NC0000108_NOV2006LR0037Response_20060506

Coats
North America
. May 14, 2006
Via E -Mail: [e-mail] &
Certified Mail 70010320 00013155 3573
Mr. Bob Guerra,
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Reference: Notice of Violation
Sylvan Plant WWTP
Transylvania County
NOV- 2006 -LR -0037
Dear Mr. Guerra:
Coats North America
P.O. Box 670
Toccoa, Georgia 30577
Telephone: [phone]
FAX: [phone]
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In reply to the above referenced Notice of Violation (NOV) dated April 28, 2006, my voice
message to you on May 11 and phone conversation with your associate, Toya Fields, on May 2,
Coats American requests the NOV be withdrawn since Coats American sold the property to 159
Babcock Company, LLC (a.k.a. Excelsior Packaging) on February 3, 2006. Coats no longer has
responsibility for nor access to the property and related wastewater treatment plant. The
current owner, 159 Babcock Company, LLC indicated to Coats during the sale of the property
its intention to continue operation or the wastewater treatment system, transfer the NPDES
permit and compliance with all elements of the permit effective the date of the sale. The
attached copy of the recorded deed is provided as evidence of that transfer. Please note the new
"911" address assigned to this property is 1379 Old Rosman Highway, Brevard, North Carolina
rather than the former address of Old Highway 64, Rosman, North Carolina.
For your consideration in this matter, I contacted Ms. Wanda Frazer at the Asheville Regional
office in early November 2005 to assist Excelsior Packaging in transferring the permit rather
than request the permit be terminated. As you will note by the attached copy of my
correspondence to Mr. Ronald Shemesh, I advised Excelsior Packaging on November 10, 2005 of
the requirements for a change in ownership in paragraph A.(4.) of the site's NPDES Permit and
suggested he contact Ms. Frazer. On December 2, 2005 I again reminded Excelsior Packaging
representative of this issue.
Upon receipt of the NOV, I spoke again with Ms. Frazer on May 2, who stated she had no
record of a permit transfer. I also spoke with Mr. Wesley Royal, Operator In Responsible
Charge of the site's WWTP who indicated he had prepared and forwarded to Excelsior
Packaging the appropriate transfer request for filing with NC -DENR. Unfortunately, I have
been unable to reach representatives of Excelsior packaging despite repeated phone calls on
May 2 and May 11 and via the attached email.

Notice of Violation - Sylvan Plant WWTP
Transylvania County - NOV- 2006 -LR -0037
May 14, 2006
Page 2
As you will note, I am providing a copy of this reply to Mr. Tom Costa, attorney for Excelsior
Packaging, and Mr. Ronald Shemesh, Chief Executive Officer of 159 Babcock Company, LLC to
solicite there reply as to their intentions regarding this matter prior to a follow -up request by
Coats to NC -DENR terminate the permit.
We look forward to your decision as to our request to withdraw this NOV and would
appreciate any information or guidance as to how to proceed in these permitting issues.
Sincerely,
COATS NORTH AMERICA
Mike Bell
Director Environmental Engineering
Attachments
cc: Mr. Tom Costa - Via E -mail: [e-mail] &
Certified Mail: 70010320 00013155 3566
Mr. Ronald Shemesh - Via E -mail: [e-mail] &
Certified Mail: 70010320 00013155 3559
Mr. Peter McGrath - Via E -mail: [e-mail]