WQ0003924_CO Additional Information Request regarding permit requirements to Perry Kiester_20190128

From: Perry Keister
To: Saunders, Erickson G
Cc: Thornbura. Nathaniel; Watson. Edward M; roneimaryrobe rtCabicloud.com
Subject: Re: [External] FW: WQ0003924 Additional Information Request 2
Date: Friday, March 1, 2019 11:02:47 AM
Fivallirswr Externa
attachment to reoort.spamna nc.gov
attachments unless you verify. Send all suspicious email as an
Ron has your reached out on the info the state has requested to clarify what we need to do ?
See below
Perry Keister
Consulting
On Mar 1, 2019, at 10:04 AM, Saunders, Erickson G <Erickson, Saunders(c�.ncdenr.gov>
wrote:
Perry,
The additional information request is now 2 days overdue. Please respond to this email
with a status update for the additional information response. We are preparing an
application return letter and if we do not hear from you by the end of next Monday, we
will proceed with returning the application which will be followed by issuing you a
Notice of Violation (NOV).
Regards,
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saundersna ncdenr.gov
From: Saunders, Erickson G
Sent: Monday, February 18, 2019 9:17 AM
To: 'Perry Keister' <prkeisterPgmail.com>
Subject: RE: [External] FW: WQ0003924 Additional Information Request 2
Perry,
I know you've gotten into contact with Beth but I just wanted to get a status update for

the second additional information request and remind you that it is due in 9 days on
February 27th
Thanks,
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saundersna ncdenr.gov
From: Perry Keister <prkeisterPgmail.com>
Sent: Tuesday, January 29, 2019 11:26 AM
To: Saunders, Erickson G<Erickson.Saunders(aDncdenr.gov>
Subject: RE: [External] FW: WQ0003924 Additional Information Request 2
email. Do not click links or open attachments unless you verify. Send all
suspicious email as an attachment to reoort.spamna nc.gov
Have Teresa working on it with her legal beagles
From: Saunders, Erickson G <Erickson.Saunders(cDncdenr..Qov>
Sent: Tuesday, January 29, 2019 11:23 AM
To: Perry Keister <prkeister(@.Qmail.com>
Subject: RE: [External] FW: WQ0003924 Additional Information Request 2
Perry,
What we want to see is that your Partnership is registered to do business in the
county/state. I've been researching this for the better part of the morning and it looks
like the Certificate of Assumed Name might not be the only form you'll need (if you
need it at all). You may have to register your partnership in the NC Secretary of State as
well.
According to this general statute, you must file an assumed business name certificate
into the office of the register of deeds of the county you will be engaged in business if
your business name is different than either the real names of the general partners, or
the name registered in the Secretary of State (SoS). This means that depending on what
kind of partnership this is, you will also have to register in the NC SoS. It appears that
limited liability partnerships (LLPs) and limited partnerships (I -Ps) have to registered
with the secretary of state (refer to § 66-71.3. of the general statute). This link may be
helpful if you are looking for information on the Secretary of State's requirements.

So just to clarify, if LINCO is an LLP or an LP, then you must register with the SoS. For
this case, if your assumed business name is different than what is on the SoS, then an
assumed business name certificate will have to be registered in the Lincoln County
Register of Deeds (RoD). If the assumed business name is the same, then
documentation that you have registered to the SoS is adequate. If LINCO is not an LP or
LLP, then you will only have to register the assumed business name certificate in the
Lincoln RoD.
I'm sorry for not getting this clarified earlier, all this legal stuff can be a little much for
my math oriented mind. If you have any questions, I'll be in the office until 5. I'm
aiming to go to lunch at around 12 today so I might not be back until 1.
Thanks,
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saundersna ncdenr.gov
From: Perry Keister <prkeisterna gmail.com>
Sent: Tuesday, January 29, 2019 10:05 AM
To: Saunders, Erickson G <Erickson.Saundersna ncdenr.gov>
Subject: [External] FW: WQ0003924 Additional Information Request 2
• ► External emwo not click links or open attach
picious email as an attachment to reoort.spamna nc.gov
Erickson
Will this suffice on missing documentation and I have reached out to Beth concerning
ORC
From: teresana buckinvest.com <teresana buckinvest.com>
Sent: Tuesday, January 29, 2019 10:01 AM
To: 'Perry Keister' <prkeisterna gmail.com>
Subject: RE: WQ0003924 Additional Information Request 2
Please see attached.
Teresa Lundine/Vice President
RONALD D. BUCK, INC.

