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HomeMy WebLinkAboutNC0046531_Owner (Name Change)_20120425ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary Apri125, 2012 KEN FUDALA TERMINAL MANAGER ECO-ENERGY DISTRIBUTION -CHARLOTTE, LLC 7720 MOUNT HOLLY ROAD CHARLOTTE NC 28130 Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NC0046531 ECO-Energy Distribution -Charlotte, LLC Mecklenburg County Dear Mr. Fudala: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on December 1, 2011. This permit modification documents the change of ownership and facility name change. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit 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. 1:AZ/0 Charles Wakild, P.E. cc: Central Files Mooresville Regional Office, Surface Water Protection NPDES Unit File NC0046531 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally Permit NC0046531 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 (NPDES) 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, ECO-Energy Distribution -Charlotte, LLC is hereby authorized to discharge wastewater from outfalls located at the ECO-Energy Distribution -Charlotte, LLC 7720 Mount Holly Road Mecklenburg County to receiving waters designated as an unnamed tributary of Gum Branch within the Catawba 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 April 25, 2012. This permit and authorization to discharge shall expire at midnight on May 31, 2015. Signed this day April 25, 2012. Chaldld, P.E., Director D. ision of Water Quality By Authority of the Environmental Management Commission 1 Permit NC0046531 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. ECU -Energy Distribution -Charlotte, LLC is hereby authorized to: 1. continue to operate a Water Pollution Control System treating stormwater runoff from truck loading racks consisting of: • Oil/water separator • Carbon adsorption • Polishing pond located at ECO-Energy Distribution -Charlotte, LLC, 7720 Mt. Holly Road, Paw Creek, Mecklenburg County, and 2. discharge from said treatment facility through Outfall 001 at a location specified on the attached map, into an unnamed tributary to Gum Branch, a waterbody classified as WS-IV waters within the Catawba River Basin. 2 Permit NC0046531 A. (1.)' EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: LEVIITS MONITORING REQUIREMENTS EFFLUENT Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location CHARACTERISTICS Flow' Episodic 1 Effluent Total Suspended Solids 45.0 mg/L Monthly Grab Effluent Turbidity2 Quarterly Grab Effluent Oil and Grease3 Monthly Grab Effluent Phenol 0.16 mg/L Monthly Grab Effluent Benzene 1.19 µg/L Monthly Grab Effluent Toluene 11 µg/L Monthly Grab Effluent Ethyl Benzene Monthly Grab Effluent Naphthalene Monthly Grab Effluent Xylene Monthly Grab Effluent MTBE4 Monthly Grab Effluent EPA Method 6255 Semi- annually Grab Effluent Acute Toxicity6 Annually Grab Effluent Footnotes: 1. Flow — During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge". Flow shall be monitored with each discharge event and may be monitored in one of four ways: a) measure flow continuously; b) calculate flow (see Attachment A. (4.) Rational Equation) based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 2. Turbidity- Effluent shall not cause receiving stream turbidity to exceed 50 NTU, If receiving stream background turbidity exceeds 50 NTU, effluent shall not cause this background value to increase. 3. Oil and Grease — Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 4. MTBE — See Part A. (2.) for other requirements relating to MTBE 5. EPA Method 625- Once the facility has collected data for 12 consecutive sample events in which there have been no detections above the method detection limit, the Permittee may request DWQ to modify this permit. 6. Acute Toxicity (Fathead Minnow, 24-hour), Annual [see Special Condition A. (3.)]. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. The Permittee shall discharge no tank solids, tank bottom water, or the rag layer. Following hydrostatic testing, the Permittee shall discharge no tank (or pipe) contents unless benzene concentration test less than 1.19 µg/L and toluene concentration test less than 11 µg/L. 3 Permit NC0046531 A. (2.) MTBE MONITORING - SPECIAL CONDITION For the protection of public health, oil terminals discharging to waters classified as water supply (WS) waters shall monitor Methyl Tertiary Butyl Ether (MTBE) for the duration of this permit. The Division anticipates that an MTBE regulatory criterion or Water Quality Standard will be established during the coming permit cycle. For the next cycle of permit renewals, the Division expects to apply this criterion or standard to MTBE data collected during this permit cycle. Should the permittee's MTBE data indicate discharge in excess of this criterion or Water Quality Standard, an MTBE limit will be added to the permit monitoring requirements at renewal. A. (3.) ACUTE TOXICITY MONITORING (ANNUAL) The Permittee shall .conduct annual toxicity tests using protocols defined as defmitive in EPA Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements 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 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. 