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HomeMy WebLinkAboutNC0029980_Owner (Name Change)_20080710NPDES DOCUMENT SCANNING COVER SHEET NC0029980 Miller Coors plant WWTP NPDES Permit: Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: July 10, 2008 Thies document is printed on reuse paper - ignore any content on the re'zerme 'side Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 10, 2008 JAMES SMITH MILLERCOORS LLC 863 E MEADOW RD EDEN NC 27288 Subject: NPDES Permit Modification- Name/Ownership Change Permit# N00029980 MillerCoors LLC Formerly: Miller Breweries East, Inc. Rockingham County Dear Mr. Smith: Division personnel have reviewed and approved your request for name/ownership change of the subject certificate of coverage received on July 7, 2008. 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) 733-5083, extension 350. Sincerely, �stl% Coleen FL Sullins cc: Central Files Winston-Salem Regional Office, Surface Water Protection Fran McPherson, DWQ Budget (letter only) NPDES Unit File NC0029980 Noi thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Permit No. NC0029980 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, MillerCoors LLC is hereby authorized to discharge wastewater from a facility located at MillerCoors LLC 863 East Meadow Road Eden, North Carolina Rockingham County to receiving waters designated as the Dan River in the Roanoke River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective July 10, 2008 This permit and the authorization to discharge shall expire at midnight on April 30, 2012. Signed this day July 10, 2008 'Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0029980 SUPPLEMENT TO PERMIT COVER SHEET All prezious NPDES Permits issued to this faalit) vhether for operation or disthaygeaye hereby rezcked As cf this pemit issuance any preziously issued pan* letring this nun -her is no lamer eirtice 2 for4 the exdusize authority to gJerate and discharge from this facility arises w der the permit conditions, nrjuiremrts, terns, and prozisions induded herein MillerCoors LLC is hereby authorized to: 1. Continue to operate an existing 5.2 MGD industrial activated sludge wastewater treatment facility located at Miller Breweries East, Inc, 863 E. Meadow Dr., Eden, North Carolina, Rockingham County, and consisting of the following treatment components: • influent screw lift pumps ■ manual bar screen • grit chamber • neutralization • flow equalization • aeration basins ■ secondary clarifiers • nutrient addition • polishing lagoons • sludge management via aerobic digestion, dewatering, and land application of residuals 2. Continue to discharge treated process wastewater from Outfall 001 to the Dan River, classified as Class C waters, in the Roanoke River Basin and at the location specified on the attached map. MillerCoors LLC — NC0029980 State Grid/Ouad: B2ONW SEEDEN Latitude: 36° 29' 31" N Loneitude: 79° 42' 39" W Receiving Stream: Dan River Drainage Basin: Roanoke River Stream Class: C Sub -Basin: 03-02-03 North Outfall 001 NPDES Permit No. NC0029980 Rockingham County Permit No. NC0029980 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated process wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT 5. . 1' (d .i.; ,14 {,. •:, V �'r{ EFFLUENT LIMITATIONS f ` T• t _ A t". ..• Jl ;•1 i^ , -. �A 7. MONITORING REQUIREMENTS wr•` Monthly; x r Averag e u Weekly T .� e �v rage, ` . Daily . axim M um fi5 iiiitirement' _ . •�rRre envy qu . *` • Vt ;�kSarnple (4? TyQ a • ' , Sai�nplei Y . , Locatton t: CHARACTERISTICS :: Flow • 5.2 MGD Continuous Recording I or E BOD, 5-day, 20°C , 1648 lbs/d 3990 lbs/d Daily Composite E Total Suspended Solids 2429 lbs/d 5855 lbs/d Daily Composite E NH3 as N Weekly Composite E Dissolved Oxygen Daily Grab E Temperature Daily Grab E pH2 Daily Grab E Chronic Toxicity3 Quarterly Composite E Total Zinc Monthly Composite E Total Nitrogen (NO2+No3+TKN) Monthly Composite E Total Phosphorus i Monthly Composite E Temperature (°C)4 Weekly4 Grab U, D Dissolved oxygen Weekly4 Grab U, D Notes: 1. Sample locations: E- Effluent, I- Influent, U-Upstream at Highway 14 crossing, D-Downstream at Highway 700. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 2.1%; February, May, August, November; refer to Special Condition A. (2). 