615-970-8153
teresana buckinvest.com
From: Perry Keister <prkeisterPgmail.com>
Sent: Tuesday, January 29, 2019 8:48 AM
To: teresa(a buckinvest.com
Subject: FW: WQ0003924 Additional Information Request 2
Would you look at part A of the attached, I need a bit of help with that. I will contact
about ORC
From: Saunders, Erickson G<Erickson.Saunders(cDncdenr..Qov>
Sent: Monday, January 28, 2019 12:50 PM
To: Perry Keister <prkeister(@.Qmail.com>
Cc: Thornburg, Nathaniel<nathaniel.thornburg(cDncdenr.gov>; Watson, Edward M
<edward.watson(@ncdenr..Qov>; Buffington, Beth <beth.buff ington(cDncdenr..Qov>
Subject: WQ0003924 Additional Information Request 2
Perry,
Thanks for the submission last Friday. I was out in the field on a last minute site visit so I
may have missed if you called. We are accepting the response and will not issue an
NOV at this time. However, we are sending a second additional information request to
get the Certificate of Assumed Name filed in the Lincoln County Register of Deeds and
to get the ORC situation sorted out. Our systems require one main ORC and another
backup ORC according to 15A NCAC 08G .0201. This system did not have a backup ORC
at the time of permitting, and the region has indicated that Lynn Aldridge no longer
serves the system. Beth Buffington of the Wastewater Operator Certification group
should be the person to contact about this. It would be up to her to see how this
should be handled.
This additional information request is going to be a bit more strict. If we don't receive
these items before the expiration date of February 27, 2019, then we will rescind the
application and issue an NOV to LINCO. If you have any questions, don't hesitate to
contact me.
Thanks you,
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saunders(a ncdenr.gov

From: Perry Keister <prkeisterna gmail.com>
Sent: Friday, January 25, 2019 10:15 AM
To: Saunders, Erickson G <Erickson.Saunders(cDncdenr.gov>
Subject: [External] RE: WQ0003924 Additional Information Request
EExternal emai�not click links oropen attachments unless you verify. Send all
s email as an attachment to reoort.spamna nc.gov
Erickson
I am waiting on copy of the deed and register of deed info
<image001.png>
From: Saunders, Erickson G <Erickson.Saunders(cDncdenr.gov>
Sent: Wednesday, January 23, 2019 1:57 PM
To: Perry Keister <prkeisterna gmail.com>
Subject: FW: WQ0003924 Additional Information Request
The signature authority designation letter is what we discussed on the phone. Get one
of the majority shareholders of Linco to sign it so that you may become an appropriate
signing official.
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saundersna ncdenr.gov
From: Saunders, Erickson G
Sent: Monday, November 19, 2018 11:17 AM
To: 'izombrona nfpc.com' <izombrona nfpc.com>;'prkeisterna gmail.com'
<prkeister(@gmail.com>
Cc: Thornburg, Nathaniel <nathaniel.thornburgna ncdenr.gov>; Watson, Edward M
<edward.watsonna ncdenr.gov>; Pitner, Andrew <andrew.pitnerna ncdenr.gov>
Subject: WQ0003924 Additional Information Request
It has come to my attention that this permit has changed hands from NFP Holdings, LLC

to LINCO Partnership. This additional information request is set to address this
ownership change, as well as other issues. I have included the formal additional
information request in this email, along with a few other documents that have already
been partially filled out that you will need to execute. I'm also sending a physical copy
to the mailing address that the regional inspector gave me which is 5200 Old Harding
Road, Nashville TN 37064. It's addressed to Mr. Keister, but I don't have a mailing
address for him specifically. If this address is incorrect, please tell me and I can resend
it.
Please address all of the items of this request before the end of the day on December
19, 2018. Don't hesitate to contact me about any issues you may have. Thanks,
Erick Saunders
Department of Environmental Quality
Division of Water Resources
Water Quality Permitting
[phone] Office
erickson.saundersna ncdenr.gov

