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, NC 27699-1617 12@CCIWRO MAY - 5 2010 DENR-WATER QUAL POINT SOURCE BRANCH Re: Ownership Change from BKEP Materials, LLC to Slurry Pavers, Inc. Morehead City Facility 107 Arendell Street Morehead City, NC 28557 Permit #NCG500354 Dear Sir/Madam: This letter is respectfully submitted concerning the change in ownership of the former BKEP Materials, LLC Morehead City, NC facility. Effective May 1, 2010, Slurry Pavers, Inc. assumed ownership of the Morehead City facility. Please revise your information to show Slurry Pavers, Inc. as the owner of record. Enclosed please find the Permit Name/Ownership Change Form indicating new ownership information for the permit referenced above. While ownership of the Facility has changed, this will not affect the facility's physical operations. If you have questions or require additional information regarding this submittal, please contact me at 918-704-3211, or you may contact Phil Tarsovich, President of Slurry Pavers, Inc., at 804-264-0707. Thank you for your assistance with this Change of Ownership process. Best Regards, Brent Hansen Environmental, Health & Safety Director BLUEKNIGHT ENERGY PARTNERS Enclosure cc: Mr. Phil Tarsovich Slurry Pavers, Inc. 6120 South Yale Avenue. Suite 500 • Tulsa, OK 74136 • Tel: 918-237-4000 • www.bkep_com Blueknight Energy Partners, L.P. I. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources AMEIOWN' Please enter the permit number for which the change is requested. NPDES Permit (or) G �J4 0 0 L1 0 0 II. Permit status prior to status change. a. Permit issued to (company name): b. Person legally responsible for permit: Coleen H. Sullins, Director Division of Water Quality Certificate of Coverage G 0 0 3 5 4 BKEP Materials, LLC Jerry Parsons First MI Last Executive Vice President - Asphalt Title 6120 South Yale Ave, Suite 500 Permit Holder Mailing Address Tulsa OK 74136 City State Zip (918) 237-4000 (918) 237-4001 Phone Fax c. Facility name (discharge): BKEP Materials, LLC d. Facility address: 107 Arendell St. Address Morehead City NC 28557 City e. Facility contact person: Bobby Boyd State Zip (252) 726-4171 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): Slurry Pavers, Inc. c. Person legally responsible for permit: Phillip P Tarsovich First MI Last President Title 1277 Mountain Road Permit Holder Mailing Address Glen Allen VA 23060 City State Zip (804) 264-0707 PhilTarsov@slurrypavers.com Phone E-mail Address d. Facility name (discharge): Slurry Pavers, Inc. e. Facility address: 107 Arendell St. f. Facility contact person: Address Morehead City NC 28557 City Bobby State Zip Boyd First MI Last (252) 726-4171 Revised 8/2008 Phone E-mail Address PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) V. VI. Permit contact: Phillip P. First MI President Tarsovich Last Title 1277 Mountain Road Glen Allen Mailing Address VA 23060 City State Zip (804) 264-0707 PhilTarsov@slurrypavers.com Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) 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, Jerry Parsons, 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 returned as incomplete. Signature APPLICANT CERTIFICATION Date 1, Phillip P. Tarsovich, 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 l-be retuned as inc e. 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 7/2008 EXHIBIT F GENERAL CONVEYANCE, BILL OF SALE, ASSIGNMENT AND ASSUMPTION BKEP Materials, L.L.C., a Texas limited liability company, and BKEP Asphalt, L.L.C,, a Texas limited liability company (collectively, "Sellers"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Sellers paid by Slurry Pavers, Inc., a Virginia Corporation ("Purchaser"), the receipt of which is hereby acknowledged, bargain, sell, transfer, convey and assign to Purchaser the following described property as of 11:59 p.m. on April 30, 2010 (the "Effective Time"): (a) Sellers' right, title and interest in and to all equipment, appliances, tools, supplies, machinery, furnishings and other tangible personal property attached to, appurtenant to, located in and used exclusively by Sellers in connection with the ownership or operation of the improvements (the "Improvements") located on the real property described on Exhibit A attached hereto and made a part hereof for all purposes (the "Real Property") and described on Exhibit B attached hereto (the "Personal