Loading...
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 ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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 ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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 ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW ............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 ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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 ActiveUS 164718866v.8 1503184,04A-NYCSR03A - MSW 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: ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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 ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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. ActiveUS 164718866v.8 1503184.04A-NYCSR03A - MSW 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 ActiveUS 164718866u8 1503184.04A-NYCSR03A - MSW 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 Ilk- _-1 74 I Morning St 6�`O Watts Grove ,�. 652�� . ry �� J111, � o , hI , o / I, �• U O/`�� ricks /'!V' « sor •f! \�-J 4\� 1t �� r- S Il.15I0 a V ��. i� n 3 78 '"�i : /� \\� �, t\ - •ter ,r �, nri<� .-�.r � 4 � c� re• [tom _: � I� \� \ �; 1�• 5,� J � ..604- � �' `_ i � ;� !�� '`z�;�,�Y•s _.x ♦.i^ Z-,1i1'/"_ '► ^ti j�° �/ ��� ��a$1C:4 �t 1 `� 2'30 \��-- zr��,���/�'' -_ 41 r � i �} -� of � {''.3y�t1 �'-{yt 151 It rC• III: fl ,V rrr..�u -�- l •C . ` �+ 64 ram' �� ' i45 0 1 �� s �� _-1-5;�'= \�•, fff 38 77 _�"F r � �'\��, rl - �, i .r•'' ; .. � � �' 1007 ? � �/� �� � � ry � ,mow � �• �/. ��° ��, • � �wf� , � �'.',r; max;: �°� � �--� \� r .� : r.� • "E - f : / , Gk. . • I•••.�. • 638 Si i Bakers, = Y% •��„�' !. t... - - , 3a76 /s0 , ��• �•� 6 •�' �%_ ff r l . r. • I. � /% _ � � �.-, / _ � �i`•,•• ••�\ /� � .�:�_-•\_'ALL' = ,`� r ._ // 65o�r�'- L� :� •i%• -;• _tea '—Aiiport�/ _ /�`' a +3�F;! :� 4 f.U/• °� n. ♦ , r _� _- i� I�,- ~�, f s : s 1 i-�.j���,. '} �.,',t':.-a5 3875627. •.�+ ht .=� <,. i -�� � \ o I a �� t;•i. • ice. ,yH -- •.j'Ch 650 - b _ � rl •�� ,� 1 •�7 � _�� `\�4 • .'=i! /ter I • �'-•'� __`J ^ �'J--. - _ `,�\..'`�< �'. 38 74 AW 00 650, ` 1 __ `� II • - I � • NI�Mr ' a 638 r I' i-\ � �• it • _,_ - \ s \`/ .. •' - I d I! _ J -� - 00�� i A-, - �' - : = t�,`�r!i I� :I t �'� ' �i.l��� j� ' •�• t - �r• •�; li - �l- � L�� •1._� : ri„ 64 3, FEET ®{ ;;� �� �.r���i • , r� 1—/�``C�'�'e Y/. 5$p / 032'' 3s73 6 > f35[ (\��! ���`� \� •IL__ _ l .� � --. e•�;'r•— \f-. - %! \ o. J�� �, c 35 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