State of North Carolina
I ! L11ILi
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION
This form is for ownership changes or name changes of a non -discharge system permit. Please note that "Permittee"
references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change.
For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website
A. Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications):
❑ Submit an original completed and appropriately executed Non -Discharge Permit Ownership/Name Change (FORM: NDPONC
06-16) application.
❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T
.0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who
meets the criteria in 15A NCAC 02T .0106(b).
❑ The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an
alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria
in 15A NCAC 02T .0106(b).
B. Existing Permit (All Applications):
❑ Submit a copy of the most recently issued permit.
C. Property Ownership Documentation (All Applications):
➢ Per 15A NCAC 02T .0504(f), 15A NCAC 02T .0604(c), 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T
.1004(d), 15A NCAC 02T .1104(d)(7), 15A NCAC 02T .1104(c)(5), 15A NCAC 02U .0201(c) or 15A NCAC 02U .0202(f),
the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities:
❑ Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or
❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both
parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility):
❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served
by the non -discharge system.
E. Operational Agreements (All Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to
be sold):
➢ Home/Property Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By-
laws.
➢ Developers of lots to be sold
❑ Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV).
F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems):
❑ Per 15A NCAC 02T .0604(h), submit an original of a notarized Operation and Maintenance Agreement (FORM: SFRWWIS
O&M) that has been signed and dated by all deeded property owners.
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone] FAX NUMBER: [phone]
INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1

State of North Carolina
nWR
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE
Division of Water Resources FORM: NDPONC 06-16
I. EXISTING PERMITTEE INFORMATION:
1. Permittee's name:
2. Signature authority's name: per 15A NCAC 02T .0106(b) Title:
3. Permittee's mailing address:
City: State: Zip: -
4. Permittee's contact information: Phone number: (_) - Email Address:
5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120:
Has the Permittee or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or G. S. 143-215.6131? ❑ Yes or ❑ No
b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑ No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No
d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑ No
e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ❑ No
II. FACILITY INFORMATION:
1. Facility name: National Fruit Product Company - Lincolnton WWTF
2. Facility's physical address: 288 White House Road
City: Lincolnton State: NC Zip: 28093- County: Lincoln
III. PERMIT INFORMATION:
1. Existing permit number: WQ0003924 and most recent issuance date: April 7, 2014
2. Existing permit type: Wastewater Irrigation
3. Reason for the permit application: Change of Ownership
4. Has the facility been constructed? ❑ Yes or ❑ No
IV. APPLICANT INFORMATION:
1. Applicant's name
2. Signature authority's name: per 15A NCAC 02T .0106(b) Title:
3. Applicant's mailing address:
City: State: Zip: -
4. Applicant's contact information: Phone number: (_) = Email Address:
5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120:
Has the Applicant or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or G. S. 143-215.613? ❑ Yes or ❑ No
b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑ No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No
d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑ No
e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)'? ❑ Yes or ❑ No
FORM: NDPONC 06-16 Page 1 of 2

Existing Permittee's Certification per 15A NCAC 02T .0106(b):
I, attest that this application for
(Signature Authority's name & title from Application Item L2.)
(Facility name from Application Item IL 1.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an
enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the
Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this
application package are not completed and that if all required supporting information and attachments are not included, this application
package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted of an
environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where
all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual
fees per 15A NCAC 02T .0105(e).
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date:
Applicant's Certification per 15A NCAC 02T .0106(b):
I, attest that this application for
(Signature Authority's name & title from Application Item IV.2.)
(Facility name from Application Item IL 1.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit
into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an
enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the
Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application
package are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental
crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have
been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A
NCAC 02T .0105(e).
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
Date:
FORM: NDPONC 06-16 Page 2 of 2