Property"); (b) Any and all of Sellers' right, title and interest in and to the service agreements, maintenance contracts, equipment leasing agreements, warranties, guarantees, bonds and other contracts for the provision of labor, services, materials or supplies relating solely to the Real Property, the Improvements or the Personal Property and under which either Seller is currently paying for services rendered in connection therewith, as listed on Exhibit C attached hereto, in each instance to the extent assignable without the necessity of consent or assignable only with consent and such consent has been obtained ("Operating Contracts"); (c) Any and all of Sellers' right, title and interest in and to all licenses, permits, certificates of occupancy, approvals, dedications, subdivision maps and entitlements issued, approved or granted by governmental authorities prior to the date hereof in connection with the Real Property and the Improvements, together with all renewals and modifications thereof, in each instance to the extent assignable without the necessity of consent or assignable only with consent and such consent has been obtained (the "Licenses and Permits"); and The Personal Property, Operating Contracts and Licenses and Permits are hereinafter collectively referred to as the "Assigned Property." Sellers have executed this General Conveyance, Bill of Sale, Assignment and Assumption (this "General Conveyance") and BARGAINED, SOLD, TRANSFERRED, CONVEYED and ASSIGNED the Assigned Property and Purchaser will accept this General Conveyance as of the Effective Time and purchase the Assigned Property as of the Effective Time AS IS AND WHEREVER LOCATED, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT OF SALE AND PURCHASE BETWEEN SELLERS AND PURCHASER DATED AS OF THE DATE HEREOF, REGARDING THE PROPERTY (the "Purchase Agreement") AND THE WARRANTIES SET FORTH HEREIN, IT BEING THE INTENTION KolO3:124-38914 01303 1. 891$12j3$91.6 F-1 OF SELLERS AND PURCHASER TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, ANY RIGHTS OF PURCHASER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, ANY CLAIM BY PURCHASER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN WITH RESPECT TO THE ASSIGNED PROPERTY, WARRANTIES CREATED BY AFFIRMATION OF FACT OR PROMISE AND ANY OTHER WARRANTIES CONTAINED IN OR CREATED BY THE UNIFORM COMMERCIAL CODE AS NOW OR HEREAFTER IN EFFECT IN THE STATE IN WHICH THE REAL PROPERTY IS LOCATED, IOR CONTAINED IN OR CREATED BY ANY OTHER LAW. Purchaser accepts (as of the Effective Time) the foregoing bargain, sale, transfer, conveyance and assignment and assumes and agrees to be bound by and to perform, pay, discharge, observe and comply with, as applicable, all of the covenants, liabilities, duties, debts, obligations and responsibilities of Sellers pursuant to the Operating Contracts and the Licenses and Permits assigned to Purchaser (including those relating to the environmental and physical condition of the Property, except as expressly set forth in Section 3.2 of the Purchase Agreement) and which arise, accrue or are to be performed, paid, discharged, observed or complied with before or after the Effective Time. Purchaser hereby indemnifies, defends, and holds Sellers and their Affiliates harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) asserted against or incurred by Sellers or their Affiliates and arising out of the failure of Purchaser to perform, pay, discharge, observe or comply with the covenants, liabilities, duties, debts, obligations and responsibilities assumed by Purchaser hereunder. To facilitate execution of this General Conveyance, this General Conveyance may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this General Conveyance, will constitute a complete and fully executed original. All such fully executed original counterparts will collectively constitute a single agreement. [Signatures follow on next succeeding page.] HOUO3:1213891 Cun1107. 1213Ofl1 G1213K91.6 F-2 EXECUTED as of the 30th day of April, 2010. SELLERS: BKEP MATERIALS, L.L.C., a Texas limited liability company By: c,--164-2.- --Xetzo. y 7p i2scr�S. Title: G--v p • fb Rol CT BKEP ASPHALT, L.L.C., a Texas limited liability company By: Fame: 'eR.tt-y 1? r ckij Title: E4. (7,. 44444.. T PURCHASER: Slurry Pavers, Inc. Name: Phillip P. Tarsovic Title:President HOUO3:1213891.5140 03 213891.r12131191.6 F-3