HomeMy WebLinkAboutNCG030293_COMPLETE FILE - HISTORICAL_20171127STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
Iv
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ o�� � � Il a 17
YYYYMMDD
NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact Rebecca Israel
First Ml Lest
EHS Lead
Title
1710 Airport Road
Mailing Address
Monroe NC 28110
City state zip
(704)289-6511 reheccaLismel@acolfaxfluidbandling,Cr+"
Phone limail Address
,V Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
® Yes
❑ No (please explain)
V1.Required Iteos: TINS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR 1VIISSING:
DQ This completed application. is required for both name change and/or ownership change
requests.
�[ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is rewired for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below roust be completed and signed by both the permit holder prior to the cbange, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PE)RIVIITTEE CERTIFICATION (Permit holder prior to ownership change):
L Chris Busenb 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 is not included, this application
ge 1 be returned as complete.
Signature Date
APPLICANT CERTIFICATION
I, Perry Hawkins, 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 is not included, this application
package will be return as incomplete.
November 14, 2017
Signature Rate
PLEASE SEND THE COMrLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Laud Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2a14
Division of Energy, Mineral & Land Resources
Land Quality Secdon/Stormwater Permitting
NCDENR
National Pollutant Discharge Elimination System
='
PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE -ONLY
Rate Received
Year
Manth
n
I. Please enter the permit number for which the change is requested-
NPDES Permit (or) Certificate of Coverage
3 0 0 0 0 0 13 10 2 9 3
II, Permit status prior to requested change.
a. Permit issued to (company name): Imo Industries Inc - Imo Pump
b. Person legally responsible for permit: Chris _ Busenbark
First Ml Last
Plant Manager_
Title
..vlr n 1710 Airport Road
vL.WPermit Holder Mailing Address
Monroe NC 28110
Ing
�OV 2 7 city state Zip
(704)289-6511
flA� � ��� Phone Fax
c. Facility name (discbarg6g Imo_ Industries Inc - Imo Pump
d. Facility address: 1710 Airport Road
Address
Monroe NC 28110
city state Zip
e. Facility contact person: Rebecca Israel (704) 289-6511
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of ® Change in ownership of the facility
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
d. Facility name (discharge):
e. Facility address:
CIRCOR Pins North America, LLC
Chris Busenbark
First MI Last
Plant Manager.
Title
1710 ort Road
Permit Holder Mailing Address
Monroe NC 28110
City State Zip
(704) 289-6511 chris.busenbarknacolfaxfluidhandling.com
Phone E-mail Address
CIRCOR Pumps North America, LLC
1710 Aimort Road VZ
Address
Monroe NC 28110
city state Zip
f Facility contact person: Rebecca Israel
First MI Last
(704) 289-6511 rebecca.Israel@colfax#luidhandling.com
Phone E-mail Address
N. Permit contact information (if different from the person legally responsible for the permit)
Revised Jan. 27, 2OU
C LFRX
Fluid Handling
November 17, 2017
CERTIFIED MAIL - RETURN RECEIPT
Division of Energy Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Re: Notification of Transfer of Ownership
Imo Industries Inc.
NPDES Permit NCS030000
Certificate of Coverage NCG030293
To Whom It May Concern:
Colfax Fluid Handling
1710 Airport Road
PO Box 5020
Monroe, NC 28110 USA
Tel: 704.289.6511
www.colfaxfluidhandling.com
RECEIVED
9 07 2017
Imo Industries Inc. is currently covered for stormwater discharges under General Permit
NCG030000, certificate of coverage NCG030293 for the facility located at 1710 Airport Road in
Monroe, North Carolina 28110 (the "Facility"). Pursuant to a Purchase Agreement by and
between Colfax Corporation and CIRCOR International, Inc., the ownership of the Facility will
change from Imo Industries Inc. to CIRCOR Pumps North America, LLC.
The parties are working to close the transaction on or about November 26, 2017, subject to the
satisfaction of certain closing conditions. If the closing date changes, we will notify you as soon as
practicable.
Enclosed please find the executed Name/Ownership Change Form to reflect the change in the
stormwater permit coverage to CIRCOR Pumps North America, LLC. Relevant pages of the
purchase agreement are also attached; please note that the transfer of the Facility will take place
pursuant to Section 1.2, as the Facility will be an Acquired FH Asset.
Please contact me if you have any questions. Thank you for your attention to this matter.
Sincerel
Chris Busenbark
Plant Manager
ALLWEILER® CLARUSD COT-PURITECH® HOUTTUIN- IMO® L5C8 ROSSCOR® SICELUBO TUSHACO® WARREN& ZENITH®
EXECUTION VERSION
RECEIVED
NOV 2 7 2011
� �
8TM
PURCHASE AGREEMENT
by and between
COLFAX CORPORATION
and
CIRCOR INTERNATIONAL, INC.
Dated as of September 24, 2017
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I
TABLE OF CONTENTS
Page
ARTICLE I PURCHASE.AND SALE; ASSUMPTION OF LIABILITIES .................................. I
Section 1:'l' - Purchase and Sale of the FH Shares............................................................I
Section 1.2 , Purchase and Sale of the Acquired FH Assets.............................................2
Section 1.3 Assumption of Assumed Liabilities; Retention of Retained
i. Liabilities.....................................................................................................2
ARTICLE II PURCHASE PRICE; CLOSING ....................... ................2
Section2.1 Purchase Price..............................................................................................2
Section2.2 The Closing....................................•...................................----------------..........2
Section 2.3 Purchase Price Adjustment ........................... ............................5
Section 2.4 Allocation of Purchase Price........................................................................7
Section 2.5 Adjustments to Buyer Stock Consideration.................................................8
ARTICLE III REPRESENTATIONS AND WARRANTIES OF SELLER..................................18
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9
Section 3.10
Section 3.11
Section 3.12
Section 3.13
Section 3.14
Section 3.15
Section 3.16
Section 3.17
Section 3.18
Section 3.19
Section 3.20
Section 3.21
Section 3.22
Section 3.23
Section 3.24
Section 3.25
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Organization, Etc.........................................................................................8
Authority Relative to this Agreement, Etc ...............
