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NCG060345_COMPLETE FILE - HISTORICAL_20130517
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v U& o W� `I S DOC TYPE \ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ 2OIS 95- 1 -� YYYYMMDD - RECE,VED DIVISION OF WATER QUALITY MAY 2 3 2013 NCDENR5,s,1P Z �tCMON North Carolina Department of Environment and Natural Resourit@gESVILL E REGIONAL OFFICE Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla Governor Director Secretary May 17, 2013 Mr. Thomas M. Lash Safety, Health & Environmental Mgr. Ei Inc. 2865 North Cannon Blvd. Kannapolis, NC Subject: General Permit No. NCG060000 Ei. Inc COC NCG060345 Rowan County Dear Mr. Lash: In accordance with your application for a discharge permit received on March 22, 2013, 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 October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. 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 the Division of Water Quality, the Division of Energy, Minerals, and Land Resources or any other state, federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Boyd DeVane at telephone number (919) 807-6373. Sincerely, for Charles Wakild, P.E. cc: Mooresville Regional Office Central Files Stormwater Permitting Unit Files Wetlands and Stomrvrater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, !North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6€94 Internet www.ncwat"uality.org An Equal opportunity 1 Affirmative Action Employer NorthCarolina AdAm lY STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG060000 CERTIFICATE OF COVERAGE No. NCG060345 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, Ei Inc. is hereby authorized to discharge stormwater from a facility located at 2865 North Cannon Blvd. Kannapolis, NC to receiving waters designated as a Class WS-IV water in the Yadkin River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III, IV, V, and VI of General Permit No. NCG060000 as attached. This certificate of coverage shall become effective May 17, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 17, 2013. for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission :1, i � - �-I` f S � �•' t" ;-' x rare ! ,t'� '��r + . ,'' jw *�-•iy � r- tit' ri"r `*� ,� �'' f �"� �'�. ,x��a � �n�� , m ! r�4'ry.'4}}�NO ±`.� `'rK-�1-J j4r �u �ti{� r �. itL y ,,..`;t'� ^� +n' 4-=^'.rFr__L�1� '4�`R zjL�ih - �� .}``� y,- b.�✓ n7 Lp Vo aY� , �y Rf. Jvy-r 1 O LLB'_ . rr Debtor Ei LLC Name United States Bankruptcy Court Middle District of North Carolina Case number. 18-50945 EIN 90-094&099- r Date case filed in chapter 11 9l7/1 a r Date case converted to chapter 7 10/31/18 Official Form 309D (FQr'Coroorations or Partnec�h Notice of Chapter 7 Bankruptcy Case --' Proof of Claim. Deadline Set 12/15 For the debtor listed above, a case has been filed under chapter 7 of the Bankruptcy Code. An order for relief has been entered. This notice has important information about the case for creditors, debtors, and trustees, including information about the meeting of creditors and deadlines. Read both pages carefully. The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts from the debtor or the debtor's property. For example, while the stay is in effect, creditors cannot sue, assert a deficiency, repossess property, or otherwise try to collect from the debtor. Creditors cannot demand repayment from debtors by mail, phone, or otherwise- Creditors who violate the stay can be required to pay actual and punitive damages and attome)rs tees. To protect your rights, consult an attorney. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below or through PACER (Public Access to Court Electronic Records at www.oacer.aov) The staff of the bankruptcy clerk's office cannot give legal advice. Do not file this notice with any proof of claim or other filing in the case. 1 • -Debtor's full name Ei LLC 2. All other names used in dba Ei Acquisition LLC, dba Ei, Inc. r the last S years - 3. Address 2865 N. Cannon Blvd, Kannapolis, NC 28083-9124 4. Debtor's attorney John A. Northen Contact phone (919) 968-4441 Name and address P. O. Box 2208 Chapel Hill, NC 27514-2208 5. Bankruptcy trustee C. Edwin Allman III Contact phone (336) 722-2300 Name and address P. O. Drawer 5129 Winston-Salem, NC 27113-5129 6. Bankruptcy clerk's office 226 S. Uberty Street Hours open: ' Monday -Friday Documents in this case may Winston-Salem, NC 27101 8:00 AM - 5:00 PM be filed at this address. Contact phone (336) 397-7785 You may inspect all records filed in this case at this office Date: i 111/18 or online at www.o6,cer.ggy. 7• Meeting of creditors December 7, 2018 at 09:00 AM Location: The debtor's representative Creditors Meeting Room, First Floor, must attend the meeting to be The meeting may be continued or adjourned to a 226 South Liberty Street, questioned under oath. later date. If so, the date will be on the court Winston-Salem, NC 27101 Creditors may attend, but are docket. not required to do so. RECEIVED For RECE�VED� age 2 Noll 0 6 2018 DEMAND DUALITY STORMWATER PERMITTING D�ENNRR-pLANDO�UALITY Official Form 309D (For Corporations or Partnerships) Notice of Chapter 7 Bankruptcy Case — ProofToQf Creel. LT%. p� S MITTIN- page 1 018075 40608018093010 Debtor El LLC Case number 18-50945 8. Deadlines Deadline for all creditors to file a proof of Filing deadline: 119/19 The bankruptcy clerk's office claim (except governmental units): must receive proofs of claim by the following deadlines. Deadline for governmental units to file a proof 180 days from date of Order for Relief of claim: A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be obtained at www.uscourts.gov or any bankruptcy clerks office. If you do not file a-, proof of claim by the deadline, you might not be paid on your claim. To be paid, you must file a proof of claim even 4 your claim is listed in the schedules that -the debtor filed. , Secured creditors retain rights in their collateral regardless o.f whether they file a proof of claim. Filing a proof of claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain. For example, a secured creditor who files a prof of claim may surrender important nonmonetary rights, including the right to a jury trial. Claims can be filed electronically through the court's website at: httpo//www.ncmb.uscourts.aoWelectronleproofclaFmform/ If filing by paper, see the Explanations page for information on obtaining a, proof of . claim form. 9. Creditors with a foreign. If you are a creditor. receiving a notice. mailed to a foreign address, you,may file a motion asking the court to extend the deadlines in this notice. Consult an attomey familiar with address United States bankruptcy.lav►i.if you have any questions about your. rights In this case. 10• Liquidation of the The bankruptcy trustee listed on the front of this notice will collect