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HomeMy WebLinkAboutNCG030261_COMPLETE FILE - HISTORICAL_20170817STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. Iv GC 0 3 Da( DOC TYPE D� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ 0?_0 / 7 0 � I YYYYM M DD A'kTT.W'FAA �w NCDENR Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Manth Da A- 9(/q iq 1. Please enter the permit number for which the change is requested. NPD1 S Permit (or) Certificate of Coverage 0 1 3 1 0 1 2 1 6 1 1 H. Permit status prior to requested change. a. Permit issued to (company name): SUPERIOR ESSEX COMMUNICATIONS, LP b. Person legally responsible for permit: PHILLIP A BENSON First MI Last RECEIVED MANAGER/ EHS Title Title 2801 ANACONDA RD i +� AUGr} L 1 r 20117 Permit Holder Mailing Address pENR-LAND QUALITY TARBORO TARBORO NC 27886 STORMWAIER PERMITTING{ state zip 252 ) 824-3530 Phone Fax c. Facility name (discharge): SUPERIOR ESSEX COMMUNICATIONS, LP d. Facility address: 2801 ANACONDA RD Address TARBORO NC 27886 City State Zip c. Facility contact person: MICHAEL E SEARS ( 252) 824-3545 First / MI 1 Last Phone IIl, Please provide the following for the requested change (revised permit). a. Request for change is a result of. ® Change in ownership of the facility Name change of the facility or owner tf other please explain: b. Permit issued to (company name): LS CABLE & SYSTEM USA, INC. , c. Person legally responsible for permit: DONGSUNG AHN First MI Last PI ANT MANAGER Title 2901 ANACONDA RD Permit Holder Mailing Address TARBORO NC 27886 City State Zip (252 ) 524-3525 DAVID.AHN@SPSX.COM Phone E-mail Address d. Facility name (discharge): LS CABLE & SYSTEM USA, INC e. Facility address: 2901 ANACONDA RD Address TARBORO NC 27886 City State Zip f. Facility contact person: RAY T WEIDINGER First Ml Last ( 252) 823-5111 EXT 3307 raymond.weidinger@spsx.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: RAY T WEIDINGER First M I Last MANUFACTURING ENGINEER II Title 2901 ANACONDA RD Mailing Address TARBORO NC 27886 City State Zip ( 252 ) _ 823-5111 EXT 3307 raymond.weidinger@spsx.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes ❑ No (please explain) V1. Required Items: THIS APPLICATION WILL HE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. P TEE CERTIFICATION (Permit holder prior to ownership change): I, itest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if required supporting information is not included, this application package will be returned as in p t %Ach Signature Date APPLICANT CERTIFICATION I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. ignature Date ..................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 At .-, j Page 1 of 3 �l 16 5 9 KBO I S i 11111111a1111MIN11 aeo Ia: ooa1787 Mom Pe: CAP Reaordsd: DE/E1/2017 at Q8.1g:62 AM Fee AM: $2E.O0 PRpe t of E EDDECOrBE CDUNTY NORTH CAADLINA Robin W. arsavalj ReaLster of Deeds oK1659 Pal156-1 S Certificate of Merger NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS: Grantor: Superior Telecommunications Inc. Grantee: Superior/Essex Corp. Drawn By: Delaware Secretary of State Return: Robinson BnWshaw & Hinson 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 Book:1659 Page:1156 Seq:1 Pogo 2 of 3 mwl 1 6 5.9 hor�l,19 Delaware The First State Page 1 I, Jl9r7RSY B. BULLOCK, SECRETARY OF SPATS OF THE STAIW OF DELAAIU, DO EZREBY CERTIFY THE CSRTIFICATS OF MERGER NOXCH MERGES: "817PERIOR TSLECOWNWICATIONS LNC.", A GEORGIA CORPORATION, WITH AND INTO "SaPSRIOR/ESSEN CARP." UNDER THE JUM OF "SOPSRYOR TSLSCCNM MICATIONB INC.", A CGRFORATIOAI ORGANSBSD AND EXISTING UNDER TEE LAW OF TES STATE OF DS" A N, tiVfAS RSCSIVSD AND FILED IN THIS OFFICE THE TIXID4TY-THIRD DAY OF DSC1l =, A.D. I999, AT 9 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY viar THE AFORESAID CORPORATION SHALL BE GOvzmD BY THE Lmm OF TEE 8TAT8 OF DSLAtYARS. AND I DO HSRSBY FORTHSR CERTIFY TRAT THS AFORESAID LIMITED PARTIVl MEXP I8 DULY POMIl :D UNDER THE LAWS OF THS STATE OF =JUVARB AND I8 IN GOOD STANDINI'J AND MS A LffG4Z SXIST8MC8 NOT HAVXJ= BEEN CANC'SLLED OR RSVVJW 80 FAR AS THE RECORDS OF THI8 OFFICE SHOW AND I8 DULY AUTHORIESD TO TRANSACT BUSn=8. 2970550 8330 5R# 20172032850 You may verify this a rdfloota ontine at corp.dsUw m4;ov/wthver.shtrN Authentication: 202270000 Date:03-27-17 Book:1659 Page:1156 Seq:2 bwa Pepe 3 013 grxl 6 6.9 FAGE';1 ] 6 8 Delaware Paget The First State AND I DO HEREBY FURTHER CER7I87 THAT THE SAID "SUPERIOR ESSES INTERNATIONRL L8" KAS YORNMD ON THE TWENTY—FOURTH DAY or NUMBER, A.D. 1000. M • 2970550 8330 SR# 20172032850 You may verify this oertlHcate online at corp,delawore.illtrv/authver.shtmi � -1 oil (o * �r L CS Authentication: 202270000 Oate: 03-27-17 Book: 1659 Page: 1156 Seq:3 Page 1 of 12 BINg'. 16 5 9 PAGE:I 1 IntWmillimmitimil Goo 10: OW1767b0012 Tyyp*: CAP peaorded: W1311201, at 3:20:41 AM Fe+ A1rt: $20.00 Paps 1 of 12 E00EGOM COUFIIY MOM OAR UNA Robin H. Braewel� Repleter of de RK1659 Pal 159-i Amended and Restated Certificate of Incorporation NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS: Grantor: Superior/Essex Corp Grantce: Superior Telecommunications Inc. Drawn By: Delaware Secretary of State Return. Robinson Bradshaw & Hinson 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 Book:1659 Page:1159 Seq:1 Page I of 12 �8 16 5 9-PA6[.>1 16 9 (c=*t as othem** provided by the Board of Dhi mnra in dye rerolud" or rcmoh,dm ereaft such mdu) or deaseasDd (but cot below the comber of itbm thdxWda ouuomd* Am dme to time by lam action of do Hoard of D(rEetora; (b) the dMdead rM ar amount for such series, the coafteSt end dspe Won which such dividends Shall be payable. tits rely m drat auch &fWmdt shall bear to do dlvlden k payabta on say other Class at classes or say other taziat of a" Class or clews of stook end Asdstr such divWmda :hall be eemniadve sad It so, lass whhth date or daces such dividsmM d ali be mmu mUM; (c) whether or sot tba shares of an& aeries WmU be subjed to redcaapdoa by the Cmpomdam and ft times, pdcn and other farms and eomMd m .of suet redemption: (d) whalber of not the dam of such aeries shall to subject to ft opermin of a slalWting laud or pueahtsa IUM to be applM w ft redemption at pnamasa of Suer Aks m sad if much a timd is to be embliehed, the alp= dtereof and the terms and provisions fbr ft spplkstloa thereof: (a) whether of not the dons of such series Shall be mmvertibie halo or a "lbr slam of any arbor clean or curses, of sbmmes of any other series of uW Class or clum, of stash of the Omporstim, or flex any odw sanctities, and If provision is shade for cam cnkn of exchasrge, die times, places, rates, mfjjuatmamtt sad adw terms and conditiaas of SUCK eonverslon or exchange; CO whether or or dw abases of u ch aeries ahsll have voting rigkm, in addidom to to vodttg dOm yrpvW by law. and if cosy art m have such additional volt tWo, the scent donut W the rights of t* shares of mxb tads In the sweat Of MY 4 , diaaolt M or winding up of the Corporation or upon arty di tflb"of its aum; ad CO eWr ochry powers, preftrea m amd missive, partiddpe W' apd=w or odtaa' epeeist do" of the aheret of vzh Rd". and afro qudmewom, limitations or resu ldiorrs awed, to the lull Extent mW or bercd* pas nined by law end out Wo maisrsat with to pmvldm bemse, Book: 1659 Page: 1159 Seq; 4 9:baS 694E OOOd 699E :XOOS of of Bolan( mqm mpesodica m10 alomt Fqft =o *W4 ;n um! al Aplot aigwhd 4=PIAIP axe a" 'taopaq =V =o sQ WMpU 1p ON ' [PH R - Arm aAI&M 30 MR AMC 110 Ig ao sia pamMM oq Tim paint POW MP Al=mb TIN r om zpmp pmM An ptm pa1W X"Alp pplol ao M aigtAid WaapiAlp p ianou:r ALL -sm4 Aq wom P=PIATP Immum 00 >tMAIP ARPm&m aq IMP (papal POVIAV A{msuab u % t M* now pomd An om wwd wwlryp Ppla1 asp um no) popw p=pp►Tp 4=mb vo s41 *M paup8 Sojo mw rd aMMId SP=MAIP )o ww= ou 'Pma asp A4 paxls 94"R'wmm qmw m =m i mLW aqs lRp =d ■A p OT xM aq =oa 4S nV s loa an paom yom tm oeprood� ospAo goo4 doom asp sso sradde Aa�p zss psoQa:�Q rsaplog as (ftRcq pft so 'AM IAW=M v you q w4 Aap wo a* uo algebd aq UM PaaPIMp qON MM'AIPUOq TdK m ',tipaag 'AVssstg * li IM RON Aut �1 >� ld =) %6t 'ts =Pmoa 10 to eqnwmw MA qm 3Q 15 jupwma pm 'Ofi nib 'ot aassr ' I [ qmM oQ A1aasnb qm Q1;lgvM a4 T1r49 pa IMI It j4ppo uo r01v1 l ifto jo nvp a p moq nasamq ]Aoggm an=a�a llotp'aAprlm m Aliry as nM golgal 'am oa pur 'anal .sad u mww sad 00'091iQ a3m a p la *=Wlp 'asod:W qt iq1 a(plim Ailvk spsli to w (.Pm. on =o M 0 8. am pDpIWLW, so rQ Uwa lalo Pam n Ag PnPlP P PO 'w `=q/A 'Mww a3 pappn aq IpW W=S pu aad 9L43Q �qr � tAD1� ally ' pp� tal '/laq (p) gdvahad III P4nAwd R 7droxa 'pausal sajltosaq 10 AIOU ylapu UGUMMO orp as Bobo 'Anmpa%q so A= qoA mWo" 'uop udicD ap;o do $VIMA+ jo xngjd os m 'alarl IT+4t rim paid %91IY ' WR (q) 00 'L aq q• VMS ai paw aia' 4 .*m qqm=m DAllrlaT ro Up. sr mwm a4 V qt =;= q= p MW DU P M :Tmugq; w as (MM pn COUtlo m 3Q eW of algoMd& an splgm OMWOdWo go jo uolseaod=o WJO GM9PM IPP W qurtii mttaolslArid Aar of ot+ m to panip� �M pa '�f-�q11 '�g{lrm'tnl� ==mooI suMod'tamlt jo togw% OffQ OM asp pm wwofto alp jo .*M VUT0;W SKK3 opnl aARRMW 7 $9. �Q twat 1 j01tjlOQaF Al1fiN111ai=> Pad d41. 'E �p'f�6 -uwdm at 41 —pm aq pw Aprft ww nmp *m paced a p Aa "Fu mVols PURPM p axt= 4R)o WON" mp 3a NUMO=d raa4npM sQ swPoM ap al PPA09 ova W AM7 'DAPMOM aq kM aoarasp tpuupinlp RMA W4 anp asp po 91 ubmxa a 1R al alp MM a4 tl� >patS pa<�d 30 =a4an atsQ � 3Q �t TIY 'L QQl�aB t9111506S91)O Z� 10 0 e®ad Ti Pepe 8 of 12 'COCK { 6 5 9 PAGE I 16 a dividends to 6% A dared Stock (colla[xively, do " osier 2LwWS4 Soo1. ,, ahaaa be paid or art VW for p►ytdeot ets, WA except for the lase of Comma Stock to pity for tht ncatdaa of emck options pursuant to am V4* option pleas of the Corporation and its paints or u6sidasties, no parohuo, redampdon, or other acQuisidon shall be made by dfw CoMoration of, wW adarce of Mar Divfdsad Stock tta m and Uw all aooruod and uawd dividend: on 6% Prefixed Stock d aia bave bass paid or declared sad M apart for payment; prM hawow, tint so lone as any amousta mmain ouMadmg under (U the Amended and lteatatbd Credit Agreem ',, dsftd as of Novomber 27, IM, as amended (ft "Sealer credit Affi p 9 , UMA the QWpatillm, &Tdriw Telecom Inc., the guarantors nomad dwdn, It leading btathuoions Maned forma, Merrill Lymb dk Co., as Documentation Agent, Flset Nadonsl Baok as Symboatian Agent, and Bankers Taut as Admialuradvo Again, and (Ili the SoMor sttbm+dWmd Crt dk Agrasoaant dated an May 26. IM {t e 'Subordinated Credit Agrsawcm* and, kjo& a with dte Senior CM& Aoftment, the "Coedit Agtoam='}. do Cotparattotl. Saperaor Telettom be.. tie sobsUlery guac ants rimed dtatain, fe budWS Wakta Ions Bated tbetaia, Fite Corporate Rawco. irx•, as Syndkasion Agent. and Be ra Trust Compagy, as Administrative Agaot, nothhtg bmtia aWl prevam the CoMoradw beam daclarfng and paying divide n i or making other distributions on Common Stock. ii at nay th o nay dividend as any aapitai :lock of lira Cacportulon ranking seder as to dividends to 6 % PraflmW stock (tba "Ralz DMUMd Sb**) shall be is de tth, in whole or In part, ao dividend shall bb paid or tine d and act apart for paymm on 6% Praftnied Smdt unless and until aR accrued and unpaid dividends with tripes to tits Swim UivWW &oak, Including the full dividends for the than oxtnW dividend period, shall have been paid at declared and set apart for paymew, witltntu ittterest. No AM dividends shall be paid or dedut d and set apan for payment as say oku or sedu of due Corporadon's capital stork ranking, as to dividends, an a putty with 6 is PreSorred Static (the: 'Davao'Mm(DIvUend bdn for any period ualas all warut d but unpaid divldrads have beao, or camtat1;;oratteoasly am, paid or dta I&M and fret apart fbt• such payment on 6% Pt>t =ed Stock. No tail dividends shod be paid or "and and sat apart fbr payment an 6% ftd=W Smelt fbr any period louses all aocntad but unyald dividends have bees, or --comporum1y are, paid or dttaWW and sat apart for payment an the Polity Dividend stook fbr all dividwA periods wrmiaatiag an at prior w the loon of psymattt of such NU dividends. Wbw dividends are ant paid is W up= 6% Ptef nod Stock wA due Parity Dfvldw d Stook, *4 dividastds paid or deckled ad stu apart for P YMM upau shares of 6 % ptrhsz A Stock and the Perry Dividend Stock ftU be paid or doduad and ad apart Por payment pro rea, so that rho ama= of divWmds paid or &xbrod ad Mg &pan for al Stocit and the W dend Stock shall In all mosses bear r to ach 6odw do Book: 1659 Page: 1159 Seq; 6 1 :bBS 691E :aged 6SH :4009 4MVVMU1 aN O9P &gAMA; OMP boa m 'ate rl aalado ;qw ell is 'puri P�limd 96930 �+p{o4 � {a} '�1��3 � 1a do Balm so a� '�aPlnbA t �Oplattoe a4 Uib► �mda�d � so 'aaque�Ot'gne tN a�aaa'a I,�uad:0."i �;a >:� � im Jo npnn so aim v in napmodw =Pone 4" =*Mdmo ap yo safaam so mgmp goo a satwm -o* aap Aq mm 1a uopncpM An ai vala>'dpNad �N rUar � P'ap9aa as toa lia4a a� Rs� 10 �aR a4i �� PaaCaw %q so an" awm wnnpm m mmin am m IN N maum sang '(atianama lquasipW qmt jo Ir o vq mCc 4w No POMM al 4m Ital" a4 pmoaa. ppaszqpd a ltoadaa:OR.4 oapodnsd °1"W"Wa sp Ins WR QD?a"t m as 41W Swmh1 vm 1*" a. 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Goad Peps 1 of S 3811a 16 8 9 560 f 7 II�N�NINIII I���®�I���I�N�NNNN Oae ID: 009378710008 Tyyv�e: CRP Recorded: 90111OQOf7 at 09:21:22 AM 2VFee Amt: $24.00 Pappe 1 �of 5 OMA CDIOrM IJORT}I CAROLINA Robin V. Braswell ReRlater of ede -1659 PA 171-1 5 Certificate of Amendment NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS: Grantor: Superior Telecommunications Inc. Grantee: Superior Essex Communications Inc. Drawn By: Delaware Secretary of State Return: Robinson Bradshaw & Hinson 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 Book: 1659 Page: 1171 Seq:1 Pegs 2 of 3 36%1 6 5 9 -PAGE° 1- 17 R. Delaware Pagel The First State X, JEFFRNY W. BULLOCK, SSCRETARY OF STAYS OF TAN STAYS OF DELANARE, DO HERNBY CERTIFY THE ATTACBED IS A TRUN AND CORRECT COPY OF THS CERTIFICATE OF AWNDNWT OF "SUPERIOR TRUCCNim1UNICATYONS YNC_", CHANGING YTS NAM FROM "SUPMUOR TELzccmdUNICATION9 INC." TO "SUPERIOR ESSEX CO20[UNICATIONS INC.", FILED IN THIS OFFICE ON THE TMNffY—THIRD DAY OF OCTOBBR, A.D. 2003, A4r 5:31 O'CLOCK P.M. 0 2970550 8100 SRN 20172027006 You may verify this certificate online at corp.deiawana. jov/euthver.ahtml LL MISS- IN mrit, a Authentication: 202268433 Date: 03-27-17 Book:1659 Page:1171 Seq:2 Page 3 of 5 jo I, 6 5 9 PAR,! 