Capitalization...............................................................•.............................10
Consents and Approvals; No Violations....................................................I
I
Financial Statements..................................................................................12
Absence of Certain Changes......................................................................13
Compliance with Law, Permits...............•------............................................13
Undisclosed Liabilities...............................................................................14
Litigation....................................................................................................14
Taxes..........................................................................................................14
Employee Benefit Plans.............................................................................16
LaborMatters.............................................................................................18
Environmental Matters........................................•.-----................................19
RealProperty.............................................................................................20
Intellectual Property...................................................................................21
Assets.....-•-----------------------•-•..............................----------................................22
Brokers and Finders ......................................................
................22
Contracts.....................................•------............................................-----------.23
Insurance....................................................................................................25
Customers..................................................................................................25
Government Contracts...............................................................................25
Anti -Bribery Laws.........................................................•...........................27
Export Control and Economic Sanctions...................................................27
Absence of Claims; Business Relationships With Affiliates
.....................28
Private Placement Matters.........................................................................28
Section 3-26 No Additional Representations; No Reliance............................................29
Section 3.27 No Other Representations or Warranties...................................................30
ARTICLE IV REPRESENTATIONS AND WARRANTIES OF BUYER..................................31
Section 4.1
Corporate Organization and Standing........................................................31
Section 4.2
Authority Relative to this Agreement, Etc.................................................31
Section 4.3
Capitalization...................................----..........................------......................32
Section 4.4
Consents and Approvals; No Violations....................................................33
Section 4.5
Brokers and Finders...................................................................................34
Section4.6
Financing....................................................................................................34
Section 4.7
Securities Act.............................................................................................35
Section4.8
Solvency.............................................................................
.........35
Section 4.9
Investigations; Litigation..................................................................
...36
Section 4.10
Investigation by Buyer...............................................................................36
Section 4.11
SEC Reports; Financial Statements...........................................................36
Section 4.12
Listing and Maintenance Requirements.....................................................37
Section 4.13
Compliance with Laws; Buyer Permits ....................
..38
Section 4.14
Export Control and Economic Sanctions...................................................38
Section4.15
Buyer Plans...............................................••---.....................-----..................38
Section4.16
Taxes ..........................................................................................................
39
Section 4.17
No Additional Representations; No Reliance............................................40
Section 4.18
No Other Representations or Warranties...................................................41
ARTICLE V COVENANTS ...................................
...........................................41
Section 5.1 Conduct of Business by Seller .....................................................
Section 5.2 Access to Information..................................................................
Section 5.3 Certain Governmental Approvals ................................................
Section 5.4 Further Assurances.......................................................................
Section 5.5 Intercompany Accounts and Arrangements .................................
Section 5.6 Provision of Corporate Records ...................................................
Section 5.7 Retained Names...........................................................................
Section 5.8 Guarantees....................................................................................
Section 5.9 Post -Closing Access to Information ............................................
Section 5.10 Production of Witnesses and Individuals .....................................
Section 5.11 Retention of Records....................................................................
Section 5.12 Confidentiality .............................................................................
Section 5.13 Non -Competition; Non -Solicitation ............................................
Section 5.14 Mail and Other Communications; Accounts ................. :..............
Section 5.15 Transfer of Excluded Assets; Restructuring ................................
Section 5.16 Obligations Regarding Non -Assignable Assets and Delayed FH
Assets...........................................................................................
Section 5.17 Obligations Regarding Delayed Companies ................................
Section 5.18 Directors and Officers..................................................................
Section 5.19 Buyer's Financing Activities.......................................................
u
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............41
--..........45
..45
............48
............48
............49
............51
............53
............54
............54
---.........55
............55
--..........57
...----.....58
............59
Section 5.20 Conflicts; Privileges...................................................................................70
Section 5.21 Local Purchase Agreements; Transition Services Agreement...................70
Section 5.22 Specibed Litigation....................................................................................71
Section 5.23 Insurance....................................................................................................71
Section 5.24 Later Discovered Assets............................................................................72
Section 5.25 Financial Statements and Financial Reporting Matters .............................72
Section 5.26 Exclusivity .................................................................................. .74
..............
Section 5.27 Transaction Confidentiality Agreements...................................................74
Section 5.28 Conduct of Business by Buyer...................................................................75
Section 5.29 Termination and Settlement of DPLP Agreement.....................................76
Section 5.30 Obligations Regarding Employee Matters.................................................77
ARTICLE VI EMPLOYEE MATTERS.......................................................................................78
Section 6.1
Transferred Employees .................................... ........................78
Section 6.2
Terms and Conditions; Compensation and Benefits..................................79
Section 6.3
Treatment of Seller Pension Plans.............................................................80
Section 6.4
Treatment of 401(k) Plan Accounts...........................................................81
Section 6.5
Treatment of Flexible Spending Accounts................................................81
Section 6.6
Treatment of Accrued Leave.....................................................................82
Section 6.7
Labor Consultations...................................................................................82
Section6.8
WARN Act.................................................................................................82
Section6.9
Cooperation................................................................................................83
Section 6.10
No Third Party Beneficiaries.....................................................................83
ARTICLE VII TAX MATTERS...................................................................................................84
Section 7.1
Straddle Periods.........................................................................................84
Section 7.2
Tax Returns................................................................................................84
Section 7.3
Contest Provisions.....................................................................................86
Section 7.4
Transfer Taxes...........................................................................................87
Section 7.5
Certain Post -Closing Settlement Payments and Post -Closing
Actions.......................................................................................................87
Section 7.6
Mutual Cooperation...................................................................................88
Section 7.7
Maintenance of Books and Records..........................................................89
Section 7.8
Section 338(g) Election and related Matters..............................................89
Section 7.9
Section 338(h)(10) Election ...........................
Section7.10
VAT...........................................................................................................90
Section 7.11
Withholding Taxes.....................................................................................90
Section 7.12
Miscellaneous...........................................................................................90
ARTICLE VIII CONDITIONS TO THE SALE ..............................