4 Permit NC0046531 A. (4.) FLOW MEASUREMENT RATIONALLE The Rational Equation: QKuCIA, where: Q= Ku = c= I= flow (peak flow rate (cfs or m3/sec) units conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for SI units dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall intensity of rainfall taken from the intensity -duration -frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after the beginning of rainfall excess when all portions of the drainage basin are contributing simultaneously to flow at the outlet). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient which accounts for infiltration and other potential losses in the region, • the rainfall intensity to the region, • the time it takes for runoff to travel from the region's upper reaches to its outlet, and the region's drainage area. 5 • Est RMIT NAME/OVINE: Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality .�sfl�?i.4 s� s'.'.14"..V121Y '?1,0t1; "y.+:�s:i:P 14', 4 .. EC.I Please enter the permit number for which the change is requested. NPDES Permit N C 0 0 4 6 5 3 1 II. Permit status prior to status change. a. Permit issued to (company name): b. Person legally responsible for permit: (or) `F� Certificate of Coverage N C G 5 Charlotte Terminal 1, LLC Jack Carlisle First MI Last President Title 7720 Mount Holly Road Permit Holder Mailing Address Charlotte NC 28130 City State Zip (704) 288-6342 (NA) Phone Fax c. Facility name (discharge): Charlotte Terminal 1 d. Facility address: 7720 Mount Holly Road Charlotte Address NC 28130 City State e. Facility contact person: Jack Carlisle First / MI / Last 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: Zip (919) 342-5567 Phone b. Permit issued to (company name): c. Person legally responsible for permit: DENR-WATER QUALITY POINT SOURCE BRANCH d. Facility name (discharge): ECO-Energy Distribution -Charlotte, LLC Chadwick Conn First MI Last Vice President, Operations Title 725 Cool Springs Blvd, Suite 500 Permit Holder Mailing Address Franklin TN 37067 City State Zip (615) 778-2898 ChadC@eco-energyinc.com Phone E-mail Address ECO-Energy Distribution -Charlotte, LLC e. Facility address: 7720 Mount Holly Road f. Facility contact person: Charlotte Address NC 28130 City Ken State Zip Fudala First MI Last (615) 335-0459 KenF@eco-energyinc.com 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: Ken Fudala V. VI. First MI Last Terminal Manager Title 7720 Mount Holly Road Charlotte Mailing Address NC 28130 City State Zip (615) 335-0459 KenF@eco-energyinc.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, Jack Carlisle, 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 an a id that f all requir orting information is not included, this application package will be returned ncom -1 1 Signature APPLICANT CERTIFICATION I, Chadwick Conn, 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. Date 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 Excise Tax: $6,500.00 800k. 26p18L Pa44 Zn r', 'w jr' A Recording Time, Book and Page Tax Lot No. Parcel Identifier No. 031-022-03: 031-033-56 Verified by County on the day of 2009 by MAIL After Recording To: Bart White, Hatch, Little & Bunn, LLP, P.O. Box 527, Raleigh, NC 27602 This instrument was prepared by: Sean Delanev. Esq. P.O. Box 527. Raleigh, NC 27602 (NO TITLE EXAMINATION BY PREPARER OF INSTRUMENT) Brief description for the Index Mt Holly Roadrl'om Sadler Road Parcels NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this day of December, 2010, by and between GRANTOR CHARLOTTE TERMINAL I, LLC, a North Carolina limited liability company 109 Willesden Drive Cary, North Carolina 27513 GRANTEE ECO-ENERGY DISTRIBUTION -CHARLOTTE, LLC, a Delaware Limited Liability Company 725 Cool Springs Blvd, Suite 500 Franklin, TN 37067 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include ingular, plural, masculine, feminine or neuter as required by context. rt ,I 4TNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has 41 by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, that certain parcel of land situated in ecklenburg County, North Carolina and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the Property and any improvements thereon, 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 Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following - exceptions. See Exhibit "B" attached hereto and incorporated herein by this reference. Grantor acquired title to the property by Deed recorded in Book 24459, Page 323, Mecklenburg County Register of Deeds. Grantor states that no portion of the property is the Grantor's principal residence. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. CHARLOTTE AL I, LL ,;i orth Carolina limited liabili com• an By: Name: JACK CARLISLE Title: Member -Manager STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that JACK CARLISLE personally appeared before me this day, acknowledging to me that he/she signed the foregoing document as Member -Manager of the Grantor and for the purpose stated within the document. Date: December} 20I0. (affix Official Seal) zit es °J �pTA�Q� ey = Comm. Exp. 9-&2015. — • " UBt.'0rip _4 ou^O 4ftionnnas6 , Notary Public (Print or Type Name of Notary Public) My commission expires: 9`it-2Qt'r EXHIBIT "A" Legal Description Being two tracts of land in the City of Charlotte, Pow Creek Township, Mecklenburg County, North Carolina and lying at the intersection of Mt. Holly Road and Tom Sadler Road and being the property of Crown Central Petroleum Corporation (Deed Book 1542, Page 434, Deed Book 