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HomeMy WebLinkAboutNCG050190_COMPLETE FILE - HISTORICAL_20170626STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ a d V-) () YYYYM M DD Division of Energy, Mineral, and Land Resources Land Quality Section / Stormwater Programs is National Pollutant Discharge Elimination System (NPDES) Energy, Mineral & PERMIT OWNER AFFILIATION DESIGNATION FORM Land Resources ENVIRONMENTAL QUALITY(Individual Legally Responsible for Permit) Use this form if there has been: FOR AGENCY U5£ ONLY Date Received Year Month Day NO CH A'AGE in facility ownership or facility name, but the individual who is legally responsible for the permit has changed. If the name of the facility has changed, or if the ownership of the facility has changed, do NOT use this form. Instead, you must fill out a Name -Ownership Change Form and submit the completed form with all required documentation. Wnat [toes "legally responsible individual" mean. fhe person is either: JUN 2 6 2017 • the responsible corporate officer (for a corporation); DEN • the principle executive officer or ranking elected official (for a municipality I �blic agency); • the general partner or proprietor (for a partnership or sole proprietorship); • or, the duly authorized representative of one of the above. 1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation") applies: Individual Permit N C 1. S 2) Facility Information: Facility name: Company/Owner Organization: Facility address: (or) Certificate of Coverage N I C. I G 1 0 1 5 [0j 1 1 9 1 0 Elite Comfort Solutions _ Elite Comfort Solutions 1115 Farrington St Address Conover NC 28613 City State Zip To find the current legally responsible person associated with your permit, go to this website: hitp//de .nc.gov/about/divisions/energy-mineral-land-resources/eugW-mineral-land-permits/stormwater-prrogam and run the Permit Contact Summary Report. 3) OLD OWNER AFFILIATION that should be removed: Previous legally responsible individual: Rick First 4) NEW OWNER AFFILIATION (legally responsible for the permit): Person legally responsible for this permit: Velotta MI Last Chris Bagley First Mi Last SWU-OWNERAFFIL-23March2017 Page l of 2 i . NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form (if no Facility Name/Ownership Change) Senior EHS Manager Title / 1 1 15 Farrington �r/ Street Mailing Address Conover NC 28613 City State Zip (828) 328-2213 cjbagley@elite-cs.com - Telephone E-mail Address (828)324-4715 fax Number 5) Reason for this change: A result of: ® Employee or management change ❑ Inappropriate or incorrect designation before ❑ Other If other please explain: The certification below must be completed and signed by the permit holder. PERMITTEE CERTIFICATION: I, Chris Ba lgleey, attest that this application for this change in Owner Affiliation (person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all re u ed parts of this form are not completed, this change may not be processed. June 19, 2017 t ure Date �\ea.se ASO c.L.o,nrt o.j+'*r �o�:\:�-j, aKJ VCrV'\N c00A-"A �crs�� o� ecrr�•'1k b:�1:r' c�n�«,.} -6 44 50-0w �ni�1'y �� PLEASE SEND THE COMPLETED FORM TO: kw- he.u. ow� Division of Energy, Mineral, and Land Resources Stormwater Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 For more information or staff contacts, please call (919) 707-9220 or visit the website at: http: //deg .nc. gov/about/divisions/ener,gy-mineral-land-resources/stormwater Page 2 of 2 5W U-OW N E RAFF I L-23Mar2017 T 5 Division of Energy, Mineral, and Land Resources Land Quality Section / Stormwater Program r: National Pollutant Dischaige Elimination System (NPDES) Energy, Mineral & PERMIT OWNER AFFILIATION DESIGNATION FORM Land Resources EWIROMENTALQUALffY (Individual Legally Responsible for Pennit) Use this form if there has been: FOR AGENCY USE ONLY Date Rcceind Year Mas�th Day NO CHANGE in facility ownership or facility name, but the individual who is legally responsible for the permit has changed. If the name of the facility has changed, or if the ownership of the facility has changed, do NOT use this form. Instead, you must fill out a Name -Ownership Change Form and submit the completed form with all required documentation. What does "legally responsible individual' mean? The person is either: • the.responsible corporate officer (for a corporation); the:principle executive officer or ranking elected official (for a municipality, state, federal or other public agency); • the general partner or proprietor (for a partnership or sole proprietorship); • or, the duly authorized representative of one of the above. 1) Enter the.permit number for which this change in Legally Responsible Individual ("Owner Affiliation") applies: Individual Permit (or) Certificate of Coverage INICIS1 I I I INICIG1015101119101 2) Facility Information: Facility name: Elite Comfort Solutions Company/Owner Organization: Elite Comfort Solutions Facility address: 1115 Farrington St Address Conover NC 28613 City State Zip To find the current legally responsible person associated with your permit, go to this website: bM-//deg. nc.gov/abdutldivisions/energy-mi nemi-land-resources/energy-m ineral-land-Wrmits/stormwater-program and run ihe.Permit Contact Summary Report. 