NC0005274_Permit Modification_20050101

NPDES DOCIMENT SCANNINO COVER SHEET
NPDES Permit:
NC0005274
Document Type:
Permit Issuance
Wasteload Allocation
Authorization
to Construct (AtC)
,n
Permit Modificatio
Speculative Limits
Report
Instream Assessment
(67B)
Environmental Assessment (EA)
Permit
History
Document Date:
January 13, 2005
Thies document its pririted on reuise paper - ignore arty
content oa the remrernse aide

An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
AVIk
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
January 13, 2005
Mr. William J. Shortreed
Advanced Resource Technologies, Inc.
42 Running Fox Road
Columbia, SC 29223
Subject: Yorkshire Americas, Inc.
NPDES Permit No. NC0005274
Gaston County, NC
Dear Mr. Shortreed:
Per your request, approval is hereby given for an emergency rerouting of the storm water
that would normally be routed to one of the subject facility's equalization basins. Insufficient
data exists for the approval to be considered permanent. It is requested that monitoring be
conducted during the expected storm event. Samples should be collected from the storm water
flow at a point where one would expect little likelihood of contamination (background) and from
the accumulated flow that would normally enter the egnali7ation basin. It is requested that both
the background and accumulated runoff samples be analyzed for Total Phenolics, Sulfates,
Chlorides, Conductivity, Total Chromium, Total Copper, Total Cyanide, Total Lead, Total
Nickel, Total Zinc, and those pollutants associated with an EPA Method 625 scan.
Should you have questions, please contact Richard Bridgeman or me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Cc: Dave Goodrich, DWQ
RMB
Mooresville Regional Office One
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NorthCarolina
Phone: [phone] / Fax: [phone] ( Internet: h2o.enr.state.nc.us Naturally

Yorkshire
Subject: Yorkshire
From: Susan Wilson <[e-mail]>
Date: Thu, 13 Jan 2005 09:18:24 -0500
To: Rex Gleason <[e-mail]>, Richard Bridgeman
<Richard. Bridg4man@ncmail. net>
CC: Dave Goodrich <[e-mail]>
Rex/Richard-
Got your message this morning re. Yorkshire and the diversion of the stormwater flows.
Thought I would send an e-mail so that you would have a written record. As long as MRO is
comfortable with the diversion of stormwater flow outside of the treatment plant and you guys
are assured th t there is no exposure of chemicals that may come in contact with the
stormwater flo - I have no problem with them diverting it until such time that we can send
them a formal 1 tter and/or modify their permit.
However, there s still an issue with the groundwater remediation and they are not "inactive",
so monitoring ill still have to be performed to comply with their current permit.
1 of 1
1/19/2005 10:02 AM

Yorkshire Americas
Subject: Yorks a Americas
From: Richard ridgeman <[e-mail]>
Date: Mon, 10 Jan 2005 16:21:32 -0500
To: Susan A Wilson <susan.a.wilson©ncmail.net>, Tom Belnick <[e-mail]>
As I suggested, Bill Shortreed contacted MRO's Aquifer Protection Section re the "recovery
well from the old lagoon". Apparently, there are several monitoring wells associated with this
system. The Arr Section is not happy about the GWR system being shut down in 9 / 04. Since
the contaminants are VOAs, there are still probably options other than operating the existing
WWTP, such as air sparging or installing air stripping units and possibly carbon units. SWP
and AP will have a meeting with Bill Shortreed ASAP. More to follow.
1 of 1 1 / 19/2005 10:03 AM

Yorkshire
Subject: Yorkshire
From: SusanWilson <[e-mail]>
Date: Fri, 07 J 2005 10:41:30 -0500
To: Richard Bri geman <[e-mail]>, Rex Gleason
<Rex. Gleason@ncmail. nefi>
Rex/Richard:
Just got your memo with the attached letter from Mr. Shortreed. I looked at that as well as
the permit file. We have no problem with the re-routing of the storm water to get it out of the
treatment plant (as long as there is no exposure to chemicals, etc. from the plant). I also
spoke with Aisha Lau in SW and she confirmed there should be no issue from SW permitting
as long as there is no exposure and the site is cleaned -up (which is what Mr. Shortreed
indicated). If Mr. Shortreed can assure no discharge from the plant once the SW is taken out
of the WWTP - v re can likely put the plant on "inactive". (And it sounds like he has assured
you guys that they have a plan in place to continue to monitor the plant and ensure there is
no discharge) .
The only issue I have (after having looked at the permit file) is with regard to a "recovery well
from old lagoon'f . I have no idea if this is still active, if it can be shut down, what exactly it is
in regard to, etc. Could you get something from Mr. Shortreed about this? In the fact sheet
to the previous permit (hopefully you've got it in your files) there is a line item for this which
is accounted for in the potential flow to the treatment plant. The flow is very small (8000
gpd), but if it be a continual discharge to the plant, this may be an issue.
Call me if you n - ed to. Thanks.
1 of 1
1 / 19/2005 10:03 AM