1.176, Page 202, Deed Book_ .L76,:Page_192, Deed Book 2296, - Page:.138 Deed Book 2677,Page 126 and Deed Book 1174, Page g 486) and being more particularly described as follows: TRACT 1: Commencing at an existing PK nail in the centerline intersection of the Seaboard Coast Line Railroad and N.C. Highway 27 (Freedom Drive); thence S 67°48' 51 ": E. 99.55 feet to a set railroad spike in the centerline of Seaboard `Coast Line Railroad, said point being in the line of Castles Pit Stop Marina, Inc. (Deed Book 4404, Page 793) and a corner ofa parcel of unknown ownership, the true point of beprnning.: Thence from said point of beginning with the line of the parcel of unknown ownership N 46°42'09" E. 111.39 feet to a set concrete nail in the line of Cullen Center Bank & Trust (Deed Book 4651, Page 771), said point being on the northern : margin of Mt. Holly Road (public maintenance -1 - ightf way) Thence with the line of Cullen Center Bank & Trust (Deed Book 4651, Page 771) the following four courses and :distances: 1) S 67°51' 02" E. 33.07 feet to an existing #4 rebar, 2) N 44°58'28".E. 148.65 feet to an existing #4 rebar, 3) N 22°12'26" E. 49.49 feet to an existing 6" pipe, 4) N 49°50'52" E. 189.22 feet to a set #5 rebar on the south side of Tom :Sadler Road (public maintenance right-of-way). Thence with the southern margin of Tom Sadler Road S 40°14'00" E. 560.40 feet to an existing #6 rebar in the line of Citgo Petroleum Corporation (Deed Book 4686, Page 805). Thence with the line of Citgo Petroleum Corporation (Deed Book 4686, Page 805) S 01°30'04" W. passing a set #5 rebar on line at 100.73 feet on the northern margin of Mt. Holly Road (public' maintenance right-of-way), for a total distance of 209.54 feet to a set #5 rebar in the centerline of Seaboard Coast Line Railroad, said point being a corner of Citgo Petroleum Corporation (Deed Book 4686, Page 805), and in, the line of Transmontaigne Terminating Inc. (Deed Book 10594, Page 471). Thence with the line of Transmontaigne Terminating Inc. g (Deed Book:10594, Page 471 }, Charlotte : Transportation " Co., Incorporated (Deed Book 2712, Page 218) and Castles Pit Stop Marina, Inc.: (Deed Book 4404, page 793) N 67°48'51" W. 795.47 feet to ` a set railroad spike, the point of beginning containing 4.986 acres, more or less. TRACT 2: Commencing at an existing PK nail in the centerline intersection of the Seaboard Coast Line Railroad and N.C. Highway 27 (Freedom Drive); thence S 67°48'51":E. 99.55 feet. to a set' railroad spike in the centerline of Seaboard Coast Line ._Railroad. Thence N 46°42'09" E. 111.39 feet to a set concrete nail. Thence S 67°51'02" E. 33.07 feet to an existing #4 rebar. Thence N 44°58'28" E. 148.65 feet to an existing #4 rebar. Thence N 22°12'26" E. 49.49 feet to an existing %" pipe. Thence N 49°50'52" E. 189.22 feetto a set #5 rebar on the south side of Tom Sadler Road (public, maintenance right-of-way). Thence N 21 °21'20" E. 67.33 feet to existing concrete monument with a nail in the northern margin of Tom Sadler Road (public maintenance right-of-way), a corner of Motiva Enterprises LLC (Deed Book 10019, Page 715) the true point of beginning Thence from said point of beginning with the line of Motiva Enterprises LLC (Deed. Book 10019, Page 715) N 45°06'15" E. 507.76 feet to a set concrete nail, a corner of Motiva Enterprises LLC (Deed Book 10019, Page 715) in the line of Citgo Petroleum Como o_ (Dge� Book .4.686, Page.,..80, c elcum Corporation (Deed Book'4686, Page 805) S 41°30'04" W. passing an existing #4 rebar in concrete at 262.18 feet, for a total distance of 760.25 feet to a set concrete nail in the northern margin of Tom Sadler Road (public maintenance right-of-way). Thence with the northern margin of Tom Sadler Road (public maintenance right-of-way) N 40°14'00" W. 526.05 feet to an existing concrete monument with a nail, the point of beginning containing 3.055 acres, more or less. EXHIBIT "B" Title Exceptions 1 • Taxes for the year 2011, not yet due and payable, and subsequent years. 2. Easement(s) to Duke Power Company recorded in Book 1025, Page 261; Book 1196, Page 64, Mecklenburg County Registry. 3. Easement(s) to Plantation Pipeline Company recorded in Book 1056, Page 541; Book 1074, Page 415; Book 1643, Page 83, Mecklenburg County Registry. 4. Right(s) of Way to City of Charlotte recorded in Book 8979, Page 34, Mecklenburg County Registry. 5. Right(s) of Way to Level 3 Communications, LLC recorded in Book 11439, Page 794, Mecklenburg County Registry. 6. Easement(s) to Colonial Pipeline Company recorded in Book 2729, Page 4, as supplemented in Book 3955, Page 948; Book 8006, Page 621, Mecklenburg County Registry. 7. Terms and conditions of, right, title and interest to any property outside of the conveyed property which is subject to or affected by the Easement to Crown Central Petroleum Corporation recorded in Book 2658, Page 209, as affected by Release of Easement recorded in Book 2765, Page 149, Mecklenburg County Registry, and rights of others in and to the use thereof. 8. Any right, title, and interest of others in and to that portion of the property, if any, lying within the railroad right-of-way. 9. Any right, title, and interest of others in and to any portion of the property lying within the right-of-way of Mt. Holly Road or Tom Sadler Road. ' 10. All other easements, restrictions and rights -of -way of record.