3) OLD OWNER AFFILIATION that should be removed: Previbus legally responsible individual: Rick Velotta First M1 Last 4) NEW OWNER AFFILIATION (legally responsible for, the permit): Person legally responsible for this permit: Chris Bagley First MT Last SWU-OWNERAFFIL-23March2017 Page t of 2. r � - NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form (if no Facility Name(Ownership Change) Senior EHS Manager Title 1115 Farrington Street Mailing Address Conover NC 28613 City State Zip (828) 328-2213 cjbagley@elite-cs.com Telephone E-mail Address (828) 3244715 Fax Number 5) Reason for this change: A result of: ® Employee or management change ❑ Inappropriate or incorrect designation before ❑ Other If other please explain: The certification below must be completed and signed by the permit holder. PERMITTEE CERTMCATION: I, Chri�iex, attest that this application for this change in Owner Affiliation (person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all regured parts of this form are not completed, this change may not be processed. June 19, 2017 ure Date TAt4xt owa ptrw►. tonta,� �u-sv� a►�.J eu b:t1►1+* �vn�,µ,} Rio Soa+ afi^�►ad.. PLEASE SEND THE COMPLETED FORM TO: •1 prb�rilt� �n,r {�,Q�., owrvcf �^ Division of Energy, Mineral, and Land Resources Stormwater Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 - For more information or staff contacts, please call (919) 70.7-9220 or visit the website at: h ://de .nc. ovlabout/divisionslener -mineral-land-resources/storm,.vater Page 2 of 2 SWU-0WNERAFFI L-23Ma2oi 7 a rc'rpT dnyt f C P - oar C j f1 &/ State of North Carolina D artment of Environment and Natural Resources f 1 Division of Water Quality STATE STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: General Permit No. NCGO50000 2. Project Name: Not Applicable 3. Current Permit Holder's Company Name/Organization: Hickory Springs Manufacturing Company 4. Signing Official's Name: James J. Bush 5. Mailing Address: 235 2nd Avenue NW City: Hicko 6. Phone: ( 828 1 328-2201 Fax: ( Title: President State: NC Zip: 28601 II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) 0 Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) X Other (please explain): only_a portion of the original property has been purchased - see attached diagram 1. Proposed permittee's company name/organization: Elite Comfort Solutions 2. Proposed permittee's signing official's name: Rick Velotta 3. Proposed permittee's title: Corporate EHS Director 4. Mailing Address: 1545 Deborah Herman Road City: Conover State: NC Zip Phone: ( 480 ? 620-0712 Fax: ( 5. New Project Name to be placed on permit: Not Applicable 28613 Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) x❑ Purchaser (Attach a copy of the pending sales agreement. Final_ approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 Ill. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed _by both the current_ permit holder and the new applicant if this is a change_ of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ_ 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee_ IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement. ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. x] Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. the current permittee, am submitting this application for a transfer of ownership for permit # NCG050000 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. / A /j Signature: _ r+ Date: 5 r8 16P a Notary Public for the State of o�ZCCU , County of rC.o \ v1 _ _ _ , do hereby certify that personally appeared before me this the t day of , 20\�q , and acknowledge the due execution of the fo oing instrument. Witness my A hand and official seal, -.(Notarry Seal) 01 Notary Signature Q VCA 'E� g SSW N/O Change Rev24Sept2012 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, t< <4k t`, (r-&OTrA hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) ❑X the most recent permit ❑ the designer's certification for each BMP X❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments. listed above are not i ded, is pplication package will be returned as incomplete. Signature: Date: /Or/;14f z o/6 a Notary Public for the State of County of \--L , r-,r__cA `-\ , do hereby certify that cP VE'L o A personally appeared before me this the day of 20X�p and acknowledge the due.execution of the forgoing instrument. Witness my hand and official seal, (Notary!E ) Notary Signature Additional copies of the original permit and the approved Operation and Maintenanceagreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees_ SSW N/O Change Rev24Sept2012 Page 3 of 4 VI.' PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections I! and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Not Applicable Organization: Title within the Organization: Street Address: City: Mailing Address: City: _ Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 ATTACHMENT 4 Facility Diagrams ATTACHMENT 5 Proof of Sale EXECUTION VERSION BILL OF SALE AND ASSIGNMENT This BILL OF SALE AND ASSIGNMENT (this `Bill of Sale"), dated as of April 15, 2016, is executed by Hickory Springs Manufacturing Company, a North Carolina corporation ("ISM"), and Hickory Springs of California, LLC, a North Carolina limited liability company ("Hickory CA" and, together with HSM, "Sellers"), in favor of Elite Comfort Solutions LLC (f/k/a Specialty Foam Holdings LLC), a Delaware limited liability company (`Buyer"), as contemplated by that certain Asset Purchase Agreement dated as of March 16, 2016, by and among HSM, Hickory CA, and Buyer (the "Purchase Agreement"). Capitalized terms used but not otherwise defined herein will have the meanings ascribed to such terms in the Purchase Agreement. NOW, THEREFORE, THIS INSTRUMENT WITNESSETH: 1. For good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, Sellers do hereby sell, transfer, assign, convey, grant and deliver to Buyer, all right, title, and interest, legal or equitable, of Sellers in and to all of the Acquired Assets, free and clear of all Liens, other than Permitted Liens. 2. Sellers hereby constitute and appoint Buyer, its successors and assigns, for the limited purpose of enabling Buyer to complete, insure, and perfect the transfer, conveyance, and assignment to Buyer of all the right, title, and interest of Sellers in and to the property hereby granted, bargained, sold, conveyed, and assigned, or intended to so be, the true and lawful attorney, irrevocably, of Sellers, with full power of substitution, in the name of Sellers or otherwise, and on behalf of, for the benefit of, its successors and assigns, including but not limited to the following: (a) to demand and receive from time to time any and all property hereby granted, bargained, sold, conveyed, and assigned or intended so to be, and to give receipts, releases, and acquittances for and in respect of the same or any part thereof; and (b) from time to time, to institute, prosecute, compromise, and settle, as Sellers' assignee, any and all proceedings at Law, in equity, or otherwise, which Buyer, its successors and assigns, may deem proper to collect, assert, or enforce any claim, title, or right hereby granted, bargained, sold, conveyed, and assigned, or intended so to be, that Buyer, its successors and assigns, shall deem desirable. 3. Nothing in this instrument, express or implied, is intended or will be construed to confer upon or give to any Person other than the parties hereto and their respective successors and assigns any remedy or claim under or by reason of this instrument or any term, covenant, or condition hereof, and all the terms, covenants, conditions, and agreements contained in this instrument will be for the sole and exclusive benefit of the parties hereto and their successors and assigns. 4. Sellers acknowledge and agree that the representations, warranties, covenants, agreements, and indemnities contained in the Purchase Agreement will not be superseded, expanded, modified or supplemented hereby, but will remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms of this Bill of Sale, the terms of the Purchase Agreement will govern and control. 5. This Bill of Sale and the rights and duties of the parties arising hereunder shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Delaware without giving effect to the principles of conflicts of Law thereof. EASn 122122078.3 6. This Bill of Sale may be executed in any number of counterparts, by original or by ".pdf' or similar electronic copies of signatures sent via email, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. [Signatures Follow] EAS'n 122122078. IN WITNESS WHEREOF, Sellers have caused this Bill of Sale and Assignment to be executed effective as of the date first set forth above. SELLERS: HICKORY SPRINGS MANUFACTURING COMPANY By: Nam - Jbhn R. M Title: we President,General Counsel & S HICKORY SPRINGS OF CALIFORNIA, LLC By: Nae're Titlry [Signature Page to Bill of Sak and. Assignment] Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 29, 2016 Mr. Rick Velotta Elite Comfort Solutions 1545 Deborah Herman Road Conover, NC 28613 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director RECEIVED JUL 1 1 2016 CENTRAL FILES I)VVR SECTION Subject: NPDES Stormwater Permit NCG050190 Elite Comfort Solutions Formerly Hickory Springs Manufacturing Company Catawba County Dear Mr. Velotta: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office Stormwater Permitting Program Files Central Files State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Sure I Raleigh, North Carolina 27699-1612 919 707 9220 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG050000 CERTIFICATE OF COVERAGE No. NCG050190 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, Elite Comfort Solutions is hereby authorized to discharge stormwater from a facility located at: Elite Comfort Solutions 1115 Farrington Street Conover Catawba County to receiving waters designated as UT to Cline Creek, a class C water, in the Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I1I, and IV of General Permit No. NCG050000 as attached. This certificate of coverage shall become effective June 29, 2016. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 29, 2016. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission ccrpfdnW7 extvw ba . State of North Carolina }' D artment of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION o 1. Stormwater Management* Permit Number: General Permit No. NCGO50000 kkrr0 sa«o 2. Project Name: Not Applicable 3. Current Permit Holder's Company Name/Organization: Hickory Springs Manufacturing Company 4. Signing Official's Name: James J. Bush 5. Mailing Address: 235 2nd Avenue NW City. Hicko 6. Phone: 828 328-2201 Title: President State: NC Zip: 28601 Fax: {�) II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) x❑. Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) 0 Other (please explain): Only a portion of the original property has been purchased - see attached diagram 1. Proposed permittee's company name/organization: Elite Comfort Solutions 2. Proposed permittee's signing official's name: Rick Velotta 3. Proposed permittee's title: Corporate EH5 Director 4. Mailing Address: 1545 Deborah Herman Road City: Conover State: NC Zip: 28613 Phone: 480 620-0712 Fax: 5. New Project Name to be placed on permit: Not Applicable Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 ,7 ,. f- L, A III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑x Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, �� os 1, , the current permittee, am submitting this application for a transfer of ownership for permit # NCG050000 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. z A /% Signature: Date: I, _ \ c� , a Notary Public for the State of V\ Ck. County of •Vnc,a� M�, , do hereby certify that personally appeared before me this the $� day of 'Ma , 20��, and acknowledge the due execution of the fo oing instrument. Witness my hand and official seal, -,(Notary Seal) CX_ Notary Signature , (zz" \ VA a-c> \,E� SSW N/O Change Rev24Sept2012 Page 2 of 4 :' V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, c RR h c o , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) x❑ the most recent permit ❑ the designer's certification for each BMP 0 any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement ❑past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not i ded, ris pplication package will be returned as incomplete. Signature: Date: /r�l�y I, �O�v.cti . �� o��So�r� , a Notary Public for the State of oc off. r , County of , rc,=> r , do hereby certify that S c HiM P [r VEc a 17' A personally appeared before me this the day of G , 20\ p and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Q`. (Notary Si~al) Notary Signature ` rc Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 Page 3 of 4 VI.' PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Not Applicable Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of day of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the 20 , and acknowledge the due execution of the forgoing instrument_ Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 ATTACHMENT 4 Facility Diagrams t L�;y . �Y � vim'. ATTACHMENT 5 Proof of Sale :J ~ �4 a¥ . ..��y. ^�k � {�\ �a . yp� � � « � �y� ± e EXECUTION VERSION BILL OF SALE AND ASSIGNMENT This BILL OF SALE AND ASSIGNMENT (this "Bill of Sale"), dated as of April 15, 2016, is executed by Hickory Springs Manufacturing Company, a North Carolina corporation ("HSM"), and Hickory Springs of California, LLC, a North Carolina limited liability company ("Hickory CA" and, together with HSM, 'Sellers"), in favor of Elite Comfort Solutions LLC (f/k/a Specialty Foam Holdings LLC), a Delaware limited liability company ("Buyer'), as contemplated by that certain Asset Purchase Agreement dated as' of March 16, 2016, by and among HSM, Hickory CA, and Buyer (the "Purchase Agreement"). Capitalized'terms used but not otherwise defined herein will have the meanings ascribed to such terms in the Purchase Agreement. NOW, THEREFORE, THIS INSTRUMENT WITNESSETH: 1. For good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, Sellers do hereby sell, transfer, assign, convey, grant and deliver to Buyer, all right, title, and interest, legal or equitable, of Sellers in and to all of the Acquired Assets, free and clear of all Liens, other than Permitted Liens. 