NORTH CAROLINA
Play COOPER Enrirannrntalgualo
G
MICHAEL S. kEGAN
tea.
LINDA CULPEPPER
Inl "ft Dian Jf
November 19, 2018
PERRY KEISTER
LINCO PARTNERSHIP
5200 OLD HARDING ROAD
NASHVILLE, TENNESSEE 37064
Subject: Application No. WQ0003924
Additional Information Request
National Fruit Product Company —
Lincolnton WWTF
Wastewater Irrigation System
Lincoln County
Dear Mr. Keister:
Division of Water Resources' Central and Regional staff has reviewed the application package
received August 29, 2018. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on December
19, 2018.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through G, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete. Items listed under Section H —
Recommendations are for your consideration, but do not require a response.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with three
copies submitted to my attention at the address below.
North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.3654

Mr. Perry Keister
November 19, 2018
Page 2 of 3
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3659 or [e-mail]. Thank you for your cooperation.
Sincerely,
Erick Saunders, Environmental ngineer
Division of Water Resources
cc: Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Permit Application File WQ0011655
James C. Zombro — NFP Holdings, LLC (Electronic Copy)

Mr. Perry Keister
November 19, 2018
Page 3 of 3
A. Non -Discharge Permit Ownership/Name Chan,_)e t FORM: NDPONC 06-16) Application:
1. The Regional Office has indicated that the facility has been bought from the current permittee NFP
Holdings, LLC by LINCO Partnership. Please have the new owner fill out a NDPONC 06-16 form
attached that includes.
a. A properly executed signature authority designation letter (FORM: NDSDAL 11-17) to
designate Perry Keister signature authority for the permit.
b. The Applicant's Certification signed by the new owner will be in accordance with 15A NCAC
02T .0106(b). In the case of a partnership, it must be signed by a general partner. Alternatively,
a designated signature authority can fill out the Applicant's Certification, provided a NSDAL
11-17 form has been submitted giving them signature authority on the permit.
B. Existing Permit:
1. No comments.
C. Property Ownership Documentation:
1. Provide legal documentation of ownership such as a deed or a written notarized intent to purchase
agreement to show that LINCO Partnership owns or plans to own Parcel #426 on 288 Whitehouse
Drive.
2. Provide a Certificate of Assumed Name filed in the Lincoln County Register of Deeds. This needs
to be stamped by the Register of Deeds office with the deed book and page.
D. Certificate of Public Convenience and Necessity:
1. N/A
E. Operational Agreements:
1. N/A
F. Operation and Maintenance A,_, reement:
1. No comments.
G. Operator with Reasonable Charge (ORC) 115A NCAC 08G .02001:
1. Our records indicate that you don't have a backup ORC. Please contact Beth Buffington of the
Wastewater Operator Certification group at [phone] about this issue.
H. Recommendations: [Response not required]
1. No comments.

Water Resources
ENVIRONMENTAL QUALITY
November 19, 2018
Division of Water Resources
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
To Whom It May Concern:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Permit No. WQ0003924
Signature Authority Designation
National Fruit Product
Company - Lincolnton WWTF
Wastewater Irrigation System
Lincoln County
As an appropriate signing official for (city/town or
business name) as designated by 15A NCAC 2T .0106, I hereby delegate authority to sign and certify all
permit applications, reports or other permit related documents to the following staff for the following
permit types (sewer, spray, land application) and/or permit numbers:
Position
Person
Currently in
Position
Permit Tyne
or Permit
Number
If you have any questions, please contact me at the following:
Permittee/Applicant name (please print):
Title:
Complete mailing address: _
City:
Telephone number: ( )
Sincerely,
signature
State:
Facsimile number: (
Zip:
-----'�'Nothtng Compares-.,,
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332