HomeMy WebLinkAboutWQ0003396_Final Permit_20190723ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
JEFF MCMILLIAN — PLANT MANAGER
ARAUCO NORTH AMERICA, INC.
985 CORINTH ROAD
MONCURE, NORTH CAROLINA 27559
Dear Mr. McMillian:
NORTH CAROLINA
Environmental Quality
July 23, 2019
Subject: Permit No. WQ0003396
Arauco — Moncure WWTF
Wastewater Irrigation System
Chatham County
In accordance with your permit renewal and name change request received February 5, 2019, and
subsequent additional information received April 26, 2019, we are forwarding herewith Permit No.
WQ0003396 dated July 23, 2019, to Arauco North America, Inc. for the continued operation of the subject
wastewater treatment and irrigation facilities.
The following modifications to the subject permit are as follows: The permitted flowrate for this
facility is reduced to 39,525 gallons per day (GPD) due to reduced disposal capacity; the maximum
application rates for the fields are reduced as shown in Attachment B due to the condition of the soil; Field
10 is removed from this permit due to its encroachment on nearby wetlands; the unused treatment units
used for the closed -loop system are being removed from this permit; and the flow in conduit or through the
treatment plant is being measured after Pond 3, prior to irrigation.
The following modification requests could not be satisfied at this time:
➢ The addition of boiler water blowdown from MDF and cooling tower blowdown from
Particleboard into the wastewater stream could not be approved at this time. The chemical
analysis of the proposed waste stream was very high in Calcium, Magnesium, Sodium, Total
Dissolved Solids, and Total Kjeldahl Nitrogen. If Arauco North America, Inc. wishes to add
this stream, a soil scientist will have to evaluate the disposal fields taking these additional
pollutant concentrations into consideration.
➢ The daily average influent flow could not be increased to 120,000 GPD due to the disposal
restrictions at this site. However, the Division did approve Arauco North America, Inc. to
relocate the flow measurement location to after Pond 3, creating more flexibility with their
pump and haul permit.
This permit shall be effective from the date of issuance through July 31, 2025, shall void Permit
No. WQ0003396 issued April 22, 2013, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than February 1, 2025.
North Carolina Department of Environmental Quality I Division of Water Resources
,::. 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Mr. Jeff McMillian
July 23, 2019
Page 2 of 3
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance dated
April 22, 2013:
➢ Old Conditions II.7., II.8., I1.9., II.10., II.11., II1.8., III.17., 111.18., IV.7., and IV.12. — The
reclaimed water utilization facilities have been removed from this permit.
➢ Old Condition IV.3. — Flow will be monitored after Pond 3, prior to irrigation, as specified in
Attachment A of this permit.
➢ Old Condition VI.2. — This permit is not voidable.
➢ Attachment A — PPI 002 and PPI 003 have been removed.
➢ Attachment B — Field 10 has been removed.
The following permit conditions are new since the last permit issuance dated April 22, 2013:
➢ Condition I.1. — This condition requires that the Permittee submit a permit modification within
180 days of permit issuance to establish 2 feet of protection from the 100-year floodplain for
Pond 5.
➢ Condition II.11. — The setbacks listed in this condition have been updated for accuracy.
➢ Condition I11.13. — Requires the Permittee to provide a water -tight seal on all treatment and
storage units in the floodplain, or provide two feet protection from the 100-year flood plain
elevation.
➢ Condition IV.9.b. — Requires date of irrigation equipment calibration to be recorded in the
maintenance log.
➢ Condition VI.10. — States that this permit shall not be renewed if the Permittee or any affiliation
has not paid the required annual fee.
➢ Attachment A — Total Residual Chlorine, Total Nitrogen, and Total Phosphorus have been
added to the effluent monitoring parameters.
➢ Attachment B — Hourly and yearly loading rates have been reduced for the spray irrigation
fields.