....................91
Section 8.1 Mutual Conditions.....................................................................................91
Section 8.2 Conditions to the Obligations of Seller to Effect the Sale.........................91
Section 8.3 Conditions to the Obligations of Buyer to Effect the Sale.........................92
iii
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f
ARTICLE IX TERMINATION AND ABANDONMENT; INDEMNIFICATION .....................93
Section 9.1 Termination................................................................................................93
Section 9.2 Procedure and Effect of Termination.........................................................95
Section 9.3 Survival of Representations, Warranties and Covenants ...........................96
Section 9.4 Indemnification..........................................................................................97
ARTICLE X MISCELLANEOUS..............................................................................................104
Section 10.1
Amendment and Modifications................................................................104
Section 10.2
Extension; Waiver....................................................................................104
Section 10.3
Entire Agreement; Assignment................................................................104
Section 10.4
Validity....................................................................................................105
Section10.5
Notices.....................................................................................................105
Section 10.6
Governing Law........................................................................................106
Section 10.7
Specific Performance...............................................................................106
Section10.8
Publicity...................................................................................................107
Section 10.9
Jurisdiction; Forum, Etc...........................................................................107
Section 10.10
Descriptive Headings ........................
Section 10.11
Counterparts.............................................................................................108
Section10.12
Expenses..................................................................................................108
Section 10.13
Construction.............................................................................................109
Section 10.14
Parties in Interest......................................................................................109
Section 10.15
Interpretation............................................................................................109
Section 10.16
Disclosure Letters....................................................................................110
Section 10.17
No Recourse to Financing Sources..........................................................110
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iv
PURCHASE AGREEMENT
PURCHASE AGREEMENT (this "A eement"), dated as of September 24, 2017, by and
between Colfax Corporation, a Delaware corporation ("Seller"), and CIRCOR International, Inc.,
a Delaware corporation ("Buyer"). Except as otherwise indicated, capitalized terms used but not
defined herein shall have the meanings set forth in Annex A of this Agreement.
WHEREAS, in addition to its other businesses, Seller is engaged through certain of its
subsidiaries in the FH Business;
WHEREAS, the parties hereto desire that the FH Share Sellers sell, convey, assign,
transfer and deliver to Buyer, and that Buyer purchase, acquire and accept from the FH Share
Sellers, all right, title and interest of the FH Share Sellers in and to the FH Shares, in the manner
and subject to the terms and conditions set forth herein and in the Local Purchase Agreements, as
applicable;
WHEREAS, the parties hereto desire that the FH Asset Sellers sell, convey, assign,
transfer, deliver to Buyer, and that Buyer purchase, acquire, accept from the FH Asset Sellers, all
right, title and interest of the FH Asset Sellers in and to the Acquired FH Assets, in the manner
and subject to the terms and conditions set forth herein and in the Local Purchase Agreements, as
applicable;
WHEREAS, the parties hereto desire that Buyer assume the Assumed Liabilities in the
manner and subject to the terms and conditions set forth herein and in the Local Purchase
Agreements, as applicable;
WHEREAS, certain FH Share Sellers, the FH Asset Sellers and Buyer prior to the
Closing will execute Local Purchase Agreements;
WHEREAS, at or prior to the Closing, Seller (and one or more of its Subsidiaries) and
Buyer will enter into the Transition Services Agreement; and
WHEREAS, the respective Boards of Directors of Seller and Buyer have approved this
Agreement, the Local Purchase Agreements, the Transition Services Agreement and the
consummation of the transactions contemplated hereby and thereby;
NOW, THEREFORE, in consideration of the foregoing and the mutual representations,
warranties, covenants and agreements herein contained, the parties hereto hereby agree as
follows:
ARTICLE I
PURCHASE AND SALE; ASSUMPTION OF LIABILITIES
Section 1.1 Purchase and Sale of the FH Shares. Upon the terms and subject to
the conditions of this Agreement, on the Closing Date:
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II
(a) subject to Section 5-16, Seller shall cause the FH Share Sellers to sell,
convey, assign, transfer and deliver to (or as directed by) Buyer, and Buyer shall purchase,
acquire and accept (or cause to be purchased, acquired and accepted) from the FH Share Sellers,
all right, title and interest of the FH Share Sellers in and to the shares of capital stock (the "FH
Shares") of each of the Transferred FH Companies, free and clear of all Encumbrances other
than Permitted Encumbrances; and
(b) notwithstanding any of the foregoing, to the extent it is contemplated by
this Agreement that any FH Shares are to be sold, conveyed, assigned, transferred or delivered to
Buyer pursuant to a Local Purchase Agreement, such FH Shares shall be sold, conveyed,
assigned, transferred or delivered to Buyer pursuant to such Local Purchase Agreement.
Section 1.2 Purchase and Sale of the Acquired FH Assets. Upon the terms and
subject to the conditions of this Agreement, on the Closing Date Seiler shall cause the FH
Asset Sellers to, sell, convey, assign, transfer and deliver to (or as directed by) Buyer, and
Buyer shall purchase, acquire and accept (or cause to be purchased, acquired and accepted)
from the FH Asset Sellers, all of the FH Asset Sellers' right, title and interest in and to the
Acquired FH Assets, free and clear of all Encumbrances other than Permitted
Encumbrances.
Section 1.3 Assumption of Assumed Liabilities,• Retention of Retained Liabilities.
Upon the terms and subject to the conditions of this Agreement, on the Closing Date, (a)
Buyer shall assume the Assumed Liabilities (other than Assumed Liabilities that are
Liabilities solely of the Transferred FH Companies or their Closing Subsidiaries) and (b)
Seller, the applicable FH Share Seller or one of its Affiliates shall assume all Retained
Liabilities of any Transferred FH Companies or their Closing Subsidiaries.
ARTICLE II
PURCHASE PRICE; CLOSING
Section 2.1 Purchase Price. Upon the terms and subject to the conditions of this
Agreement, on the Closing Date, in consideration for the sale of the FH Shares and the
Acquired FH Assets (collectively, the "Sale"), Buyer shall pay to Seller (or one or more
Subsidiaries designated by Seller) the Preliminary Purchase Price, subject to adjustment
pursuant to Section 2.3(a), and shall assume the Assumed Liabilities (other than Assumed
Liabilities that are Liabilities solely of the Transferred FH Companies or their Closing
Subsidiaries).
