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