➢ Attachment C — Fecal Coliform has been added to the required groundwater monitoring
parameters.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
Mr. Jeff McMillian
July 23, 2019
Page 3 of 3
If you need additional information concerning this permit, please contact Ashley Kabat at (919)
707-3658 or ashler .xaoatAncdenr. oovv.
Sincerely,
,;?Umda Culpepper, Director
"Division of Water Resources
cc: Chatham County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Arauco North America, Inc.
Chatham County
FOR THE
operation of a 39,525 gallon per day (GPD) wastewater treatment and irrigation facility consisting of the:
continued operation of a 126,000 GPD wastewater treatment facility consisting of: a 1,500 gallon calcium
hydroxide mix tank with an agitator and a 3.8 gallon per minute (GPM) metering pump; a 4,000 gallon
scrubber conditioning tank with an agitator and dual 21.3 GPM tank transfer pumps; a 500 gallon screen
water buffer tank with dual 129.6 GPM transfer pumps; a 100,000 gallon screened water tank with an
agitator and dual 119.6 GPM transfer pumps; a 500 gallon overflow tank with dual 4.4 GPM transfer pumps;
a flocculent and coagulant dosing system prior to the screw press; a Huber screw press; a 500 gallon screw
press buffer tank with an agitator and dual 153.6 GPM screw press out feed pump; three 340 gallon storage
tanks and a flocculent, coagulant, and neutralizer dosing system prior to one pipe flocculator; a dissolved
air flotation (DAF) clarifier; a 4,000 gallon sludge tank with a mixer and dual 6 GPM sludge tank transfer
pumps; a flocculent and coagulant dosing system to serve a Huber sludge screw press with a conveyer to
send dewatered and pressed wood chip sludge to the fuel pile; a 500 gallon sludge screw press buffer tank
with an agitator and dual 9 GPM buffer tanks with transfer pumps; a 500 gallon DAF outfeed buffer tank
with dual 188.8 GPM out feed transfer pumps; a 30,000 gallon mill water storage tank; two 87.1 gallon per
minute mill water transfer pumps (#1 and #2); 2 squeeze water screens; a 6,800 gallon squeeze water tank
with an agitator; two 8.2 GPM plug screw flush water pumps; two 32.7 GPM excess squeeze water pumps;
a squeeze water heat exchanger; a 9,000 gallon squeeze water storage tank; two 30.9 GPM squeeze water
pumps; transfer pumps; a 13.52 million -gallon (MG) clay -lined wastewater storage Pond 5 separated by a
dike with a gate valve into Pond 5C used to collect stormwater and Pond 5D used for wastewater collection;
a grit settling Pond 4 to receive wastewater from Pond 5D, plant -site wastewater, and wash -down water; a
grit setting Pond 1; a domestic wastewater package plant consisting of a bar screen, a 7,000 gallon aeration
tank, a 1,167 gallon secondary clarifier, a 1,047 gallon sludge holding tank, dual 36 cubic feet per minute
(CFM) blowers, and a 185 gallon chlorine contact chamber with a chlorine tablet feeder; an aerobic
treatment Pond 2 to receive treated effluent from the package plant in addition to Pond 1 and Pond 4; a
secondary settling Pond 3 to receive wastewater from Pond 2; a 500 gallon per minute (GPM) pump station
to transfer treated effluent from Pond 3 to the spray irrigation fields; a 800 GPM pump station to transfer
treated effluent from pond 3 back to Pond 51); and all associated piping, valves, controls, and
appurtenances; and the
continued operation of a 39,525 GPD wastewater irrigation facility consisting of a 33.85 acre spray
irrigation area with eight 11.5 GPM center -pivot irrigation zones; and all associated piping, valves, controls,
and appurtenances
WQ0003396 Version 3.0 Shell Version 181105 Page 1 of 10
to serve the Arauco — Moncure WWTF, with no discharge of wastes to surface waters, pursuant to the
application received February 5, 2019, subsequent additional information received April 26, 2019, and in
conformity with the Division -approved plans and specifications considered a part of this permit.