Section 2.2 The Closin>;.
(a) The closing of the Sale (the "Closing") shall, subject to the satisfaction or
waiver of the conditions set forth in Article VIII, be held at the offices of Skadden, Arps, Slate,
Meagher & Flom LLP at Four Times Square, New York, New York (or such other place or
places as the parties may mutually agree), (A) on the third Business Day after all the conditions
precedent set forth in Article VIII are satisfied or waived (other than those conditions that, by
their nature, are to be satisfied at the Closing(provided such conditions would be so satisfied)) or
2
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
COLF ORATION
By:
Nam aniel A. Pryor
Title: Executive Vice President,
Strategy and Business Development
CIRCOR INTERNATIONAL, INC.
EIn
Name:
Title:
[Signature Page to Purchase Agreement]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
COLFAX CORPORATION
By:
Name:
Title:
CIRCOR INTERNATIONAL, INC.
By: Name: srafF- buctc.�a� I
Title: G c o
[Signature Page 10 Purchase.4greemenl]
ANNEX A
DEFINITIONS
For purposes of this Agreement, the following terms, when used in this Agreement, shall
have the meanings assigned to them in this Amex A.
"2014 Audited Financial Statements" shall have the meaning set forth in Section
5.25 a i .
"Accounting Firm" shall have the meaning set forth in Section 2.3 b ii .
"Accounting_ Period Start Date" has the meaning set forth in Section 2.2(a).
"Acquired FH Assets" shall mean all FH Assets (other than any FH Shares or any shares
of capital stock or other equity securities of any Closing Subsidiary) not held by a Transferred
FH Company or Closing Subsidiary as of the Closing, including the assets set forth in Section
of the Seller's Disclosure Letter.
"Acquisition Transaction" means any merger, liquidation, recapitalization, consolidation
or other business combination relating primarily to the FH Business, the Acquired FH Assets or
the FH Assets or any Transferred FH Companies or their respective Closing Subsidiaries or the
direct acquisition of any capital stock or other securities of any Transferred FH Companies or
their respective Closing Subsidiaries, or any material portion of the FH Assets, or any
combination of the foregoing (excluding the transactions contemplated hereby); provided,
however, that Acquisition Transaction shall not include any merger, liquidation, recapitalization,
consolidation involving Seller, or any of its assets or Subsidiaries other than the Acquired FH
Assets or the FH Assets.
"Action" shall mean any action, claim, suit, arbitration, subpoena, discovery request,
proceeding or investigation by or before any court or grand jury, any Governmental Authority or
arbitration tribunal.
"Affiliate" shall mean, with respect to any specified Person, a Person that, directly or
indirectly, through one or more intermediaries, controls, or is controlled by, or is under common
control with, such specified Person. For purposes of this definition, "control", when used with
respect to any specified Person, means the power to direct the management and policies of such
Person, directly or indirectly, whether through ownership of voting securities, by Contract or
otherwise; and the terms "controlling" and "controlled" have meanings correlative to the
foregoing. For purposes of this Agreement, (a) the Transferred FH Companies and their
respective Closing Subsidiaries shall be deemed to be (i) Affiliates of Seller (but not Buyer) with
respect to the period prior to and as of the Closing and (ii) Affiliates of Buyer (but not Seller)
with respect to the period following the Closing, and (b) Seller and its Subsidiaries, on the one
hand, shall not be deemed to be Affiliates of Buyer or its Subsidiaries, on the other hand.
"Affiliated Group" shall mean a group of entities with which any Transferred FH
Company or Closing Subsidiary has filed (or was required to file) consolidated, combined,
unitary or similar Tax Returns.
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Letter after the date hereof in accordance with Section 5.15 (provided that any entities included
on such amended Exhibit are Wholly Owned Subsidiaries of Seller).
"FH Assets" shall mean all right, title and interest, as of immediately prior to Closing, of
Seller or any of its Affiliates in all Assets primarily or exclusively used or primarily or
exclusively held for use in connection with the FH Business (excluding the Excluded Assets
except to the extent specifically included pursuant to one or more of the clauses below in this
definition), including:
(i) the Owned Real Property;
(ii) Leases, including the right to prepaid rent and to all security deposits and
other amounts and instruments deposited by, on behalf of, or for the benefit of, the Transferred
FH Companies and their Closing Subsidiaries thereunder, to the extent not theretofore applied
under the Leases;
(iii) all Equipment (and leases thereof) primarily or exclusively used or
primarily or exclusively held for use in connection with the FH Business;
(iv) the FH inventories;
(v) the Intellectual Property set forth on Section A(4) of the Seller's
Disclosure Letter or that relates exclusively to the FH Business, other than Retained Names (the
"FH IP");
(vi) all Contracts to which Seller or any of its Subsidiaries is a party or by
which any of the FH Assets is subject, in each case that relate primarily or exclusively to or are
used primarily or exclusively in connection with the FH Business (other than (A) any of the
foregoing constituting an IP Contract or relating to the Excluded Assets, (B) the Leases and (C)
leases with respect to the Equipment);
(vii) all Permits relating primarily or exclusively to the FH Business;
(viii) all Transferred FH Books and Records;
(ix) all Transferred IP Contracts;
(x) the intercompany receivables, as of the Closing, for amounts due and
owing solely among or between any of the Transferred FH Companies and their Closing
Subsidiaries;
(xi) any rights and claims of Seller under any confidentiality agreement, to the
extent related to the FH Business, entered into by Seller with third Persons regarding the Sale
Process;
(xii) the FH IT Assets;
Annex A — Page 11
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Pickle, Ken
From: Reichert, Jason [Jason. Reichert@colfaxfluidhandling.com]
Sent: Wednesday, April 02, 2014 3:15 PM
To: Hood, Donna
Cc: Pickle, Ken; Reichert; Jason
Subject: RE: Ownership Change-Forii�INCGU30293
Donna,
I just called and left you a voicemail on your phone. After speaking with our legal department, the true legal name of the
operations in Monroe is Imo Industries, Inc. Imo Industries is one of the original companies that existed when Colfax
Fluid Handling was formed, so the legal entity was never dissolved or reassigned. The Colfax Fluid Handling label is used
as a marketing tool for the company to consolidate several of its separate business units and legal entities, yet each unit
retains its own legal standing and operating name.