Re: Yorkshire
Subject: Re: Yorkshire
From: Richard Bridgeman <[e-mail]>
Date: Thu, 06 Jan 2005 16:01:20 -0500
To: Susan Wilson <[e-mail]>
CC: Wes Bell <[e-mail]>, Tom Belnick <[e-mail]>, Rex Gleason
<Rex. Gleason@ncmail. net>
I appreciate your reply, Susan. You will eventually find that my memo has nothing
whatsoever to do with Gibby's inquiry. I recommend that you do not precipitately move
toward permit modification, just to accommodate Gibby's operator certification grade. My
memo deals with approval of a plan which should theoretically preclude discharges from the
WWTP. The site coordinator for the bankruptcy, Bill Shortreed, may not understand what
DWQ requires. I have met with him, but I did not try to dissuade him from restarting the
WWTP. He advised that Gibby had already been retained as ORC. Shortreed wants to keep
the NPDES pe t for any new site owner and he wants to keep the WWTP in operational
condition. If no ow is routed to the WWTP, there should not necessarily be any discharges.
Keeping the pl in operational condition is laudable; actually reseeding the plant and
"operating" it ma be a needless expense. The plant could be kept in operational condition
even if DWQ wer to approve an "inactive" status. That status would preclude the need worry
about monitorin and submittal of DMR's. Gibby's on -site role could be to insure that no
discharges occ and to maintain the plant, rather than operate it. It is their decision as to
whether to seed, feed, operate, and maintain the plant; but given a prediction of no
discharges, I wo d not recommend it. Even if, due to sustained heavy rains, there were to be
a potential for di charges, could this not be better addressed by a pump and haul method?
The Fact Sheet f r the facility indicates that all domestic WW is treated by an on -site septic
system, so even there is minimal staffing (security and maintenance) at the site, none of
that flow would nter the WWTP. Susan, Bill Shortreed has just told me in a telephone
conversation tha a 1 inch rainfall event will most definitely result in a discharge from the
WWTP, solely be ause of the storm water runoff into the EQ basin. Concerning Rex's memo,
Shortreed needs an approval or denial letter ASAP. If his request is denied, I hope an
alternative to th dilemma can be given.
Susan Wilson wrote:
Richard -
Got your phone message right after I spoke with William Gibby at Yorkshire (who I think
had spoken wihh Wes). Much going on there. Yes - I think we can work with them on those
issues - we just need to know what's going on. Tom B. worked on this one last so I'm not as
familiar with itl - but I gather that the flow has been so reduced with the shut down that the
classification o the facility can be changed (and William was concerned because he is a
Grade II and not a Grade III operator). I haven't received your memo yet - but I'll likely get
someone to look at it more closely (likely won't be me). Looks like we have not heard
anything from them since the permit issuance (after the settlement) this summer. I told
William that we need to get something from them in writing explaining exactly what's going
on and what they're requesting (and what the future may hold for them). I'm sure your
memo will help with that as well and we'll proceed once we get it (I haven't seen it yet) .
I told William t
we can get it rE
base with you
classification c
hear someone
mess!).
zat we would work with them re. the classification of the facility (and likely
duced to Class II) - but that I didn't control TACU and he needed to touch
uys again and TACU re. him operating that plant until we can get the
zanged. I certainly have no problem with him operating it (I'm darn glad to
s operating it - based on what he was telling me - sounds like a muckity
1 of 2
1/7/2005 9:33 AM

Re: Yorkshire
•
Anyway - whomever gets it will be talking to you so we can modify the permit (sounds like
what we'll need to do). These situations with shut -downs have happened quite frequently
in the past couple of years and they are always difficult to deal with.
2 of 2 1/7/2005 9:33 AM