4. Instream monitoring shall be conducted weekly during the months June, July, August, and September. There shall be no discharge of floating solids or visible foam in other than trace amounts. Definitions: MGD- million gallons per day BOD- biochemical oxygen demand lbs/d- pounds per day Permit No. NC0029980 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (2) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.1%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Section North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit No. NC0029980 A. (3) VARIANCE FOR 24-HOUR STAFFING REQUIREMENT The permittee's request for continuation of the variance to Rule 15A NCAC 2H.0124(4), which requires 24-hour staffing at wastewater treatment plants (WWTP) by certified operators, has been reviewed and approved by the Division with the following conditions: 1. The WWTP shall be staffed 24 hours, 7 days per week whenever the WWTP is receiving flow for treatment and there must be at least one certified operator on each shift. On -site staffing by certified WWTP operators is not required during periods of complete influent flow diversion to the 3.2 MGD holding basin. 2. A certified WWTP operator shall be on call when the WWTP is not staffed. This operator shall report to the WWTP in the event the facility needs to receive flow, if an alarm condition exists, or if unusual conditions are observed at the facility during the periods of influent flow diversion. 3. When the WWTP is not staffed during periods of flow diversion, the WWTP shall be checked once every 8 hours by the plant security personnel, and documentation shall be made of each visit. 4. Maintain and operate the computer system that monitors the influent screw lift pump and the aeration basin blower. 5. This variance shall remain in effect until April 30, 2012. A request for renewal of this variance, if necessary, should be submitted with the permit renewal application. 6. This variance may be rescinded at the discretion of the Director. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C 0 0 2 9 9 8 0 C G IL Permit status prior to status change. a. Permit issued to (company name): Miller Breweries East, Inc. b. Person 1 re eforpertoir�--Mic$ael T. Jones iE First / MI / Last ty U t� Vi President and Secretary tin JUL - 7 2008 ' Title 3939 W. Highland Blvd. --� i Permit Holder Mailing Address Milaukee WI 53208 —'� City State Zip DENR - WATER QUQUALITY (414) 931-2000 ( ) POINT SOURCE i nr„iCN Fax Fax c. Facility name (discharge): — -- -_`Phone Miller Breweries Etst, d. Facility address: 863 East Meadow e. Facility contact person: Eden Address NC 27288 City State Zip .Tamer Sad i-h (336) 627-2204 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): c. Person legally responsible for permit: M llerCoors LLC ILaren A_ Riple" ''First / MI / Last Chief Legal Officer (effective upon closing) Title 863 E. Meadow Rd. Eden City Permit Holder Mailing Address NC State 27288 Zip Phone E-mail Address d. Facility name (discharge): MillerCoors LLC e. Facility address: 863 E. Meadow Rd. f. Facility contact person: Fr9en Address NC 27288 City James Smith State Zip First / MI / Last (336) 627-2204 smith. james.a Phone E-mail Address o.com Revised 7/2005 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: Kurt Cranson First / MI / Last Environmental Coordinator Title 863 E. Meadow Road Fden Mailing Address NC 27288 City State Zip (336) 627-2592 Cranson.kurtmbco.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? GI Yes 0 No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: a This completed application is required for both name change and/or ownership change requests. a 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, Michael T. Jones change has been review parts of this appl- application p , attest that this application for a name/ownership d is accurate and complete to the best of my knowledge. I understand that if all required not completed and that if all required supporting information is not included, this returned as ' ale e. Signature NT CERTIFICATION: JUL - 7 2008 Date I, ,. A. Rile „attest —that —this apt licaticn for a name/ownership change h. been reviewed and is accurate and complete to the bestof my knowledge [ 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. 