So that being said, I still think it would be best if we updated the contact information associated with the permit: I can_— i
complete this info.and-submit1t-for an.update..j w
Please advise your thoughts or feel free to call me and we can discuss.
Thanks,
Jason Reichert
Director, Global Environmental, Health & Safety
1710 Airport Road
Monroe, North Carolina 28110
USA
Mob: 704.689.1742
Direct: 704.289.6511 x-102639
Colfax Fluid Handling
www.coltpxcort).com
From: Hood, Donna f_mailto:donna.hood@ncdenr.govl
Sent: Tuesday, April 01, 2014 3:48 PM
To: Reichert, Jason
Cc: Pickle, Ken
Subject: Ownership Change Form/NCG030293
Hi Jason,
I enjoyed talking with you today and want to thank you for your assistance. As we discussed on the phone, I visited the
site and could not find IMO Industries. You informed me that although Colfax bought out IMO Industries, the industrial
activity on site had not changed. Colfax has in fact been submitting stormwater sampling information under the IMO
Industries permit number-NCG030293. Due to the ownership change, we need you to submit an ownership change
form. (See attached).
I have copied Ken Pickle in the Central Office on this email. If you have any questions, do not hesitate to contact Ken or
me.
Thank You,
Donna Hood
Donna Hood - Donna.Hood@ncdenr.gov
North Carolina Dept. of Environment & Natural Resources
610 E. Center Ave.
Mooresville, NC 28115
Ph:704.663.1699 Fax:704.663.6040
Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed
to third parties unless the content is exempt by statute or other regulation
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
December 4, 2012
Donald Mingos
Imo Industries Inc
PO Box 5020
Monroe, NC 28111
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Imo Industries Inc- Imo Pump
COC Number NCG030293
Union County
Dear Permittee:
In response to your renewal application for continued coverage under stormwater General Permit NCG030000
the Division of Water Quality (DWQ)'is forwarding herewith the reissued General Permit. This permit is
reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October
15, 2007 (or as subsequently amended).
The following information is included with your permit package:
• A new Certificate of Coverage (COC)
• A copy of General Permit NCG030000
• A copy of the Technical Bulletin for the General Permit
• Two copies of the Discharge Monitoring Report (DMR) Form
• Two copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater, and it specifies your obligations for discharge
controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself
with all the changes in the reissued permit. Your facility has six (6) months from the time of receipt of the
permit to update your current SPPP to reflect all new permit requirements.
The first sample period of your permit begins January 1, 2013. Your facility must sample a "measureable
storm event" beginning during the periods beginning January 1 and July 1 of every year (or, if applicable,
report "No Flow," as outlined in Part III, Section E). Also, please note that Tier 3 Actions in Part it of your
permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this
permit and do not count prior exceedances.
The more significant changes in the General Permit since your last COC was issued are noted either in the
Draft Permit Fact Sheet that accompanied the public notice (http://portal.ncdenr.ora/web/wq/ws/su/current-
notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are
posted on the Stormwater Permitting Unit's website with the new General Permit. Please visit
http://portal.ncdenr.ore/web/wq/ws/su/nodessw (click on 'General Permits' tab) to review that information
for your specific General Permit carefully.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: L 19407.6492
in'smet: www.nmateraualit,.arg
Ai Sgi,al OpwrtundylAtfirmabvc .c5on Emproyet
NOorthCalrolina
Natyratlry
Donald Mingos
December 4, 2012
Page 2 of 2
Some of the changes include:
Part II:
• Section A: The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated
to the most current language of our permits. Additional conditions for specific industry sectors have
been added to the SPPP requirements in some cases.
• Sections B, C: Failure to perform analytical Stormwater monitoring may result in the Division requiring
that the permittee begin a monthly sampling scheme.
• Sections B, C: A lower TSS benchmark of 50 mg/I for HQW, ORW, PNA and Tr Waters applies to these
more sensitive waters.
• Sections B, C. The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter
Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas, and in some cases, other
analytical monitoring requirements.
• Sections B, C, D: Inability to sample due to adverse weather must be recorded in the SPPP, or in
separate on -site records if your General Permit does not require an SPPP. Adverse weather is defined
in the "Definitions" section of the permit:
• Sections B, C. The term "Representative Storm Event" has been replaced by "Measurable Storm
Event." A measurable storm event is defined in the permit.
• Section D: If the permittee fails to respond effectively to problems identified by qualitative
monitoring, DWQ may require the permittee to perform corrective action.
Please review Parts III and IV to understand the Standard Conditions of your new NPDES General Permit,
including Compliance and Liability, Reporting, Monitoring and Records requirements; Operation and
Maintenance obligations; and Definitions. Please note that all samples analyzed in accordance with the terms
of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on
the Stormwater Permitting Unit's website above. DMR forms must be delivered to the Division no later than
30 days from the date the facility receives the sampling results from the laboratory. Also note that existing
permittees do not need to submit a renewal request prior to expiration unless directed by the Division.
Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit
does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it
relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law,
rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit
package, please contact the Division's Stormwater Permitting Unit at (919) 807-6300.
Sincerely,
for Charles Wakild, P.E.
cc: DWQ Central Files
Stormwater Permitting Unit Files
Mooresville Regional Office
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCG030293
STORMWATER
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,
Imo Industries Inc
is hereby authorized to discharge stormwater from a facility located at:
Imo Industries Inc- Imo Pump
1710 Airport Rd
Monroe
Union County
to receiving waters designated as Dry Fork, a class C waterbody in the Yadkin River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, I1,11I, and IV of General Permit No. NCG030000 as attached.
This certificate of coverage shall become effective December 4, 2012.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 4th day of December, 2012.
15�-e rap -
far Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 21, 2010
Eric Thomas
Imo Industries, Inc.
