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NC0046531_Owner (Name Change)_20100507
AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 7, 2010 GREG F CARLISLE PRESIDENT CHARLOTTE TERMINAL 1 LLC 905 BLENHEIM DRIVE RALEIGH NC 27612 Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NC0046531 Charlotte Terminal 1 Mecklenburg County Dear Mr. Carlisle: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on May 5, 2010. This permit modification documents the change of ownership. 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. Sincerely, Coleen H. Sullins 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 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina ,7Vaturallu 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, Charlotte Terminal 1, LLC is hereby authorized to discharge wastewater from outfalls located at the Charlotte Terminal 1 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 May 7, 2010. This permit and authorization to discharge shall expire at midnight on May 31, 2010. Signed this day May 7, 2010. oleen H Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 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. Charlotte Terminal 1, LLC is hereby authorized: 1. To operate a water pollution control system to treat stormwater runoff from truck loading racks consisting of: • Oil/water separator, • Carbon adsorption, • Polishing pond. The facility is located at Charlotte Terminal 1, 7720 Mt. Holly Road, Paw Creek, Mecklenburg County. 2. Discharge from said treatment facility through Outfall 001 at a specified location (see attached map) into an unnamed tributary to Gum Branch, a waterbody classified as WS- IV waters within the Catawba River Basin. 1 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: LIMJTS MONITORING REQUIREMENTS EFFLUENT Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location CHARACTERISTICS Flows 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 mg/L Monthly Grab Effluent Toluene 11 µg/ L Monthly Grab Effluent Ethyl Benzene Monthly Grab Effluent Napthalene Monthly Grab Effluent Xylene Monthly Grab Effluent Monthly Grab Effluent MTBE4 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 8 consecutive sample events in which there have been no detections above the method detection limit, the permittee may request a modification to the permit that reduces or eliminates the monitoring.requirement 6. Acute Toxicity (Fathead Minnow, 24-hour), Annually [see Special Condition A. (3.)[. There shall be no discharge of floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the rag layer. The permittee shall not discharge tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 µg/L and toluene concentration is less than 11 AWL. Permit NC0046531 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS 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 cyde. 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 definitive 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 inunediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A Permit NC004653 1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (4.) FLOW MEASUREMENT RATIONAL The Rational Equation: Q=KuCIA, where: Q = flow (peak flow rate (cfs or m3/sec) Ku = 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 C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = 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 nun/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. Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 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: ip2©RINIE1) MAY -52010 DENS WATER QUALITY POINT SOURCE BRANCH C G 5 Refuel America, Inc. Mike First MI D'onofrio Last Title 6000 Fairview Road, 12th Floor Permit Holder Mailing Address Charlotte NC 28210 City State Zip ( ) ( ) Phone Fax c. Facility name (discharge): Refuel America Terminal Operations -Charlotte d. Facility address: 7720 Mount Holly Road Charlotte Address NC 28130 City State Zip e. Facility contact person: Floyd ( ) Rei d 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): Charlotte Terminal 1, LLC c. Person legally responsible for permit: Greg F Carlisle First MI President Last Title 905 Blenheim Dr Permit Holder Mailing Address Raleigh NC 27612 City State (919) 868-5686 gregcarlisle@ne.rr.com Phone E-mail Address d. Facility name (discharge): Charlotte Terminal 1 Zip e. Facility address: 7720 Mount Holly Road f. Facility contact person: Charlotte Address NC 28130 City State Zip Greg F Carlisle First MI Last (919) 868-5686 gregcarlisle@nc.rr.com Phone E-mail Address Revised 1/2009 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) V. VI. Permit contact: Greg F Carlisle First MI Last President Title 905 Blenheim Dr Mailing Address Raleigh NC 27612 City State Zip (919) 868-5686 gregcarlisle@nc.rr.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, , 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. Signature Date APPLICANT CERTIFICATION I, Greg 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 and that if all required supporting information is not included, this application package will be returned as incomplete. 