1.13 State of Delaware Socreter of Stott plvtadcn of Corporations Delivered 05:31 PM I012312003 PILED 05:31 pN I0/73/2003 SSV 030662779 — 2970S50 FILE CERTIFICATE OF AAZMWW.N T OF CERTIFICATE OF INCORPORATION OF SUPERIOR T=COb94 MCATIONS INC. Pursuant to Sections 242 and 303 of the General Corporation Law of the State of Deh W8re The undersigrsed, David S. Aldridge, oartifies that he is the Chicf Finandal Offtcer and Treasurer of Superior Telecommudeadons Inc,, a corporation organized and wdatiag under the laws of the State of Delaware (the "Corporation"), and does hereby iluther certify as follows: FIRST: The name of the Corporation is: SUrERIOR TELECOWN ICATiONS INC. SECOND: On Oatober 22, 2003, the United States BWbVptcy Court for the Distriat of Delaware con&med the Amended Joint Pion of Reorganization for Superior TeleCom Inc. sad its affiliates (including the Corporation) pursuant to an order (Docket No. 973) (the "Order") that, among other things, directed the Corporailanto amend its Amended and Restated Catitcate of IncatparetiaD, pursuant to l 1 U.S.G. § 1123(a)(A as set forth herein. THD: Pursuant to the Order and to Swdon 303 of the General Corporation Law of the State of Delaware, this Certificate of Amendment of Certificate of Incorporation amends the Amended and Restated Certificate of lnaarporation of the Corporations, as heretofore amended or supplemented. FOURM: Article 1 of the Amended and Restated Certificate of Incorporation is hereby amended in its entirety and, as so amended, shell read as foilowa: 1. The name of the corporation is Superior Essex Communications Inc. (the "Corpomation'j. FIFi'II: The EM paragraph of Article 4 of the Amended and Restated Certificate of Incorporation, immediately precoding Section 1 of that Article 4 and rolating to the authority of the Corporation to issue stock, is hereby amended in Its entirety and, as so amended, shall read as follows: The aggrogate number of shares of all classes of stock that the Corporation shall have the atttharity to issue shall be Three Thousand (3,000), of which Two Thousand (2,000) shares sW be Preferred Stock, par value $1,000,00 per there (the"Preferred Story, issuabte in one or more aeries, and One Thousand (1,000) shares shall be Common Stock, par value $0,01 per share (the "Common Stock"). erssas 1844 t♦ruavfaoeo�aa Book:1669 Page:1171 Seq:3 Page 4 of 5 `I659P�G���i Notwithstanding anyddag to the eonnary herein, the Corporation is prohibited Sara issuing nonvoting equity sectai m& l7AUSAAL M IJ" XMA A&".& Book: 1659 Page: 1171 Seq:4 Page 5 of 5 ; I659?a 1115 a-i IN WrrNESS WB.iIi: W]?, this ccrti lcate has been subecribod this 23rd day of October, 2003, by the undeMped, who adkme that the etatemeats made htteiu am true under the penalties of perjury - +neo.uam, wi unnnre�,w By; la/ David S. Aldridaa Name: David S. Aldridge Title: Chief Anancial Officer and Treasurer Book: 1659 Page: 1171 Seq; 5 Page i of 7 100(1 6 5 9 PAGE 1 114 0oa I0: 009i7B780D07 Tyyppe: OPP Reoorded: 09/91/2017 et 08.22:03 Ali Fee Ant: t2B.00 Pape 3 of 7 EDOEOOMB£ 006DO NORTH CAROLINA Robin Y. Breeweli Realeter of goods aK 1659 PB1176-1 JA2 7 Certificate of Conversion of a Delaware Corporation NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS: Grantor: Superior Essex Communications Inc. Grantee: Superior Essex Communications LLC Drawn By: Delaware Secretary of State Return: Robinson Bradshaw & Hinson 101 N. Tryon Street, Suite 19M Charlotte, NC 28246 Book: 1659 Page: 1176 Seq: 1 , Page Y of 7 WOK! 16 5 9 ROF 117 Delaware The First State Page 1 I, JE27RCY A*. BULLOCK, SECRETARY OF STATE OF TEE STATE OF DELAMM, DO HEREBY CERTIFY THAT TBE ATTACHED 18 A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELANO9<RS CORPORATION UNDER THE NA94E OF "SUPSRXOR ESSEX C01Y4111UNICATIONS INC.„ TO A DELANARE ZnUTED LIA8ILITY COWANY, CHANGING ITS NAME 07WM "SUPERIOR ESSEX CCXMMICATXCM INC." TO "SUPERIOR SSSMf CONNUIVICATIONS ZW-, FILED IN THIS OFFICE ON THE SEVENTH DAY OF NOVEMBER, A.D. 2009, AT 6:29 O'CLOCK P.M. 2970550 9100V SR# 20172027006 You may verify this cartlfime online at corp.de[aware gov/authvershtml 1 Authentication: 202269431 Date: 03-27-17 Book:1669 Page:1176 Seq:2 Page 3 of 7 State of Delaware Searetary of Stater Dlviaion of cozoratlans Dellvered 06:30 AY 1110712001 £ILYD 06:20 EW I110712003 SRV 030718331 — 29705S0 £ILE CERTIFICATE OF CONVERSION FROM A CORPORATION TO LIMITED LIABILITY COMPANY OF SUPERIOR ESSEX COMMUNICATIONS INC. TO SUPERIOR ESSEX COMMUNICATIONS LLC This Certificate of Conversion from a Corporation to Limited Liability Company ('Certificate"), dated as of November?, 2003, is being duly executed and filed by Superior Essex Communications Inc., a Delaware corporation (the "Company"), to convert the Company to the LLC pursuant to Section 266 of the General Corporation Law of the State of Delaware (the "GCL"). I . The Company's name prior to the filing of this Certificate of Conversion to Limited Liability Company is Superior Essex Communications Inc. 2. The Company filed its certificate of incorporation with the Secretary of State of the State of Delaware on November 24, 1998 The original name of the Corporation as set forth in the Certificate of Incorporation is Superior Essex Communications, Inc.. 3. The nam4 of the limited liability company as set forth in the formation is Superior Essex Communications LLC. 4. The conversion of the Company has been approved in accordance with the provisions of Section 266 of the GCL. 5. The conversion of the Company to the LLC shall be effective upon the filing. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Conversion to Limited Liability Company as of the date first -above written. SUPERIOR ESSEX COMMUNICATIONS INC. By: Is/ David S. Aldridge Name: David S. Aldridge Title: Vice -President 30111 5498.001 NYWORM.196570 11/a7r100t 05M7 PM Book:1659 Page: 1176 Seq:3 Page 4 of 7 m0*1 6 5 9 nor 1 i 7! space ry D fi� at@ Diviaian of Corparetiaaa Delivered OM30 PK II10712003 FILED M29 PN I110712003 SVV 030718331 -. 2970330 TILE CERTIFICATE OF FORMATION OF SUPERIOR ESSEX COMMUNICATIONS LLC This Certificate of Formation of Superior Essex Communications LLC (the "LLC"), dated as of November 7, 2003, has been duly executed and is being filed by the undersigned, as an authorized person, to form a limited liability company under the Delaware Limited Liability Company Act (6 DcLC, r; 18-101, S Ia). FIRST_ The name of the limited liability company formed hereby is Superior Essex Communications LLC. SECOND. The address of the registered office of the LLC in the State of Delaware is c/o Corporation Service Company. 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808. THIRD. The. name and address of the registered agent for service of process on the LLC in the State of Delaware are Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, New Castle County. Delaware 0808. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of the date first above written. 5018w548U•W., NYwORDW9068v1 !sl Julio A. G4lrttez Name: Julian A. Gomez Authorized Person r 1/07t200301M PM Book.1659 Page: 1176 Seq:4 f Page 5 of 7 9%1 6 51 AM i 18 a Delaware Pagel The First State I, JSii'RSY w. suLLoa r, SECRETARY OF BTATE OF nw smm OF DELAXIM, DO BUSBY CERTIFY 789 A7TAC86D ZS A rAVE AND CORRECT COPY OF THE CERTIFICATE OF I%U MATS0N OF "SOPSRIOR ESSEX CCIMM NICATIONS LLC', FILED SN THIS OFFICE ON THE SEVENTH DAY OF NOVEMBER, A.D. 2003, AT 6: 29 O'CLOCK P.M. 2970550 9100 5R8 20172027006 You may vertfy this cefUlIcete online at mrp de mmre,sov/authvsr.shtml Authentication: 202268432 Date: 03-27-17 Book: 1659 Page: 1176 Seq; 5 Pape 6 of 7 st•t. me Driaw.r. Sacr.t.ry 01 state Division o! cosporAtions DMiiv.r.d 06:30 PH 1,110712003 FILW 66:19 sw Izlov/F003 SRV 030718331 — 2070550 FZZZ CERTIFICATE OF CONVERSION FROM A CORPORATION TO LIMITED LIABILITY COMPANY OF SUPERIOR ESSEX COMMUNICATIONS INC. TO SUPERIOR ESSEX COMMUNICATIONS LLC This Certificate of Conversion from a Corporation to Limited Liability Company ("Certificate'"), dated as of November 7, 2003, is being duly executed and filed by Superior Essex Communications Inc., a Delaware corporation (the "Company"), to convert the Company to the LLC pursuant to Section 266 of the General Corporation Law of the State of Delaware (the "OCL"). I. The Company's name prior to the filing of this Certificate of Conversion to Limited Liability Company is Superior Essex Communications Inc. 2. The Company filed its certificate of incorporation with the Secretary of State of the State of Delaware on November 24. 1998 The original name of the Corporation as set forth in the Certificate of incorporation is Superior Essex Communications, Inc.. 3. The name of the limited liability company as set forth in the formation is Superior Essex Communications LLC. 4. The conversion of the Company has been approved in accordance with the provisions of Section 266 of the GCL 5. The conversion of the Company to the LLC shall be effective upon the filing. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Conversion to Limited Liability Company as of the date first -above written. SUPERIOR MEX COMMUNICATIONS INC By: AI David S. Aldrid Name: David S. Aldridge Title: Vice -President 501%5499-003 NYWORDM96570 1 IM12003 05,47 PM Book: '1659 Page: 1176 Seq: 6 Page 7 of 7 -swC GIf!i 1 t'� ■ state of Delaware l -au`l PAP, it A Secretary of State Division of Corporatlans Delivered 06.30 PM 1110712003 FIbSD 06:29 PN 11/07/2003 SRV 020718332 — 2970530 FrLz CERTIFICATE OF FORMATION OF SUPERIOR ESSEX COMMUNICATIONS LLC This Certificate of Formation of Superior Essex Communications LLC (the "LLC"), dated as of November 7, 2003, has been duly executed and is being filed by the undersigned, as an authorized person, to form a limited liability company under the Delaware Limited Liability Company Act (b Del.C. § 18-101, gl VW. . FIRST. The name of the limited liability company formed hereby is Superior Essex Communications LLC. SECOND. The address of the registered office of the LLC in the State of Delaware is c/o Corporation Service Company. 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Deiaware 19808. THIRD. The name and address of the registered agent for service of process on the LLC in the Slate of Delaware are Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of the date first above written. A 1.lallan A. Gatttex Name: Julian A. Gomez Authorized Person 501%.USS-003 NYW0RD)239661v1 111071200305:31 PM CJa�p ��e L45 Book: 1659 Page; 1176 Seq; 7 Page 1 of 7 �i 659.Pk.i i 93 inlionlimilmilliol Doo t0: Opg178760007 e: CRP Recorded; OS/gl/z017 at d8.29:07 An Fee loot: $26.00 P e 1 of 7 Ao6inMBEaraswil RaplaUr oflUsede aK1659 Pal183-i 9 Certificate of Conversion of a Delaware Limited Liability Company NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS: Grantor: Superior Essex Communications LLC Grantee: Superior Essex Communications LP Drawn By: Delaware Secretary of State Return: Robinson Bradshaw & Hinson 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 Book:1659 Page:1183 Seq:1 Page 2 of 7 $� 16 5 9 FA6E' I 18.4 Delaware The First State Page 1 I, JMFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELANARS, DO HERESY CERTIFY THAT ME ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAMM LIMITED LIABILITY COMPANY UNDSR THE NAME OF "SUPERIOR ESSEX CMWINICATIONS LLC" TO A DIMUARE LIMITED PAR"MRSSZP, CMWQZNG ITS fix= rpm "SUpSRIOR ESSEX COMdmICATIONS LLC" TO "SUPERIOR ESSEX CQ1tIIl[MICATIONS LP", FILED IN TSIS OFFICE ON THE SEVENTEMHTE DAY OF .TUNE, A.D. 2004, AT I1:11 O'CLOCK A.M. 2970550 8100V 5R# 20172027006 You may verify this certificate online at mrp.delaware aov/authver.shtml ELI W.-I"t 1, LIM' Authentication: 202259429 Date; 03-27-17 Book: 1659 Page: 1183 Seq; 2 Page 3 of 7 A FROM CT WILMINGTON - 302_655_4236 GROUP 6 (TE 6. 17'04 11:14/ST, 11 :1 AD. 4260103910 P 5 CERTIFICATE OF CONVERSION TO LiIhIIM FARTNERSHW OF SUPERIOR ESSEX CON(AIMCATIONS LLC TO �p SUPERIOR ESSU CONTHIUNICATIONS LP This Certificate of Conversion to Limited Partnership, dead as of June ,1 200, ,. is being duly executed and tiled by SE Communicadow OP Inc., as general pMUM, to Convert aw Superior Eue%Communications LLC, a Delaware limited liability eompeay ("SE LLC") to en Superior Essex Communicatiuns LP. a Delaware limited parumsbip (the "Limited Pttr'aat rft ), tinder the Delaware RrAsed Utuforra Limited Partnership AA (d Del, C. 117-101. it ya. ), and : the Delaware Linthfed Liability Company Act . SE LLC was origi rally formed with ihe nartaa SttparioAsaex Corp., a Delaware corporation. which was the stuvivor in a, merger with Superior Telecommunications 1nc., n daorgia oorporstion, effective December 23, 1999 and changed its rw= to Sqpedor Telecommunications Inc. (ffia "Ori(pnal Entity"). The Original Eatity's nacta waa swarthy changed to 8uparim Essex Communications I=, a Delaware corporation. The Original Entity was convemd to SE LLC, a Delaware limited liability company and changed its coma to Superior Essex Communications LLC. I . The Original Entity was fast 2=,ed on November 24, 1998. The jurisdiction of tbo Original Entity at the time it was fotmrd was Delaware, 2. The Oa4*d Entity was wavered into SE LLC on Nov* mber 7, 2003. The jurisdiction of SH LLC at the tune it was Brit formed wan Delaware. 3. The Other Entity's name barnediaWy prior to the $ling of 64 Ccrdficaw of Conversion to Limited PartawsNp was Superior Essex Communications LL.t<, 4. The name of the Limited Partnership as set forth in its =ificatc of ifmfted pargtarship is Superior Essex Communications LP. 5. The convorsica of SE LLC to tlra Limited Partnership shag be ellsective an June 17, 2004. 1N WITNESS W iEEMOF, the UWMipod has executed this Cartif3cAft of Conversion to Limited Partumbip as of the daft above written. SEC 'ilprl$ GP INC. state of Wam" David B. Aldridge anae r of Awto Executive Vice President and CFO ai isicoofCosmraclans WIvered si:is o,of� �7��04 rzUZRV C,10Xi - 270"o r= Book: 1659 Page: 1183 Seq:3 J Page • of 7 FROM CT WILM1NGTON - 302_655_4236 GROUP 6 (TO 6. 