HomeMy WebLinkAboutNCG500645_Owner (Name Change)_20150120461M
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Richard Brehm
Tyton NC Biofuels, LLC
800 Pate Rd
Raeford, NC 28376
Dear Permittee:
Donald R. van der Vaart
Secretary
January 20, 2015
Subject: Transfer of coverage / General Permit NCG500000
Hoke County Plant
Certificate of Coverage NCG500645
Hoke County
The Division received your request to change ownership of the subject facility on January 12, 2015.
We are hereby transferring Certificate of Coverage (CoC) NCG500645 to discharge under NPDES General
Permit NCG500000. This CoC is issued pursuant to the requirements of North Carolina General Statue
143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection agency dated October 15, 2007 [or as subsequently amended].
If any parts, measurement frequencies or sampling requirements contained in this General 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, the 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. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Fayetteville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain any other Federal, State, or Local
governmental permit that may be required.
If you have any questions concerning the requirements of the General Permit, please contact John
Hennessy [919 807-6377 or john.hennessy@ncdenr.gov].
rely,
29.2�--`u
or Jay Zimmerman, Actin Director
Division of Water Resources
cc: Fayetteville Regional Office
NPDES file
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: 919 807-630D / FAX 919 807-6489 / Internet: www,ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG500000
CERTIFICATE OF COVERAGE NCG500645
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 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,
Tyton NC Biofuels, LLC
is hereby authorized to discharge Boiler Blowdown from a facility located at the
Hoke County Plant
800 Pate Rd
Raeford
Hoke County
to receiving waters designated as Little Marsh Swamp in subbasin 03-07-53 of the
Lumber River Basin in accordance with the effluent limitations, monitoring requirements,
and other conditions set forth in Parts I, II, III and IV hereof.
This Certificate of Coverage shall become effective January 20, 2015.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day January 20, 2015
forte omas A. Reeder, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Weaver, Charles
From: Thedford, Wren
Sent: Tuesday, January 20, 2015 8:12 AM
To: Weaver, Charles
Subject: RE: Status of the Change in Ownership for COC 500645--Clean Burn Fuels,LLC to
Tyton NC Biofuels, LLC
It was last updated in BIMS by Laura Alexander (Stomewater Temp) on 12/18/2014. I'm guessing it went over there and
a copy was never given to up. B
From: Weaver, Charles
Sent: Tuesday, January 20, 2015 6:48 AM
To: Thedford, Wren
Subject: FW: Status of the Change in Ownership for COC 500645--Clean Burn Fuels,LLC to Tyton NC Biofuels, LLC
Has THIS one come in yet? I have the file if you need it.
From: Stan Taylor [mailto:staylor9@ nc.rr.com]
Sent: Friday, January 16, 2015 2:19 PM
To: Weaver, Charles; Lawyer, Mike
Subject: Status of the Change in Ownership for COC 500645--Clean Burn Fuels,LLC to Tyton NC Biofuels, LLC
Gentlemen,
I am checking on the status of the request for a change in ownership from Clean Burn Fuels to Tyton NC
Biofuels that was submitted back in November. The folks at Tyton advised me this week that they have not
received the COC and wondered if there was a problem. This is the Certificate of Coverage under the general
permit for boiler and cooling tower blowdown. Is there any problem that has come up or anything else that
needs to be done on this end? If so please let me know so that it can be addressed.
Thanks,
Stan
Ray S. (Stan) Taylor, PE
RST Engineering, PLLC
5416 Orchard Oriole Trail
Wake Forest, NC 27587
919-554-0805
919-271-4465 cell
S Tayl or9(c� n c. rr. com
1
Pat McCrory
Governor
ACM
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Resources
WATER QUALITY PERMITTING SECTION
John E. Skvarla. III
Secretary
PERMIT NAME/OWNERSHIP CHANGE REQUEST
This form is for oss nership changes or name changes of NPDES wastewater permits.
• " Pemhittce" references the existing permit holder
• "Applicant" references the entity applying for the ownership/name change.