This permit shall be effective from the date of issuance through July 31, 2025, shall void Permit No.
WQ0003396 issued April 22, 2013, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. Within 180 days of the effective date of this permit, the Permittee shall submit a permit modification
request to establish 2 feet of protection from the 100-year floodplain for Pond 5. The permit
modification application shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports, c ncdenr.gov. [15A NCAC
02T .0108(b)(1)(B), 02T .0505(m)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than February
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
H. PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [ 15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. 15A NCAC 02T .0108(b)(1)(A)]
6. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
7. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02L .0106(d)(1), 02L .0108]
WQ0003396 Version 3.0 Shell Version 181105 Page 2 of 10
8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC
02L .0107(c)]
9. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [ 15A NCAC 02L .0107]
10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Chatham County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[ 15A NCAC 02L .0107(f)]
11. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were modified August 31, 1995. The setbacks for spray irrigation sites
originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i. Each habitable residence or place of assembly under separate ownership:
4001
ii. Each private or public water supply source:
100
iii. Surface waters:
100
iv. Groundwater lowering ditches:
100
v. Surface water diversions (upslope):
100
vi. Surface water diversions (downslope):
100
vii. Each well with exception of monitoring wells:
100
viii. Each property line:
150 2
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Each water line: 10
xi. Each swimming pool: 100
xii. Public right of way: 50
xiii. Nitrification field: 20
xiv. Each building foundation or basement: 15
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
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b. The storage and treatment units were modified August 31, 1995. The setbacks for storage and
treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are as
follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership (for 4001
facultative lagoons):
ii. Each habitable residence or place of assembly under separate ownership (for 100'
activated sludge plants):
iii. Each private or public water supply source: 100
iv. Surface waters: 50
v. Each well with exception of monitoring wells: 100
vi. Each property line: 50 2
vii. Nitrification field: 20
' Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
III. OPERATION AND MAINTENANCE RE UIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [ 15A NCAC 02T .0507(d)]
8. Only treated effluent from the Arauco — Moncure WWTF shall be irrigated on the sites listed in
Attachment B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)]
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10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0508, 02T .I 100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. The Permittee shall provide a water -tight seal on all treatment and storage units in the floodplain, or
provide two feet protection from the 100-year flood plain elevation. [15A NCAC 02T .0505(m)]
14. Freeboard in Pond 1, Pond 2, Pond 3, Pond 4, Pond 5D, and Pond 5C shall not be less than one foot at
anytime. [15A NCAC 02T .0505(d)]
15. Gauges to monitor waste levels in Pond 4, Pond 5D, and Pond 5C shall be provided. These gauges
shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the
following elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on
top of the dam. [ 15A NCAC 02T .0507(f)]
16. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)]
17. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)]
18. Diversion of stormwater from mill areas into Pond 5 is expressly prohibited. [15A NCAC 02T
.0108(b)(1)(A)]
19. If necessary to maintain the required one -foot freeboard level, wastewater from Pond 5D may be
transferred to Pond 5C via operation of the gate valve on the separator dike. Wastewater temporarily
stored in Pond 5C shall be transferred back to Pond 5D via gravity or pumping and shall comply with
monitoring requirements for PPI 001 listed in Attachment A of this permit prior to irrigation. [15A
NCAC 02T .0108(b)(1)(A)]
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IV. MONITORING AND REPORTING REO UIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records shall
include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., waste level to the lowest embankment elevation) in Pond 1, Pond 2, Pond 3, Pond 4,
Pond 5C, and Pond 5D shall be measured to the nearest inch or tenth of a foot, and recorded weekly.