January 3, 2005
MEMORANDUM
TO: Susan Wilson
Western NPDES Program
FROM: Rex Gleason 1
PREPARED BY: Richard Bridgemann
SUBJECT: Yorkshire Americas, Inc.
NPDES Permit No. NC0005274
Gaston County
On November 5, 2004, the subject permittee filed for Chapter 7 bankruptcy. By
September 28, 2004, manufacturing operations at the facility had ceased. Yorkshire
Americas, Inc. no longer exists. The Site Coordinator,William Shortreed, who is
employed by Advanced Resource Technologies, Inc., which was retained by the court -
appointed bankruptcy Trustee, would like to maintain the NPDES Permit and treatment
plant for any future owners of the property and manufacturing facility.
Although the treatment plant will be operated and maintained by a certified
operator, Mr. Shortreed would like to preclude discharges from the facility. As designed,
presently storm water runoff, from the parts of the site subject to past chemical
contamination from the manufacturing operations, is routed to one of the treatment
plant's equalization basins. Since that source of chemical contamination no longer exists,
Mr. Shortreed would like to have the Division's approval to reroute the storm water
runoff to prevent its entry into the treatment plant.
Enclosed for your action is Mr. Shortreed's request letter, along with several other
documents related to the bankruptcy. This office has no objections to the request, but
believes that the Raleigh office should make the final decision.
Contact Richard or me should you have questions. r A
•
Attachments
RMB
EN.11JWN
7 2005
JAN7 �nn5
DENR - WATER QUALITY
POINT SOURCE BRANCH

Yorkshire Americas. Inc
1602 North Main St.
Lowell, NC 28098
Decemb r 16, 2004
d Mr. Ric Bridgeman
N.C. DE
Division of Water Quality
610 East Center Avenue
Suite 30
Mooresv1le, NC 28115
Re: Yorkshire Americas need for permit relief.
Dear Mr.
Bridgeman:
t;► UEPT. C -. .
AND
MO0RE
WATETr
DEC 2 0 200E
Confirming our discussion yesterday, Yorkshire Americas sought and received
protection under Chapter 7 bankruptcy on November 5, 2004. In fact, the facility
ceased operations on September 28, 2004. After that date no operations, including the
operation of the Waste Water Treatment Plant (WWT), were conducted.
Under it normal operation, Yorkshire had, appropriately, a requirement to drain all of
its conta t plant water and avenue runoff to the WWT. However, since its shutdown,
there has been approximately 3 %2 inches of precipitation at the site, which has
effective y flushed the outside areas. A close inspection of all of the avenues indicates
that there is no residual chemical presence on the plant roadways.
Therefor
building:
to discha
have cea
for chem
, we request approval to block off those drainage manways that are outside the
from discharging to the WWT. All drains in the operating areas will continue
ge to waste water treatment. Further, since all operations, except the WWT.
ed and all operating areas have gravity drains to the WWT, there is no chance
cal contamination to migrate from the buildings to the avenues.
C.IFFICE

We further request expedited review of this request, since the massive volume of
precipitation water collected from the roadways will represent a serious hardship on the
WWT plint operation.
illiam . Shortreed
Site Coo dinator
Columbia' Office:
42 Runniin g Fox Road
Columbi ., SC 29223
Phone: [phone]
Cell: 8b3-518-7344
Email: [e-mail]

FILED & JUDGMENT ENTERED
David E. Weich
Dec 17 2004
Clerl�, U.S. Bankruptcy Court
Western District of North Carolina
•
••. •
dam«�`�••
Crai itley
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
AMERICAS INC. CASE NO. 04-33993
(Chapter 7)
Debtor.
ORDER UTHORIZING TRUSTEE TO INCUR UNSECURED CREDIT AS LIMITED
AD STRATIVE EXPENSE UPON SHORTENED AND LIMITED NOTICE
CAUSE coming on to be heard and being heard before the undersigned Judge of the
United Stat Bankruptcy Court for the Western District of North Carolina, Charlotte Division, in open
court on December 17, 2004•upon the Motion to Incur Unsecured Credit As Limited Administrate
Expense Upon Shortened and Limited Notice and it appearing to the Court that there has been
adequate N lice and a Hearing of this matter as that term is defined in the Bankruptcy Code and the
Rules of Bankruptcy Procedure. Present at the hearing held hereon were Wayne Sigmon, Trustee and
attorney for I e Trustee. From statements of the Trustee, testimony of witnesses, and the entire record,
the Court es the following:
FINDINGS OF FACT
1. The debtor filed a petition under Chapter 7 of the Bankruptcy Code in this Court on
November 5, 2004.
2.
3.
Wayne Sigmon is the duly appointed, qualified, and acting Trustee of the Chapter 7
case of the debtor.
The debtor is the owner of a 35 acre manufacturing site at 1602 North Main Street,
Lowell, North Carolina (the "Lowell Site").
_