1. NPDES Permit No. (/or which the change is requested):
or
Certificate of Coverage #:
11. Existing Permittee Information:
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name:
d. Farilily's physical' address:
e. Facility contact person:
Ill. Applicant Information:
a. Request for change is a result of:
If other please explain::
h. Permit issued to (company name):
c. Person legally responsible for permit:
NCO()
NCG500645
Clean Burn Fuels, LLC
Joel Britt
First MI Last
General Manager, CBF Holdings, LLC
Title
333 East Russell Street
Permit )'older Mailing Address
Fayetteville NC 28302-
City
(800)368=5819
Phone
State
Zip
( )
Clean Burn Fuels
Fax
269 Pate Road
Raeford
Adtlress
NC
28376-
City
State
Zip
(
First / MI / Last Phone
® Change in ownership of the facility
❑ Name change of the Iaeilil} or owner
Tyton NC Biofuels, LLC
Richard Brehm
First MI Last
General Manager
Title
800 Pate Road
Raeford
Permit Holder Mailing Address
NC 28376-
City
(910) 878-7820
Phone
State Zip
rbrehm@tytonbiofuels.com
E-mail Address
Page I of 2 Rccised 7/0!/20/4
d. Facility name: Tyton NC Biofuels
c. Facility's physical address: 800 Pate Road
f. Facility contact person:
Raeford
Address
NC
28376-
City
Richard
State
Zip
Brehm
First
MI Last
General Manager
Title
(910) 878-7820 rbrehm@tytonbiofuels.com
Phone E-mail Address
1V. Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to
this ownership or name change?
® Yes
❑ No (please explain)
If applicable. the applicant shall submit a major permit modification request to I)WR. A major modification shall he
defined as one that increases the volume. increases the pollutant load. results in a significant relocation of the
discharge point. or results in a change in the characteristics of the waste generated.
V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
I. 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 hill of sale) is
reuuired for an ownership change request. Articles of incorporation are not sufficient for an ownership change.
Applicable regulations: 40 CFR 122.41. 40 CFR 122.61 and I5A NCAC 02H .0114
The certifications below must he completed and signed by both the permit holder prior to the change (Permittee ). 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):
1. oel Britt. attest that this application for a name/ownership change has been reviewed and is accurate and complete to the
hest 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 he returned as incomplete.
11/12/2014
Signature 1 Date
APPLICANT CERTIFICATION
I. Richard Brehm. attest that this application for a name/ownership change has been reviewed and is accurate and complete
to the h ' of my knowledge. I understand that if all required parts of this application are not completed and that if all
requir�supportg i 'rrmaljpn is not included. this application package will be returned as incomplete.
11/12/2014
Signature Date
**************************
PLEASE SENT) THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
NPDES PERMIT NANIE•/OWNERSHIP CHANGE REQUEST
Cage 2 of 2 WOW!! 7/01/201
RECEIVED/DENR/DWR
NOV 1'T 2014
Water Quality
Permitting Section
BK 01 079 PG 0606
FILED
HOKE COUNTY NC
CAMILLE HURST
RFGISTFR OF DFFDS
FILED May 27 2014
TIME 10 31 37 am
BOOK 01079
START PAGE 0606
END PAGE 0610
INSTRUMENT # 02906
RECORDING $26 00
EXCISE TAX - pS25,636 00
\c)irru c .11(01.1\. W .kitit1N r1
'Ta %-. S S t ') - --
Parcel Identifier No, `/(0- i
1.3\:
i 1' L \ ei'Itlel: h\ otlllt\ oil the
Mail Box to: Cyrantcc -. rn
This instrument was prepared bv: M. Jav De\'ant:\ r \\itliout title examination.)
Brief description for the Index: Clean Burn Fuels I.LC PC3 S 3-72. N16
[HIS DEED made this .411,4dad of
GRANTOR
CBI IIoli1ings. LLC
PO Box 2405
Faette\ illy. NC 2$302
.1014. h\ and ben\cen
GRANTEE
I \ ton NC Biotuels. LLC
I'O I3ox 4913
Staleline. NV 89449
linter in appropriate block titr each Grantor and Grantee: name. alai ing address. and. if appropriate. character of entit\. e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties. their heirs. successors. and assigns. and shall include
'insular, plural. masculine. feminine or neuter as required h\ context.
\1'1TNESSFT1 I. that the Grantor. for aluabie consideration paid by the Grantee. the receipt of which is hereb\ ackri 'edged, has and
h_s these Present, ,foes grant. bargain. sell and coneunto the Grantee in fee simple. all that certain lot or parcel of land situated in the
C it\ of Stonc\\all To\%nship. Hoke County. North Carolina and more particularly described as follo\\s:
See attached Exhibit :\ incorporated herein.
The property hereinabo>.e described \,1, acquired h\ Grantor by instrument recorded in Book 966 page 133.
All or a portion of the proper) herein con\ e\ed includes or t] does not include the primary residence of a Grantor.