and sell the debtor's debtor's property and property. If the trustee can collect enough money, creditors may be paid some or all of the Pay>m payment of creditors' debts owed to them, in the order specified by the Bankruptcy Code. To ensure you receive claims any share of that money, you must file a proof of claim, as described above. OTICE: STATE OR FEDERALLY ISSUED PHOTO ID IS REQUIRED TO ENTER THE BUILDING. - - ELL PHONES OR WEAPONS ARE NOT ALLOWED. Public parking is not available at Court site. Please 'sit www.ncmb.uscourts.gov under Court Info, for parking information. Official Form 309D (For Corporations or Partnerships) Notice of Chapter 7 Bankruptcy Case — Proof of Claim Deadline Set • �ita`? af�w�i page 2 018075 40608018093010 SAT40608 0418-6 309D 18-50945 5-jfkn A. Northen P.O. Box 2208 Chapel HU NC 27514-2208 018075 19075 1 AB 0.405 27699 8 0 8674-1-19469 hllr111-1... l�l�ul��III101111II"1111111llll�������lll��ll�� NCDEQ-DIV OF ENERGY, MINERAL & LAND Attn: Managing Agent ATTN: STORMWATER BILLING 1612 MAIL SERVICE CENTER RAEIGN, NC 27699-1612 RECEIVE] NOV o 6 2018 DENR-LAND QUALITY STORMWATER PERMITTING Electronic Bankruptcy Noticing Go Green! Sign up for electronic notices. FREE! Receive notices 24 X l and days faster than through US Mail. Try our new Email Link service. To find out how, visit: htt :llbankru tc notices.uscourts. ov 018075 40608018093029 - Case 18-50946 Doc 219 Filed 10/16/18 Page 1 of 18 SO ORDERED. E SIGNED this 16th day of October, 2018. OA LEN9MA0§0RI JAMES UNITED STATES BANKRUPTCY JUDGE THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: ) Chapter 11 Product Quest Manufacturing, LLC, et al.,1 ) Case No. 18- 50946 (Jointly Administered) Debtors. ) ORDER (A) AUTHORIZING AND SCHEDULING AN AUCTION FOR THE SALE OF CERTAIN ASSETS, (B) APPROVING BIDDING PROCEDURES, (C) APPROVING THE FORM AND MANNER OF CERTAIN NOTICES, AND (D) SETTING A DATE FOR THE SALE HEARING THIS MATTER came before the Court after due notice and hearing on October 11, 2018 for purposes of an interim order establishing bidding procedures and other relief in connection with the Debtors' Motion For Entry Of Orders (A) Authorizing And Scheduling An Auction For The Sale Of Certain Assets, (B) Approving Bidding Procedures, (C) Approving The Form And Manner Of Certain Notices, (D) Setting A Date For The Sale Hearing, (E) Approving The Sale Of The Debtors' Assets To The Highest Or Best Bidder(S), And (F) Granting Related Relief (Dkt. 115, the "Sale 1 The Debtors in these cases are: (1) Ei LLC (Case No. 18-50945); (ii) Product Quest Manufacturing, LLC (Case No. 18-50946); (iii) Scherer Labs International, LLC (Case No. 18-50948); (iv) Product Quest Logistics, LLC (Case No. 18-50950); (v) JBTRS, L.L.C. (Case No. 18-50951); and (vi) PQ Real Estate LLC (Case No. 18-50952). The Debtors' service address is: 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083. 1 Case 18-50946 Doc 219 Filed 10/16/18 Page 2 of 18 Motion") filed by Product Quest Manufacturing, LLC, et al (collectively, the "Debtors"), pursuant to §§ 105, 363 and 365 of the Bankruptcy Code and Rules 2002, 6004, 6006 and 9006 of the Federal Rules of Bankruptcy Procedure. On October 10, 2018, the Debtors filed the Conditional Motion to Convert Case to Chapter 7 (Dkt. 186), and on October 11, 2018, the Bankruptcy Administrator filed the Motion to Convert Case to Chapter 7 or For Appointment of a Chapter 1 1 Trustee (Dkt. 192). Both motions to convert this case have been set for hearing on October 29, 2018, and if granted the Bankruptcy Administrator intends to nominate C. Edwin Allman, III to serve as the trustee (the "Trustee"). Upon consideration of the Sale Motion and the evidence submitted in support thereof, and it appearing that this Court has jurisdiction to consider the Sale Motion; that the relief requested in the Sale Motion is in the best interests of the Debtors, their respective estates, and all parties in interest; that adequate notice of the Sale Motion has been given; that exigent circumstances exist to justify a sale of the Debtors' assets pursuant to Section 363 of the Bankruptcy Code, rather than pursuant to a confirmed chapter 1 I plan under Section 1 129 of the Bankruptcy Code; that the sale is within the reasonable business judgment of the Debtors and is in the best interest of the estate, subject to the Trustee determining in his discretion whether to proceed with an Auction and if so, exposing the Sale Assets to bids and after further hearing to confirm the proposed sale; and, sufficient cause appearing therefore: IT IS HEREBY ORDERED THAT: I. The "Bidding Procedures" attached as Exhibit A are hereby approved by this Court and incorporated by reference as if set forth fully herein; provided however, the Bidding Procedures may be modified by the Trustee with the consent of Agent, subject to approval by the Court. The Bidding Procedures shall govern any Auction conducted in connection with the Sale. The failure specifically to include any particular provisions of the Bidding Procedures in this Order shall not diminish or impair the effectiveness of such provisions, it being the intent of this Court that the Bidding Procedures as attached hereto are authorized and approved in their entirety. 2 Case 18-50946 Doc 219 Filed 10/16/18 Page 3 of 18 2. The notice contemplated by the Sale Motion is adequate and sufficient notice of the proposed sale of the Sale Assets, the Auction, any proposed assumption and assignment of executory contracts or unexpired leases and any cure costs associated therewith and the Sale Hearing, and no additional notice need be given. Without limiting the generality of the foregoing, the Court specifically approves the "Sale Notice" attached as Exhibit B and the "Assignment Notice" attached as Exhibit C. 3. The final hearing (the "Sale Approval _Hearing") to consider the sale of some or all of the Sale Assets, including any proposed assumption and assignment of executory contracts and unexpired leases and proposed cure costs related thereto shall be held at 10:00 o'clock a.m., Eastern Time, on November 13, 2018, in the U.S. Bankruptcy Courtroom, 226 S. Liberty Street, Winston-Salem, North Carolina 27101. 4. Within three business days after entry of this Order (the "Bidding Procedures Order"), the Debtors shall serve copies of the Bidding Procedures Order, the Bidding Procedures and the Sale Notice on (i) the parties on the Master Service List, (ii) all other known creditors and other parties in interest, and (iii) all parties known by the Debtors to assert a lien or security interest in the Sale Assets (the persons listed in clauses (i) through (iii) are referred to collectively as the "Notice Parties"). 