17' 04 11A5/STA1':13/N4- 4260103910 P 6 CERTMCAT15 OF L&ff= PARTNERSM OF SUPERIOR ESSEX COMMU>~1ICAMONS L? � P The undonigned, des3rW to foam a Hzited partnaift pumant to the Delaware Revised Uniforsu Limited Partnership Acx 6 Delaware Code, Chapter 17, does hereby cif certify as follows: art I. The name of dw limited Datwxelttp is Superior Essex CommVnicadow LP. U. The addrws of the Partnwbigs regiffwW office in the State of Delaware is Corporation "hurt Cmmer, 1209 Change Street, Wiliatiugtal>. County of New Caetle. The name of the Parttwrahip's registared age* for service of process in the State of Delaware at such address is The Corporation Trust Company. ill. The name and mailing address of each gentral patmer is as fcUows: NAME MAILING ADDRESS SE Co7mmunieations GP Iac, 150 Interstate North Parkway Atlanta, QA 30339 IV. This Certificate of Limited Paromalup shall be eft'ectivc on Juno 17, 2004. N WPIi4= WHEREOF, the undaardptd bm exeauttd this CWigosta of Limited Pattncrship of Superior Sssex Communloati w LP, w of Jt= 2004. SE commu4ofism QP Inc., omeial Paracr David S. Aldridge, Vice Prea tst arA CFO stab* of nNIMMsti . - . sagmtery Cd Stage aivJ.stw CO�p a/ D&Uvssvd I2:11 J1�f N rzLw II :11 Afr 06/17/2004 • ' MV 0404471U - 297MO FW TAYN n nn Book:1659 Page: 1183 Seq:4 ---Y- - f Page 5 of 7 094.559FAMII8I Delaware The First State I, JSFFRSY W. BbLLOCK, SJICRC ARY OF STATE OF TEE STATE' OF VELAWARS, DO MMESY CSRTYFY TOR ATTACHED IS A TRUX AND CORRECT COriY or rim CSRTIBSCATS OF LIMIT&D PARrmzxsHIP OF ,SUPERIOR SSSEX COh ICATIOWS LP", FILED IA► THIS 027XCE ON 2WU SEVENT&BNTH DAY OF JUNJC, A.D. 2004, AT 11:11 O'CLOCK A.M. 2970550 8100 5R##20172027006 You may verify this certificate online at corp.delaware.`ov/authver.$html i Page 1 Authentication: 202268 430 Date: 03-27-17 Book: 1659 Page: 1183 5eq: 5 Page 6 of 7 FROM CT WILMINGTON - 302_655_4236 GROUP 6 (THU) 6.17'04 11:14/ST.11:100.4260103910 P 5 CERTIFICATE OF CONVERSION TO LBUnD PARTNERSHIP OF SUPERIOR E&SEX CObUdUMCATION$ LLC TO SUPERIOR ESM CON31 MCATIONS LP ; . • �, This Certificate of Conversion to Limited Partnership, dated a9 of June �, 2004, is being duly executed and Zed by SE Commtmications OP Inc., as general partner, to convert �o Superior Essex Communications LLC, a Delaware limited liability eompar& ("SE LLC") to "Limited Swerior Esau Communications LP. a Daiawara limited partnership (&a Parmaship"j, under the flelawan Revised Uniform Lin3iied partnership Ad 7- ), and +— the Delaware Limited Liability Company act - . SE LLC was as originally formed with the name Supariottsw Corp., a Delaware corporation, which was the 'o survivor in a merger with Superior Teleeommuidcations Inc., a Georgia corporation, rfrwtive December 23, 1999 and changed its snots to Superior Telecommunications Ino. (the "Original Entity"). The Original Entity's name was subsequadly changed to Superior Esmnx Communications Inn., a Delaware corporation. The Original Entity was converted to SE LLC, a Delaware limited liability company and changed its name to Superior Essex Communications I -LC. l , The Original Entity was fast formed on November 24, 1998. 'Me jurisdiction of the Original Entity at the time it was fotmad was Delaware, 2, The Original fttity was converted into SE LLC on : November 7, 2003, The jurisdiction of SE LLC it the time it was first formed was Delaware. 3. The Otber Entity's name immediately ptiar to the Min& of this Certificate of Conversion to Limited PaMerdh p was Superior Essex Communications LLC. 4. The same of the Limited Partnership as set forth in its oortificam of limited partnership is Superior Esm Communications I.P. S. The conversion of 56 LLC to the Limited Pmtnordh p shall be effective on Junes 17, 2004. IN WITNESS VA4FAEOF, the uudsrsignad has executed chit Certificate of Conversion to Limited Pa�hip as of the dsm first -above written. SE C P INC. By.7 T�� stage of David S. Aldridge s ar. of stara Executive Vice President and CFO vivisigm of Aalivmzsd 11:11 06/17/2004 rote tr a' sH9707oWO�ta Fats Book:1659 Page:1183 Seq:6 Page 7 of 7 FROM CT WILMINGTON - 302_655-4236 GROUP 6 (THU) 6,17' D4 t1:15/3T.11:13/N0. 4260103910 Q 6 CERRTIKCATS OF LAM M PARTNMLW " ; ,: • . , OF SUPMORESSEXCOMMUNICATIONS LP zn The and nlped, desiring to farm a bmi*d Rartnonhlp p=uant to the Delawara Itevfscd U&foam United Partnership Art, 6 Dclawarc Code, Chapr 17, does hereby •.• cmrfy as follows: m I. The name of the limited yatiershfp is 9upnrim Essex Commuaucationa LP, 11. The uddresa of the Partne iWVs regleterod office in the State of Delaware is Corporation 'Tnist Cater, 1209 Osage Street, Wilton. Cowry of New Castle. The nartte of the Farmership's m&tered ag at for mwAce of protess in the State of Dalawaze at such address is The Corporation Truk Campaay. III. The D=e and mailing address of each general pmtaer is u follows; NAME MAMM ADDRESS SE Conwmftioations {)P Inc. 150 Intestate Noah Parkway AWzte, QA 30339 IV. This Cerdf Cate of Lf sited Pa Muship shall be effective on ]'time I7, 20". IN WITNESS WHEREOF, the wxkzsiS=d isms executed this Cqcate of Limited Putacretip of S upwior Essex Commuulft ions LP, as of June , 1-1 2004. S$ Comm QPInc., 0erlen dPutner By: David S. Aldddge:, Vice PMideW Md CFO L 45 stwt*of DOINNOM 5eiuetisy Of 9Lata qf Cospomef0t16 Lti*13vosrd i1:1I AN 06/17/YOOa j= D 11.11 AN 06/1712004t ' MtV 040447111 - M0550 FAX Book: 1659 Page: 1183 Seq: 7 Page 1 of 3 no 6 5 9 RAGE.1 190 11110811111111111 Doe rD: 009176770003 Tvpe: CRP R.tordad: 03/31/20p17 at 00:23:" AM Fee AM! `20.00 PageAI of 3 CAROLYNA EDMCU BE COUNTY Robin V. OrRowth Register of DA9ds BK 1659 Pal 190-1 2 Certificate of Amendment NOTE TO REGISTER OF DEEDS: PLEASE INDEX AS FOLLOWS. Grantor: Superior Essex Communications LP Grantee: Superior Essex International LP Drawn By: Delaware Secretary of State Return: Robinson Bradshaw & Hinson 101 N. Tryon Street, Suite 1900 Charlotte, NC 28246 Book:1659 Page:1190 Seq:1 Page 2 of 3 :$16 5 9 FA&Pi # Delaware The First State T, .7XFMZY R. BULLOCK, SYCRSTARY OF STATE OF THE STAPS OF DIRLANARE, DO B$REBY CERTIFY THE ATTACBBD iS R TREE AND CORRECT COPY OF TM CERTIFICATE OF AMENDPMT OF "SUPERIOR Z88SX COMMUNICATIONS LP-, CRANGING ITS AMME FROM "SUPERIOR Z88EX Page 1 COAQdWCATSONS LP" TO "SUPERIOR ZS8XX INTERNATIONAL LP", FILED IN TRW OFFICE ON TEE NINZTZRNTS DAY OF DSCM=, R.D. 2013, AT 5:01 O'CLOCK F.M. AND I DO EMBY FURTMM CERTIFY THAT THZ ZFFZCTSVZ DATZ OF TR$ AFORESAID CERTIFICATE OF A=TDp W7 I8 THE FIRST DAY OF ,7JIMMY, A.D. 2011. A o� 2970550 8100 0 SRN 20172027006 You may verify thh eartlfleete online at corp.delawaregovlauthver thtmi Authentication: 202269428 0ate:03-27-17 Book:1659 Page: 1190 Seq:2 Page 3 of 3 1 8 6-9 � 1(�,'� 4 0 1 8tato of Aalavare �1ivseardt"Y of Of State Dauverod 03:11er4f �11/1 2013 171M 05:01 FN 12/19/2013 SRV 131454335 - 2970530 me CERTIFICATE OF AMENDMENT TO CERTIFICATE OF LIIMITED PARTNERSUIP OF SUPERIOR ESSEX COMM MCATIONS TY THIS Certificatc of Amendment to the Certificate of Limited Partnership of Superior Essex Communications LP (the'Pannership"), dated as of December L 2013, has been duly executed and is being filed by the undersigned, as general partner of the Partnership, in accordance with the provisions of 6 Del, C, ¢§ 17-202 and 17-204, to amend the Certificate of Limited Partnership of the Partnership, which was filed with the Secretary of State of the State of Delaware on Lune 17, 2004 (as heretofore amended, the "Certificate"). I. Name. The name of the limited partnership is Superior Essex Communications LP. 2, Amendment Section 1 of the Certificate is hereby amended and restated in its entirety to read as follows: "I. The name of the limited partnership is Superior Essex International LP." 3. F,�ffectiveness. This Certificate of Amendment shall be effective as of January 1, 2014. IN WITNESS WHEREOF, the undersigned, being the sole general partner of the Partnership, has executed this Certificate of Amendment to the Certificate of Limited Partnership as of the date first -above written. (a�) AU�-pL rIs C 6 SE COMMUNICATIONS OP INC., general partner By: hAAAM_�0✓ Name: Mary Love Sullenberger Title: Senior Vice President and Secretary Book: 1669 Page: 1190 Seq:3 Page I of 4 at 1 559a .[ f 9� S� S licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county Tax Collector upon disbursement of closing proceeds, Doo ID: oSo/Sbi7676DR.. CR O1R00[puoordrd: •24:06 Am pCa�GS��Pappa i of 4 K 1659 Pa1193-1 f ! fExcise Tax $0.00 (Gift) Recording Time, Book and Page Tax Lot No. Parcel identifier No. 9716-90210 Verified by County on ttte _ day of 21 _ by Mail after recording to Grantee This instrument was prepared by Robinson Bradshaw & Hinson, P.A. (7SR) (Without title exam) No title opinion or tax advice is given or implied by reason of preparation of this deed by the preparer. Brief Description for the index NORTH CAROLINA NON -WARRANTY DEED THIS DEED made as of the 1 at day of GRANTOR 2017 by and between Superior Fasex International LP, a Delaware limited partnership 6120 Powers Ferry Road, Suite 150 Atlanta, GA 30339 GRANTEE LS Cable & System U.S.A., Inc., a Delaware corporation 6120 Powers Ferry Road, Suite 150 Atlanta, GA 30339 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural masculine, feminine or neuter as required by context. WPINESSBTH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Edge=nbe County, Nortb Carolina and more particularly described as follows: See Exhibit A attached hereto and made a part hereof by reference.. 9942Mv2 23a29AM i Book:1659 Page:1193 Seq:1 Page 2 or 4 IMP 16.5 9 PIGE 1.19 The property hereinabove described was acquired by Superior Teletec Inc., a Georgia corporation, by instrument recorded in Book 1144, Page 217, Edgewmbe County Public Registry (the "Registry"). Superior Teletec Inc. changed its name to Superior Telecommunications Inc., as evidenced by Certificate of Name Change Amendment recorded in Book 1240, Page 411, in the Registry. Superior Telecommunications Inc., a Georgia corporation, merged with and into Superior/Essex Corp., a Delaware corporation, as evidenced by Certificate of Merger certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Deed. Superior/Essex Corp. changed its name to Superior Telecommunications Inc., as evidenced by Amended and Restated Certificate of Incorporation certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Dead. Superior Telecommunications Inc. changed its name to Superior Essex Communications Inc., as evidenced by Certificate of Amendment of Certificate of incorporation certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Deed. Superior Essex Communications Inc. converted to Superior Essex Communications LLC, a Delaware limited liability company, es evidenced by Certificate of Conversion certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Deed. Superior Essex Communications LLC converted to Superior Essex Communications LP, a Delaware limited partnership, as evidenced by Certificate of Conversion certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Deed. Superior Essex Communications LP changed its name to Superior Essex International LP, as evidenced by Certificate of Amendment to Certificate of Limited Partnership certified by the Delaware Secretary of State and recorded in the Registry prior to recordation of this Deed. A map showing the above described property is recorded in Map Book PC-2, Page S-96B. All or a portion of the property herein conveyed ❑ includes or ® does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot of parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Grantor make no warranty, express or implied, as to the title to the property hereinabove described. [Signature appears on following page.] 9542609v2 25625.000II Book:1659 Page: 1193 Seq:2 Page 3 of 4 165995 IN WITNESS WBFJREOF, the Grantor has hereunto set its hand and seal the day and year first above written. SUPERIOR ESSEX INTERNATIONAL LP, a Delaware limited partnership By: SE COMMUNICATIONS GP INC., a Delaware corporation, its general partner By: (SEAL) �Shi,, and Treasurer STATE OF GEORGIA COUNTY OF FULTON I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Names) of Principal(s): Date: Augustine H. Shim O cial SignatWe of Notary � t � 4t�C iJti �e [�rweY1 Notary's printed or typed name �,��4tiurrrrbr� ��� SACK 4i My commission expires: .� 0I ••'••• '2 NO G (Official Seal) tic $u �Y 3 PU268W2256 ODD11 Book:1659 Page:1i93 Seq:3 Page 4 of 4 EXHIBIT A Legal Description Located in Edgecombe County, NC. All of that certain tract or parcel of land lying and being in Edgecombe County, NC and being more particularly described as follows: BEGINNING at a set iron in the southern margin of the right of way of Seaboard Coast Line Railroad (130.0 foot right of way), on the south side of State Route No. 1212 (formerly being State Route No. 1215 and/or Anaconda Road) and the northwesternmost comer of the property of Lions Club of Tarboro, Inc. (Deed Book 733, Page 401); thence along the western boundary of the properties of Lions Club of Tarboro, Inc., and Ernest K. Stroud, et al (Deed Book 858, Page 934) S. 07-08-26 W., 2570.67 feet to a found concrete monument, said monument being the southwestern corner of the property of Ernest K. Stroud, et at, and on the northern boundary of the property of E. C. Powell, ct ux (Deed Book 813, Page 585); thence along the northern boundary of the properties of E. C. Powell, et ux, and W. G. Clark, Jr. (Deed Book 958, Page 199) N. 85-27-18 W. 1663.66 feet to a found concrete monument, said monument being the northwestemmost corner of the property of W. G. Clark, Jr., and on the eastern boundary of the property of Clifton Joseph Weeks, Jr. (Deed Book 924, Page 424); thence along the eastern boundary of the properties of Clifton Joseph Weeks, Jr. and Masonite Corporation (Deed Book 943, Page 299) N. 07-18-00 E. (and passing through a found Railroad T-Iron at 2666.5 feet along said line) 2666.83 feet to a point, said point being S. 07-18-00 W. 0.2 feet from a found pipe, said pipe being the northeastentmost corner of the property of Masonite Corporation and in the southern margin of the right of way of Seaboard Coast Line Railroad, and on the south side of State Route No. 1212; thence along the southern margin of the right of way of Seaboard Coast Line Railroad and on the south side of State Route No. 1212, S. 82-08-20 E., 1654.66 feet to the POINT OF BEGINNING. (qjAc�'r -Rl1° & �5 954268M 25625.00011 Boole: 1659 Page: 1193 Seq: 4 Papa 1 of 4 165 9 PATI II'9 -spssooid Bulsolo to auewesingslp uodn jmwlloG xel ►yunw eLp of Aeums &gsop atil Aq pled aq of 'Rue p 'soxel luenbulleCl •tte UM9 8U90 aJ tptoN Pasusolt e S � .Ilq pejedaid it p Excise Tax $0.00 1M11111111 111N111 Doc ID: po3176790004 TYyD•: GRP Aaporded: OS13112017 at 0s:24:se Ali Feo Alrrt: fao- Pap• 4 of 4 l9G{{ECOt®E COVtti'I iM0tti11 OA.LMA b16�9Po11in &&Well s.77+:r 1 k of DaO Hook and Tax Lot No. Parcel Identifier No. 4718-Sg-5645 Verified by County on the _ day of . 