A map slum in the aho\e described propertm is recorded in Plat Book _ -_ pace
TO ! IAV E AND TO HOLD the aturesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
lee Niinple.
`a 13:11 A>xKlatton 1 rnu ''.o n 1 I 2.01,
Milted h% :\krcemenr Nosh the Nl. [Lit ,\...+.t.un n
I'i \ I I •' 17-I-1s l
BK 01079 PG 0607
And the Grantor covenants with the Grantee. that Grantor has done nothing to impair such title as Grantor received. and Grantor's ill
warrant and defend the title against the lawful claims of all persons claiming by. under or through Grantor, other than the following
:xccptions:
Easements, restrictions and rights of way of record, go\ ernmental regulations. and ad valorem taxes for the current > ear.
I\ 11 I f\I-SS 1VH1-RI t )I-, the Grantor has duly executed the foregoing as of the day and year first above written.
CBE Holdings.l_L.0
Bv:
Name/Tit'
State of North Carolina - County of «G .e-- �r
I. the undersigned Notary Public of the County. of L.<<r,. l')ei and State aforesaid, certify that Ju. 1
l'->r , �} personally came before me this day and acknowledged that _he is the
CtrutPA-a.cu � of CBE Holdings. LI_C. a North Carolina limited liability company. and that by authority dull
given and as the act-kihsuch entity. _he sued the foregoing instrument in its name on its behalf as its act and deed. Witness my
hand and Notarial stamp or seal. this 23 - day of May, 2014.
My Commission Expires: ,\`�i�ttt,,,,,,'
(Affix Seal) j'RI C.',/
'•• ••
•u
V.0��, )• "_
ir"-',.�•
7— c
pr.i-rS d -. Notary Public
Notary's Printed or Typed Name
NC liar :\soctatton Form Nob I. t:20IU
('noted b!. Agreement oath the NC' Lim :\ssoctauom
N1'611.1 94744i 1
BK 01079 PG 0608
l'.' IIIM I \
1l_cpl U���rilniun)
Lying and being in Stonewall Township, Hoke C'ouoty, North Carolina and bring all of
that 500.00 acre tract of Land as shown on that plat entitled "Survey for Clean Born Fuels,
1..L.P", dated February 5, 2008 by GS3 Geog a hie Solutions and Surveying Services and
recorded in Plat Cabinet a , Slide 3 _ I Z., Map 6 of the Hoke County Public
Registry containing 500.00 acres more or less (except for the area shown as an apparent
overlap of property lines consisting of .24± acres) and having a metes and bounds description as
follows and as shown on said map:
Beginning at North Carolina Geodetic Survey Marker "Dund 1949", said marker having NC Grid
coordinates of N=427,627.809 feet and E-1,95.4,777.367 feet; Running thence from NC Geodetic Survey
Mlarl:er `Dnnd 1949" North 33 degrees 54 minutes 30 seconds West - 5,561.10 feet to a railroad spike In
the intersection of the centerline of NCSR 1431 (Pate Road) and the easternmost edge of the right of way
of the Aberdeen & Rockfish Railroad, said railroad spike being the True Point of Beginning;
Running thence along the centerline of NCSR 1431 (Pate Road) from the True Point of Beginning so
located, the following courses and distances:
1) North 40 degrees 31 minutes 58 seconds East - 1,421.87 feet;
2) Thence along a curve to the right, an arc distance of 538.87 feet, said curve having a radius of
821.67 feet, a delta angk of 37 degrees 34 minutes 00 seconds, a tangent of 27952 feet, a chord
bearing and distance of North 53 degrees 43 minutes 28 seconds East 529.27 feet to a point;
3) Thence North 66 degrees 54 minutes 59 seconds East - 683.64 feet;
4) Thence along a curse to the left, an arc distance of 574.33 feet, said curve having a radius of
1,345.26 feet, a delta angle of 24 degrees 27 minutes 41 seconds, a tangent of 291.61 feet, a chord
bearing and distance of North 57 degrees 56 minutes 59 seconds East - 569.98 feet;
5) Thence North 48 degrees 58 minutes 59 seconds but - 72316 feet;
6) Thence along a curve to the left, an arc distance of 497.88 feet, said curse having a radius of
606.97 feet, a delta angle of 46 degrees 59 minutes 54 seconds, a tangent of 263.91 feet, a chord
bearing and distance of North 25 degrees 29 minutes 01 seconds East -484.04 feet;
7) Thence North 01 degree 59 minutes 04 seconds East - 2,119.63 feet;