PO Box 5020
Monroe, NC 28111
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Into Industries Inc, Imo Pump
COC Number NCG030293
Union County
Dear Permittee:
In response to your renewal application for continued coverage under the Stormwater General Permit the Division of
Water Quality (DWQ) .is forwarding herewith the reissued Certificate of Coverage and stormwater General Permit.
This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency,
dated October 15, 2007 (or as subsequently amended.)
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of the stormwater General Permit
• A copy of a Technical Bulletin for the General Permit
• Five copies of the Discharge Monitoring Report (DMR) Form
• Five copies of the Annual Discharge Monitoring Report Form (if applicable)
• Five copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to
stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to
familiarize yourself with all the changes in the reissued permit. The significant changes made are outlined in the
Technical Bulletin, which is attached.
Your coverage under the General Permit is transferable only through the specific action of DWQ.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919-807-M I FAX: 919-807-64941 Customer Service:1-877-623-6748
Internet www.nmaterquality.org
An Equal opportunity L Affirmative Action Employer
Nne
orthCarolina
Naturally
This permit does not affect the legal requirements to obtain other pen -nits which may be required by DENR, nor does
it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.
If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at 919-
807-6300.
Sincerely,
for Coleen H. Sullins
cc: DWQ Central Files
Stonnwater Permitting Unit Files
Mooresville Regional Office
rj•
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCG030293
STORMWATER 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,
Imo Industries, Inc.
is hereby authorized to discharge stormwater from a facility located at
Imo Industries, Inc. -Imo Pump
Airport Road
Monroe
Union County
to receiving waters designated as Dry Fork, a class C stream, in the Yadkin Pee -Dee River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
11, II1, IV, V, and VI of the General Permit as attached.
This certificate of coverage shall become effective April 21, 2010.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 21, 2010.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Beverly Eaves Perdue
Governor
Eric Thomas
Imo Industries, Inc.
PO Box 5020
Monroe, NC 28111
Dear Permittee:
NCDENIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director ^� - : - Secre#ary
April 21, 2010 APR 2 6 2010
Subject: NPDES Stormwater Permit Coverage Renewal
Imo Industries Inc, Imo Pump
COC Number NCG030293
Union County
In response -to your -renewal application for continued coverage under the Stormwater General Permit the Division of
Water Quality (DWQ) is forwarding herewith the reissued Certificate.of Coverage and stormwater General Permit.
This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency,
dated October 15, 2007 (or as subsequently amended.)
The following+ information is included with your permit package:
• A new Certificate of Coverage
• A copy.of the stormwater General Permit
• A copy of a Technical Bulletin for the General Permit
• Five copies of the Discharge Monitoring Report (DMR) Form
• Five copies of the Annual Discharge Monitoring Report.Form (if applicable)
• Five copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormvater only, and it specifies your obligations with respect to
stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to ,
familiarize yourself with all the changes in the reissued permit. The significant changes made are outlined in the
Technical Bulletin, which is attached.
Your coverage under the General Permit is transferable only through the specific action of DWQ.
Wetlands and Stomwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 276D4
Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: "77-623-6748
Internet www.ncwaterquarty.org
An Equal Opportunity 1 Affumative Action Employer
On
e
NCarolina
NIMMMIII
J
This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does
it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.
If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at 919-
807-6300.
Sincerely,
for Coleen H. Sullins
cc: DWQ Central Files
Stormwater Permitting Unit Files
Mooresville Regional Office
i
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCGO30293
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELE"1 NATION 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,
Imo Industries, Inc.
is hereby authorized to discharge stormwater from a facility located at
Imo Industries, Inc. -Imo Pump
Airport Road
Monroe
Union County
to receiving waters designated as Dry Fork, a class C stream, in the Yadkin Pee -Dee River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
1I, III, IV, V, and VI of the General Permit as attached.
This certificate of coverage shall become effective April 21, 2010.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 21, 2010.
for Coieen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Michael F. Easley, Governor
O�ATF
Q
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
Alan W: Klimek, P.E. Director
Division of Water Quality
6/26/2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Berry F Major RECEIVED
Imo Industries Inc
PO Box 5020 JUL 0 2 2003
Monroe NC 28111
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT NC Qom' OF SMRONNENT
PERMIT NUMBER NCG030293 AND NATURAL RESOURCES
Imo Industries Inc- Imo Pump WMESVILLE REGIONAL OFFICE
Union COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $80.00 for this year has not.
been received for the subject permit. This fee is required by Ti9e 15 North Carolina Administrative Code 21-1.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 21-1.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
.Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must 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, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Rex Gleason, Mooresville Water Quality Regional Supervisor, (704) 663-1699.
Sincere
W44,
4-4,
Alan W. Klimek, P.E.
cc: Supevisor, Water Quality Permits and Engineering Unit
Mooresville Regional Office
County Health Department
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
r-_.__, r.___.r,__y. •��_..,.._ w�a:__ r-.,-, 1....�. - CAD/ rr...—lnrl l i no/ nn4_nnnne,...nr n•fnar
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCGO30293
STORMWATER 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,
IMO INDUSTRIES INC
is hereby authorized to discharge stormwater from a facility located at
IMO INDUSTRIES INC- IMO PUMP
AIRPORT RD
MONROE
UNION COUNTY
to receiving waters designated as Dry Fork. a class C stream, in the Yadkin - Pee Dee River Basin in accordance
with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11, III, IV, V, and VI
of General Permit No. NCG030000 as attached_
This certificate of coverage shall become effective September 1, 2002.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 23, 2002.
for Alan W_ Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
BERRY F MAJOR
IMO INDUSTRIES INC- IMO PUMP
PO BOX 5020
MONROE, NC 28111
Subject: NPDES Stormwater Permit Renewal
IMO INDUSTRIES INC- IMO PUMP
COC Number NCG030293
Union County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG030000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
* A new Certificate of Coverage
* A copy of General Stormwater Permit NCG030000
* A copy of the Analytical Monitoring Form (DMR)
* A copy of a Technical Bulletin for the general permit
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage_ This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
if you have any questions regarding this permit package please contact Mack Wiggins of the Central Office
Stormwater and General Permits Unit at (919) 733-5083, ext. 542
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
��,&
NCDENR
Customer Service
1- 800-623-7748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
BERRY F MAJOR
IMO INDUSTRIES INC- IMO PUMP
PO BOX 5020
MONROE, NC 28111
Subject: NPDES Stormwater Permit Renewal
IMO INDUSTRIES INC- IMO PUMP
COC Number NCG030293
Union County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG030000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
* A new Certificate of Coverage
* A copy of General Stormwater Permit NCG030000
* A copy of the Analytical Monitoring Form (DMR)
* A copy of a Technical Bulletin for the general permit
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Mack Wiggins of the Central Office
Stormwater and General Permits Unit at (919) 733-5083, ext. 542
cc: Central Files
Stormwater & General Permits Unit Files
Mooresville Regional Office
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Perfnits;Uni_tr Ebfre('f�r .