20— by Mail after recording to Grantee This instrument was prepared by Robinson Bradshaw & Hinson, P.A. (JSR) (Without title exam.) No title opinion or tax advice is given or implied by reason of preparation of this deed by the preparer. Brief Description for the index 2201 Anaconda Road NORTH CAROLINA NON -WARRANTY DEED THIS DEED made as of the I st day of GRANTOR 2017 by and between Superior Essex international LP, a Delaware limited partnership 6120 Powers Ferry Road, Suite 150 Atlanta, GA 30339 GRANTEE LS Cable & System U.S.A., Inc., a Delaware corporation 6120 Powers Ferry Road, Suite 150 Atlanta, GA 30339 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural masculine, feminine or neuter as required by context. WTi'NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these pros" does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Edgecombe County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and made a part hereof by reference. MUM] 2551.7dDDII Book; 1659 Page. 1197 Seq: 1 Page 2of4 1 559P OU-195 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1616, Page 344, Edgecombe County Public Registry. A map showing the above described property is recorded in Map Book . Page Al I or a portion of the property herein conveyed ❑ includes or ® does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot of parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Grantor make no warranty, express or implied, as to the title to the property hercinabove described. (Signature appears on following page.) 2 95592720 25625.00011 Book: 1659 Page: 1197 Seq:2 Page 3 of 4 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. SUPERIOR ESSEX INTERNATIONAL LP, a Delaware limited partnership By: SE COMMUNICATIONS Gp INC., a Delaware corporation, its general partner By: (SEAL) Au . Shim, Pros[ ant and Treasurer STATE OF GEORGIA COUNTY OF FULTON I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Name(s) of Principal(s); Augustine H. Shim Date: Moutl'1 St a0117 e O Tial Signa f Notary �lkl►'� ��kaan 1�;c�r�-ey-� Notary's printed or typed name My commission expire (Official Seal) 3 9559271vI9S62i.9901I Book:1659 Page: 1197 Seq: 3 IV i r Page 4 of 4 IM-i 6 5 9 FglE'a.,t zaa EXHIBIT A Legal Description Lying and being situate in Edgecombe County, North Carolina, and more particularly described as follows: Beginning at a point in the southern line of Seaboard Coast Line Railroad Company and on the south side of North Carolina State Road No. 1212 (formerly State Road 1215), said point being located at the northwest comer of the Anaconda-Ericeson, Inc. property; thence from said point of beginning along said Anaconda line South 10 degrees 34 minutes West 1,977.26 feet to a concrete monument, cornering; thence with the property of Clifton J. Weeks, Jr., (formerly Henry C. Bridgers, Jr.) North 78 degrees 56 minutes West 913.62 feet to a concrete monument, cornering; thence with the line of Clifton J. Weeks, Jr. (formerly Henry C. Bridgers, Jr.) and along the line of Earl Purvis North 12 degrees 19 minutes East 1,977.66 feet to an iron pipe set in the southern line of the Seaboard Coast Line Railroad Company and on the south side of said North Carolina State Road No. 1212 (formerly State Road No. 1215), cornering; thence along the southern line of said Seaboard Coast Line Railroad Company, South 78 degrees 56 minutes East 853.38 feet to the point of beginning. Said property contains 40.1 acres, and is described according to map prepared by Kenneth 1). Talbot, Registered Land Surveyor, Tarboro, North Carolina, dated November 2, 1983, entitled "Survey for Masonite Corporation". Reference is made to said map for further description. 9558278vi2S6uMi i m V�- -� i.a gas Book: 1659 Page: 1197 Seq:4 SUPERIOR • ES SEX. 2801 Anaconda Road Tarboro, NC 27886 NCDENR Attn: Dave Parnell /John Holley 3800 Barrett Drive Raleigh, NC 27609 Dear Sir: We monitor six storm water outfalls and have been sampling and testing them monthly since November 2013. The attached results are the fourth consecutive month that all the outfalls have failed to be below the benchmark for copper and some of the outfalls fail to meet the benchmark for zinc. I am including a chart that plots the results for the six outfalls for copper and zinc. We have identified some sources of the contamination and have been working to improve them. The zinc is coming from some older galvanized steel roofs for which I have been seeking funds to treat. We found two specific sources of copper that have been addressed and we have stepped up our housekeeping throughout the facility, as we believe one source of copper is traffic in and out of the building. We are continuing our efforts and plan to continue the monthly monitoring, but our permit requires that I contact the Regional Supervisor upon the fourth month, which is the purpose of this letter. My contact information is below. Phil Benson 252-824-3530 Phil.benson@spsx.com f �I I� APR - 9 2014 1 f. 0.2 Zinc 0.18 0.16 0.14 0.12 0.1 0.08 0.06 \001� '0010� 0.04 0.02 0 3/12/2013 11/7/2013 1/2/2014 2/13/2014 3/3/2014 SD-01 SD-02 SO-03 -SD-04 -SD-05 -SD-06 Copper 0.12 0.1 0.08 0.06 0.04 0.02 0 Date 3/12/2013 11/7/2013 1/2/2014 2/13/2014 SD-01 SD-02 SD-03—SD-04 SD-05 --SD-06 `Copper Benchmark Semi-annual Stormwater Discharge Monitoring Report for North Carolina Division of Water Quality General Permit No. NCG030000 Date submitted V'I" 03/14/2014 CERTIFICATE OF COVERAGE NO. NCG030000 FACILITY NAME Superior Essex Communications, LP couNTY Edeecombe PERSON COLLECTING SAMPLES _Jack Fisher LABORATORY Environment 1 Lab Cert. # 10 Comments on sample collection or analysis: Superior Essex Lab Cert: # 5546 Part A: Stormwater Benchmarks and Monitoring Results SAMPLE COLLECTION YEAR _2014 SAMPLE PERIOD ❑ Jan -June ❑ July -Dec or ® Monthly' March DISCHARGING TO CLASS ❑ORW ❑HQW ❑Trout ❑PNA ❑Zero -flow ❑Water supply [—]SA ®Other C•NSW PLEASE REMEMBER TO SIGN ON PAGES 2 AND/OR 3 4 No discharge this period-? Outfall No. Date Sample Collected' (mo/dd/yr) 24-hour rainfall amount, Inches; Total Suspended Solids pH, Standard units Copper Lead Zinc Non -Polar O&G/ Total Petroleum Hydrocarbons Total Toxic Organics5 Benchmarks =__> - - 100 mg/L or 50 mg/L 6.0 — 9.0 0.007 mg/L 0.03 mg/L 0.067 mg/L 15 mg/L 1 mg/L SD01 03/03/2014 0.75 2.8 7.5 .011 <0.005 .088 <5.0 NA SD02 03/03/2014 0.75 43 6.7 .109 <0.005 .113 <5.0 NA S1303 03/03/2014 0.75 8.3 7.5 .063 <0.005 .061 <5.0 NA S1304 03/03/2014 0.75 <6.7 7.3 .060 0.005 .076 <5.0 NA SD05 03/03/2014 0.75 15 6.5 .048 <.005 .188 <5.0 NA SD06 03/03/2014 0.75 21 7.4 .006 <0.5 .037 <5.0 NA ' Monthly sampling (instead of semi-annual) must begin with the second consecutive benchmark exceedance for the same parameter at the same outfall. Z For sampling periods with no discharge at any single outfall, you must still submit this discharge monitoring report with a checkmark here. 3The total precipitation must be recorded using data from an on -site rain gauge. Unattended sites may be eligible for a waiver of the rain gauge requirement. See General Permit, Table 3 identifying the especially sensitive receiving water classifications where the more protective benchmark applies. 5 Total Toxic Organics sampling is applicable only for those facilities which perform metal finishing operations, manufacture semiconductors, manufacture electronic crystals, or manufacture cathode ray tubes. For purposes of this permit the definition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the facility subject to the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.11; for semiconductor manufacture use the definition as found in 40 CFR 469.12; for electronic crystal manufacture use the definition as found in 40 CFR 469.22; and for cathode ray tube manufacture use the definition found in 40 CFR 469.31). Permit Date: 11/1/2012-10/31/2017 SWU-245, last revised 10/25/2012 Page 1 of 3 Facilities that incorporate a solvent management plan into the Stormwater Pollution Prevention Plan may so certify, and the requirement for TTO monitoring may be waived. The solvent management plan shall include a list of the total toxic organic compounds used and the other elements listed in the General Permit. For those facilities electing to employ the TTO monitoring waiver, the discharger shall sign the following certification statement: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirement for total toxic organics (TTO), I certify that to the best of my knowledge and belief, no dumping of concentrated toxic organics into the stormwater or areas which are exposed to rainfall or stormwater runoff has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the all the provisions of the solvent management plan included in the Stormwater Pollution Prevention Plan." Name (Print name) Title (Print title) (Signature) (Date) Note: Results must be reported in numerical format. Do not report Below Detection Limit, BDL, <PQL, Non -detect, ND, or other similar non -numerical format. When results are below the applicable limits, they must be resorted in the format: "<XX mg/L", where XX is the numerical value of the detection limit, reporting limit, etc. in mg/L. Note: If you report a sample value in excess of the benchmark, you must implement Tier 1, Trer 2, or Tier 3 responses. See General Permit text Part B: Vehicle Maintenance Area Monitoring Results: only for facilities averaging > 55 gal of new oil per month. ❑ No discharge this period?' Outfall No. Date Sample Collected (mo/dd/yr) 24-hour rainfall amount, Inches Non -polar O&G/TPH by EPA 1664 (SGT-HEM) Total Suspended Solids pH Benchmarks =__> _ - 15 mg/L 100 mg/L or 50 mg/L" 6.0 — 9.0 SU Footnotes from Part A also apply to this Part B * See General Permit text, Table 5, identifying the especially sensitive receiving; water classifications where the more protective benchmark applies. Permit Date: 11/1/2012-10/31/2017 SWU-245, last revised 10/25/2012 Page 2 of 3 M Note: If you report a sample value in excess of the benchmark, you must implement rier 1, Tier 2, or Tier 3 responses. See General Permit text d FOR PART A AND PART B MONITORING RESULTS: • A BENCHMARK EXCEEDANCE TRIGGERS TIER 1 REQUIREMENTS. SEE PERMIT PART II SECTION B. • 2 EXCEEDANCES IN A ROW FOR THE SAME PARAMETER AT THE SAME OUTFALL TRIGGER TIER 2 REQUIREMENTS. SEE PERMIT PART II SECTION B. • TIER 3: HAS YOUR FACILITY HAD 4 OR MORE BENCHMARK EXCEEDENCES FOR THE SAME PARAMETER AT ANY ONE OUTFALL? YES ® NO ❑ IF YES, HAVE YOU CONTACTED THE DWQ REGIONAL OFFICE? YES ® NO ❑ REGIONAL OFFICE CONTACT NAME: Dave Parnell/John Holley (note: I was referred to them by Dan Smith Mail an original and one coav of this DMR. includina all "No Discharae" reports. within 30 days of receipt of the lab results for at end of monitorina Period in the case of "No Discharge" reports) to: Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORMATION REPORTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Signature of (Date) Permit Date:11/1/2012-10/31/2017 SWU-245, last revised 10/25/2012 Page 3 of 3 NCDEE R North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor Phillip Benson Superior Essex Communications LP 2801 Anaconda Rd Tarboro, NC 27886 Dear Permittee: Charles Wakild, P. E. Director December 4, 2012 Natural Resources Dee Freeman Secretary Subject: NPDES Stormwater Permit Coverage Renewal Superior Essex Communications LP COC Number NCG030261 Edgecombe County In response to your renewal application for continued coverage under stormwater General Permit NCG030000 the Division of Water Quality (DWQ) is forwarding herewith the reissued General Permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended). The following information is included with your permit package, • A new Certificate of Coverage (COC) • A copy of General Permit NCG030000 • A copy of the Technical Bulletin for the General Permit • Two copies of the Discharge Monitoring Report (DMR) Form • Two copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater, and it specifies your obligations for discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all the changes in the reissued permit. Your facility has six (6) months from the time of receipt of the permit to update your current SPPP to reflect all new permit requirements. The first sample period of your permit begins January 1, 2013. Your facility must sample a "measureable storm event" beginning during the periods beginning January 1 and July 1 of every year (or, if applicable, report "No Flow," as outlined in Part III, Section E). Also, please note that Tier 3 Actions in Part It of your permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this permit and do not count prior exceedances. The more significant changes in the General Permit since your last COC was issued are noted either in the Draft Permit Fact Sheet that accompanied the public notice (http:/Iportal.ncdenr.org/web/wg/ws/su/current- notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are posted on the Stormwater Permitting Unit's website with the new General Permit. Please visit http://portal.ncdenr.org/web/wq/ws/su/npdessw (click on 'General Permits' tab) to review that information for your specific General Permit carefully. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phony: 91U07-63001 FAX: 919 807-6492 tntem-t: www.n(,waterauality.org An Eq,.J Opporlun41 Affirmative Actna Fmploy, r NorthCarolina Natul-WAY Phillip Benson December 4, 2012 Page 2 of 2 Some of the changes include: Part II: • Section A: The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated to the most current language of our permits. Additional conditions for specific industry sectors have been added to the SPPP requirements in some cases. • Sections 8, C: Failure to perform analytical stormwater monitoring may result in the Division requiring that the permittee begin a monthly sampling scheme. • Sections 8, C: A lower TSS benchmark of 50 mg/I for HQW, ORW, PNA and Tr Waters applies to these more sensitive waters. • Sections 8, C. The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas, and in some cases, other analytical monitoring requirements. • Sections 8, C, D: Inability to sample due to adverse weather must be recorded in the SPPP, or in separate on -site records if your General Permit does not require an SPPP. Adverse weather is defined in the "Definitions" section of the permit. • Sections 8, C: The term "Representative Storm Event" has been replaced by "Measurable Storm Event." A measurable storm event is defined in the permit. • Section D: If the permittee fails to respond effectively to problems identified by qualitative monitoring, DWQ may require the permittee to perform corrective action. Please review Parts III and N to understand the Standard Conditions of your new NPDES General Permit, including Compliance and Liability, Reporting, Monitoring and Records requirements; Operation and Maintenance obligations; and Definitions. Please note that ail samples anaiyzed in accordance with the terms of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on the Stormwater Permitting Unit's website above. DMR forms must be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. Aiso note that existing permittees do not need to submit a renewal request prior to expiration unless directed by the Division. Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. if you have any questions regarding this permit package, please contact the Division's Stormwater Permitting Unit at (919) 807-6300. Sincerely,/ for Charles Wakild, P.E. cc: DWQ Central Files Stormwater Permitting Unit Files Raleigh Regional Office STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG030000 CERTIFICATE OF COVERAGE No. NCG030261 STORMWATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-21S.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, Superior Essex Communications LP is hereby authorized to discharge stormwater from a facility located at: Superior Essex Communications LP 2801 Anaconda Rd Tarboro Edgecombe County to receiving waters designated as Hendricks Creek, a class C;NSW waterbody in the Tar - Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, and IV of General Permit No. NCG030000 as attached. This certificate of coverage shall become effective December 4, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 4th day of December, 2012. for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 'A KNEW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 28, 2010 Mr. Phillip A. Benson, Quality Manager Superior Essex 2801 Anaconda Road Tarboro, NC 27886 Subject: Monitoring requirement for Total Toxic Organics NCG030261, Superior Essex, 2801 Anaconda Road, Tarboro, NC Edgecombe County Dear Mr. Benson: This letter is in response to your letter of response received July 22, 2010. As per Part 11 Section B Analytical Requirements, Superior Essex, 2801 Anaconda Road, Tarboro, NC is not required to monitor for Total Toxic Organics and incorporate a solvent management plan in your SPPP as a separate chapter. We commend your effort to test for toxic organics at your next sampling event. Continue to implement your plan as required. The management of solvents must be taking into account at your facility and must be inclusive when implementing Part 11 Section A (2) of your Stormwater General Permit No. NCG030000. If you have any questions concerning, please contact me at telephone number 919/7914200 Sincerely, y Mack Wiggins Environmental Specialist Raleigh Regional Office cc: Raleigh Regional Office, Surface Water Protection Central Office Nlkally e hCarolina North Carolina Division of Water Quality Raleigh Regional Offloe Surface water Protection Phone (919) 7914200 Customer Service Internet: www.ncwaterquaf4y.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-e748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NSUPERIOR ESSEX' ,,i/C G o 3 0%6 / Mr. Mack Wiggins Environmental Specialist North Carolina Department of Environment and Natural Resources Division of Water Quality 1628 Mail Service Center Raleigh, North Carolina 27699-1628 Dear Mr. Wiggins: In response to your letter of June 28"'' I have researched the requirements for the testing of Total Toxic Organics and find that these requirements apply only to facilities that perform metal finishing operations, manufacture semiconductors, manufacture electronic crystals or manufacture cathode ray tubes. Our facility does not have any of these operations. The metal finishing operations category was intended to cover metal fabrication, metal preparation and finishing operations such as plating and painting where solvents and other chemicals were used to treat the metal. These industries were grouped in Standard Industrial CIassification Code 34, now NAICS 332. Drawing of non-ferrous metals and the manufacture of wire and cable is included in Standard Industrial Classification Code 33, now NAICS 331. Superior Essex is actually in NAICS 331422. As a result, I do not feel it is necessary for us to create a Solvent Management Plan, but do intend to test for toxic organics at our next sampling event. If you disagree with this approach, please contact me at your earliest convenience. We want to assure you Superior Essex intends to comply with every requirement of our permit and will be glad to address any concerns or provide further clarification as required. Sincerely, Phillip A. Benson Quality Manager 252-824-3530 phil.benson@spsx.com Superior Essex Communications LP • 2801 Anaconda Road • Tarboro, North Carolina 27886 Telephone 252,823.5111 • Fax 252.624.3502 fi li NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 28, 2010 Mr. Carl J. Warren Plant Manager Superior Essex Communications LP 2801 Anaconda Road Tarboro, NC 27886. SUBJECT: Compliance Evaluation Inspection Superior Essex Communications LP Permit No: NCG030261 Edgecombe County Dear Mr. Warren: z1offid:0 Natural Resources Dee Freeman Secretary On May 19, 2010, Mack Wiggins of 'the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh Regional Office, conducted a compliance evaluation inspection of Superior Essex, at 2801 Anaconda Road, Tarboro, NC. Your assistance and cooperation along with the assistance of Mr. Phillip Benson was very helpful and appreciated during the inspection process. I. The following observations were made during the inspection: 1. This facility manufactures wire and cable products. 2. This facility has four stormwater outfalls. No outfalls have representative status. Monitoring is currently being performed at all four outfalls. The discharge from all outfalls was clear and free of debris at the time of the inspection. All outfalls were accessible for monitoring. 3. Monitoring is performed as required by General Stormwater General Permit NCG030000. Analytical and qualitative results are recorded on the forms provided by DWQ. 4. Samples are collected by Superior Essex. All analyticals with the exception of pH are done by Environment 1, Inc. Superior Essex Communications LP Lab does the analytical for pH. 5. The facility provides all necessary secondary containment as required. 6. The facility has six basins within the plant that receive process water. The process water is later treated by an oil/water separator and then recycle back into the process. When basins are pumped out, the oil and process water goes to Noble Oil. Loading docks, roof drains and yard surface drains are the only sources of stormwater. NonehCarolina ;ataally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org 1628 Mall Service Center Raleigh, NC 27699-1020 FAX (919) 768-7159 877-623.6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper [V1r.'Cari J )#arrcn Superi&Egs'6z,Commun1406s LP �un4,�2g 201�•,..p.�.s., 7. The Stormwater Pollution Prevention Plan address all required items as required by Part II Section A. The SPPP does not address solvent management as required. The plan is updated once per year. II. Requirements: 1. The facility is managing their solvents, but the solvent plan is not addressed in their Stormwater Pollution Prevention Plan as required by Part 11, Section B, Analytical Monitoring Requirements. Must incorporate a solvent management plan in your SPPP as a separate chapter. 2. Must monitor for TTO until your solvent management plan is incorporated as a separate chapter in your Stormwater Pollution Prevention Plan. Please respond to Part II, item 1 within 30 days after receipt of this letter. Thanks for your cooperation during the inspection. If you or your staff have any questions, please call me at (919)791-4200. Sincerely, Mack Wiggins Environmental Specialist Raleigh Regional Office, SWP cc: Central Files .RRO File Mr. Phillip Benson -Superior Essex Communications LP 0 Permit: NCG030261 SOC: County: Edgecombe Region: Raleigh Compliance Inspection Report Effective: 11/01/07 Expiration: 10/31/12 Owner: Superior Essex Communications LP Effective: Expiration: Facility: Superior Essex Communications LP 2801 Anaconda Rd Contact Person: Carl J Warren Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 0511912010 Entry Time: 03:30 PM Primary Inspector: Mack K Wiggins Secondary lnspector(s): I, r Tarboro NC 27886 Phone: 252-824-3559 Certification: Exit Time: 04:47 PM Phone: Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: IN Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG030261 Owner - Facility: Superior Essex Communications LP Inspection Date: 05119/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NGG030261 Owner - Facility: Superior Essex Communications LP Inspection Date: 05/19/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ Cl # 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 Plan 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 annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: The facility must implement a solvent management plan as required by Part II, Section B: Analytical Monitoring requirements. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Must monitor for TTO until a solvent manage plan is incorporated as a separate chapter in your SPPP plan Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ■ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 a/ Permit: NCG030261 Owner - Facility: Superior Essex Communications LP Inspection Date: 0511912010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Page: 4 el k n North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Carl J. Warren Plant Manager Superior Essex Communications LP 2801 Anaconda Road Tarboro, NC 27886 Coleen H. Sullins Director November 23, 2009 SUBJECT: Compliance Evaluation Inspection Superior Essex Communications LP Permit No: NCG030261 Edgecombe County Dear Mr. Warren: Dee Freeman Secretary On November 20, 200.9, Mack Wiggins of the North Carolina Division of Water Quality, Surface Water Protection Section, Raleigh Regional Office, conducted a compliance evaluation inspection of Superior Essex, at 2801 Anaconda Road, Tarboro, NC. Your assistance and cooperation along with the assistance of Mr. Phillip Benson was very helpful and appreciated during the inspection process. I. The following observations were made during the inspection: 1. This facility manufactures wire and cable products. 2. This facility has four stormwater outfalls. None of the outfalls have representative status. Monitoring is currently being performed at all four outfalls. During the time of the inspection, the discharge from outfalls 1 and 2 was slightly turbid. The discharge from outfall 3 and 4 was clear and free of debris. All outfalls were accessible for monitoring. 3. Monitoring is performed as required by General Stormwater General Permit NCG030000. Analytical and qualitative results are recorded on the forms provided by DWQ. 4. Samples are collected by Superior Essex. All analyticals with the exception of pH are done by Environment 1, Inc. Superior Essex Communications LP Lab does the analytical for pH. 5. The facility provides all necessary secondary containment as required. 6. The facility has six basins within the plant that receive process water. The process water is later treated by an oil/water separator and then recycle and/or pumped and delivered to a wastewater treatment facility. Loading docks, roof drains and yard surface drains are the only sources of stormwater. None Cato ina oNatmally North Carolina Division of water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NO 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Afflrmative Action Employer — 50% Recycled/1 0% Post Consumer Paper Mr. Carl J. Warrens• -, z " , - 'r Superior Essex Communications Cy Pam November 23, 2009 7. The Stormwater Pollution Prevention Plan is updated once per year, and include employee training. The following is required: 1. Closely monitor outfalls 1 and 2. Infiltration from the nearby yard or construction activity near the location of the storm drain, may be resulting in conveyance of sedimentation/turbidity to surface waters. Thanks for your cooperation during the inspection. If you or your staff have any questions, please call me at (919)791-4200. Sincerely, Mack Wiggins Environmental Specialist Raleigh Regional Office, SWP cc: Central Files RRO File Mr. Phillip Benson -Superior Essex Communications LP Permit: NCG030261 SOC: County: Edgecombe Region: Raleigh Compliance Inspection Report Effective: 11/01/07 Expiration: 10/31/12 Owner: Superior Essex Communications LP Effective: Expiration: Facility: Superior Essex Communications LP 2801 Anaconda Rd Contact Person: Carl J Warren Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(e): Related Permits: Title: Inspection Date: 11/20/2009 Entry Time: 01:46 PM Primary Inspector: Mack K Wiggins i C�v' Secondary Inspector(s): Tarboro NC 27886 Phone:252-824-3559 Certification: Exit Time: 04:12 PM Phone: Phone: 919-791-4200 Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: Metal Fabrication Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCG030261 Owner - Facility: Superior Essex Communications LP Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: Page: 2 I Permit: NCG030261 Owner- Facility: Superior Essex Communications LP Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for visit: Complaint Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ Cl # 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? ■ ❑ Cl ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan 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 annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? WOOO Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: The facility does not have vehicle maintenance on site. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfaII status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ Cl ❑ Comment: Page; 3 ,� WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 3, 2009-�;--�r."� 5546 ,SUN 1 12009 Mr. David Sessoms Superior Essex Comm. LP r-+tr„' " €. 2801 Anaconda Rd Tarboro, INC 27886- Subject: North Carolina Wastewater/Groundwater Laboratory Certification (NC WWIGW LC) Initial Inspection Dear Mr. Sessoms : Enclosed is a report for the inspection performed on May 19, 2009 by Mr. Todd Crawford. Where finding(s) are cited in this report, a response is required. Within thirty days of receipt, please supply this office with a written item for item description of how these finding(s) were corrected. If the finding(s) cited in the enclosed report are not corrected, enforcement actions may be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A N CAC 2 H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email or if you have questions or need additional information, please contact us at 919-733-3908. Sincerely, Dana Sihite Certification Unit Supervisor Laboratory Section Enclosure cc: Todd Crawford 4 W n Regional Office , JU DENR DWQ Laboratory Section NC Wastewater/Groundwater Laboratory Certification Branch , 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 "One Location: 4405 Reedy Creek Road, Raleigh, North Carolina 27607-6445 NorthCarohna Phone: 919-733-39081 FAX; 919-733.6241 Internet: www.dwglab.org R'turody An Equal Opportunity l Affirmative Action Employer Customer Service:1-877.623.6748 www.ncwaterquality.org LABORATORY NAME: NPDES PERMIT #: ADDRESS: CERTIFICATE #: DATE OF INSPECTION: TYPE OF INSPECTION: AUDITOR(S): LOCAL PERSON(S) CONTACTED: INTRODUCTION: On -Site Inspection Report Superior Essex Comm. LP NCG030261 2801 Anaconda Rd Tarboro, NC 27886 5546 May 19, 2009 Field Initial Todd Crawford David Sessoms and Jack Fisher This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. Please submit copies of any revised or newly created forms to document sample collection, meter calibration and sample analysis along with your response to this report. GENERAL COMMENTS: Despite having more than two weeks advance notice of the inspection, and a list of items that would need to be made available during the inspection, the staff was unprepared and unable to produce much of the required documentation. The documents could either not be found or did not exist. Please be aware that under North Carolina Administrative Code, Title 15, Chapter 2, Subchapter 2H, Section .0805 (g) (1), Data pertinent to each analysis must be maintained for five years. All analytical data and related documentation must be readily available for inspection. The area reserved for analytical work was neat and clean. Many improvements in quality control and documentation are needed. Technical assistance documentation for field analysis of pH was sent to the lab on June 1, 2009 via email. Ill. FINDINGS REQUIREMENTS, COMMENTS AND RECOMMENDATIONS: PH — Standard Methods, 19t' Edition, 4500 H* B Comment: While observing the analyst perform a calibration procedure, it was noted that the pH electrode was placed directly into the entire bottle of buffer solution. After taking, the reading, the electrode was then transferred to the next buffer solution bottle without rinsing it with deionized (DI) water. Recommendation: The pH electrode should never be placed directly into the buffer solution bottle. Doing so increases the chance of contaminating the entire bottle, altering the true pH of the solution and thereby affecting the calibration of the meter. Instead, an adequate volume of buffer solution should be poured into a beaker and the electrode lowered into the beaker. The Page 2 #5546 Superior Essex Comm, LP reading should be taken while gentle stirring takes place. The electrode should be rinsed with DI water and blotted dry before submerging in the next buffer or sample. The buffer solution in the beaker.should then be properly discarded. Never pour the used buffer solution back into the storage bottle. A. Finding: The temperature sensing device on the pH meter had not been calibrated against an NIST certified reference or traceable thermometer annually (every 12 months). Requirement: All temperature sensing devices on meters must be calibrated against a NIST certified or NIST traceable thermometer annually (every 12 months) and proper corrections made and documented. The meter reading must be less than 1°C from the NIST certified reading to be acceptable. Document the serial number and manufacturer of the NIST thermometer that was used in the comparison. Document any correction that applies (even if zero) on both the meter and on a separate sheet to be filed. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. B. Finding: The filling hole on the pH electrode is not left open during calibration and analysis. Requirement: Always leave the filling hole of liquid filled combination electrodes open. Ref: Fisher Scientific Accumet pH Meter Manual. Comment: The analyst stated that he was unaware of the purpose of the filling hole or that it was supposed to be left open. Recommendation: The facility's document titled "Standard Test Method for Determining pH Value of Storm Water Run -Off' should be revised to address this issue. C. Finding: The pH meter is not being calibrated prior to sample analysis, Requirement: The meter must be calibrated prior to the analysis of samples. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. Comment: It was stated during the inspection that the meter was being calibrated quarterly; however, not necessarily on the same day and prior to regulatory sample analyses. D. Finding: The pH buffers used to calibrate the meter do not bracket the pH range of the samples. Requirement: The calibration must bracket the range of the samples being analyzed. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. Comment: The meter is being calibrated with buffers of pH 7 and 10. The storm water samples that are analyzed usually have a pH value of less than 7. B. Finding: After the initial calibration, the meter is not checked with a third pH buffer and verified to be within 0.1 Standard Units of the true value. Requirement: In addition to the calibration standards, the meter must be verified with a third calibration standard (e.g,, pH 7 buffer), In order to meet the above -specified criteria, the standard must read within a range of pH 6.9 to 7.1 to be acceptable. Ref: Technical Page 3 #5546 Superior Essex Comm, LP Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. Documentation F. Finding: The calibration time is not being documented, Requirement: The time of calibration must be documented whenever sample analysis is performed. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. G. Finding: Sample analysis time is not being documented Requirement: The time and date of sample analysis must be documented. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. H. Finding: The actual date and time of sample collection for each individual sample is not being properly documented. - Requirement: The time and date of sample collection must be documented. Ref: Technical Assistance for Field Analysis of Dissolved Oxygen and Technical Assistance for Field Analysis of pH. Comment: Information about the March 27, 2009 sampling event, which is documented on the Stormwater Discharge Outfall (SDO) Quality Monitoring Report and the Chain of Custody (COC) Record used for shipping samples to Environment 1, Inc., indicates that four separate samples were collected from four different outfall locations by the same person at the exact same time; the laws of physics suggest that this is not possible. Finding: The use of liquid paper correction fluid was observed on a calibration work order dated May 4, 2009. Requirement: All documentation errors must be corrected by drawing a single line through the error so that the original entry remains legible. Entries shall not be obliterated by erasures or markings. Wite-Out®, correction tape or similar products designed to obliterate documentation are not to be used. Write the correction adjacent to the error. The correction must be initialed by the responsible individual and the date of change documented. All data and log entries must be written in indelible ink. Pencil entries are not acceptable. Ref: North Carolina Wastewater/Groundwater Laboratory Certification (NC WWIGW LC) Policy. IV. PAPER TRAIL INVESTIGATION: A paper trail could not be performed during the inspection due to the lack documentation provided. V. CONCLUSIONS: Correcting the above -cited findings and implementing the recommendations will help this lab to produce quality data and meet certification requirements. The inspector would like to thank the staff for its honesty and assistance during the inspection and subsequent data discovery and review process. Please respond to all findings. J Report prepared by: Todd Crawford Date: June 1, 2009 Report reviewed by: Tony Hatcher Date: June 2, 2009 ' ` SUPERIOR ESSEX ® t, M rI A. Nisel Acting Raleigh Regional Surface Water Quality Supervisor, North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 �`Gv Dear Sir: In response to the Notice of Violation that resulted from the Compliance Evaluation Inspection of March 2, 2006, we offer the following corrective actions. The outfall we have been using for sample collection could potentially have some dilution from our neighbors and from non -industrial activity on our own property. There are two streams entering this outfall that we believe would better represent the run-off from our industrial activity that we can sample at approximately the same location. We would propose that we use these two streams as two separate outfalls and provide test data from each. This would double our testing, but provide a better set of data that represents the run-off from our site. We are recommending that this be included in the update to our SP3. • We have already planned to have an outside service assist in updating both our SP3 and our SPRP to reflect recent changes and correct some of the oversights in the current versions. These updates will include: a Improvements to the site plan to show Hendricks Creek, the location of potential pollutants, a precise location of the outfall (my GPS coordinates are N 35 54' 39.1", W077 34' 51.5"). o Site plan will be to scale. o A specific preventive maintenance plan for storm water control systems that includes a review and maintenance of storm drains, drainage ditches, roof drains, containment areas and other systems as appropriate. o There have been no significant spills at the plant since October of 2004 and this fact will be noted in the updated plan. o The update to these plans should be completed in the next 90 days and will be reviewed annually thereafter. o Changes to our secondary containment areas. We recently, March 31, 2006, evaluated our system for non -storm water discharges and documented this according to our plan. March 3151 was just prior to a forecasted rain event and was 10 days after the last rain event. There was no flow through the drains on the east side of the plant and very little flow on the west side. The flow that was there was surface drainage coming from the farm field on the west side of the property. We found no flow from the building, roof drains or surface drains. This review will be repeated at least annually. A copy of the signed certification is attached. Superior Essex Communications LP • 2801 Anaconda Road • Tarboro, North Carolina 27886 Telephone 252.823.5111 • Fax 252,824,3502 • • • Under the category of Best Management Practices we have recently eliminated a secondary containment area that was difficult to maintain. o This was accomplished by replacing a single walled diesel tank with a double walled tank and eliminating three other tanks. o We will obtain costs for building a shelter over our scrap container storage area and if determined to be viable will include this in our capital budget plans for 2006. We should have this cost estimate by the end of June. This is an alternative to putting lids on all the containers. o We will work on reducing our inventories of these materials kept outside to not only reduce our exposure, but reduce the size of the area needed and reduce working capital requirements for the company. o Store as much material inside the building as practical to minimize exposure. o Evaluate the benefit of the boil -off tank and its containment area versus the cost of having this material hauled away and properly disposed of. • We have contracted to have a secondary containment built around our diesel fuel tank that supplies our fire pump (this should be complete by the end of June). • The secondary containment area on the west side of the plant will be drained and cleaned by the end of June. We are having the waste tested to determine the proper disposal. • The SPRP team will be updated to include personnel that are on -site during all hours of operation. • The preventive maintenance plan being developed as part of the SP3 plan will include the regular cleaning of material handling areas to include our reel storage yard and truck loading and unloading areas. • Our SPRP plan had been reviewed annually, but our SP3 plan had been overlooked. It is currently under review and will be updated within the next 90 days. It will be reviewed annually in the future. • Our EPA coordinator, currently