2. Sellers hereby constitute and appoint Buyer, its successors and assigns, for the limited purpose of enabling Buyer to complete, insure, and perfect the transfer, conveyance, and assignment to Buyer of all the right, title, and interest of Sellers in and to the property hereby granted, bargained, sold, conveyed, and assigned, or intended to so be, the true and lawful attorney, irrevocably, of Sellers, with full power of substitution, in the name of Sellers or otherwise, and on behalf of, for the benefit of, its successors and assigns, including but not limited to the following: (a) to demand and receive from time to time any and all property hereby granted, bargained, sold, conveyed, and assigned or intended so to be, and to give receipts, releases, and acquittances for and in respect of the same or any part thereof, and (b) from time to time, to institute, prosecute, compromise, and settle, as Sellers' assignee, any and all proceedings at Law, in equity, or otherwise, which Buyer, its successors and assigns, may deem proper to collect, assert, or enforce any claim, title, or right hereby granted, bargained, sold, conveyed, and assigned, or intended so to be, that Buyer, its successors and assigns, shall deem desirable. 3. Nothing in this instrument, express or implied, is intended or will be construed to confer upon or give to any Person other than the parties hereto and their respective successors and assigns any remedy or claim under or by reason of this instrument or any term, covenant, or condition hereof, and all the terms, covenants, conditions, and agreements contained in this instrument will be for the sole and exclusive benefit of the parties hereto and their successors and assigns. 4. Sellers acknowledge and agree that the representations, warranties, covenants, agreements, and indemnities contained in the Purchase Agreement will not be superseded, expanded, modified or supplemented hereby, but will remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms of this Bill of Sale, the terms of the Purchase Agreement will govern and control. 5. This Bill of Sale and the rights and duties of the parties arising hereunder shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Delaware without giving effect to the principles of conflicts of Law thereof. EAST%122122078.3 6. This Bill of Sale may be executed in any number of counterparts, by original or by ".pdf' or similar electronic copies of signatures sent via email, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. [Signatures Follow] EAST11221220783 14 f 14. IN WITNESS WHEREOF, Sellers have caused this Bill of Sale and Assignment to be executed effective as of the date first set forth above. SELLERS: HICKORY SPRINGS MANUFACTURING COMPANY By: NamA'ident Ma TitleGeneral Counsel & Secretary HICKORY SPRINGS OF CALIFORNIA, LLC By: Naeohn Titl (Signature Rage to Bill of Sale and Assignment] STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCGO50000 CERTIFICATE OF COVERAGE No. NCG050190 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, Hickory Springs Manufacturing Company is hereby authorized to discharge stormwater from a facility located at Hickory Springs Manufacturing Company -70 Hwy 70-A East Hickory Catawba County to receiving waters designated as a UT to Cline Creek, a class C stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, ill, IV, V, and VI of General Permit No. NCG050000 as attached. This certificate of coverage shall become effective May 1, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 28, 2003. for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission o�0F wa rF9Q� 7 " 6--. 6� o Nc=1111p, -11�' Calvin McGill Hickory Springs Manufacturing Company -70 PO Box 128 Hickory, NC 28603 Dear Permittee: 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 April 28, 2003 Subject: NPDES Stormwater Permit Renewal Hickory Springs Manufacturing Company -70 COC Number NCG050190 Catawba County In response to your renewal application for continued coverage under general permit NCG050000, 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 NCG050000 A copy of the Analytical Monitoring Form (DMR) A copy of the Qualitativel Monitoring Form 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 the Department of Environment and Natural Resources, or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. It you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 578. cc: Central Files Stormwater & General Permits Unit Files Mooresville Regional Office Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit lr—%�11Al N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 Energy, Mineral and Lund Resources ENVIRONMENTAL OVALITY June 29, 2016 Mr. Rick Velotta Elite Comfort Solutions 1545 Deborah Herman Road Conover, NC 28613 ' PAT MCCRORY Governor DONALD R. VAN DER VAART seemary TRACY DAVIS Director Subject: NPDES Stormwater Permit NCG050190 Elite Comfort Solutions Formerly Hickory Springs Manufacturing Company Catawba County Dear Mr. Velotta: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, ORIGINAL SIGNED M KEN PICKLE