Weekly freeboard records shall be maintained for five years, and shall be made available to the Division
upon request. [15A NCAC 02T .0108(c)]
7. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV. 6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
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The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells SMW-3, SMW-4, SMW-5, SMW-8, SMW-9, SMW-18R, SMW-19, SMW-20,
SMW-21, and surface water sampling point SCMS shall be sampled at the frequencies and for the
parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms
and monitoring_ data shall refer to the .permit number and the well nomenclature as provided in
Attachment C and Figure 1. [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(m)]
12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for five
years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .0108(c)]
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13. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within
24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Raleigh Regional Office within five days
of first knowledge ofthe occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T
.0507(h), 02T .0507(i)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
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VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the- construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(0)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
WQ0003396 Version 3.0 Shell Version 181105 Page 9 of 10
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[ 15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 231 day of July 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
mda Culpepper, Director
ivision of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003396
WQ0003396 Version 3.0 Shell Version 181105 Page 10 of 10
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F Fire Ponds
Q Monitoring Wells ' h 7,
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Review Boundary � '� � �• �,;�,��vi"�s us
Compliance Boundary_•
Treatment Process Line (approx.) _ 4•
Stormwater Ditch t,
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SOSID: 1238079
Date Filed: 3/27/2019 2:28:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C2019 078 01400
STATE OF GEORGIA
Secretary of State
Corporations Division
313 West Tower
2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
CERTIFICATE OF MERGER
I, Robyn A. Crittenden, the Secretary. of; State' and the .Corporation Commissioner of the State of
Georgia, do hereby issue this certificate,pwsuant to Title' •14 -of-the Official Code of Georgia Annotated
certifying that articles or a certificate'of merger and fees have been'fied•regarding the merger of the below
entities, effective as of 12/3//1/2018..Attached is a true and correct*.
or ecf,copy of the"said filing.
X
Surviving Entity: �� ~ %,'�� 1 r x
.. ri t 1,\
Flakeboard America Limited, a Foreign Profit Corporation�, <<
rl
Nonsurviving Entity/Entities:
ARAUCO PANELS USA, LLC, a Domestic Limited Liability Company �r
WITNESS my.h nd and official seal in the City of Atlanta
and the State 'of Georgia on 12/26/2018.
94 �t'• .
zr
Robyn A. Crittenden
Secretary of State
ARTICLES OF MERGER
OF
ARAUCO.PANELS USAt LLC
Vt►M AND INTO
FLA100ARD ANIVM1CA LIIV=D
December 31, 2018 .
Pursuant .to Section 14-11404 of the Georgia Llttilted -Liability Cot patty Act (the
" _e ), the undersigned does hereby42rdly, as follows:
L
The namts of the merging entities are Arauco Panels USA, LLC, a Georgia limited
liability company (the "Part kj, and Flakeboard America Limited, a Delaware corporation (tha
"SOWAvina Entity").
H.
Pursuant to an Agreement and Plan of Merger (the "Plan of Mertz'"), F will merge
with and into the. Surviving Eritity. The Surviving Entity will'be the survivft -entity in the
Merger.
M.
The Merger shall become effective as of December 31,'2016 at 1 i:S9 p.m. ET.
IV.
As provided far in the Plan of"Merger, the Certificate of incorporation of the Surviving
Entity shall continue as the Certificate of Incorporation of the Surviving Entity.
V.
The Bylaws of the Surviving Entity shall continue in full force and effect.as the bylaws of
the Surviving Entity.
Iml
An executed copy of the -Plan of Merger is on file at the principal place of business of the
Surviving Entity; which is located at 400 Perimeter Center Terrace. Suite 750, Atlanta, Georgia
30346. A copy of the Plan of Merger will be furnished by the Surviving l:ittity, on request and
without cost, to any member or stockholder of either entity that is a party to the Metter.
