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HomeMy WebLinkAboutNCG020239_Name-Owner Change Approval with COC_20180125_ ROY COOPER Governor '•� MICHAEL S. REGAN Secretary WILLIAM E. TOBY VINSON, JR. Energy, Mineral Interim Director and Land Resources ENVIRONMENTAL QUALITY January 25, 2018 Mr. J. David McKeown Meridian Brick, LLC 5100 Brickyard Road Columbia, S.C. 29203 Subject: NPDES Stormwater Permit NCG020239 Meridian Brick, LLC Formerly Boral Bricks, Inc. ,Rowan County Dear Mr. McKeown: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name'. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources Central Office 1 1612 Mail Service Center I Raleigh, NC 27609 919 707 9200 Sincerely, Original Signed by Robert D. Patterson, P.E. for William E. Toby Vinson, Jr., PE, CPESC, CPM Interim Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office Stormwater Permitting Program Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020239 STORMWATER AND WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Meridian Brick, LLC is hereby authorized to operate approved wastewater treatment system(s) and discharge stormwater and/or wastewater, as approved in the original permit/application or subsequent permit modification, from a facility located at: Panther Creek Mine 895 Black Road Salisbury Rowan County to receiving waters designated as the Yadkin River (High Rock Lake), a class WSIV & B stream in the Yadkin -Pee Dee River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in accordance in Parts I, II, III, and IV of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective January 25, 2018. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 25, 2018. Original Signed by Robert D. Patterson, P.E. for William E. Toby Vinson, Jr., P.E., Interim Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission rNSI.MERI®IAN' BRICK 5100 Brickyard Road Columbia, South Carolina 29203 meridianbrick.com May 1, 2017 Central Files NC DENR Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699 —1617 919-807-6397 ST O`0%ATi -, '11"n-llq'§ Re: Change from Forterra Brick, LLC and Boral Bricks Inc. to Meridian Brick LLC To Whom It May Concern: This package is being sent in order to change the permit holders of the below -listed stormwater permits in North Carolina. As background, on October 28, 2016, Boral Bricks Inc. converted to a limited liability company named Boral Bricks LLC. On April 1, 2017, Boral Bricks LLC and Forterra Brick, LLC merged into Meridian Brick LLC, with Meridian Brick LLC being the surviving entity. Additionally, Meridian Brick LLC is the successor in interest to both Boral Bricks LLC an orterra ntl ck; LSC by operation of law. Additionally, a letter from Paul Samples, CEO for what was Boral Bricks LLC, Forterra Brick, LLC and is now Meridian Brick LLC, is included which grants me, J. David McKeown, signatory authority for any required forms or documents pertaining to this name change that require signature. This change results in the need for us to change the names on the stormwater permits formerly held by both Boral Bricks and Forterra Brick to Meridian Brick LLC. The affected permits are as follows: Nr C\A/ Parmit v! wN_ CQQQT, BE BOL®. BE BRICK: Former Name Forterra Brick, LLC Monroe Plant & Mine Forterra Brick, LLC Anson County Mine Forterra Brick, LLC Howell Mines 1&2 Naini Hama Meridian Brick LLC Monroe Plant & Mine Meridian Brick LLC Anson County Mine Meridian Brick LLC Howell Mines 1&2 N MERI®IAN- BRICK 5100 Brickyard Road Columbia, South Carolina 29203 meridianbrick.com -N CG07007-0" ®r Forterra Brick, LLC Roseboro Plant CG020504 r/ Forterra Brick, LLC Gulf Mine #3 NCG020437 Forterra Brick, LLC ���PP__ Sampson Mine II �Q Q7_QT67� Com, oral Bricks Inc. Salisbury Plant NCG020242 r NCG020241 NCG020239 Boral Bricks Inc. Gold Hill Mine Boral Bricks Inc. Thomas Mine Boral Bricks Inc. Panther Creek Mine Meridian Brick LLC Roseboro Plant Meridian Brick LLC Gulf Mine #3 Meridian Brick LLC Sampson Mine II Meridian Brick LLC Salisbury Plant Meridian Brick LLC Gold Hill Mine Meridian Brick LLC Thomas Mine Meridian Brick LLC Panther Creek Mine Thank you for your assistance with this matter and if you require any additional information, please do not hesitate to contact me at 803-691-3121. Sincerely, J. David McKeown BE BOL®. BE BRICK: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE M I. CURRENT PERMIT INFORMATION �,f �! 1. Stormwater Management Permit Number: NCG020239 2. Project Name: Boral Bricks Inc - Panther Creek Mine -3. Current Permit Holder's Company Name/Organization: 4. Signing Official's Name: Archie Barron 5. Mailing Address: 700 South Long Street City: Salisbury 6. Phone:7( 04 ) 630-4246 D U EA „- Boral Bricks Inc lc:R Title: Plant Manager State: NC Zip: 28039 Fax:( 04 ) 636-7865 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) 0 Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) 'Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Meridian Brick LLC 2. Proposed permittee's signing official's name: J. David McKeown 3. Proposed permittee's title: Corporate Environmental Manager 4. Mailing Address: 5100 Brickyard Road City: Columbia Phone: 803 691-3121 5. New Project Name to be placed on permit: State: SC Zip: 29203 Fax: ( 803 ) 786-9703 Meridian Brick LLC - Panther Creek Mine Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HDA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) © The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 i III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1.. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement. ® Check here if the current permittee iso y changing his/her/its name, the project name, or mailing address, but will retain the permit. I,-II>=Lq��— , the current t I permittee, hereby notify the DWQ thaarp changing my name and/or I am changing my mailing address and/or I am changing the name o the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, , the current permittee, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 2 of 4 l V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, , hereby notify the DWQ that I have acquired through .sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) H the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement ❑past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and -maintain the system pursuant to the requirements listed in the permit and in the " operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: ,County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: _ Mailing Address: City: Phone: State: (if different from street address) State: Fax: a Zip: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4