5. In addition, although not required by the Bankruptcy Code or Rules, the Debtors shall also provide copies of the Bidding Procedures Order, the Bidding Procedures and the Sale Notice to any parties who previously have expressed interest in acquiring all or a material portion of the Sale Assets. b. Within three days after the Auction, the Trustee shall serve a copy of the Assignment Notice upon the parties on the Master Service List and all non -debtor parties to the Debtors' executory contracts and unexpired leases whose contracts or leases are designated in a Prevailing Bid or a Back-up Bid to be assumed and assigned at and in conjunction with the closing of approved sales_ [end of document] 3 Case 18-50946 Doc 219 Filed 10/16/18 Page 5 of 18 THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: ) Chapter 11 Product Quest Manufacturing, LLC, el aL,2 ) Case No. 18- 50946 (Jointly Administered) Debtors. j BIDDING PROCEDURES The following procedures (the "Bidding Procedures") have been approved and authorized by order (the `Bidding Procedures Order") of the United States Bankruptcy Court for the Middle District of North Carolina (the "Bankruptcy Court') in the Chapter l l case of Product Quest Manufacturing, LLC, et al (the "Debtors"), which have been administratively consolidated as Case No. 18-50946 (the "Bankruptcy Case'), subject to review by the trustee appointed by the Court (the "Trustee") and revision by the Trustee with the consent of Agent. These procedures shall govern the proposed sale (the "Sale"), including any auction (the "Auction") conducted in connection therewith, of certain assets of the Debtors' bankruptcy estates pursuant to the Debtors' motion for an order authorizing the Sale and granting related relief (the "Sale Motion ,)3. 1. Sale Assets. The assets to be sold pursuant to these Bidding Procedures (the "Sale Assets") shall consist of the Debtors' real property (land, buildings and permanent fixtures), machinery and equipment, office furniture and equipment, vehicles, and customer lists and related data, unless sold, assigned, transferred, or otherwise administered in the Bankruptcy Case prior to the Auction; �rovid_ed however, the Sale Assets do not include the Excluded Assets (as defined below) unless the Trustee and Agent otherwise agree in writing. The Sale Assets may be sold in one or more separate "Lots" as determined by the Trustee and Agent in their sole discretion, in the configuration that would generate the highest gross sale price. ' The Debtors in these cases are: (i) Ei LLC (Case No. 18-50945); (ii) Product Quest Manufacturing, LLC (Case No. 18-50946); (iii) Scherer Labs International, LLC (Case No. 18-50948); (iv) Product Quest Logistics, LLC (Case No. 18-50950); (v) JBTRS, L.L.C. (Case No. 18-50951); and (vi) PQ Real Estate LLC (Case No. 18-50952). The Debtors' service address is: 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083. 3 Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Sale Motion. 5 Case 18-50946 Doc 219 Filed 10/16/18 Page 6 of 18 2. Excluded Assets. Specifically excluded from the Sale Assets are the following (collectively, the "Excluded Assets"): a. Cash now or subsequently held in bank accounts by the Debtors on behalf of the bankruptcy estate. b. Accounts receivable, deposits, or other debts or obligations owed to the Debtors by or from any party, including any right of setoff, recoupment or reconciliation. C. Minoxidil (2% and 5%) ANDA's, Chiggerex brand and formulation, and library of sun -care formulas. d. Inventory, including finished goods, work in process, raw materials, chemicals and packaging supplies. e. Computer servers and storage devices. f. Licenses and permits of any nature, other than executory contracts or unexpired leases which may be selected by a Prevailing Bidder or Back-up Bidder and which may be assigned and assumed pursuant to Section 365 of the Bankruptcy Code. g. Any customer owned equipment or intellectual property on loan to the Debtors, and other tangible or intangible assets with are the property of a party other than the Debtors. h. Unless otherwise agreed by the Debtors, any identified reserve samples ("retains"), stability data or documentation, and G M P documentation. i. The sale price to be delivered to the Trustee in connection with any approved sale. j. The Debtors' books, business and financial records, including emails, correspondence, batch records, tech transfer records, and stability data as required by the FDA and/or EPA. k. Insurance policies, any claims thereunder (whether asserted prior to or after the date of the Auction) and the proceeds thereof. I. Any claims or causes of action which may be asserted by or on behalf of the Debtors against any party, including but not limited to claims or causes of action under Code §§ 544, 547, 548, 549, 550 and 553. M. Any other assets that are expressly excluded by the Trustee from the Sale. G Case 18-50946 Doc 219 Filed 10/16/18 Page 7 of 18 3. Sale Free and Clear of Liens. Subject to consummation of the sale and payment in full of all consideration under the applicable asset purchase agreement(s), the Sale Assets shall be sold, transferred and conveyed free and clear of all liens (as that term is defined in the Bankruptcy Code) to the fullest extent permitted under Section 363 of the Bankruptcy Code, with all liens transferred to proceeds of sale with the same validity and priority as such liens applied against the Sale Assets immediately prior to the consummation of the sale, pursuant to the Sale Order which shall provide that the proceeds of the sale are remitted to Agent for application to the Prepetition Debt in accordance with the Cash Collateral Order and the Sale Approval Order, or as otherwise Ordered after notice and hearing. 4. Diligence by Prospective Bidders. The Debtors shall give notice of the proposed Sale and these Bidding Procedures to prospective bidders, receive and consider unsolicited offers for the Sale Assets in consultation with Agent, provide information to any such prospective bidder, and allow any such prospective bidder to conduct due diligence (limited to review of materials in the data room established by the Debtors and a site inspection for physical review of the Sale Assets) in connection with consideration of a potential bid for the Sale Assets; provided, however, that any such prospective bidder desiring to conduct due diligence shall (a) demonstrate the financial ability, as determined by Debtors and Agent in their reasonable discretion, to consummate a transaction for the purchase of the Sale Assets, and (b) execute a confidentiality agreement in a form acceptable to Debtors and Agent in their reasonable discretion. The Debtors shall file with the Court, on or before the Bid Deadline (as defined below), a statement identifying any prospective bidder that is not allowed to conduct due diligence because of a determination by Debtors that said person does not have the financial ability to