4921.2ss6.ss".3
VIL
Pursuant to 8WOO 14-11 -OD! of the Code, the Merger has been duly..authodzed and
approved by the mqUisite v6tes of the mp
miar.and sole member of the Pmelsand by the board,
of directors and the stockh6iden of ft'Surviving Entity.
appears 600116whism dl
4921-253"M3
IN WITNESS ViftRBOF. the Surviving Entity has caused them Arddts of Merger to
be Signed by is aud; 10flied officer as of the daft first written above,
FLAIKEBOARD AM9MCA LAUM
By.
Name: CdA
litle.. .
AGREEMENT AND PLAN OF MERGER
OF
ARAUCO PANELS USA, LLC
(a Georgia limited liability company)
WITHAND INTO
FLAKEBOARD AMERICA LIMITED
(a Delaware corporation)
TWS . AGMEMEli1T AND PLAN OF MERGER (&e ",i.0 '.,) is dated as of
December 3 t, . 2018, by and among . Arauco Panels USA, LLC, a Georgle , limited liability
company ("Painels'I, and Irtakebasrd. Attterica Limited, a Delaware corporation ("EW and
together with Parils;'the `Constituent Entities"y.
WITNESSETH:
WHEREAS, upon and subject to the terms and conditions set forth herein, Panels desires
to merge with and into FAL, with PAL as the surviving corporation of such merger (the
"Merlrer" j.
NOW, THEREFORE, in consideration of the premises and the mutual, covenants and
agreements herein contained, the parties do hereby agree as follows:
SECPION 1
THE MERGER, ADDITIONAL ACTIONS
1.1 TheMem£L Upon .the terms and subject to theconditions of this Agreement and
in accordance with applicable laws, at the "Effective Time" (as defined. below); Panels shall be
merged into PAL and the separate existence Of Panels shall thereupon cease. FAL. shall be the
surviving corporation- in the Merger (referred to herein as the "Surviving. fatit1r. The
Surviving Entity shell- have the name "Arauco North America, Inc.."
1.2 E tiva 'line. The Merger shall be effective on December 31, 2016 at 11:59
p.m. ET (the `9ffeciyve TMIN0..
1.3 Effect of Mercer. At the Effective Time, the separate existence of Panels shall
cease, and the Merger will Have the effects set .forth in the Delaware General Corporation Law
and the Georgia Limited Liability {Company Act. Without limiting the foregoing, at -the Effective
Time: title to all teat estate and other property (including intellectual property) owned by Panels
shall be vested in FAL without reversion or impairment; PAL shall have all liabilities of Panels;
and any proceeding pending against Panels may be continued as if the Merger did not occur or
FAL may be substituted in eels proerxding for Panels.
1.4 Cadricate laws.
(a) cenificate of loco ra 'an. The Certificate of incorporation of FAL to
effect immediately prior to the Effective Time of the Merger shall be the Certit"icmte of
Incorporation of the Surviving Entity. Ore Certificate of incorporation of the Surviving Entity
shall be amended by deleting the text of Article 1 in its. entirety and replacing it with the
following: The name of the corporation is Amuco North America, Inc." All other provisions of
the Certificate of Incorporation shall remain unchanged.
(b) Bylim. The bylaws of FAL in effect Immediately prior to the Effective
Time of the Merger shall be the bylaws of the Surviving Entity unless and until amended or
repealed as provided by law, by the Certificate of Incorporation of the Surviving Entity, or by the
bylaws of the Surviving Entity.
1.5 Directors and Officers. The directors and officers of FAL immediately prior to
the Effective Mine of the. Merger shall be the Directors and Officers of the Surviving Entity,
until their successors shall have been elected and shall qualify or until otherwise provided by
law, by the Certificate of incorporation of the Surviving Entity, or by the bylaws of the Surviving
Entity.
1.6 Tbmsfer.Boolcs. At the Effective Time, the interest transfer books of Panels shall
be cloud and no transfer of any interest of the Panels shall thereafter be recorded.