6 -3o - ao o ,ff 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 7/2005 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: 01 O7., i q (p , pO Recording Time, Book and Page Tax Map No. Parcel Identifier No. Mail after recording to: Bernard J. Kearney III, Esq. Quarles & Brady LLP 411 East Wisconsin Avenue Milwaukee, WI 53202 This instrument was prepared by: Bernard J. Kearney III, Esq., Quarles & Brady LLP, 411 East Wisconsin Avenue, Milwaukee, WI 53202 (No Title Examination Performed) THIS DEED made this 1st day of July, 2008 by and between GRANTOR MILLER BREWING COMPANY, a Wisconsin Corporation GRANTEE MILLERCOORS LLC, a Delaware Limited Liability Company The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the QBACTIVE\61I0615.4 Grantee in fee simple, all that certain lot or parcel of land situated in the Leaksville Township, Rockingham County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page as Instrument No. A map showing the above described property is recorded in Plat Book , Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions set forth on Exhibit B attached hereto and incorporated by reference. Title to the property hereinabove described is hereby conveyed subject to all valid and subsisting restrictions, reservations, covenants, conditions, rights of ways and easements properly of record, if any and current year ad valorem taxes. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or, if corporate, has caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the day and year first above written. MILLER BREWING COMPAN Wisconsin Corp. • do i i By: Michael T. , Secretary (SEAL) STATE OF WISCONSIN — MILWAUKEE COUNT I, certify that Michael T. Jones personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity of Secretary of Miller Brewing Company, a Wisconsin Corporation, Grantor. Witness my hand and official stamp or seal, this the J.stgl� day of..lulq Sune. , 2008 . My Commission Expires: ,,,��‘\\r�ttE . i ,140N P 10/{ttt�r� . O /,./ 1 ,� s v is ,,,,. -i OF 05 --- Notary Public Print Notary Name: CYNTHIA VICK My commission expires 02/06/2011 QBACTIVE\6110615.4 2 EXHIBIT A Legal Description Real Property located in the Township of Leaksville, State of North Caroline, County of Rockingham described as follows: TRACT ONE: Being a tract of land 1357.79 acres, more or less, in Leaksville Township, Rockingham County, North Carolina, bounded by Meadow Road (NC State Road #770) and property owned by Spray Cotton Mills, Inc., on the South; Summit Road, property owned by Powell, Henry Raefield on the West; property owned by Herbert Hopper, Joe Scales, and the Virginia State line on the North; and, Main Street, property owned by Lawson, Lacy Hall, Herman Patterson, Slayton and Cedrick Willard on the East; and more specifically described as follows: Beginning at an iron stake in the North Margin of the right of way of Eastern Street (State Road # 1774) at the Southwest corner of property owned by W. Smart, said beginning point also being situate at the Easternmost corner of property conveyed to Spray Cotton Mills, Inc., in Deed Book 694, Page 902, Rockingham County Public Registry; running thence from said beginning point the following calls along the East line of the Spray Cotton Mills property: North 23°53' West 133.01 feet; North 37°21' West 159.23 feet; North 23°19' West 154.10 feet; and, North 9°52' \Vest 394.73 feet to a point situated at the Northeast corner of the Spray Cotton Mills, Inc. property; thence with the North line of the Spray Cotton Mills, Inc. property, South 78°53' West 792.12 feet and South 85°26' West 1,281.15 feet to the Northwest corner of the Spray Cotton Mills, Inc. property; thence continuing with the Spray Cotton Mills, Inc. West line, South 0°52' West 867.34 feet to a point; thence South 73° 15' West 415.79 feet to a point; thence South 16°45' East 1300 feet to a point in the northern margin of Meadow Road (N.C. State Road 770); thence with the Northern margin of Meadow Road the following courses and distances: South 73°14'40" West 2362.50 feet; South 74°26'l0" West 186.96 feet; South 80°5'20" West 210.67 feet; South 84°16'30" West 646.55 feet; and, South 83°53' West 336.01 feet to an iron in the North margin of the right of way of said Meadow Road; thence leaving North margin of the right of way of Meadow Road and turning in a Northern direction, North 3 3 7 20 West 605.50 feet to an iron stake in the East line of Jarrett; thence continuing with