consummate the purchase_ 5. Bid Requirements. Any entity that is interested in purchasing one or more Lots (a "Bidder") must submit to the Debtors a bid (an "Initial Bid") in conformance with this paragraph, in a manner such that the Initial Bid is received by the Debtors no later than the Bid Deadline. The Debtors shall have reasonable discretion (in consultation with Agent) in determining whether an Initial Bid is a conforming bid in accordance with the requirements of this paragraph. Every such Initial Bid must: a. Include an executed copy of a definitive Asset Purchase Agreement (the "Bidder's Agreement") specifying the assets to be purchased and liabilities to be assumed at closing as one or more of the Lots. The Bidder's Agreement shall not include any assets in addition to the Sale Assets unless otherwise agreed by Debtors and Agent in writing. The Bidder's Agreement shall be substantially in the same form as the Asset Purchase Agreement proposed by the Debtors (the "Form APA"), accompanied by a red -line document showing any and all differences between the Bidder's Agreement and the Form APA, and shall specify any executory contracts or unexpired leases which are to be assumed and assigned to the Bidder. 7 Case 18-50946 Doc 219 Filed 10/16/18 Page 8 of 18 b. Provide for a fixed price (the "-Sale Price"), subject to the ability to increase such price(s) at the Auction, payable in immediately available funds at closing. C. Be a "firm offer" subject only to final approval of the Bankruptcy Court, and not subject to further due diligence or conditional upon obtaining financing, internal approvals or any third -party approvals. d. Be accompanied by admissible evidence in the form of affidavits or declarations establishing the Bidder's good faith, within the meaning of section 363(m) of the Bankruptcy Code. e. Be accompanied by (1) financial statements or admissible evidence in the form of affidavits or declarations establishing that the Bidder is ready, willing, authorized, capable, and qualified, financially, legally, and otherwise, of unconditionally performing all obligations under the Bidder's Agreement in the event that it submits the prevailing bid at the Sale Hearing, and (ii) evidence that it is duly authorized and entitled to engage in the transaction contemplated by the Initial Bid without the consent of any entity that has not been obtained, in each case, in form and substance satisfactory to Debtors and Agent. f. Be accompanied by a deposit in an amount equal to five percent (5%) of the Sale Price (the "Deposit Amount") in the form of a wire transfer or cashier's check payable to counsel for the Debtors and to be held by such counsel in a non -interest -bearing segregated trust account pending completion of the Auction, and subject to the provisions of set forth below. g. Be accompanied by (i) a written acknowledgment and representation that the sale will be on an "as is," "where is" basis and that the Bidder had an opportunity to conduct, and is relying solely on, its own diligence in submitting its bid, (ii) a written acknowledgment and representation that such Bidder agrees to abide by and honor the terms of these Bidding Procedures and agrees not to submit a bid or seek to reopen the Auction after conclusion of the Auction, (iii) a commitment to consummate the sale on or before the date that is no later than 15 days after the Sale Hearing. 6. Bid Deadline. Any initial Bid must be delivered to the Debtors by 4:00 o'clock p.m. Eastern, on October 26, 2018 (the "Bid Deadline"). 7. Non -Conforming Bids. Any entity that fails to submit a timely, conforming Initial Bid, as set forth above, shall be disqualified from bidding for the Sale Assets at the Auction. At least five (5) days prior to the Auction Date, the Trustee shall file with the Court and serve upon such Bidder a statement explaining the grounds for disqualification u Case 18-50946 Doc 219 Filed 10/16/18 Page 9 of 18 ("Statement of Disqualification"). Any party in interest may contest the determination as to whether an Initial Bid is conforming, but any such contest must be served upon the Trustee and filed with the Bankruptcy Court by the Objection Deadline. 8. Auction Procedures. In the event that one or more timely, conforming Initial Bids are submitted (each person who has submitted such a timely, conforming Initial Bid and Agent shall be referred to herein as a "Qualified Bidder"), the Trustee shall conduct the Auction in which only Qualified Bidders may participate. The Auction shall be held on November 5, 2018 the "Auction Date"), commencing at 10:00 o'clock a.m. Eastern, at the Debtors' premises located at 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083 (or such other date, time or location as may be determined by the Trustee and communicated to all Qualified Bidders at least two (2) business days before the Auction), and shall be governed by the following procedures: a. All bidders shall be deemed to have consented to the core jurisdiction of the Bankruptcy Court, to have consented to the Constitutional authority of the Bankruptcy Court to enter a final judgment, and to have waived any right to jury trial in connection with any disputes relating to the Auction and/or the sale of the Sale Assets. b. Bidding will commence at an amount of the highest or otherwise best conforming Initial Bid submitted by a Qualified Bidder with respect to any given Lot, as determined by the Trustee and Agent in their reasonable discretion. The Trustee will conduct the bidding process for each Lot sequentially or concurrently as he may deem appropriate and in the best interests of the estates, in consultation with Agent. C. Each subsequent bid by a Qualified Bidder shall be in increments that increase that aggregate consideration above the previous bid by such amount as may be determined by the Trustee and Agent in their sole discretion. d. Each Qualified Bidder should be prepared to make its best and final offer at the Auction, and the Trustee reserves all rights to grant or deny any request for a continuance or recess of the Auction or the Sale Hearing, in consultation with Agent. e. The Trustee (after consulting with Agent) may announce at the Auction any modifications of or additional procedural rules that are reasonable under the circumstances for conducting the Auction so long as such rules are not in contravention with the Bidding Procedures in any material respect. f. Upon conclusion of the Auction, the Trustee shall designate the highest or otherwise best bidder as the prevailing bidder with respect to each Lot {the 01 Case 18-50946 Doc 219 Filed 10/16/18 Page 10 of 18 "Prevailing Bidders)") and the next highest or otherwise best bidder after the Prevailing Bidder (the "Back-up Bidder(s)"). g. The Trustee shall file a Report of Auction upon completion of the Auction, designating for each Lot the Prevailing Bidder and the Back-up Bidder, if applicable, setting forth in each instance the amount of the respective Bids_ 9. Back-up Bidder. Any objection to the designation of the Back-up Bidder shall be raised at the Sale Hearing and decided by the Bankruptcy Court. If, for any reason, the Prevailing Bidder is unable or unwilling timely to perform its obligations under the Prevailing Bidder's definitive sale agreement and the Bidding Procedures, the Trustee in the exercise of his business judgment may sell the Sale Assets to the Back-up Bidder without further notice or a hearing. The Back-up Bidder's bid shall remain open and binding until the sale to the Prevailing Bidder closes or, if the Prevailing Bidder is unable or unwilling to close and the Trustee elects to sell to the Back-up Bidder, until the sale to the Back-up Bidder closes. 