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HomeMy WebLinkAboutNCG210485_Emails RE Rescission Request letter_20220811Lawyer, Mike From: Lawyer, Mike Sent: Thursday, August 11, 2022 10:05 AM To: Jennifer Scott Cc: Carson, Brittany Subject: RE: [External] Fw: permit rescission request Stormwater Permit NCG21000 Attachments: NPDES- Rescission-Form-20210629-DEMLR-SW.pdf Ms. Scott, Annette Lucas no longer works with DEQ. I have copied Brittany Carson, General Industrial Stormwater Permit Coordinator with our Raleigh Central Office, who would process the rescission request for Active Energy Renewable Power (Certificate of Coverage NCG210485). In addition to the letter you provided, a Rescission Request Form (see attached) would need to be completed and submitted. After receipt of the completed Rescission Request Form, a site visit will be conducted to ensure that all industrial activities have ceased and all exposed products/materials have been removed from the site before rescission of permit coverage is granted. If you have any questions, please contact Brittany or myself. Regards, Mike Michael Lawyer, CPSWQ Environmental Program Consultant Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: 910-433-3394 E-mail: mike. lawyer(a)_ncdenr.gov 225 Green Street, Suite 714 Fayetteville, NC 28301 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jennifer Scott <jscott@SHIPMANLAW.COM> Sent: Wednesday, August 10, 2022 12:54 PM To: annette.lucas@ncdenr.com Cc: Lawyer, Mike <mike.lawyer@ncdenr.gov> Subject: [External] Fw: permit rescission request Stormwater Permit NCG21000 1 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. 1 Please fine my letter regarding the rescission request for Lumberton Energy Holdings, LLC / Active Energy Renewable Power, LLC. I look forward to your confirmation of receipt and response. J Jennifer D. Scott, Esqx. SHIPMAN & WRIGHT, LLP 575 Military Cutoff Rd. Ste. 106 Wilmington, NC 28405 0scott@shipmanlaw.com (c) 919.236.9263 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachment. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax -related matter. Please be assured that this policy does not reflect any decrease in the quality of services of the amount of thought we put into our correspondence with you. From: Jennifer Scott <ienscottesq@gmail.com> Sent: Wednesday, August 10, 2022 12:51 PM To: Jennifer Scott <iscott@SHIPMANLAW.COM> Subject: permit rescission request Jennifer Scott ienscottesq@gmail.com From: Jennifer Scott To: annette.lucasaancdenr.com Cc: Lawyer, Mike Subject: [External] Fw: permit rescission request Stormwater Permit NCG21000 Date: Wednesday, August 10, 2022 12:54:28 PM Attachments: 2022 08 10 12 50 57.pdf CAUTION: External email! Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Please fine my letter regarding the rescission request for Lumberton Energy Holdings, LLC / Active Energy Renewable Power, LLC. I look forward to your confirmation of receipt and response. J Jennifer D. Scott, Esqx. SHIPMAN & WRIGHT, LLP 575 Military Cutoff Rd. Ste. 106 Wilmington, NC 28405 jscott@shipmanlaw.com (c) 919.236.9263 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachment. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax -related matter. Please be assured that this policy does not reflect any decrease in the quality of services of the amount of thought we put into our correspondence with you. From: Jennifer Scott <jenscottesq@gmail.com> Sent: Wednesday, August 10, 2022 12:51 PM To: Jennifer Scott <jscott@SHIPMANLAW.COM> Subject: permit rescission request Jennifer Scott ienscottesc c gmail.com SHIPM4N & WRIGHT, L.L.P. ATTORNEYS AT LAW 575 Military C:utbl7 Road. Suite 106 1 Wilminl tom NC 28405 91.0.762.1990 € f: 910.762.6752 1800.762.1990 j www.shidzrnanandwright.crnm Lazy K. 5hij�mau Board Certified Civil 'rrial specialist National Board ofTrial Advocacy William G. Wright NCDRC Certified Superior Court h Kevin L. Littlejohn, U Via email: Annette.lu . qa-s i@ncdetir.com Annetta Lucas Stormwater Program Manager NC DEMLR — Storm rater Program Department of Environmental Quality 1612 Mail Service Canter Raleigh. NC 27699-1612 Re; Storm Ms. Lucas August 10, 2022 Permit NC:G21000 Jennifer D. Scott Special Counsel Certified Rena Properly Specialist NCDRC Certified Superior Court Mediator James T. Moore Jillian C.S. Blanchard C)f Counsel Author's emefl: jecota6ipmantaw.eom Please take this as our formal notice that Lumberton Energy Holdings, LLC sold the facility at 1885 Alamae Rd Lumberton. SIC to Phoenix Lumberton Industrial Investors, LLC. The transaction has closed (6/30/2022) and we are working through transition items with the new owner. The new owner will not rewire the referenced Stormwater Permit. Active Energy Renewable Power, L lI.0 will no longer pursue any permit for any operations at this facility. Upon this nC Further. please advi Thank you. Complex 0 [.and Condemnation Consi Mold Litigation C Sports & ii ,e, please withdraw and rescind the active referenced stormwater permit. of any additional information required to process this rescission request. Jennifer, D. Scott. Esgx. PRACTICE AREAS I•ocused 7"rrcrl Practice ur all I eilerctl cox! State Courts reial Litigation I Personal htitay & Wrong -lid Icath I Lender Liability I IMC(lical Malpractice n Litigation I Product Liability i Business formation, Organization k Management I fiquitable Distribution ter Class ;action I Real Estate Developnicnt & transactions ! chills, Trusts & F.stato, 1 family Law inment Law 1 Probate 1'ras Planning & Defense Services I Commercial Loan Modifications