1.7 Further Assurances. If, at any time after the Effective Time of the Merger, the
Surviving Entity shall consider or be advised that any deeds, bills of sale, assignments,
assurances, or any other actions or things are necessary or desirable to vest; perfect'or confirm of
record or otherwise in the Surviving Entity, its right, title or interest in, to or under any of the
rights, properties or assets of Panels acquired or to be acquired by the Surviving Entity, as a
result of, or in connection with, the Merger or to otherwise carry out this Agreement, the officers
and directors of the Surviving Entity snail, and hereby are authorized to, execute and deliver, in
the name and on behalf of the Constituent Entitles or otherwise, all such deeds; bills of sale,
assignments and assurances and to take and do, in the name and on behalf of the Constituent
Entities or otherwise, all such other actions and things as may be necessary or desirable to vest,
perfect or confirm any and all right, title and interest in, to and under such rights, properties or
assets in the Surviving Entity or to otherwise carry out this Agreement.
SECTION 2
TERA+iS OF THE TRANSACTION
2.1 At the Effective Time, by virtue of the Merger and without any action on the part
of the holders thereof, all issued and outstanding membership interests of Panels shall be
surrendered to the Surviving Entity for cancellation and shall not be converted or exchanged in
any manner.
2.2 This Agreement is part of a "plan of reorganization" (as defined in U.S. Treasury
Regulation Section 1.368-2(g)). The parties intend that the transactions contemplated hereby
shall be treated as part of a reorganization that satisfies the requirements of Section 368 (a)(1)(A)
2 asaa zsxt solos j
and, in rite alternative, Section 368 (axl)(A) of the U.S. fraternal Revenue Code of 1986, as
amended.
SEMON 3
MISCELLANEOUS
3..1 l &W: Agree This Agreement constitutes the stale understanding of the
Parties with respect to the subject matter hereof; provided,lowever; that this provision is not
Intended to abrogate any othet written agreement between the parties executed with or after this
Agreement.
3.2 Te?minad Tbis Agreement may be terminated and the Merger.abandoned at
any time prior to making appropriate filings with the Secretary'of .State oft In and the
Secretary of State of D laware by action taken by the respective governing bodies of the
Constituent Entities.
3.3 Countematts. This Agreement may be executed in any.number of counwparts,
each of which sbaif for all Purposes be deemed to be an original and all of which shall constitute
the same instrument,
3.4 Magitits. Tkfe headings of the Sections and' paragraphs of: this Ament are
inserted for conwhienct only and shall not be deemed to constitute pact of this Agreement or to
affect the Construction thereof.
-3.5 C3overnina Law. This Agreement is executed by the parties hereto in and shall be
construed in accordance with artd governed by the laws of tbt State of belawaie without giving
effect to the principlesof connects of law thereof.
(Signatures appear on next page)
3 ae+d xsxs
IN WITNESS WI•tirlWF, each of the Constituent End ties has caused this Agreement to
be executed by its duly authorized officers, as of the date first above written.
FLAKEBOARD AMMCA LIMITED,
a Delaware corporation
By,
Name:
Title:
ARAUCO PANELS USA, LLC,
a Georgia limited liability company
By:
Alamo:
Title:
4
4840 #53340803
Delaware Page 1
The First State
Z. JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THAT THE SAID "FLAKEBOARD AMERICA
LIMITED", FILED A CERTIFICATE OF MERGER, CHANGING ITS NAME TO
"ARAUCO NORTH AMERICA, INC." ON THE THIRTY—FIRST DAY OF
DECEMBER, A.D. 2018, AT 3:54 O'CLOCK P.M.
AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF
THE AFORESAID CERTIFICATE OF MERGER IS THE THIRTY—FIRST DAY OF
DECE MR, A.D. 2018 AT 11:59 O'CLOCK P.M.
4176871 8320
SR# 20190788799
You may verify this certificate online at corp.delaware.gov/authver.shtmi
W3
VRFRY W. diMloaN.S■w■1■ry d Sine
Authentication: 202213801
Date: 02-06-19