10. Objection. Any objection to the Sale Motion, a Statement of Disqualification, the Auction, the designation of the Prevailing Bidder or the Back-up Bidder, the proposed assumption and assignment of any executory contracts or unexpired leases, or entry of the Sale Order (an "Objection") must be filed with the Bankruptcy Court and served upon (i) C. Edwin Allman, III, Trustee, PO Box 5129, Winston-Salem, NC 27113 email: ceallman wallmanspry.com, or such other person as may be appointed by the Court as trustee, (ii) Robert E. Price, Jr., counsel for the Bankruptcy Administrator, 101 S. Edgeworth St., Greensboro, NC 27401 email: Robert E l'riccLdncmba.uscourts.gov, and (iii) Dimitri G. Karcazes, counsel for Madison Capital Funding LLC, as Agent for the Lenders, 55 East Monroe Street, Suite 3300, Chicago, IL 60603 email: dimitri.karcazes(q},goldber,,kohn.com, in a manner such that the Objection is filed with the Bankruptcy Court and received by such parties on or before 4:00 o'clock p.m. Eastern time on November 9, 2018 (the "Objection Deadline"). The Trustee and other parties in interest shall not be required to file responses to any Objection. 11. Sale Approval Hearine. The final hearing to approve the Prevailing Bidder and the Back-up Bidder for each Lot (the "Sale Approval Hearing") shall be held before the Bankruptcy Court at 10:00 o'clock a.m. Eastern time on November 13, 2018, in the. U.S. Bankruptcy Courtroom, 226 S. Liberty Street, Winston-Salem, North Carolina 27101. The Prevailing Bidder and the Back-up Bidder, if one is designated, shall appear at the Sale Approval Hearing, in person or through a duly authorized representative and not solely through counsel. 12. Business Judgment. The Trustee may elect to cancel the Auction or, if the Trustee elects to proceed with the Auction the Trustee may, in consultation with Agent, recommend a sale of one or more Lots to any Qualified Bidder pursuant to a bid which the Trustee determines, exercising reasonable business judgment, to be in the best interests of the bankruptcy estate. The Trustee may, in consultation with Agent, reject, at any time before the entry of an order of the Bankruptcy Court approving a bid from a Case 18-50946 Doc 219 Filed 10/16/18 Page 11 of 18 Qualified Bidder, any bid that is deemed inadequate or insufficient, not in substantial conformity with the Bankruptcy Code or these Bidding Procedures, or contrary to the best interests of the estate and its creditors. In exercising business judgment as to which bid constitutes the highest or otherwise best bid the Trustee may, in consultation with Agent, consider all factors which they may deem relevant, subject to the parties' right to object and raise any such issues with the Bankruptcy Court. 13. _Disposition of Deposits. In the event the Trustee elects to cancel the Auction, the Trustee shall promptly notify all Bidders and direct counsel for the Debtors to return all deposits. If the Trustee proceeds with the Auction, then promptly following the Bankruptcy Court's determination of the Prevailing Bidder for each Lot, the deposits submitted by any Bidders shall be refunded to each unsuccessful bidder other than the Back-up Bidder for each Lot, if any. The deposits of the Prevailing Bidder(s) and the Back-up Bidder(s) for each Lot shall be retained as earnest money to be used in the following ways: a. The deposit of the Prevailing Bidder for each Lot shall either be (i) applied at closing as a credit toward the purchase price of the Prevailing Bidder or, if the purchase price is paid in full at closing, returned to the Prevailing Bidder, (ii) if the sale to the Prevailing Bidder shall fail to timely close by reason of a breach or default of the Prevailing Bidder, the deposit shall be retained by the Debtors' estate as liquidated damages, or (iii) in the event that the sale to the Prevailing Bidder shall fail to timely close by reason of a breach or default of the Trustee, the deposit shall be returned to the Prevailing Bidder. b. The deposit of the Back-up Bidder for each Lot shall either be (i) returned to the Back-up Bidder upon the closing of the transaction with the Prevailing Bidder, (ii) if the sale to the Prevailing Bidder shall fail to close for any reason, applied at closing as a credit toward the purchase price of the Back-up Bidder, (iii) if the sale to the Back-up Bidder shall fail to timely close by reason of a breach or default of the Back-up Bidder, retained by the Debtors' estate as liquidated damages, or (iv) if the sale to the Back-up Bidder shall fail to timely close by reason of a breach or default of the Trustee, the deposit shall be returned to the Back-up Bidder. 14. Closing Date. The closing of the sale(s) of the Sale Assets must occur as soon as practicable but in any event within 3 days of the date on which the Sale Order becomes a final, non -appealable order (or such later date as the Trustee and Agent may agree). [end of document] Case 18-50946 Doc 219 Filed 10/16/18 Page 13 of 18 THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: ) Chapter 11 Product Quest Manufacturing, LLC, et aL,4 ) Case No. 18- 50946 (Jointly Administered) Debtors. ) } SALE NOTICE TAKE NOTICE that certain bidding procedures (the `Bidding Procedures") have been approved and authorized by order (the "Bidding Procedures Order") of the United States Bankruptcy Court for the Middle District of North Carolina (the "Bankruptcy Court") in the Chapter 11 case of Product Quest Manufacturing, LLC, et al (the "Debtors"), which have been administratively consolidated as Case No. 18-50946 (the "Bankruptcy Case"). On October 10, 2018, the Debtors filed the Conditional Motion to Convert Case to Chapter 7 (Dkt. 186), and on October 11, 2018, the Bankruptcy Administrator filed the Motion to Convert Case to Chapter 7 or For Appointment of a Chapter 1 1 Trustee (Dkt. 192). Both motions to convert this case have been set for hearing on October 29, 2018, and if granted the Bankruptcy Administrator intends to nominate C. Edwin Allman, III to serve as the trustee (the "Trustee"). The Bidding Procedures govern the proposed sale (the "Sale"), including any auction (the "Auction") conducted in connection therewith, of certain assets of the Debtors' bankruptcy estates pursuant to the Debtors' motion for an order authorizing the Sale and granting related relief (the "Sale Motion"). A copy of the Bidding Procedures Order, the Bidding Procedures and the Form APA may be obtained on written request to the Debtors or their counsel. Bid Deadline. Any Initial Bid must be delivered to the Debtors by 4:00 o'clock p.m. Eastern, on October 26, 2018 (the "Bid Deadline"). 