AUG 2 n 2002
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1- 800-623-7748
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E. Director
06/06/2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AT -IN: BERRY F MAJOR
"IMO INDUSTRIES INC., IMO PUMP DIVISION"
PO BOX 5020
MONROE, NC 28111
Dear Permittee:
NCDENR
NORTH CARouNA DEPARTMENT OF
ENVIFRONMEwr AND NAruRAL RESOURCES
Subject: NOTICE OF VIOLATION
FAILURE TO SUBMIT RENEWAL APPLICATION
"IMO INDUSTRIES INC., IMO PUMP DIVISION"
NCG030000
COC NUMBER NCG030293
UNION COUNTY
This letter is to inform you that, as of the date of this letter, the Division of Water Quality has not received a
renewal request for the subject permit certificate of coverage. This is a violation of NCGS § 143.215.1 (c)(1) which
states "Ali applications shall be filed with the commission at least 180 days in advance of the date on which it is
desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be".
Any permittee that has not requested renewal at least 180 days prior to expiration or permittee that does not have a
permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS § 143-215.6 and 33 USC 1251 et. seq.
In order to prevent continued, escalated action, including the assessment of civil penalties you must submit a
completed permit coverage renewal application to the attention of the "Stormwater and General Permits Unit" at
the letterhead address within ten (10) days of your receipt of this letter (renewal application enclosed). If the
subject discharge has been terminated, please complete the enclosed rescission request form. Mailing instructions
are listed on the bottom of the form. You will be notified when the rescission process has been completed.
Thank you for your prompt attention to this situation. If you have any questions regarding this matter, please
contact Mack Wiggins of the central office Stormwater and General Permits Unit at 919-733-5083, ext 542.
Sincerely,
for Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Stormwater and General Permits Unit Files
Central Files
Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 100/6 post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E. Director
06/06/2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ATTN: BERRY F MAJOR
"IMO INDUSTRIES INC., IMO PUMP DIVISION"
PO BOX 5020
MONROE, NC 28111
Dear Permittee:
oaft*ftwoe��
NCDENR
-)�,N:IEH
ENVIRONMENT AND NATURFp}-s�,RESOURCES
_ �, �,. •�.
.�a
".lUN 2 5 2002
S biect NOTICE OF VIOLATIONmvp ''
u� .
FAILURE TO SUBMIT RENEWAL APPLICATION
"IMO INDUSTRIES INC., IMO PUMP DIVISION"
NCG030000
COC NUMBER NCG030293
UNION COUNTY
This letter is to inform you that, as of the date of this letter, the Division of Water Quality has not received a
renewal request for the subject permit certificate of coverage. This is a violation of NCGS §143.215.1 (c)(1) which
states "All applications shall be filed with the commission at least 180 days in advance of the date on which it is
desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be".
Any permittee that has not requested renewal at least 180 days prior to expiration or permittee that does not have a
permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS § 143-215.6 and 33 USC 1251 et. seq.
In order to prevent continued, escalated action, including the assessment of civil penalties you must submit a
completed permit coverage renewal application to the attention of the "Stormwater and General Permits Unit" at
the letterhead address within ten (10) days of your receipt of this letter (renewal application enclosed). If the
subject discharge has been terminated, please complete the enclosed rescission request form. Mailing instructions
are listed on the bottom of the form. You will be notified when the rescission process has been completed.
Thank you for your prompt attention to this situation. If you have any questions regarding this matter, please
contact Mack Wiggins of the central office Stormwater and General Permits Unit at 919-733-5083, ext. 542.
Sincerely,
for Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Stormwater and General Permits Unit Files
Central Files
Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O�OF W ATF9QG
r
BERRY F MAJOR
IMO INDUSTRIES INC- IMO PUMP
PO BOX 5020
MONROE, NC 28111
Dear Permittee:
Gregory J_ Thorpe, Ph.D_
Acting Director
Division of Water Quality
December 27, 2001
Subject: NPDES Stormwater Permit Renewal
IMO INDUSTRIES INC- IMO PUMP
COC Number NCG030293
Union County
Your facility is currently covered for stormwater discharge under General Permit NCG030000. This permit expires
on August 31, 2002. The Division staff is currently in the process of rewriting this permit and is scheduled to have
the permit reissued by late summer of 2002. Once the permit is reissued, your facility would be eligible for
continued coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the Division of Water
Quality (DWQ) for renewal of your permit coverage. To make this renewal process easier, we are informing you in
advance that your permit will be expiring. Enclosed you will find a General Permit Coverage Renewal
Application Form. The application must be completed and returned by March 4, 2002 in order to assure continued
coverage under the general permit.
Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility
without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and
could result in assessments of civil penalties of up to $10,000 per day.
Please note that recent federal legislation has extended the "no exposure exclusion" to all operators of industrial
facilities in any of the I I categories of "storm water discharges associated with industrial activity," (except
construction activities). If you feel your facility can certify a condition of "no exposure", i.e. the facilty industrial
materials and operations are not exposed to stormwater, you can apply for the no exposure exclusion. For additional
information contact the Central Office Stormwater Staff member listed below or check the Stormwater & General
Permits Unit Web Site at http://h2o.enr.state.nc.us/su/stormwater.htmI
If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed
Rescission Request Form. Mailing instructions are listed on the bottom of the form. You will be notified when the
rescission process has been completed.
