Loading...
HomeMy WebLinkAboutNC0000272_owner (name change)_20240923 (2)ROY COOPER'I� Governor\ ELIZABETH S. BISER µF� ttz nX 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] Q� 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 fyr xa o-�r:N;ni sw^ tbpY1TM1( of EnYlromMnlA pualfiy 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 zcl� 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 -. t*. I c j, sP/ 2wno--t ')Cw'-r . M hx)C'ez� BLUE RIDGE PAPER PRODUCTS LLC By its Counsel, WilRam Clarke uj�' William Clarke R&S 3458319_1