4 The Debtors in these cases are: (i) Ei LLC (Case No. 18-50945); (ii) Product Quest Manufacturing, LLC (Case No. 18-50946); (iii) Scherer Labs International, LLC (Case No. 18-50948); (iv) Product Quest Logistics, LLC (Case No. 18-50950); (v) JBTRS, L.L.C. (Case No. 18-50951); and (vi) PQ Real Estate LLC (Case No. 18-50952). The Debtors' service address is: 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083. 13 Case 18-50946 Doc 219 Filed 10/16/18 Page 14 of 18 Auction and Bidding Procedures. The Trustee may elect, in his discretion, to (i) cancel the Auction and direct the return of all deposits, or (ii) proceed with the Auction in accordance with the Bid Procedures. In the event that one or more timely, conforming Initial Bids are submitted (each person who has submitted such a timely, conforming Initial Bid shall be referred to herein as a "Qualified Bidder") and the Trustee elects to proceed, the Trustee shall conduct the Auction in which only Qualified Bidders may participate. The Auction shall be held on November S, 2018 (the "Auction Date"), commencing at 10:00 o'clock a.m. Eastern, at the Debtors' premises located at 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083 (or such other time, date and location as may be determined by the Trustee and communicated to all Qualified Bidders at least two (2) business days before the Auction), and shall be governed by the Bidding Procedures. Objection. Any objection to the Sale Motion, a Statement of Disqualification, the Auction, the designation of the Prevailing Bidder(s) or the Back-up Bidder(s), or entry of the Sale Order (an "Objection") must be filed with the Bankruptcy Court and served upon (i) C. Edwin Allman, III, Trustee, PO Box 5129, Winston-Salem, NC 27113 email: ceallman(ud.allmansprv.com, or such other person as may be appointed by the Court as trustee, (ii) Robert E. Price, Jr., counsel for the Bankruptcy Administrator, 101 S. Edgeworth St., Greensboro, NC 27401 email: Robert E Pricenncmba.uscourts.M, and (iii) Dimitri G. Karcazes, counsel for Madison Capital Funding LLC, as Agent for the Lenders, 55 East Monroe Street, Suite 3300, Chicago, IL 60603 email: dim itri.karcazes2wgoldbergkohn.com, in a manner such that the Objection is filed and received by such parties and the Bankruptcy Court on or before November 9, 2018 (the "Objection Deadline"). The Trustee and other parties in interest shall not be required to file responses to any Objection. Executory_ Contracts and Unexpired Leases. The Bidding Procedures contemplate the possible assumption of certain executory contracts and unexpired leases and the assignment of these contracts and leases to the Prevailing Bidders or Back-up Bidders in the event assumption and assignment of such contracts and leases is specified by the such Bidders. The Trustee may seek authority to assume and assign executory contracts and unexpired leases designated by Prevailing Bidders or Back-up Bidders in conjunction with the proposed auction, and in such event the Trustee will serve a copy of the Assignment Notice, fixing the cure amounts identified therein as the exact amounts that must be paid by the purchaser to the non -debtor parties to the Assumed Contracts (the "Cure Costs") upon the parties on the Master Service List and all non -debtor parties to such executory contracts and unexpired leases by November 7, 2018 14 . Case 18-50946 Doc 219 Filed 10/16/18 Page 15 of 18 Sale Approval Hearing. The final hearing to approve the Prevailing Bidder and the Back-up Bidder for each Lot (the "Sale Approval Hearing") shall be held before the Bankruptcy Court at 10:00 o'clock a.m. Eastern time on November 13, 2018, in the U.S. Bankruptcy Courtroom, 226 S. Liberty Street, Winston-Salem, North Carolina 27101. The Prevailing Bidder(s) and the Back-up Bidder(s), if designated, shall appear at the Sale Approval Hearing, in person or through a duly authorized representative and not solely through counsel. [end of document] I 15 Case 18-50946 Doc 219 Filed 10/16/18 Page 17 of 18 THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: ) Chapter 11 Product Quest Manufacturing, LLC, et at,' ) Case No. 18- 50946 (Jointly Administered) Debtors. ) ASSIGNMENT NOTICE TAKE NOTICE that certain bidding procedures (the "Bidding Procedures") were approved and authorized by order (the `Bidding Procedures Order") of the United States Bankruptcy Court for the Middle District of North Carolina (the "Bankruptcy Court') in the Chapter 11 case of Product Quest Manufacturing, LLC, et al (the "Debtors"), which have been administratively consolidated as Case No. 18-50946 (the "Bankruptcy Case'). On October 10, 2018, the Debtors filed the Conditional Motion to Convert Case to Chapter 7 (Dkt. 186), and on October 11, 2018, the Bankruptcy Administrator fled the Motion to Convert Case to Chapter 7 or For Appointment of a Chapter 11 Trustee (Dkt. 192). Both motions to convert this case have been set for hearing on October 29, 2018, and if granted the Bankruptcy Administrator intends to nominate C. Edwin Allman, III to serve as the trustee (the "Trustee"). The Bidding Procedures govern the proposed sale (the "Sale"), including any auction (the "Auction") conducted in connection therewith, of certain assets of the Debtors' bankruptcy estates pursuant to the Debtors' motion for an order authorizing the Sale and granting related relief (the "Sale Motion"). The Bidding Procedures contemplate the possible assumption of certain executory contracts and unexpired leases and the assignment of these contracts and leases to the Prevailing Bidders or Back-up Bidders in the event assumption and assignment of such contracts and leases are specified by such Bidders in conjunction with their respective Bids. The Debtors in these cases are: (i) Ei LLC (Case No. 18-50945); (ii) Product Quest Manufacturing, LLC (Case No. 18-50946); (iii) Scherer Labs International, LLC (Case No. 18-50948); (iv) Product Quest Logistics, LLC (Case No. 18-50950); (v) JBTRS, L.L.C. (Case No. 18-50951); and (vi) PQ Real Estate LLC (Case No. 18-50952). The Debtors' service address is: 2865 N. Cannon Blvd., Kannapolis, North Carolina 28083. 