NC0000108_NOV2006LR0037_20060514

I& of Violation NOV- 2006 -LR -0037
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Subject: Notice of Violation NOV- 2006 -LR -0037
From: Mike.BELL @coats.com
Date: -14 'Mdy 2006 20:43:06 -0400
To: bob.guerra @ncmail.net
CC: toya.fields @ncmail.net, mcgrathp @mvalaw.com
Bob,
A5tached'is an explanation and request for withdrawal of the April 28, 2006
OV for the failure to submit the February Discharge Monitoring Report for
the former Coats American Sylvan Plant in Rosman, NC.
I will be out of the office until Thursday, May 18, but please do hesitate
to call me via cell phone regarding this matter.
Regards,
Mike Bell
Director, Environmental Engineering
Coats North America
(706) 886 -2141 Ext. 2248
(706) 886 -9182 Fax
(706) 491 -2431 Cell
(See attached file: Coats NOV- 2006 -LR -0037 Reply 051406.pdf)
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please note that any distribution, copying or use of this communication or the
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error, please notify us by email ([e-mail]) or telephone our technical
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and then delete the email and any copies of it. <br>
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Content -Type: application/pdf
Coats NOV- 2006 -LR -0037 Reply 051406.pdf
'Content - Encoding: base64
5/17/2006 7:09 AM

Mike BELL /US /COATS To "Tom Costa" <tcosta @costalawllp.com >,
05/0212006 05:01 PM rshemesh @excelsiorpkg.com
Donna Armstrong /US /COATS @COATS, Mickey
cc Olsen /US /COATS @Coats, Terry
StMartin /US /COATS @Coats, mcgrathp @mvalaw.com
bcc
Subject NPDES Permit Notice of Violation.
Tom & Ron,
Please note the attached Notice of Violation Coats received from NC -DENR for failure to submit the
February Discharge Monitoring Report for the facility. I spoke with Wanda Frazer at the NC -DENR
Asheville Regional Office who indicated the NPDES Permit has not been transferred. I also spoke with
Wesley Royal, Wastewater Operator in Responsible Charge, who I understand was coordinating the
permit transfer on 159 Babcock's behalf. I later spoke with Toya Fields in Raleigh NC -DENR offices who
issued the NOV. She asked that I document the transfer of ownership to facilitate the withdrawal of that
NOV.
As you may recall. I advised you of the need to transfer this permit in my November 10, 2005 letter and
subsequently in my 2 December 2005 email. It was my understanding these actions were being
undertaken. With the sale closing date of February 3, filing of the February report was 159 Babcock's
responsibility. However, Wanda Frazer states she has had no contact from representatives of 159
Babcock or Excelsior Packaging. Perhaps there is a misunderstanding or other lack of information
regarding this matter. I look forward to your prompt reply as to the status of the transfer and would
appreciate your letter to Mr. Guerra at NC -DENR in Raleigh acknowledging ownership of the property as
of February 3, 2006 and responsibility for compliance with the permit.
Terry, please scan and send me a copy of the deed transferring the form Sylvan Plant from Coats
American to 159 Babcock Company, LLC so I can document the sale of the facility to NC -DENR.
Regards,
Mike Bell
Director, Environmental Engineering
Coats North America
(706) 886 -2141 Ext. 2248
(706) 886 -9182 Fax
(706) 491 -2431 Cell
Coats Sylvan WW NOV 042&N pdf

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CERTIFIED MAIL 70031010000045202239
RETURN RECEIPT REQUESTED
Mr. Mike Bell
Director of Environmental Engineering
Coats North America
P.O_ Box 670
Toccoa, Georgia 30577
Dear Mr. Bell:
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Firvironment and Natural Resources
April 28.2006
Subject: NOTICE OF VIOLATION
Sylvan Plant WWTP
Transylvania County
NOV- 2006 -LR -0037
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
MAY 0 1 2006
COATS NORTH AMErttCA
ENGINEETN4G
SERVICES
This is to inform you that the Division of Water Quality has not received your monthly monitoring report for February 2006.
This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the
submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to
submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You
will be considered noncompliant with the self - monitoring requirements of your NPDES permit until the report has been
submitted.
To prevent further action, please submit said report to Bob Guerra at the address shown below, within fifteen (15)
days of receipt of this notice.
The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient
operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about
this letter or Discharge Monitoring Reports, please contact me at 919 - 733 -5083, extension 539.
Sincerely,
64
Bob Guerra
Western Region NPDES Unit
cc: DWQ Asheville Surface Water Protection Supervisor
Central Files
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Carotins
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.encstate.nc.us 512 N. Sall ishury St. Raleigh, NC 27604 FAX [phone]
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