Jarrett's East line, North 4°38'50" East 470 feet to an iron; thence North 5°58'20" East 591 feet to an iron at the Northeast corner of property owned by Jarrett; thence with Jarrett's North line, North 89°22'50" West 974.50 feet to an iron in the East margin of the right of way of Summit Road, Jarrett's Northwest corner; thence with the East right of way line of Summit Road, North 10°1'20" West 239.45 feet and North 26°45'50" West 99.93 feet to a point in the East margin of the right of way of Summit Road at Pulliam's Southwest corner; thence with Pulliam's South line, North 63°13'10" East 300 feet to an iron stake at Pulliam's Southeast corner; thence with Pulliam's East line, North 26°46' West 129.71 feet to a point at the Southwest corner of property conveyed to Northwestern Engineering Corporation in Book 694, Page 772; thence with the South line of Northwestern Engineering Corporation, North 46° 15'51 " East 280 feet to a point; thence with Northwestern Engineering Corporation's East line, North 38°20' West 300 feet to a point in the South right of way of an unnamed street dedicated in Book 685, Page 840, Rockingham County Public Registry; thence with the South right of way line of said unnamed street and with the North line of Northwestern Engineering Corporation, South 47°6'34" West 280 feet QBACTIVE\ 6110615 . 4 Exhibit A — Page 1 to the Northwest corner of the Northwestern Engineering Corporation; thence along the western line of Northwestern Engineering Corporation; South 38°33' East 224.32 feet to a point, corner with Pulliam; thence with the line of Pulliam, South 51 °54' West 299.77 feet to a point in the Eastern margin of Summit Road; thence with the eastern margin of Summit Road, North 38°22' West 199.30 feet to a point in the southern margin of the unnamed street referred to above; thence continuing along the eastern margin of Summit Road across said unnamed street, North 44°10' West 60.01 feet to a point; thence still with the eastern margin of Summit Road, North 47°2' West 199.18 feet to a point, corner with Powell; thence with the line of Powell, North 44°38'50" East 293.38 feet to a point, the northwest corner of the property conveyed to Southeastern Warehousing Distribution Center by deed recorded in the Rockingham County Registry in Book 685, Page 841; thence with the line of Southeastern Warehousing Distribution Center, South 46°51' East 211.7 feet to a point in the northern margin of said unnamed street; thence with the northern margin of said unnamed street, North 47°6'34" East 637.67 feet to a point, the southeast corner of Southeastern Warehousing Distribution Center; thence North 43°53'26" West 397.68feet with the east line of the Southeastern Warehousing property to a point; thence North 88 23 10" West 442.49 feet with the North line of the Southeastern Warehousing property to a point in the East line of property owned by Powell; thence with Powell's East line, North 8°45' West 859.33 feet to an old set stone, corner with property formerly owned by W.B. Light; thence with Light's East line, North 16°30'10" West 1230.19 feet to an iron & monument; thence North 14°50'40" West 1082.81 feet to an iron & monument found, corner with Henry Raefield; thence with Raefield's East line, North 16°01'50" West 336.06 feet to an iron stake; thence turning in an easterly direction, North 80°33'30" East 317.69 feet to an iron stake; North 80°48'10" East 267.03 feet to an iron stake; South 87°59' East 265.93 feet to an iron; thence North 2° 1' East 581.28 feet to an iron within the right of way line of N.C. State Road #1715; thence a line within the right of way of N.C. State Road #1715, South 87°58' East 520.71 feet to a point and South 81°3' East 203.10 feet to an iron; thence North 81 °47' East 508.30 feet to an iron, corner with Herbert Hopper; thence with Hopper's South line, South 40°59' East 242.22 feet to an iron and North 77°26' East 669.10 feet to an iron; thence continuing with Hopper's South line, North 30° East 600.70 feet to an iron stake, Hopper's Southeast corner and Joe Scales' Southwest corner; thence with Scales' South line, North 80°28'10" East 657.76 feet to a post oak and North 73°36'40" East 1874.50 feet to an iron stake, corner with Joe Scales; thence with Scales' East line, North 4°58'20' East 589.17 feet to a white oak; thence North 