17 Case 18-50946 Doc 219 Filed 10/16/18 Page 18 of 18 , The Trustee intends to seek authority to assume and assign such executory contracts and unexpired leases in conjunction with approval and closing of the Prevailing Bids or Back-up Bids, respectively. The Trustee also intends to request that the Sale Order include provisions (i) authorizing the Debtors to assume and assign those executory contracts and unexpired leases which were designated by the Prevailing Bidders or Back- up Bidders pursuant to Section 365 of the Bankruptcy Code (the "Assumed Contracts"), (ii) fixing the cure amounts identified in the Assignment Notice as the exact amounts that must be paid to the non -debtor parties to the Assumed Contracts (the "Cure Costs"), (iii) authorizing and directing the purchasers to pay the Cure Costs at the closing, and (iv) deeming the parties to the Assumed Contracts adequately assured of future performance. The Prevailing Bidder(s) and the Back-up Bidder(s) designated certain Assumed Contracts as set forth on the attached Schedule, which identifies each such the contract or lease, the parties thereto, the name and contact information for the Bidder, and the Cure Costs, respectively. Any objection to the assumption and assignment of an Assumed Contract, the amount(s) stated as Cure Costs, or the adequacy of assurance of future performance must be filed with the Bankruptcy Court and served upon (i) C. Edwin Allman, I11, Trustee, PO Box 5129, Winston-Salem, NC 27113 email: ceallmann.allmanspry.com, or such other person as may be appointed by the Court as trustee, (ii) Robert E. Price, Jr., counsel for the Bankruptcy Administrator, 101 S. Edgeworth St., Greensboro, NC 27401 email: Robert E Price nncmba.uscourts.mov, and (iii) Dimitri G. Karcazes, counsel for Madison Capital Funding LLC, as Agent for the Lenders, 55 East Monroe Street, Suite 3300, Chicago, IL 60603 email: dimitri.karcazes(Li�izoldbergkolin.coni, in a manner such that the Objection is filed and received by such parties and the Bankruptcy Court on or before November 9, 2018 (the "Objection Deadline"). The Trustee and other parties in interest shall not be required to file responses to any Objection. The final hearing to approve the Prevailing Bidder and the Back-up Bidder for each Lot, and in conjunction therewith the assumption and assignment of the Assumed Contracts (the "Sale Approval Hearing"), shall be held before the Bankruptcy Court at 10:00 o'clock a.m. Eastern time on November 13, 2018, in the U.S. Bankruptcy Courtroom, 226 S. Liberty Street, Winston-Salem, North Carolina 27101. [end of document] lu 1 ALF V WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director May 17, 2013 Mr. Thomas M. Lash Safety, Health & Environmental Mgr. Ei Inc. 2865 North Cannon Blvd. Kannapotis, NC Subject: General Permit No. NCG060000 Ei. Inc COC NCG060345 Rowan County Dear Mr. Lash: John E. Skvada Secretary In accordance with your application for a discharge permit received on March 22, 2013, 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 October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. 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 the Division of Water Quality, the Division of Energy, Minerals, and Land Resources or any other state, federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Boyd DeVane at telephone number (919) 807-6373. Sincerely, /3V 4q-02... for Charles Wakild, P.E. cc: Mooresville Regional Office Central Files Stormwater Permitting Unit Files Wetlands and 5tom water Branch 1617 Mail Senrice Center. Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St Ralegh, North Carolina 27604 Phone: 91 "07-63001 FAX: 919-807-6494 internet www.nmvaterqual4.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Xaturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG060000 CERTIFICATE OF COVERAGE No. NCG060345 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, Ei Inc. is hereby authorized to discharge stormwater from a facility located at 2865 North Cannon Blvd. Kannapolis, NC to receiving waters designated as a Class WS-IV water in the Yadkin River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I1I, IV, V, and VI of General Permit No. NCG060000 as attached. This certificate of coverage shall become effective May 17, 2013, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 17, 2013. for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission lr k g_9 r a { 77 - - 1 � Yt : `'�'F�`'4'`• rsr� �� _ � ,,� ,tom �� +��yfy'���,, � � , ,- F rp- �i�i-Sy4L�••;. „-f:—ief{t •,�,' 4wi fwl- ef- 1.6 j'■T�j �_ r yr'h i L�2I� k] �� �y �- L, { y {� I ` ►'�1' 4 r- .F ,'�,r �• - ,f•��i.. i'' I � i �- t tea• �K }'Y i r�i+rt' M^P trJ4 r-1'I� j'�:�3k�Csjs, ��f�.s`r�► -1 r/ yy, _ �f� Q'i - r / Lsi-.r'S'f'r A r. •r/;:' NK - �•`� - _ 5- il'YN ifLLi_ • 011 NCDENR t MV � OfAn� M20-Acm NOTICE OF INTENT Division of Water Quality 1 Surface Water Protection Section National Pollutant Discharge Elimination System NCG060000 FOR AGENCY USE ONLY Date Received Year Month Da Certificate of Coverage GO hmek # A omt ft Permit Ass"Ass4ped to wn National Pollutant Discharge Elimination System application for coverage under General Permit NCG060000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard industrial Classification) 20 Food and Kindred Products SIC 21 Tobacco Products SIC 283 Drugs SIC 284 Soaps, Detergents, & Cleaning Preparations; Perfumes, Cosmetics, & Other Toilet Preparations SIC 422 Public Warehousing and Storage (except 4226) For questions, please contact the DWQ Regional Office for your area. See page 4. Do Not use this NOl for renewals. (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Name Street Address City Telephone No. Er rNG. aS(.,Sr Cw,vrvon► aiv'. KA1'1V - 4r"S State MG ZIP Code i3 2-3 704 `i3lf- 43cD Fax: 7c4 933-lo,a 2) Location of facilityproducing discharge: Facility Name Facility Contact Facility Address Facility City Facility County Telephone No. Email iWK01 L 4514 4tWw"V;JS _ State mt- ZIP Code .28-693 RCWA-r C"OU.vTY _ •74q 139-4..4"o Fax: 7o,i 43-?-/.0/6 41o�sin t•Jo;�vfic.✓yVo!ks,eP� 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). "rAkf E1<t i 52 off .t^ss 6-v-> i4rRD ,vv. Tu -. U.5, 2fj ( NL.zrt CwN:+oN i3LvD1 ;PiZ SCVrt.rl AU6J. F0,CtLtt%f tS C,,V Irl4p t_.EFT. (A copy of a county map or USGS quad sheet with the facility dearly located must be submitted with this 4) Latitude .3S° .3z' of .