8) Thence along a curve to the left, an arc distance of 302.14 feet, said curse having a radius of
124235 feet; a delta angle of 13 degrees 56 minutes 04 seconds, a tangent of 151.82 feet; a
chord bearing and distance of North 04 degrees 58 minutes 59 seconds West - 301.40 feet;
9) Thence North 11 degrees 56 minutes 08 seconds West 378.43 feet to a railroad spike in the
centerline of NCSR 1431 (Pate Road);
10) Thence kasing saki road and running with the Sarah Leach line, South 88 degrees 04 minutes
16 seconds East - 2,503.25 feet to a concrete monument;
11) Thence South 06 degrees 09 minutes 02 seconds East - 226.11 feet along the Croom line to a
concrete monument;
12) Thence South 05 degree' 53 minutes 02 seconds East - 498.68 feet along the Croom line to an
existing iron stake;
13) Thence South 06 degrees 05 minutes 02 seconds East - 232.46 feet along the Butler tine to an
existing Iron stake;
14) Thence South 76 degrees 58 minutes 48 seconds East - 23.07 feet to an existing iron stake;
\l liar .-1:akrmnn form No 6 11,2010
Pruned 1, .. :nt nil the NC Bar Ass, ..u: u
BK: 01079 PG 0609
15) Thence with the new derision tine, South 00 degrees 10 minutes 49 seconds East -1,948.24 feet
to a new iron stake;
16) Thence along a non -tangent curve to the right, in arc distance of 1,03936 feet, said curve basing
a radius of 598.69 feet, a delta angle of 99 degrees 28 minutes 09 seconds, a tangent of 706.81
feet, a ebord bearing and distance of South 07 degrees 22 minutes 01 seconds East - 913.67 feet
to a new iron stake to a ditch;
17) Thence with said ditch and the new divbion tine, South 47 degrees 51 minutes 24 seconds East -
1766.95 felt to a new iron stake in the intersertioa of the ditch and the northernmost right of
way line of the Aberdeen and Rockfish Railroad;
18) Thence with the northernmost right of way tine of said railroad, South 39 degrees 09 minutes 12
seconds West - 2,250.72 feet to an Iron stake;
19) Thence leaving said railroad right of way and running with the ilowell line, North 21 degrees 34
minutes 57 seconds West - 430.83 feet to a concrete monument;
20) Thence continuing with the Howell line, South 79 degrees 49 winutes 20 seconds West - 275.14
feet to a concrete monument;
21) Thence with the Wade Hendrix line, North 24 degrees 17 minutes 35 seconds West - 320.10 feet
to an 1roa stake;
22) Thencc continuing with the Hendrix line, North 31 degrees 15 minutes 58 seconds West -
1,506.62 feet to a cuncrvte monument on the north side of the Progress Energy transmission line
right of way;
23) Thence continuing with the Hendrix line, North 43 degrees 55 minutes 04 seconds West -
1,164.16 feel to a concrete monument;
24) Thence continuing with the Hendrix line, South 68 degree 58 minutes 28 seconds West -
1,022.12 feet to a concrete monument;
25) Thence continuing with the Hendrix line, South 43 degrees 58 minutes 35 seconds East - 739.86
feet to a concrete monument;
26) Thence with the Wright line, South 44 degrees 42 minutes 29 seconds West - 1,039.88 feet to a
concrete monumeat;
27) Thence with the Wright line, South 43 degrees 02 minutes 31 seconds East - 158.98 feet to an
iron stake;
28) Thence with the Wright and Z.V. Pate, Inc. lines, and crossing the run of McNeills Creek, South
37 degrees 56 minutes 46 seconds West - 946.00 feet to an irun stake;
29) Thence continuing with the Pate line, South 40 degrees 48 minutes 22 seconds West - 49153 feet
to an iron stake;
30) Thence with the Laura Wallace line, South 40 degrees 48 minutes 22 seconds West - 568.66 feet
to an Iron stake is the easternmost edge of the right of way of the Aberdeen & Rockfish
Railroad;
31) Thence along and with the railroad right of way, North 38 degrees 12 minutes 28 seconds West
- 2,156.67 feet to the True Point of Beginning.
Subject to easement rights of Hoke County and Z. V. Pate, Inc. as set out in Schedule A of that deed
frorn Z. V. Pate, Inc. to County of Hokr In Book 733, Page 293 of the Hoke County Public Registry
SAVE AND EX('Ft l the property described in the releases recorded in 13ook 837. Page 230. Book 899.