64°0'40" East 544 feet to an iron stake; thence North 8°5'30" West 532 feet to an iron stake, corner with Joe Scales in the North Carolina -Virginia State Line; thence with the North Carolina -Virginia State Line, South 86°39'10" East 3654.49 feet to an iron stake in said State Line, corner with property owned by Cedrick and Maria P. Willard; thence with Willard's West line, South 4°27' East 1756.47 feet to an iron stake, Slayton's Northeast corner; thence with Slayton and Herman Patterson's North lines, South 85°33'20" West 497.30 feet to an iron stake; thence South 3°23'30" West with Herman Patterson's West line, 1313.85 feet to an iron stake; thence with Lacy Hall's West line, South 3°0'10" West 759.38 feet to an iron stake, Lacy Hall's Southwest corner and Lawson's Northwest corner; thence with Lawson's West line, South 0°25'20" West 1069.67 feet to an iron stake, Lawson's Southwest corner and Harris' Northwest corner; thence with Harris' West line, South 4°21'10" East 267 feet to an iron stake in the North right of way line of Findowrie Street; thence with the Northern terminus line of Main Street, South 85°38'50" West 63.16 feet to a point; thence continuing with the West right of way line of Main Street, South 4°21'l0" East 840.03 feet to an iron stake; thence leaving the West right of way line of Main Street, South 85°34'40" West 300 feet to an iron stake and South 4°25'20" East 150.23 feet to an iron stake; thence South 85°34'40" West 125 feet to a point and South 4°25'20" East 400 feet to an iron stake at W. Smart's Northeast corner; thence with Smart's North line, QBACTIVE\6110615 .4 Exhibit A - Page 2 South 85°34'10" West 821 feet to an iron stake at Smart's Northwest corner; thence with Smart's West line, South 4°25'20" East 350 feet to an iron stake in the North right of way line of Eastern Street at the easternmost corner of property conveyed to Spray Cotton Mills, Inc., in Book 694, Page 902, Rockingham County Public Registry, the point and place of beginning, containing 1357.79 acres, more or less, as shown on plat of survey by Shanks and Wilmarth, Engineers & Surveyors, dated December 2, 1975, File No. C- 1034, and revised on May 20, 1976, and being the same property shown on Map Book 13, Page 28, Rockingham County Public Registry. SAVE AND EXCEPT THEREFROM the 5.175 acre tract conveyed by Miller Brewing Company in Book 840, Page 2264. The above described property is subject to any portion of the above located within the right of way of streets and roads and within the right of way of Carolina Northwestern Railway. TRACT TWO: Commencing at an iron in the easterly margin of Summit Road, which iron is the Southwest corner of Powell and the Northwest Corner of Lot 1 as shown on map hereinafter referred to; thence with the said margin of Summit Road South 47°01'51" East 199.18 ft to an iron where said Summit Road is intersected by the northerly margin of a 60-ft.-wide unnamed street; thence with said margin of said unnamed street North 47°06'34" East 300 ft. to a point, the point of beginning; thence leaving the said unnamed street North 46°54'39" West 220.39 ff., more or less, to Powell's line; thence with Powell's line North 08°45' West 589.63 feet to an iron; thence leaving Powell South 88°23'10" East 442.49 fl. to an iron; thence South 42°53'26" East 397.68 ft. to an iron in the Northerly margin of the aforementioned unnamed street; thence with the said margin of the said unnamed street, South 47°06'34" West 631.05 ft., more or less to the point of beginning, containing 7.489 acres, more or less, and being a portion of Lot 2 as shown on Plat of Survey for Homer E. Wright, Jr., dated September 20, 1972, by E.L. Wilmarth, the said survey being recorded with a certain deed from W.P. Bickham, Trustee, et als. to Thomas S. Harrington, Trustee, dated February 6, 1973, which deed was recorded in the Office of the Register of Deeds for Rockingham County. Together with easements to Miller Brewing Company recorded in Book 706, Page 382; Book 706, Page 383; Book 706, Page 384; Book 706, page 385, rerecorded Book 713, page 430 and rerecorded Book 713, page 431; Book 706, Page 386; Book 709, Page 246, rerecorded Book 713, page 388; Book 709, Page 247, rerecorded Book 709, page 247; Book 709, Page 449, rerecorded Book 713, page 387; Book 709, Page 908, rerecorded Book 713, page 391; Book 709, Page 909, rerecorded Book 713, page 390; Book 713, Page 386; Book 716, Page 110; and license recorded in Book 709, Page 588, Rockingham County Registry. QBACTIVE\6110615.4 Exhibit A - Page 3 EXHIBIT B Permitted Liens (Eden) 1. All taxes for 2008 and subsequent years, which are liens not yet due and payable. 