myself, will be designated as being responsible for any applicable training of both SPRP team members and appropriate employees in proper spill response and clean-up. • The update to these plans should be completed in the next 90 days and will be reviewed annually thereafter. • A semi-annual inspection was completed April 24, 2006 and a copy is attached. These inspections will be completed each spring and fall as required. • We were able to locate a report completed July 14, 2003 that included a test result for pH. The level reported was such that continued annual testing should not have been required. We are required to test all parameters in the final year of our permit, which will begin at the end of August. Our intent is to sample during the first adequate rain event in September and have all parameters tested at that time. I have been in contact with Environment 1, Incorporated to arrange this testing. • A qualitative monitoring report was completed on April 3, 2006. These observations were done during a significant rain event. A copy of the report is attached for your review. In the future this report will be completed at least twice per year. We want to assure you Superior Essex intends to comply with every requirement of our permit. If you have any concerns with our response to this compliance inspection or need further clarification, please contact me at any time. Sincerely, i Phillip A. Benson Quality Manager 252-824-3530 Phil. Benson@spsx.com Attachments: Semi-annual facility inspection, 4 pages Storm water Discharge Outfall Qualitative Monitoring Report, 2 pages Stormwater Discharge Outfall Monitoring report, 2 pages Certification of Outfalls for Non-Stormwater Discharges, 1 page I 4 • Gate: ` - ;t 0 b Superior Cable - Semi -Annual Facility Inspection This inspection should be performed twice yearly; once in the spring and once in the fall. The inspection begins with indoor areas followed by outdoor areas and the stormwater outfall. If a mark is not placed next to a bold response the item must be addressed in the Comments section. I. Maintenance Shop: Observe all work areas and chemical storage areas. Action Needed? Are all drums/containers located in designated storage areas? (yes) (no) Are all drums/containers sitting upright and closed? I,", (yes) (no) Are drums/containers labeled properly? (yes) i% (no) es. Is there any evidence of spillage or leakage? (yes) / (no) Is accumulated oil present in drip tray under oil storage rack? ✓ (yes) (no) f� Are there any damaged or corroded drums/containers? (yes) +✓ (no) Is there any trash or debris in the area? (yes) (no) Comments or corrective actions needed: r�I�.1le, 1I. Manufacturing Areas: Walk through all indoor manufacturing areas and observe all operations and storage. Action Needed? Complete the Tank Visual Inspection Record for tanks in this area w` (completed) Are chemicals in use stored properly in designated areas? Are unlabeled drums present? Is spill cleanup equipment available with plenty of absorbent? Is any trash or debris present? Are material storage areas orderly and free of spillage? Is there any oil or chemical leakage from process equipment? (yes) (no) s� (yes) (no) r✓ (yes) (no) (yes) (no) 1-"" (yes) (no) ✓ (yes) (no) U-e S Are full drums of copper mud sealed? (yes) (no) Comments or corrective actions needed: G',. no ,ry, ,,, a,,. �r 1► r�:� f �c� rags gs• e� �W li Project No. 97088 I of d Semi -Annual Inspection Qate: q- o G III. Loading Docks: Observe the area around the loading docks inside and out. Action Needed? Is spill cleanup equipment available with plenty of absorbent? � (yes) (no) Is the area accessible and free of trash or debris? (yes) (no) k1 S Is the air compressor free of excess oil leakage? Y (yes) (no) {T Is the retaining wall around the compaction dumpster intact? _ 1/ (yes) (no) Is there excess oil or water inside the retaining wall? (yes) _t0f_ (no) Are the seals around the loading dock in good condition? (yes) --i,/_ (no) Comments or corrective actions needed: � ih_- K. f ! M_ "[1 C &- IV. Bulk Storage.Along Rail Spur: Observe the bulk plastic storage tanks, flooding tanks, and 'the area around the rail spur. Action Needed? - Complete the Tank Visual Inspection Record for tanks in this area L--" (completed) Is the area free of excess plastic pellets, trash or debris? (yes) Y (no) Is there evidence of spillage along the rail spur? (yes) (no) Comments or corrective actions needed:. V. Facility Grounds: Walk the property in such a way that areas on all sides, of the building are viewed. Complete the Tank Visual Inspection Record for the fueling area tanks and the tank for the water pump motor. Are the grounds free of excess plastic pellets, trash or debris? Is there evidence of spills or leaks to the ground surface? Is recyclable copper properly stored? Are the storm drain grates free of debris? Are reels of finished cable properly stored? Are used pallets and lumber properly stored? Action Needed? (completed) _$ (yes) (no) (yes) F/ (no) s/ (yes) (no) —`J (yes) (no) (yes) (no) (yes) (no) ..' Project No. 97088 2 of 4 Semi -Annual inspection 0 Oate: W J- q - 4 Comments or corrective actions needed: S VI. Stormwater Outfall: Observe the drainage ditches along Anaconda Road and observe the stormwater discharge point across Anaconda Road and the railroad tracks. —411 Action Needed? Are the ditches free of stains and trash or debris? Is there evidence of erosion of the ground surface? .�� (yes) (no) (yes) _ _plf (no) Are the storm drain lines free of debris or obstructions? (yes) (no) Comments or corrective actions needed: G .E r VIL Spring Inspection Onlyl Evaluate the outfall for any non-stormwater flow (note that due to the depth of the subsurface drainage pipes, ground water may seep into the pipes and flow to " the outfall). Record the evaluation here and on page 4 of the SPP Plan. Date Outfall Method of Results of Test Persons Conducting Number Test Test 3 0 3� / � 1 visual L/ r VIII. Qualitative Monitoring : A Qualitative Monitoring Form must be filled out after observing the outfall during M;/X rain event (no minimum rainfall or dry period required). A r �4'O7• 0 Inspection Conducted By:1i Signature: Title: r Date: t ;7 Project No. 97088 3 of 4 Semi -Annual Inspection Date: I V 41O TANK VISUAL INSPECTION RECORD Inspect each item designated below and place a check mark in each box if there are no concerns or NIA if the item does not apply. Items which need to be addressed should be listed on the Semi -Annual Facility Inspection form. . TANK PIPING CONTAINMENT Tanks Tank Supports Manhole Piping Piping Gaskets Relief Gate Check Strainers Supports Blank Dike I Water in Shell Covers Unions Valves Valves Valves Flan es Wall Dike? 20,000 gal Flooding Compound ✓ `� ✓ ✓ ✓ !f �/ ✓ ✓ 40,000 gal Flooding �' ✓ V Compound '� ✓ 5,000 gal Flooding � �f Compound Tank #1 5,000 gal Flooding Compound Tank #2 (�z - r� 5,000 gal Flooding Compound Tank #3 F 5,000 gal Flooding Come2und Tank #4 �+71+? 3,000 gal Boil -Off Y, ✓ 2,400 gal Solene 300 gal Gasoline 500 gal Diesel Fuel v 300 gal Diesel Fuel ✓ r J J l ✓ fl 300 gal Kerosene 150 gal Kerosene 500 gal Used Oil Y 300 gal Diesel (Fire Water Pump) Y ✓ ✓ ,, J ! "4 /I�l Tank Visual Inspection Record 1✓�- • �'c� + 8 �� �[,' Page 4 of 4 Semi-AnntW Inspection 0 �Yd „a FA►F 4 Stormwater Discharge Outfall (SD4) Qualitative Monitoring Report Permit No.: NIG �l�'1 aI �l �'I0/&/ or Certificate of Coverage No.: NIC/GI�Is'Ip hI 111 Facility Name: County: 24.4.C=, En. Phone No. it �;" Inspector: a Date of Inspection: ... V 3 , By this signature, I certify that this report is accurate and complete to the best of my -knowledge: (Signature of Pereatee, or Designee) 1. Outfall Description Outfall No. Structure (pipe, ditch, etc.) C Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color Describe the color of the disc dark) as descriptors: 3. Odor Describe any distinct odors that the etc.) /1%a �.��:r Ae 7'�r <:.7 4. Clarity using basic colors (red, brown, blue, etc.) and tint (light, medium, ` may have (i.e., smells strongly of oil, weak chlorine odor, Choose the number which best describes the clarity of the discharge where I is clear and 10 is very cloudy: 1 2 3 4 5 6 7 8 9 10 Page - .V,. 5 W U-242-101599 f 5. Floating Solids Choose the number which best describes the amount of floating solids in the stormwater discharge where 1 is no solids and 10 is the surface covered.with floating solids: I C2,) 3 4 5 6 7 8 9 10 6. Suspended Solids Choose the number which best describes the amount of suspended solids in the stormwater discharge where I is no solids and 10 is extremely muddy: 1 2 3 D4 5_ 6 7 8 9 10 7. Foam Is there any foam in the stormwater discharge? Yes No 8. Oil Sheen Is there an oil sheen in the stormwater discharge? Yes No'/ 9. Other Obvious Indicators of Stormwater Pollution List and describe sir y / -• o o ll i.V ✓f ' �=�...•ram A' -! j 1' r Note: Low clarity, high solids, and/or the presence of foam or oil sheen may be indicative of pollutant exposure. These conditions may warrant further investigation. Page 2 SWU-242-101599 STORMWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT '- GENERAL PERMIT NO. NCGO30000 CERTIFICATE OF COVERAGE NO. NCG03 it FACILITY NAME PERSON COLLECTING.SAMPLE(S) 1i ✓<'+ Z ` CERTIFIEDLABORATORY(S) Lab# Lab # Part A: Specific Monitoring Requirements I. SAMPLES COLLECTED DURING CALENDAR YEAR: (This monitoring report shall be received by the Division no a! ter than 30 days from the date the facility receives the sram�e ng results from the laboratory.) COUNTY , _ PHO ENO. �s (SIGNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate complete to the best of my knowledge Does this facility perform Vehicle Maintenance Activities usftingTThan 55 gallons of new motor oil per month? yes le v (if yes, complete Part 13) Part B: Vehicle Maintenance Activity Monitoring Reauiremm Outfall z f Hate,; �. t aoaoa�;� No.�� � �,.,A � S�rmple �� �, ��utal mow; � �Ql�: � lsH " � ,x•� a e ftWd rG . rn tttiit STORM EVENT CHARACTERISTICS: Dale '7 - � �.� . �. � Total Event Precipitation (in hes): ' Event Duration (hours): (if more than one storm event was sampled) Date Total Event Precipitation (inches): Mail Original and one copy to: Attu. Central Files DEHNR Division of Environmental Mgt. P.O. Box 29535 Raleigh, NC 27626-0535 Form MR03 i Page l of 2 f .-Ak, Footnotes: uv -P tri - - Total Toxic Organics sampling is applicable ot�for Faciiities.whichperform metal finishing operations, manufacture semiconductors, manufacture electronic crystals, or manufacture cathode raytubes. For purposes of psi tNeldefmition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the facility sub'e lw� l� . . - g �.�.... Y J to the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.11; for semiconductor manufacture use the definition as found in 40 CFR 469.12; for electronic crystal manufacture use the definition as found in 40 CFR 469.22; and for cathode ray tube manufacture use the definition found in 40 CFR 469.31). Facilities that develop a solvent management plan to be incorporated into the Stormwater Pollution Prevention Plan may make a request to DWQ that monitoring of total toxic organics be waived_ The solvent management plan shall include a list of the total toxic organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and the procedures for assuring that toxic organics do not routinely spill or leak into the stormwater. For those facilities allowed sw a waiver, the discharger shall include the following signed certification statement on the discharge monitoring report: • "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirement for total toxic organics (7TO), 1 certify that to the best of my knowledge and belief, no dumping of concentrated toxic organics into the stormwater or areas which are exposed to rainfall or slormwater runoff has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the solvent management plan included in the Stormwater Polluda&Rrevention Plan." Name ease rin tL Title (please priatl y o3 ignatu Date "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision In accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person • or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false Information, including the possibility of fines and imprisonment for knowing violations." (Signature of Permittee) -elo�ev,-R- (Date) Form MR03 e 2of2 1.5 Certification of Outfalls for Nan-Stormwater Discharges The outfall for stormwater discharge at the Superior Cable facility has been evaluated for the presence of non-stormwater discharges during dry weather. This evaluation was performed when a site inspector from ArmGeoEng examined drainage piping and observed the outfall on November 11, 1997. The certification information is included below. Date Outfall Number Method of Test Results of Test Persons Conducting Test Nov. 11, 1997 1 Visual No non-stormwater discharges David Brainard 'A 0n'"51)Yw1vti�"'� This certification should be repeated annually as a part of the facility inspections. Each annual certification should be recorded here and on the facility inspection forms present in Appendix D. Project No. 97088 Armstrong Geological & Superior Cable - $PP Plan 4 Engineering Services, P.C. war�9°� 2 9 March 2006 Mr. Phil Benson Quality Manager Superior Essex Communications LLC 2801 Anaconda Road, Tarboro, NC 27886 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Notice of Violation Resulting from Compliance Evaluation Inspection on 2 March 2006, on NPDES General Stormwater Permit No. NCG030000 and Certificate of Coverage (COC) NCG030261 (NOV-2006-PC-0072) Superior Essex Communications LLC, Tarboro Edgecombe County Dear Mr. Benson, Mr. Ronald Boone, of the North Carolina Division of Water Quality, Surface Water Protection Section, conducted a compliance evaluation inspection (CEI) for the permit referenced above at Superior Essex Communications LLC's Tarboro, NC plant on 2 March 2006. Thank you for your assistance and cooperation in providing him a tour of the site, as well as an interview to review your stormwater management program. Your permit/COC was issued on 31 August 2002 by authority of North Carolina General Statute (NCGS) 143-215.1. This permit is intended to