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 Revised 1/2009 (Page 1 of 8) Excise Tax: $ noeLoo FOR REGISTRATION J. DAVID MEREGISTER OF DEEDSGRANgERRY MECNC FEB URG COUNTY, 8X:24459 / 02.06:30 PM EXCISE TAX:332, 0 0 32.00 INSTRUMENT 4 2009019533 Recording Time, Book and Page ', ij'1 I Tax Lot No. Parcel Identifier No. 03 % _ 0 33 -SG- 03/ ' (?.? a--03 J Verified by County on the day of , 2009 by MAIL After Recording To: Bart White, Hatch. Liule & Bunn, LLP, P.O. Box 527, Raleigh, NC 27602 This instrument was prepared by: Ronald R. Rogers, Esq., Williams Mullen, P.O. Drawer 19764, Raleigh, NC 27619-9764 (NO TITLE EXAMINATION BY PREPARER OF INSTRUMENT) Brief description for the Index Mt. Holly Road/Tom Sadler Road Parcels NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 1 P. day of February, 2009, by and between GRANTOR TERMINALS 1, LLC, a Delaware limited liability company 101 Hudson Street, Suite 3700 Jersey City, New Jersey 07302 GRANTEE CHARLOTTE TERMINAL I, LLC, a North Carolina limited liability company 109 Willesden Drive Cary, North Carolina 27513 Enter in appropriate block for each party: name, address, and if appropriate, character of entity, e.q. corporation or partnership 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. 1 126664.1 1 (Page 2 of 8) 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 Grantee in fee simple, that certain parcel of land situated in Mecklenburg 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. [signature page follows] (Page 3 of 8) IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. TERMINALS 1, LLC. a Delawar: ited liability company By: Name: Title: Manager STATE OF NEW JERSEY COUNTY OF HUDSON I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose stated therein and in the capacity indicated: 717 ys /Y1imiod Pei,n/kil s 1,4, . Date: February 11, 2009 (affix Official Seal) 11)aby. 43A, 1 Notary Public 41. (Print or Type Name of Notary Public) My commission expires: —ARtERMIMANOWSKI A Notary Public of New Jersey My Commission Mires 9/19/2011 (Page 4 of 8) 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 1176, Page 202, Deed Book 1176, Page 192, Deed Book 2296, Page 138, Deed Book 2677, Page 126 and Deed Book 1174, Page 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 of a parcel of unknown ownership, the true point of beginning. 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 right-of-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 ' " 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 comer of Citgo Petroleum Corporation (Deed Book 4686, Page 805), and in the line of Transmontaigne Terminaling Inc. (Deed Book 10594, Page 471). Thence with the line of Transmontaigne Terminaling Inc. (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 1126664.1 (Page 5 of 8) 22°12'26" E. 49.49 feet to an existing th" pipe. Thence 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 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 Corporation (Deed Book 4686, Page 805). Thence with the line of Citgo Petroleum Corporation (Deed Book 4686, Page 805) S O1°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. 1126664.1 (Page 6 of 8) N I ry EXHIBIT "B" Title Exceptions 1. Taxes for the year 2009, not yet due and payable, and subsequent years. 2. Unrecorded Access Agreement dated January 18, 2006 between ReFuel Terminal Operations, Inc., a Delaware corporation, and Crown Central LLC, a Maryland limited liability company. 3. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation, variation, or other adverse circumstance affecting the title disclosed by plat(s) recorded in Map Book 4, Page 431; Map Book 5, Page 91, Mecklenburg County Registry. 4. Easement(s) to Duke Power Company recorded in Book 1025, Page 261; Book 1196, Page 64, Mecklenburg County Registry. 5. Easement(s) to Plantation Pipeline Company recorded in Book 1056, Page 541; Book 1074, Page 415; Book 1643, Page 83, Mecklenburg County Registry. 6. Right(s) of Way to City of Charlotte recorded in Book 8979, Page 34, Mecklenburg County Registry. 7. Right(s) of Way to Level 3 Communications, LLC recorded in Book 11439, Page 794, Mecklenburg County Registry. 8. 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. 9. 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. 10. Any discrepancy, conflict, access, shortage in area or boundary lines, encroachment, encumbrance, violation, variation, overlap, setback, easement or claim of easement, riparian right, and title to land within roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below the mean highwater mark or within the bounds of any adjoining body of water, or other adverse circumstance affecting the title that would be disclosed by a current inspection and accurate and complete land survey of the land. 11. Any right, title, and interest of others in and to that portion of the property, if any, lying within the railroad right-of-way. 1126664.1 (Page 7 of 8) 12. 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. 13. All other easements, restrictions and rights -of -way of record. 14. Unrecorded Environmental Indemnity and Access Agreement dated December 24, 2008 by and between Crown Central LLC, a Maryland limited liability company, and the Grantor. 1126664.1 (Page 8 of 8) J. DAVID GRANBERRY REGISTER OF DEEDS, MECKLENBURG COUNTY & COURTS OFFICE BUILDING 720 EAST FOURTH STREET CHARLOTTE, NC 28202 PLEASE RETAIN YELLOW TRAILER PAGE It is part of the recorded document, and must be submitted with original for re-recording and/or cancellation. Filed For Registration: 0211712009 02:06:30 PM Book: RE 24459 Page: 323-330 Document No.: 2009019533 DEED 8 PGS $32.00 NC REAL ESTATE EXCISE TAX: $2,700.00 Recorder: LYVANH PHETSARATH 111111111111111111111111111111111111111111111111111111111111 2009019533