-W' r4 Longitude W 31,-- 33, if W (deg, min, sec) 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility fA Existing Date operation is to begin swig MAR 2 22013 Page 1 of 4 SWU-221 Last revised 11/15/12 NCG060000 N.O.I. 6) Standard Industrial Classification: Provide the 4-digit Standard Industrial Classification code (SIC code) that describes the primary industrial. activity at this facility. SIC code: Z" 84 4 7) Activities a) Provide a brief narrative description of the types of industrial activities and products manufactured at this facility: 0crELo;5 PWO ,1 awvFt-(Tyz" [/.V-10 4-.v,) sc i-Soiibg Rx, 07c Ti}Ei'AP4u-Tic SKt-if [Aap. J11VO 4rv1U+.4L ff�riLTi! pR�Je7S b) Check all activities occurring at this facility: ❑ use or process meats ❑ use or process animal fats/byproducts 8) Discharge points / Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? -3 What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater discharges end up in? U.rN4.%A Tf PuA�;-, AR-� Ca;.q Wp-[e-ZC IzEr-K Tr, L%4scj- t iSµrTt Receiving water classification: Ws-= Is this a 303(d) listed stream? n!o Has a TMDI_ been approved for this watershed? ND If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). WIA W 9) Does this facility have any other NPDES permits? ❑ No ® Yes If yes, list the permit numbers for all current NPDES permits for this facility: .LoA rek'Mri u,,.love 10) Does this facility have any Non -Discharge permits (ex: recycle permit)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑ No ® Yes (Show any structural BMPs on the site diagram.) If yes, please briefly describe: BKFs a+zE R,cPiA(u u cN itst; Sc(c. DkLA&a'&rA. 12) Does this facility have a Stormwater Pollution Prevention Plan? ® No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? 9 No ❑ Yes Page 2of4 SWU-221 Last revised 11/15/12 NCG060000 N.0.1. Final Checklist This application will be returned as incomplete unless all of the following items have been included: ® Check for $100 made payable to NCDENR. Must be included with this application (not sent separately). This completed application and all supporting documents. A site diagram showing, at a minimum, (existing or proposed): (a) outline of drainage areas, (b) stormwater management structures, (c) location of stormwater outfalls corresponding to the drainage areas, (d) runoff conveyance features, (e) areas where materials are stored, loaded, and unloaded, (f) impervious areas, (g) site property lines. 9 Copy of county map or USGS quad sheet with the location of the facility clearly marked on the map. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee coverage under the General Permit. For questions, please contact the DWO Regional Office for your area. DWO Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office _........ (919) 807-6300 Page 4of4 SWU-221 Last revised 11/15/12 r NCG060000 N.O.I. 14) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? JX No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? 0 No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ❑ No ® Yes d) Is hazardous waste stored in the 100-year flood plain? ® No ❑ Yes If yes, include information to demonstrate protection from flooding. e) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: i-All SOLVEWrs oJoip F Aem iv c.r: How is material stored: Secvaeo Aug LviTtt Sete. aAa �l UtJ74hvrfcFa.r Era L c i[ s Where is material stored: .I-k DE w AcF,+j,, S_F CazNF z c� How many disposal shipments per year: 7 Name of transport / disposal vendor: fyrizf.44-rwvr4ay.weur+4t Vendor address: 7-71 Y?AL-TW i4O- CHARLo-ME, tiff_ 2sZc;. 15) Certification: North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit_ I certify that I am familiar with the information contained in this application and that to the best of my knowledge and relief such information is true, complete, and accurate. Printed Name of Person Signing: n :+r. c 44,6i Title: SAFE-ry 99"7W ,'_bNy/Rr.v».eNTANr¢vq f (Signature of Applicant) zOPK*e13 (Date Signed) This Notice of Intent must be accompanied by a check or money order for $100.00, made payable to: NCDENR. Do not send the check or money order separately. Page 3 of 4 SWU-221 Last revised 11/15/12 10--". A PHARMACEUTICAL SOLUT[ONWORKS" March 20, 2013 Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ATTN: Ms. Marcia Allocco 704 .939 .4300 0 704.933 3010 fD www.eisolutionworksxorn 2865 North Cannon Blvd, KannapDlis. NC 28083 Re: NOTICE OF INTENT NPDES General Permit NCG060000 In response to Certified Mail #7010 1870 0001 1558 1269 Dated 19 Feb 2013, Ei Inc. submits a Notice of Intent National Pollutant Discharge Elimination System application for coverage under General Permit NCG060000 for its establishment located at 2865 N. Cannon Blvd. Kannapolis, NC. In addition to the Notice of Intent application, the following items have been included as part of the submittal package: 1. Check for $100 made payable to NCDENR 2. A site diagram conveying the required information 3. A copy of the USGS quad sheet with the location of the facility clearly marked. A Stormwater Pollution Prevention Plan is currently being implemented in anticipation of being granted coverage under the General Permit. Ei Inc. remains committed to providing a safe and healthy workplace for all of our employees and fulfilling our regulatory commitments. Thank you for your assistance in this regard. Respectfully submitted, Thomas M. Lash Safety, Health & Environmental Manger Ei Inc. BEST MANGEMENT PRAMCF.S The onsite drainage systems for Outfails A&B collect localized water from catch basins, inlets and gutters, transport the stormwater by gravity through a system of underground pipes where it is tied directly into the NCDM drainage system of North Cannon Boulevard- There is no offsite water collated and transported through the site. The NC.DOT drainage was sized in accordance to NC DOT regulations and has adequately accepted and transported the stormwater. The NC -DOT is responsible for ensuring that the water as it is released from their system is engineered such that no downstream erosion can occur. There is no erosion, denuded. or unstahilized areas onsite that would cause detrimental effects to downstream waters. The Outfall C drainage system collects localized water from catch basins. inlets. and gutters and transports the stormwater by gravity to an open area near the B/W of Hickory Street. This area is filled with rock. np/rap, trees. and vegetation and serves as a buffer to the NC.DOT stormwater system Energy from the stormwater is rr_leased and the stormwater is allowed to enter into the culvert and downstream creek with natural non -erosive velocities. There is no erosion. denuded. or unstabiiized areas onsite that would cause detrimental effects to downstream waters. 0 A..m mrawn mw.,� ..m era �1 magic ..�sra q maoc .rna 'aP � ® stm tea.¢ .ant G � wrr —, T smm,aw m�.ena ua �— us eae ' �.n,.^ wmsnawo nr� ue f� Outfall A AREA = 16.39 ACRES Outfall B TOPO! map printed on 03/18/13 from "Ei USGS Map.tpo" 80637.000' W B0036.000' W 80'35.000' W y WG594 50'34.000' W j 1`�� r�, �5%� f,��~ r� c ��11� hh�` f � ` _•�` \�1�I ` 1 �r�-�;�� ,�� � _ �i� Ln o � _1f'� ti - ,� J �'"�� • � --�� � 11 �` v �'1 +;mot �ti.- �,y ,`lTa--. 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