If you have any questions regarding the permit renewal procedures please contact Mike Parker of the Mooresville
Regional Office at 704-663-1699 or Bill Mills of the Central Office Stormwater Unit at (919) 733-5083, ext. 548
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
®�L�
NCDENR
Customer Service
1- 800-623-7748
O�O� WA F�RQG
Michael F. Easley, Governor
William G. Ross Jr_, Secretary
North Carolina Department of Environment and Natural Resources
BERRY F MAJOR
IMO INDUSTRIES INC- IMO PUMP
PO BOX 5020
MONROE, NC 28111
Dear Permittee:
December 27, 2001
Gregory J. Thorpe, Ph.D_
Acting Director
Division of Water Quality
APR 1 C 2002
rt
Subject: NPDES Stormwater Permit Rwal:
IMO INDUSTRIES INC- IMO W`
COC Number NCG030293
Union County
Your facility is currently covered for stormwater discharge under General Permit NCG030000. This permit expires
on August 31, 2002. The Division staff is currently in the process of rewriting this permit and is scheduled to have
the permit reissued by late summer of 2002. Once the permit is reissued, your facility would be eligible for
continued coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the Division of Water
Quality (DWQ) for renewal of your permit coverage. To make this renewal process easier, we are informing you in
advance that your permit will he expiring. Enclosed you will find a General Permit Coverage Renewal
Application Form. The application must be completed and returned by March 4, 2002 in order to assure continued
coverage under the general permit.
Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility
without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and
could result in assessments of civil penalties of up to $10,000 per day.
Please note that recent federal legislation has extended the "no exposure exclusion" to all operators of industrial
facilities in any of the I I categories of "storm water discharges associated with industrial activity," (except
construction activities). If you feel your facility can certify a condition of "no exposure", i.e. the facilty industrial
materials and operations are not exposed to stormwater, you can apply for the no exposure exclusion. For additional
information contact the Central Office Stormwater Staff member listed below or check the Stormwater & General
Permits Unit Web Site at http://h2o.enr.state.nc.us/su/stormwater.html
If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed
Rescission Request Form. Mailing instructions are listed on the bottom of the form. You will be notified when the
rescission process has been completed.
If you have any questions regarding the permit renewal procedures please contact Mike Parker of the Mooresville
Regional Office at 704-663-1699 or Bill Mills of the Central Office Stormwater Unit at (919) 733-5083, ext. 548
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
MCDENR
Customer Service
1- 800-623-7748
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Alfg?VrAl
1: DEHNF1
September 24, 1997
BERRY F. MAJOR
IMO INDUSTRIES INC.- IMO PUMP
PO BOX 5020
MONROE, NC 28111
Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG030293
Union County
Dear Permittee:
In response to your renewal application for continued coverage under the subject permit, the Division
of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit
is reissued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency
dated December 6, 1983.
The following information is included with your permit package:
s A copy of the stormwater general permit.
■ A Stormwater Pollution Prevention Plan Certification Form. This form certifies that you have
developed and implemented the Stormwater Pollution Prevention Plan (SPPP) required in your
permit. This form must be completed and returned to the Division within 30 days of receipt of
this letter. DO NOT send the SPPP with the signed farm.
■ Five copies of Analytical Monitoring forms.
■ Five copies of Qualitative Monitoring forms.
E A copy of a Technical Bulletin on the stormwater program with outlines program components
and addresses frequently asked questions.
■ A corrected Certificate of Coverage if you indicated a name or address change on the Renewal
Form returned to the Division.
Your certificate of coverage is not transferable except after notice to DWQ. The Division of Water
Quality may require modification or revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by
DWQ or permits required by the Division of Land Resources, Division of Air Quality, Coastal Area
Management Act or any other Federal or Local governmental permits that may be required.
If you have any questions concerning this permit or other attached documents, please contact the
Stormwater Group at telephone number (919) 733-5083
SincereIy,
.AL
for
. Preston Howard, Jr., P. E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ I0% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 29, 1994
Mr. Berry F. Major
Imo Industries Inc.
P.O. Box 5020
Monroe, NC 28111
A m
If 0
44
E3EHNR
Subject: General Permit No. NCG030000
IMO Industries Inc.
COC NCG030293
Union County
Dear Mr. Major:
In accordance with your application for discharge permit received on March 21, 1994, we are
forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number 919/733-
5083.
SmCerelry
0n&4na fiEgned- Kk;
Coleen H.
A. Preston Howard, Jr., P. E.
cc: Mooresville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Vi
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
STORMWATER DISCHARGES
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,
Berry F. Major
is hereby authorized to discharge stormwater from a facility located at
lMO Industries Inc., IM0 Pump Division
Airport Road
Monroe
Union County
to receiving waters designated as Dry Fork in the Yadkin -Pee Dee River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11,111
and IV of General Permit No. NCG030000 as attached.
This certificate of coverage shall become effective April 29, 1994.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 29, 1994.
Original sigr d, f:
Coleen
A. Preston Howard, Jr., P.E.
Division of Environmental Management
By Authority of the Environmental Management Commission
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80'37'30" 1 535 536 11520000 FEET 537 35'
Mapped, edited, and published by the Geological Survey 1
Control by USGS, NOSINOAA, and North Carolina Geodetic Survey * �
M N_
Topography by photogrammetric methods from aerial GN
photographs taken 1969. Field checked 1971
Projection and 10,000-foot grid ticks: North Carolina 5i=
coordinate system (Lambert conformal conic) 98
MILS a MILS
1000-meter Universal Transverse Mercator grid ticks,
zone 17, shown in blue. 1927 North American Datum
-r- -I.-- -- fh- .,1-A:-*-.4 KI--6 n_--a___ n..a.,_ 1 OA1 —". thn
r
FACILITY I Mo Pu„ne b%v. .
COUNTY uN�o
NPDES Nc-�o3 0
ASAP # G 1Lv Se
DSN FLOW 01 P
SUB BASIN 05 'o-7 1 +
eye
LATTITUDE 35' o►' 3o''
LONGITUDE gp o 3,. o(o o
RECEIVING STREAM -C>exA -jory.. faamAL
STREAM CLASS C
DISCHARGE TYPE sw
EXPIRATION DATE 45k 1 c i