for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office Stormwater Permitting Program Files Central Files State of North Carolina I Euvironmeotai Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 North Salisbwy Street I Raleigh, North Carolina 27699-1612 919107 9220 T ri1 � t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG050000 CERTIFICATE OF COVERAGE No. NCG050190 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, Elite Comfort Solutions is hereby authorized to discharge stormwater from a facility located at: Elite Comfort Solutions 1115 Farrington Street Conover Catawba County to receiving waters designated as UT to Cline Creek, a class C water, in the Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV of General Permit No. NCGO50000 as attached. This certificate of coverage shall become effective June 29, 2016. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 29, 2016. ORIGINAL SIGNED 81 KEN PICKLE for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Rick Velotta Elite Comfort Solutions 1545 Deborah Herman Road Conover, NC 28613 Dear Mr. Velotta: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary ACY DAVIS Director I�G June 29, 2016 �0 Ilk�'�QF2 �+0 m Subject: NPDES Stormwater Permit NCG050190 Elite Comfort Solutions Formerly Hickory Springs Manufacturing Company Catawba County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in frill effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. Sincerely, ORIGINAL SIGNED 81 KEN PICKLE for Tracy E. Davis, F.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office Stormwater Permitting Program Files Central Files State of North Carolina I Environmental Quality I Energy Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERNUT NO. NCG050000 CERTIFICATE OF COVERAGE No. NCG050190 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, Elite Comfort Solutions is hereby authorized to discharge stormwater from a facility located at: Elite Comfort Solutions 1115 Farrington Street Conover Catawba County to receiving waters designated as UT to Cline Creek, a class C water, in the Catawba River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV of General Permit No. NCG050000 as attached. This certificate of coverage shall become effective June 29, 2016. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 29, 2016. OpJC4 .SHED IM KEN PICKLE for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission NC Division of Water Quality 6 NPDES Stormwater Permit Contacts Summary NC D%VO has the following contact Information in our Permit Database for vour verinit as of 12117/2012. PermitHumber. NCGO50190 Permit Type: Apparel /PT1nt!ngtPaper[Leajbg[jRubbe r Stormwater pscha[ge Co Fad0tv Name: Hick= sodogs-Conowr Complex Fadnty Addressi: 1115 Farrington St Fadlity Address2: City, State SL Zip: Conover. NC 28613 OwnSr Inf2rmlltion Details; Owner Name: Hickory Spriggs MaELbcturing r�MjMfty Owner Type: Non -Government Owner Type Group* Organization Owner Affiliation: mark Stenger Title: AddTessl-. PO Box 12 AddressZ; MY, state& Zip: Hickory, NC 26603 Work Phone: 479-626-6161 EXt-,IU Fax: Email Address: Contact Name I= Address phone Fax Email 77, 7-1 contact Na Ine Title Address on Fax Email Stephen M PO Box 2948, Hickory, NC 28603 528-328-2213 Aidridqe EXL 4811 Contaa Name me Address Phone F —a jj Randy S Walbel 235 2nd Ave. Hidcory, NC 28603 828-328-2201 828-328-4228 rswaibel@tUdwryspnn Ext. 3244 05.CDM 12/37/2012 Page 60 I Beverly Eaves Perdue Governor A�M rILM NCDENR North Carolina DePar#ment of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Mr- Randy Waibel Hickory Springs Manufacturing Company 1115 Farrington Street Conover, North Carolina 28613 Dear Mr. Waibel: June 10, 2011 Dee Freeman Secretary Subject: . Compliance Evaluation Inspection Hickory Springs — Conover Complex Stormwater Permit No. NCG050000 Certificate of Coverage NCG050190 Catawba County, N.C. Enclosed is a copy of the Compliance Evaluation Inspection Report for the storrnwater inspection conducted at the subject facility on May 25, 2011 by Mr. Lon Snider of this Office. The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mr. Snider or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure __-- - ­ccCentral,:Eiles�-- — - —--Mooresvil[e Regional Office Location: 610 East Center Ave-, Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 NorthCarohna - Internet: www.ncwaterquality.org - 'VRtlll""r�jl, f An Equal opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper `bal ly Compliance Inspection Report Permit: NCGO50190 Effective: 06/01/08 Expiration: 05/31/13 Owner: Hickory Springs Manufacturing Company SOC: Effective: Expiration: Facility: Hickory Springs -Conover Complex County: Catawba 1115 Farrington 5t Region: Mooresville Conover NC 28613 Contact Person: Randy S Waibel Title: Phone: 828-328-2201 Ext 3244 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 05/25/2011 Entry Time: 09:15 AM Primary Inspector: Lon Snider Secondary Inspector(s): Certification: Phone: Exit Time: 12:45 PM Phone: 704-663-1699 Reason for Inspection: Routine . Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/LeatherlRubber Stormwater Discharge COC Facility Status: ■ Compliant Cj Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCO050190 Owner - Facility: Hickory Spnngs Manufaduring Company Inspection Elate: 0512512011 inspection Type: Compliance Evaluation reason for Visit: Routine Inspection Summary: Page: 2 M Permit: NCG050190 owner • Facility: Hickory Springs Manufacturing Company Inspection Date: 05125/2011 Inspection Type: Comoliance Evaivafion Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® D D D # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Flan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annuaily? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: Facility has had no spills in the last 3 years. Plan is up to date and kept in good order. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? MOOD Comment: All qualitative monitoring ispections are complete and documented. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ D D 0 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ D D D Comment: Facility has had high TSS & PH results in 2 out of the last 3 events. They are correctiing this problem by paving the gravel parking lot area that discharges to this outfall. Construction was starting on the date of my inspection. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ D D D - - - — # Were -all outfalls observed during -the -inspection? ❑ n 0 # If the facility has representative outfall status, is it properly documented by the Division? D D ■ D # Has the facility evaluated all illicit (non stormwater) discharges? ■000 Page: 3 S Permit NCG050190 Owner - Facility: Hickory Springs Manufacturing Company Inspection Date: 05/2512011 inspection Type: Compliance Evaluation Comment: Facility has 6 outfalls. Reason for Visit: Routine Page: 4 NNA Michael F. Easley, Governor `O�0 !QpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C7 7 Alan W. Klimek, P.E. Director Division 80OWPA014M)ARONMENT 'C AND NATURAL RESOURCES MOORESVIL! r ' :TONAL OFFICE Ao6128 2003 Calvin McGill Hickory Springs Manufacturing Company -70 PO Box 128 Hickory, NC 28603 Subject: Dear Permittee: ` APR 3 0 2003 _1. WATER 01lnl !TV NPDES Stormwater Permit Renewal Hickory Springs Manufacturing Company -70 COC Number NCGO50190 Catawba County In response to your renewal application for continued coverage under general permit NCG050000, 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, dates! December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage A copy of General Stormwater Permit NCG050000 • A copy of the Analytical Monitoring Form (DMR) • A copy of the Qualitativel Monitoring Form • 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 the Department of Environment and Natural Resources, 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 Aisha Lau of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 578. 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) 733-8053 NCOENR Customer Service 1 800 623-7748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG050000 CERTIFICATE OF COVERAGE No. NCG050190 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, Hickory Springs Manufacturing Company is hereby authorized to discharge stormwater from a facility located at Hickory Springs Manufacturing Company -70 Hwy 70-A East Hickory Catawba County to receiving waters designated as a UT to Cline Creek, a class C stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG050000 as attached. This certificate of coverage shall become effective May 1, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 28, 2003. 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-.Seofstary�*f North Carolina Department of Environment;and�tVatu* al Resources� Alan W Klimek, P-E.1, Direct F1Ct ,-- Wa Division'o of terIIuaility September 4, 2002 CALVIN MCGILL HICKORY SPRINGS MANUFACTURING COMPANY - 70 EAST PO BOX 128 HICKORY, NC 28603 Dear Permittee: S EA 0 6 2002 3 Subject: NPDES Stormwater Permit Coverage Renewal Hickory Springs Manufacturing Company - 70 East COC Number NCG050190 Catawba County Your facility is currently covered for stormwater discharge under General Permit NCG050000. This permit expires on March 31. 2003. The Division staff is currently in the process of rewriting this permit and is scheduled to have the permit reissued by early spring of 2003. 