Page 48, and Book 912. Page 157 oldie I Ioke ('ottntIZe<gister of Deeds: and
FLFRTIIVR SAVE .\N[) EX('l'.PI the following tract:
BEGINNING at an existing nta`2 nail in or near the centerline of Pule Road l\CSR 1431). said nail marking
the northernmost corner ol•(now or formcrlClark Stores. LL.C. as shown in Plat Cabinet 4. Slide 3. Page 2.
Hoke County Registry (see also Deed Book 890. I'a;_e 1015). and runnin__ thence along Pate Road North 40'
31' 29" East 816.83 feet to a new mad, nail: thence South 49' 28' 31" Fast 184.44 feet to a new iron stake:
\C Bar Association Form No 61 1/21110
Printed Agreement s%uh the NC Bar Assocm:mu.m
\P(iVI 1 '+1'7.11S 1
•
BK 01079 PG 0610
thence North 40° 31' 29" Fast 144.71 feet to a point marking a common corner with (now or formerly) CBE
I loldings. LLC (see Deed Book 966. Page 133 and Plat Cabinet 3. Slide 3-72. \-lap 6): thence along CBE
;loldings. LLC's line the following three (3) courses and distances: (1) South 49° 40' 50" Last 900.18 feet to
a point: (2) South 49° 35' 48" East 507.69 feet to a point; and (3) South 24` 59' 38" East 552.52 feet to a
point marking a corner with (now or formerly) Gerald G. Wright (see Deed Book 238. Page 2 ): thence along
the line of (now or formerly) Z. V. Pate. Inc. (see Deed Book 226. Page 608) South 37° 57' 46" \Vest 563.36
feet to an existing iron stake. and South 40" 43' 52" West 491.88 feet to a point marking a corner \\ ith (now
or formerly) Laura Wallace (see Deed Book 450. Page 738): thence along Wallace's line South 40 48' 44"
West 568.62 feet to an existing iron stake in the right-of-way margin of Aberdeen & Rockfish Railroad. said
stake being located North 31' 11' 59" West 3.414.06 feet from NCGSM "Dund 1949" (N=427626.78' and
E=1954777.88'. NAD83(201 1)): thence along said railroad right-of-way margin North 38° 12' 52" West
1,611.85 feet to an existing iron stake marking the southernmost corner of the aforementioned Clark Stores.
LLC: thence along the lines of Clark Stores, LLC North 40° 33' 57" East 465.16 feet to an existing iron stake
and North 38° 13' 19" West 545.71 feet to the point of BEGINNING. containing 71.854 acres. more or Tess.
and being shown on a Survey for C13F Holdings, LLC' Section 11. dated :\Ia' 20. 2014. by GS3 Geographic
Solutions Sur c\ ing Services. Drawing Name CFTC -CBI:.
NC liar Association Form No. 6.;' 1 1;2111U
Printed h Agreement ssith the NI Dar Association
NP(iVLI 447448 1
TYTON NC I3IOFUFLS, LLC
80(1 PATE ROAD
R.-1(:FORD. N(' 28376
November 12, 2014
Mr. Charles Weaver. Environmental Specialist
Water Quality Permitting Section
1617 Mail Service Center
Raleigh. NC 27699-1617
Subject: Change in Ownership
Certificate of Coverage C00500645
Clean Burn Fuels. LLC
Hoke County
Dear Mr. Weaver:
RECEIVED/DENRJDWR
NOV 1'7 2014
Water Quality
Permitting Section
Enclosed please find the executed Permit Name/Ownership Change Request for the subject
facility. Clean Burn Fuels, LLC declared bankruptcy and no longer exists as an entity. CBF
Holdings. LLC was set up to handle the assets of Clean Burn Fuels in bankruptcsy. CBF
Holdings requested that the COC be maintained as active pending the sale of the property. and
has continued to pay the annual renewal fees for the COC. The fees are currently paid up to
date.
The ownershp change request has been executed by Mr. Joel Britt. General Manager of CBF
Holdings, and by Mr. Richard Brehm. General Manager of Tyton NC Bioiuels. LLC. the purchaser
of the property. Plese note that the physical address of the facility has been changed from 269
Pate Road to 800 Pate Road on the ownership change request form. This change was made to
correct the address of the facility to that currently assigned by the US Postal Service. A copy of
the property deed is enclosed to document the change in ownership.
Please advise if you have any questions or need additional information to process this request.
Sincerely.
TYTOf9l.NC BIOFUELS. LLC
Richard Brehm
G neral Manager
((: Stan Taylor. I2S l Engineering