2. Special assessments and special taxes, if any, not yet due and payable. 3. Any law, ordinance, permit, or governmental regulation restricting, regulating, prohibiting, or relating to: (i) the occupancy, use, or enjoyment of the Property; (ii) the character, dimensions, or location of any improvement erected on the Property; or (iii) the subdivision of the Property. 4. Grantor hereby excepts from Grantor's obligation to warrant specially and forever defend any and all warranties, special warranties, or obligations to the right, title, ownership, encumbrance, and interest in or to (i) all minerals and mineral rights owned by Grantor which are within and appurtenant to the Property, (ii) such prescriptive rights as Grantor may have as the result of the placement of fences and improvements on or adjacent to the Property, and (iii) location of fences and utility service lines. 5. Rights of the public in any portions of the subject premises lying below the ordinary highwater mark of unnamed lakes, and rights of others to continued uninterrupted flow of streams leading to and from said lakes as disclosed by plat recorded in Plat Book 13, Page 28, Rockingham County, Registry. 6. Duke Power Electric Lines as disclosed by plat recorded in Plat Book 13, Page 28, Rockingham County Registry. 7. Rights of Duke Power Company as tenant, pursuant to a Lease recorded in Book 711, Page 463, Rockingham County Registry. 8. Easement in favor of N.C. Department of Transportation recorded in Book 718, page 960, Rockingham County Registry. 9. Easement/Right of Way in favor of N.C. Department of Transportation recorded in Book 718, Page 962; Book 723, Page 131, Rockingham County Registry. 10. Easement/Right of Way in favor of Duke Power Company recorded in Book 384, Page 423; Book 401, Page 131; Book 468, Page 121; Book 619, Page 68; Book 1062, Page 584, Rockingham County Registry. 11. Easement/Right of Way in favor of East Tennessee Natural Gas Co. recorded in Book 1139, Page 1253, Rockingham County Registry. 12. Easement/Right of Way in favor of State Highway Commission recorded in Book 647, Page 318, Rockingham County Registry. QBACTIVE\ 6110615.4 Exhibit B — Page 1 14. Easement/Right of Way in favor of Central Telephone Company recorded in Book 349, Page 116, Rockingham County Registry. 15. Public or private rights in such portion of the subject premises as may be presently used, laid out or dedicated in any manner whatsoever, for Roundhouse Road. QBACTIVE\6110615.4 Exhibit B — Page 2 QiuirkjBrndy LII' Via Certified Mail, Return Receipt Requested Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 411 East Wisconsin Avenue Milwaukee, Wisconsin 53202-4497 Tel 414.277.5000 Fax 414.271.3552 www.quarles.com E-Mail: lgrahova@quarlcs.com June 30, 2008 DENR - WATER Qt;ALI Y SNUPCF er_r • RE: Change in Ownership and Control of Miller Breweries East, Inc. 863 East Meadow Road, Eden, NC 27288, (NPDES Permit No. NC0029980) To Whom It May Concern: By this letter, Miller Breweries East, Inc. ("MBE") and MillerCoors LLC hereby notify the Surface Water Protection Section that ownership and control of the brewery referenced above will be transferred to MillerCoors LLC after close of business on June 30, 2008. Pursuant to this transfer, MBE and MillerCoors LLC request that MBE's NPDES Wastewater Discharge Permit No. NC0029980 be transferred to MillerCoors LLC. To that end, enclosed please find a completed Ownership Change Form and legal documentation of the transfer. Although ownership of the brewery will change, the operations and discharges will remain the same. The contact person responsible for environmental matters will be Kurt Cranson who can be reached at (336) 627-2592. If you have any questions, please do not hesitate to call me. Sincerely, Lauren R. rahovac Counsel for Miller Breweries East, Inc. Enclosure Attorneys at Law in: Phoenix and pion, Arizona Naples and Boca Raton, Florida Chicago, Illinois Milwaukee and Madison, Wisconsin U E . JUL - 7 2008 J I? QBACTIVE\61'41610.1