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 coverage will be expiring. Enclosed you will find a Permit Coverage Renewal Application Form. The application must be completed and returned by October 2, 2002 in order to assure continued coverage under the general permit. Due to staff and budget constraints, letters confirming our receipt of the completed application willnotbe sent. L Failure to request renewal within the time period specified, 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 1 1 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 facility industrial materials and operations are not exposed to stormwater, you can apply for the no exposure exclusion. For additional information contact the Central Office Stormwaler Staff member listed below or check the Stormwater & General Permits Unit Web Site at http://h2o.enr.stale.ne-us/sulstormwater.himl 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 Aisha Lau of the Central Office Stormwater Unit at (919) 733-5083, ext. 578 cc: Central Files Sincerely. -lei Bradley Bennett, Supervisor Stormwater and General Permits Unit Stormwater and General Permits Unit Files Mooresville Regional Office VOW, NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1-800-623-7746 IN A TF Michael F. Easley, Governor RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co 7 Alan W. Klimek, P.E., Director ` Division of Water Quality 0 Y September 4. 2002 CALVIN MCGILL HICKORY SPRINGS MANUFACTURING COMPANY - 70 EAST PO BOX 128 HICKORY, NC 28603 Subject: NPDES Stormwater Permit Coverage Renewal Hickory Springs Manufacturing Company - 70 East COC Number NCG050190 Catawba County Dear Permittee: Your facility is currently covered for stormwater discharge under General Permit NCG050000. This permit expires on March 31, 2003. The Division staff is currently in the process of rewriting this permit and is scheduled to have the permit reissued by early spring of 2003. Once the permit is reissued, your facility would he 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 coverage will be expiring. Enclosed you will find a Permit Coverage Renewal Application Form. The application must be completed and returned by October 2, 2002 in order to assure continued coverage under the general permit. Due to staff and budget constraint~, letters confirming our receipt of the completed application will not be sent. Failure to request renewal within the time period specified, 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 facility 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/%tormwater.btmI 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 Dorm. 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 Aisha Lau of the Central Office Stormwater Unit at (919) 733-5083. ext_ 578 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Mooresville Regional Office ©�� NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1- 800-623-7748 �> 2 .w �. .\./. . \/\ \\/<\ _ . � State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director April 30, 1998 CALVIN MCGILL a HICKORY SPRINGS MFG. CO.-HICKO PO BOX 128 HICKORY, NC 28603 Mato ID E N R Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG050190 Catawba 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: w A copy of the stormwater general permit. m 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 form. ■ Five copies of Analytical Monitoring forms. Five copies of Qualitative Monitoring forms. 0 A copy of a Technical Bulletin on the stormwater program which 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 and General Permits Unit at telephone number (919) 733-5083 Sincerely, -� �AA�/ Z4 v,, e-* - foA. 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/ 10% post -consumer paper I • r State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management .tames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 22, 1994 Calvin McGill Hickory Springs Mfg. Co - Hickory P O Box 128 Hickory, NC 28603 AI LT.R;TA RV DEHNR Subject: General Permit No. NCG050000 Hickory Springs Mfg. Co - Hickory COC NCG050190 Catawba County Dear Mr. McGill: In accordance with your application for discharge permit received on April 26, 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 Ms. Aisha Lau at telephone number 919/733- 5083. Sincerely, Original Signed By Coleen H. Sullins 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 Air STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO, NCG050009 CERTIFICAICE OF COVERAGE No. NCG050190 STORIVIWATER DISCHARGES NATIONAL POLLUTANT DISi`HARGE ELIMINATION fYSTEM 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, Hickory Springs Mfg. Co. is hereby authorized to discharge stormwater from a facility located at Hickory Springs Mfg. Co. Hwy. 70-A East Hickory Catawba County to receiving waters designated as Cline Creek in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV of General Permit No. NCG050000 as attached. This certificate of coverage shall become effective July 22, 1994. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 22, 1994. original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission FACILITY 5��' ; h� 5-�y . Co. M COUNTY C a w 6 a WES AVG 0Sd1 q0 MAP # /N h1 DSN FLOW j� 1i SUB BASIN 0 3— b V -- 3 5 LATTITUDE 3 5 � 3 j / 6 !� LOPIGIT:I!DE V 1" M/ 3 6 REcE-lVIi-,G STREAM STREAM CLASS C DISCHARGE CLASS b r �► w a7 e r EXPIRATION DATE V11,1/ 17