4.
5.
6.
7.
The
HSBC claims a first lien security interest upon the Lowell Site.
The Lowell Site is subject to potential environmental problems which must be stabilized
and contained immediately. Otherwise, the problems could potentially spread to the
drinking water sources of various cities and counties in this area. The Lowell Site is
adjacent to the South Fork River in Lowell, North Carolina and is upriver from the
water source points for the drinking water for numerous area municipalities.
HSBC has offered to loan to the estate the sum of $50,000.00 to use for containment
and stabilization of the environmental situation existing at the Lowell Site. HSBC has
agreed to loan the said $50,000.00 to the estate in return for an administrative expense
allowable under §503(b)(1) which administrative expense shall be subordinate to
professional fees including attorneys fees and costs, accountants fees and costs, and
engineers fees and expenses as well as Chapter 7 Trustee commissions.
With any additional rainfall, the environmental situation at the Lowell Site could quickly
worsen. Therefore, this matter needs to be addressed immediately and should be heard
upon shortened notice to the 20 largest unsecured creditors.
CONCLUSIONS OF LAW
Trustee should be authorized to incur the credit as requested.
IT IS THEREFORE ORDERED that the Trustee be, and he hereby is, authorized to incur
credit from SBC as an administrative expense pursuant to 11 U.S.C. §503(b)(1) which administrative
expense shi l be subordinate to professional fees including attorneys fees and costs, Trustees
commissions and costs, accountants fees and costs, and engineers fees and expenses; AND IT IS
FURTHER ORDERED that the shortened notice and limited notice to the 20 largest unsecured
creditors is appropriate under the circumstances and is adequate Notice and a Hearing as that term is
defined in the Bankruptcy Code and the Rules of Banlaruptcy Procedure.
This Order has been signed
electronically. The judge's
signature ani court's seal
appear at the top of the Order.
United States Bankruptcy Court

IN RE:
YORKSHI
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
AMERICAS INC.
Debtor.
CASE Nb: 04-33993 •
(Chapter 7)
PLICATION TO EMPLOY PROFESSION ENGINEERS FOR
ONMENTAL MATTERS NUNC PRO TUNC TO NOVEMBER 22, 2004
Wayne Sigmon, Trustee, by and through the undersigned counsel, respectfully represents:
1. The debtor filed a voluntary Chapter 7 case in this Court on November 5, 2004.
3.
4.
5.
6.
7.
8.
Wayne Sigmon is the duly appointed, qualified, and acting Trustee of the Chapter
7 case of the debtor.
Assets of the debtor include parcels of real property and manufacturing sites for
which there are existing and continuing environmental problems. In order to
properly address these problems, it is necessary for the Trustee to employ
professional engineers.
Advanced Resource Technologies, Inc. has agreed to perform the engineering
services required by the estate nuns pro tunc to November 22, 2004 which was the
date that the Trustee contacted Advanced Resource Technologies, Inc. and
obtained their assistance in handling the environmental problems existing at the
Lowell, North Carolina site.
Advanced Resource Technologies, Inc. charges $500.00 per hour plus out of
pocket expenses for emergency services work. The ongoing hourly rate thereafter
is $275.00 per hour plus out of pocket expenses.
Advanced Resource Technologies, Inc. will assist the Trustee as site coordinators
to oversee the environmental issues, sale of inventory, equipment and plant along
with consulting with the Trustee on all environmental matters.
The Trustee firmly believes that it is in the best interest of the estate to employ
Advanced Resource Technologies, Inc. and to have one party coordinating and
managing all activities related to the stabilization, remediation, and sale of assets
of this debtor.
Advanced Resource Technologies, Inc. has no interest adverse to the bankruptcy

estate. Therefore, it is a disinterested person within the meaning of 11 U.S.C.
§101(13).
WHEREFORE, Wayne Sigmon Trustee respectfully prays that he be authorized to
employ Advanced Resource Technologies, Inc., professional engineers as his engineering firm to
render services as described above with compensation to be paid as an administrative expense in
such amount as the Court may hereinafter determine and allow nunc fro tuns to November 22,
2004.
Dated: fob- - t O'
1
Wayne r on, omey for Trustee
State
GRA '`s AYT I N, KERSH, SOLOMON,
SIGMON, FURR & SMITH P.A.
Post Office Box 2636
Gastonia, North Carolina 28053-2636
[phone]
CERTIFICATE OF SERVICE
The undersigned certifies that the pleading or paper to which this Certificate is affixed
was served upon the other party(s) to this action by hand delivery or by depositing a copy of
same, enclos d in a first-class postpaid wrapper properly addressed to the attorneys) of record
for such otheparty(s), in a post office or official depository under the exclusive care and custody
�
of the United States Postal Service this the 6 day of .e` 20 0 .
Wayne . ;a on, •rney for the Trustee
VIA ELECTRONIC NOTIFICATION FROM T I' ' ' PTCY COURT:
John Bramlett
Bankruptcy Administrator
Tom Moon
Attorney for the Debtor