HomeMy WebLinkAboutNC0000272_owner (name change)_20240923 (2)ROY COOPER'I�
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ELIZABETH S. BISER
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Secretory ownvi
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Permit Number: NC0000272
1. Facility Name: Blue Ridge Paper Products Inc., Canton, NC
II. NEW OWNERMAME INFORMATION:
1. This request for a name change is a result of:
_X_a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit):
N
3. New owner's or signing official's name and title:
Eric J. Spirtas
Manager
4. Mailing address: 41 Main St. City: Canton
State: NC Zip Code: 28716 Phone: (855) 591-1555
E-mail address:_eric.spirtas(a spirtasworldwide.com
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
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North Carolina Department of Environmental Qualify 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center ; Raleigh, North Carolina 27699-1617
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919.707.9000
Page 2 of 2
Applicant's Certification:
1, Eric J. Spirtas as manager of TQD Utilities LLQ, 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 and attachments are not included, this application
package will be returned as incomplete.
Signature:
Date: /y-
THE COMPLETE0k APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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NORTH CAROLINA
A Department of the Secretary of State
CERTIFICATE OF AUTHORITY
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby
certify that
TBD UTILITIES LLC
having filed on this date an application conforming to the requirements of the General
Statutes of North Carolina, a copy of which is hereto attached, is hereby granted
authority to transact business in the State ofNorth Carolina.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 9th day of September, 2024.
Scan to verify online.
Document Id: C202425000703 Secretary of State
Verify this certificate online at https://www.sosnc.gov/verification
WILLIAM CLARKE
VINCENTD. CHILDRESS, JR.
DAVID L. ENGLISH
KENNETH R. HUNT
DENNIS L. MARTIN, JR.
ANN-PATTON HORNTHAL
PHILLIP T. JACKSON
JAMES W. K. WILDE
MARY ROBINSON HERVIG
JOHN D. NOOR
KATHRYN MAULTSBY MADISON
L. ASHLEY SAVILLE-AMTOWER
SUSAN RUSSO KLEIN
STEVEN W. SIZEMORE
CHARLES E. MCGEE
ROBERTS
&-STEVENS
ATTORNEYS AT LAW
CITY CENTRE BUILDING
301 COLLEGE STREET, SUITE 400 (28801)
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 28802
TELEPHONE (828) 252-6600
FACSIMILE (828) 258-6955
www.roberts-stevens.com
Writer's Direct No.: 8281258-6919
Writer's E-mail: bclarke(:c�,)•oberts-stevens.coin
August 30, 2024
GRACIE K PAULSON
CINDY M. RICE
L. KATHLEEN POTTER HARGROVE
DAVID C. HAWISHER
ABBIE N. HORNBERGER
JORDAN P. BARNETTE
CARLY K. GILLINGHAM
BRYANT G. CROSS
BENJAMIN H. VAN STEINBURGH
DENISE A. LOCKETT
LANDON ROBERTS, FOUNDER (1921-2007)
JOHN S. STEVENS, FOUNDER (1933.2019)
WYATT S. STEVENS (1969.2024)
Sergei Chernikov, Ph.D Via E-mail to sergei.chernikov(a,deg.nagov &
Environmental Engineer III LISPS
Industrial NPDES Permitting
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Re: Transfer- of NPDES Permit NC0000272
Dear Dr. Chernikov:
The purpose of this letter is to notify the Division of Water Resources within the North Carolina
Department of Environmental Quality, pursuant to 40 CFR §122.61 that NPDES Permit NC0000272 is
being transferred to TBD Utilities LLC. We understand that the permit may be automatically transferred
under 40 CFR §122.61(b) if the current permittee provides notice at least 30 days in advance of the
planned transfer and includes a written agreement between the existing and new permittees containing a
specific date for transfer of the permit responsibility, coverage, and liability between them. TBD Utilities
LLC plans to acquire the property from Blue Ridge Paper Products LLC on September 30, 2024. Permit
responsibility will transfer to TBD Utilities LLC on that date. A written agreement between Blue Ridge
Paper Products LLC and TBD Utilities LLC regarding the permit transfer is attached.
We understand that the permit is in the process of being modified. We expect that the modified
permit will be issued prior to September 30 and that the modified permit will be the subject of the transfer
described above, but please let its know if there are any other actions needed to address that consideration.
BC/sh
Enclosure
R&S 3458319_1
Sincerely,
ROBERTS & STEVENS, P.A.
r
William Clarke
Agreement Regarding Transfer of NPDES Permit NC 0000272
This AGREEMENT made this 30th day of August 2024 between TBD Utilities LLC
("TBD") with its principal office and place of business being at 41 Main Street, Canton, NC
28716, and Blue Ridge Paper Products LLC (`Blue Ridge"), a wholly owned subsidiary of
Pactiv Evergreen Group Holdings, Inc.
WHEREAS, Blue Ridge is the permittee under NPDES Permit NC 0000272 ("the
Permit") authorizing the operation of a facility for the treatment and discharge of wastewater
from the Canton Mill, a former pulp and paper facility located in Canton, Haywood County, NC
(the "Wastewater Treatment Plant"); and
WHEREAS, the Permit also authorizes Blue Ridge to accept and treat wastewater from
the Town of Canton pursuant to an Agreement between Champion International and the Town of
Canton first entered into in 1964; and
WHEREAS, TBD is acquiring the property formerly known as the Canton Mill including
the Wastewater Treatment Plant from Blue Ridge; and
WHEREAS, TBD plans to continue operating the Wastewater Treatment Plant and to
treat wastewater collected by the Town of Canton; and
WHEREAS, TBD is willing to accept transfer of the Permit and is willing to assume the
rights, obligations and responsibilities in the Permit.
IT IS NOW THEREFORE AGREED AS FOLLOWS:
1. Effective September 30, 2024, TBD will be solely responsible for the operation,
maintenance and repair of the Wastewater Treatment Plant at the Canton Mill
including the obligation to treat wastewater collected by the Town of Canton.
2. TBD will assume all rights and obligations under the Permit effective, September 30,
2024.
R&s 34583191
3. Effective September 30, 2024, TBD will be solely responsible for compliance with
the terms and conditions of the Permit and any violations of the Permit occurring on
or after September 30, 2024.
4. Effective September 30, 2024, Blue Ridge Paper Products will assign the contract
with the Town of Canton for wastewater treatment to TBD.
In witness whereof, the Parties have set their hands and seals this 30th day of August, 2024.
TBD UTILITIES LLC
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BLUE RIDGE PAPER PRODUCTS LLC
By its Counsel, WilRam Clarke
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William Clarke
R&S 3458319_1