help prevent pollution of state waters that receive stormwater discharges from your facility. Compliance with this permit, as observed during Mr. Boone's inspection at your plant, is discussed below. Please use the permit references listed throughout this report for further explanation of each item cited. SITE SUMMARY This plant is a communications cable manufacturing facility dealing primarily with copper and plastics. Stormwater generated at your site is collected via a system of in -ground drains. All stormwater is discharged via one outfall located at the center of the northern border of the plant property. Stormwater is discharged from your plant to receiving waters designated as an unnamed tributary to Hendrick's Creek, a class C nutrient sensitive water (NSW) in the Tar -Pamlico river basin. Caro ina tura�lg North Carolina Division of Water Quality 1617 Mail service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: w tiu.n� tiu�cr 1ii,�lit} 11i Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledlt 0% Post Consumer Paper Superior Essex Communications LLC, Compliance Evaluation Inspection, 2 March 2006, NCG030261 Page 2 of 3 INSPECTION FINDINGS • In general the site was clean and well maintained. • The outfall where you currently take your samples for analytical monitoring actually receives multiple discharge streams from your site. Two of these streams collect some stormwater discharge from neighboring sites. Your permit requires you to take samples that are representative of the total stormwater flow from your site, prior to being diluted to any degree, by other non -representative streams. You must therefore ensure that all analytical samples you take are of the combined discharges from your site, prior to being diluted with the runoffs from the neighboring sites. Failure to do so will place you in violation of Part III, Section D, Paragraph 1. • The general location map in your stormwater pollution prevention plan (SP3), does not show the location and name of the receiving waters to which the stormwater outfall(s) discharge as required in Part II, Section A, Paragraph 1 a. Also, it does not show an accurate latitude/longitude of the outfall (point of discharge). The latitude/longitude currently listed in your SP3 is inaccurate and reflects a different, yet nearby location. • The site map you have in your SP3's site plan is not drawn to scale, does not show impervious surface, and does not show the percentage of each drainage area that is impervious. Additionally, the site map does not include a narrative description of the potential pollutants that could be expected to be present in the stormwater discharge (Part II, Section A, Paragraph lc). • The list of significant spills you have had at your site in the previous three years is outdated (Part II, Section A, Paragraph ld). • The certification that stormwater discharges have been evaluated for the presence of non-stormwater discharges is not signed as required in Part II, Section A, Paragraph le. • Your SP3 includes a feasibility study for adding new structural/non-structural best management practices (BMP). The SP3 was completed in 1998, yet nothing has been accomplished yet to implement the BMPs identified in the study. These BMPs could further guarantee that stormwater discharges from your site do not contaminate receiving waters and it is recommended that you consider implementing them sometime in the near future (Part II, Section A, Paragraph 2a). • There is a diesel fuel tank located on the southeast corner of your site that does not have secondary containment. You should provide secondary containment for this tank to prevent the contamination of stormwater runoff in the event that the tank fails. Additionally, the secondary containment for the boil down waste tank, located on the west side of the facility, was exceptionally dirty with a large amount of solid material in addition to at least four inches of liquid in the bottom of it. This secondary containment should be pumped/cleaned out. Please ensure that any wastes removed from this secondary containment are disposed of properly (Part II, Section A, Paragraph 2b). • The list of personnel responsible for your site's Spill Prevention and Response Program is out of date. Additionally, you do not have at least one of the personnel responsible for implementing the SPRP on site at all times while the facility is in operation. Please refer to Part II, Section A, Paragraph 3 for further compliance details on this issue. • Your preventative maintenance and good housekeeping program does not cover the maintenance of stormwater control systems. Additionally, it does not include inspections and regular cleaning schedules of material handling areas (Part II, Section A, Paragraph 4). • Your training program does not cover proper spill response and cleanup and preventative maintenance of stormwater control systems. Furthermore, your program does not identify those who are responsible for implementing the training program (Part 11, Section A, Paragraph 5). • Your SP3 is not reviewed and updated on an annual basis as required in Part II, Section A, Paragraph 7. r Superior Essex Communications LLC, Compliance Evaluation Inspection, 2 March 2006, NCG030261 Page 3 of 3 • Semi-annual inspections of your facility, as required in Part II, Section A, Paragraph 8, are not being accomplished. • Not all analytical monitoring is being accomplished as required. Specifically, no records of pH measurements were available as required in Part II, Section B. • Not all qualitative monitoring results were available as required in Part 11, Section C. The above -mentioned conditions and/or practices demonstrate mismanagement of your stormwater program and/or a misunderstanding of the requirements of your permit. Please be aware that violations of the conditions of your permit could result in the assessment of civil penalties in an amount of up to $25,000 per day per violation. Please reply within 30 days of your receipt of this letter with a narrative and your planned schedule to achieve compliance with all requirements or your stormwater discharge permit. If you need assistance with understanding any aspect of your'permit, please do not hesitate to contact Mr. Boone for assistance at 919-791-4259. Sincerely, 11( 0 �Ld Myrlk Ni el " s y Acting Raleigh Regional Surface Water Quality Supervisor cc: Stormwater Permitting Unit Central Files Non -Point Source Compliance Enforcement Unit State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director January 5, 2004 Mr. Tommy Boyette Superior Essex Communications LLC 2801 Anaconda Road Tarboro, North Carolina 27886 1 1?ENRrNORTH GAFlO ENVIRONMENT AND1 NATURAL RESOURCES (0 Ji e� r Subject; NPDES Permit Modification—Name/Ownership Change Permit NCG030261 Superior Essex Communications LLC (Formerly Superior Essex Inc) Edgecombe County Dear Mr. Boyette: In accordance with your request received November 17, 2003, the Division is forwarding the subject permit modification. This modification documents the change in name at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150E of the North Carolina General Statutes, filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. Sincerely, cc: Central Files Raleigh Regional Office, Water Quality Section NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733.5083, extension 520 (fax) 919 733-0719 VISIT us ON THE 1NTERNET @ htlpJNo.enr.state.nc.usl Valery,Stephens @ncmail.nei STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG030000 CERTIFICATE OF COVERAGE No. NCG030261 SfORMWATER 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, Superior Essex Communications LLC is hereby authorized to discharge stormwater from a facility located at Superior Essex Communications LLC 2801 Anaconda Road Tarboro Edgecombe County to receiving waters designated as an unnamed tributary to Hendricks Creek, a class C NSW water in the Tar - Pamlico 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. NCG030000 as attached. This certificate of coverage shall become effective January 5, 2004. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 5, 2004. } l Ian W. Klime , P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E., Director Division of Water Quality August 23, 2002 TOMMY BOYETTE SUPERIOR ESSEX INCORPORATED 2801 ANACONDA ROAD TARBORO, NC 27886 Subject: NPDES Stormwater Permit Renewal SUPERIOR ESSEX INCORPORATED COC Number NCO030261 Edgecombe County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG030000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A new Certificate of Coverage * A copy of General Stormwater Permit NCG030000 * A copy of the Analytical Monitoring Form (DMR) * A copy of a Technical Bulletin for the general permit Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 548 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office ern NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1- 800-623-7748 L "' �0F W A 7rF9Q �O 7 5 'C TOMMY BOYETTE SUPERIOR CABLE INCORPORATED 2801 ANACONDA RD TARBORO, NC 27886 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality December 27, 2001 Subject: NPDES Stormwater Permit Renewal SUPERIOR CABLE INCORPORATED COC Number NCG030261 Edgecombe County Your facility is currently covered for Stormwater discharge under General Permit NCG030000. This permit expires on August 31, 2002. The Division staff- is currently in the process of rewriting this permit and is scheduled to have the permit reissued by late summer of 2002. Once the permit is reissued, your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit coverage. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find a General Permit Coverage Renewal Application Form. The application must be completed and returned by March 4, 2002 in order to assure continued coverage under the general permit. Failure to request renewal within this time period may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. Please note that recent federal legislation has extended the "no exposure exclusion" to all operators of industrial facilities in any of the 1 ] categories of "storm water discharges associated with industrial activity," (except construction activities). If you fee] your facility can certify a condition of "no exposure", i.e. the facilty industrial materials and operations are not exposed to stormwater, you can apply for the no exposure exclusion. For additional information contact the Central Office Stormwater Staff member listed below or check the Stormwater & General Permits Unit Web Site at http://h2o.enr.state.nc.us/su/storinwater.htmI If the subject stormwater discharge to waters of the state has been terminated, please complete the enclosed Rescission Request Form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit renewal procedures please contact Joe Albiston of the Raleigh Regional Office at 919-571-4700 or Bill Mills of the Central Office Stormwater Unit at (919) 733-5083, ext. 548 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Raleigh 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 State of North Carolina Department of Environment, Health ind Natural Resources Divl"sion of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Paul E. Newhart Alcatel Telecommunications Cable 2801 Anaconda Road Tarboro, N.C. 27886 Dear Mr. Newhart: 1�• �_ E H N F=1 a I°, 4 �yy � October 22, 1993 z OP O Subject: General Permit No. NCG030000 Alcatel Telecommunications Cable COC NCG030261 Edgecombe County In accordance with your application for discharge permit received on October 1, 1992, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number 9191733- 5083. Sincerely, original Signed By Coleen -H. Sullins A. Preston Howard, Jr., P. E. cc: CRaleiglf-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 ,.s r. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG030000 CERTIFICATE OF COVERAGE NO. NCG03026 STORMWATER DISCHARGES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcatel Telecommunications Cable is hereby authorized to discharge stormwater from a facility located at Alcatel NA, Inc. Anaconda Road Tarboro Edgecombe County to receiving waters designated as an unnamed tributary to Hendricks Creek in the Tar - Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV of General Permit No. NCG030000 as attached. This certificate of coverage shall become effective October 22, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 22, 1993. Original Signed By Coleen H. �ulfins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission " v J y l v/ \vf q Redio ¢ • i �a r � Bell l ritridge„�` ' 23 5 I 6� Q /li$a' ' '�I r M i i• Vr 1 J c / ��1 I .PI .�. I .• 23.G„. V, Center : ••�� �i w% % 2 3 Trailer Park I �t1: , .. • \ .7 • ;� .,f.;.•• , C 8 hA /zi• WT 22.6 1 \ \ Indust r3—H al Peed a� (� 1 VT i q6 ,usn e nc • 21,0' 'f i3il L Opp g Ce 'Temple �. ' • VVT- .. ,. �� as os6ing' WF r I4I� North J} boro .12u ;1 Ir r BM ,I� 3o.4WT ns �.\� 36 �. ? / Ali, y Cem tery\,�-N �. '.• �` �j r, 'S'Hig ` ' �� 5 44 ��� 30 ' /��• �� �ti� ��✓✓ V t{ CD t V � . { r�� � J � //f��\`-'�� � ' �� 1 , \ ! � \` ` I Pendg n - Chapel a _ NAY r 11V 1 V =tee. •� r� Golf l ••1208 Course r�.'r �. , ,,► 1 =f 1� ✓� AP n it m li tilra C ' 11 it Ai to ,l 1 k'. \ ° ��Qgecom Ce�J v e`, w i I 314 ' j 1 BM i r 1205 � 1 L .� 27.8 r•' a Lookout r Towa I ' 77.5 z66 35' 1 267 zsc I ; • •9U ' SUGGS CROSSROADS bs +rM S155 1 S r FARMVI1tE 33 KM SCALE 1:24 ON KILOMETERS ? 71 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 1, 1997 TOMMY BOYETTE SUPERIOR CABLE INC. 2801 ANACONDA ROAD TARBORO, NC 27886 Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG030261 Edgecombe 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: ■ A copy of the stormwater general permit. ■ A Stormwater Pollution Prevention Plan Certification Form. This form certifies that you have developed and implemented the Stormwater Pollution Prevention Plan (SPPP) required in your permit. This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT send the SPPP with the signed form. 0 Five copies of Analytical Monitoring forms. ■ Five copies of Qualitative Monitoring forms. ■ A copy of a Technical Bulletin on the stormwater program with outlines program components and addresses frequently asked questions. m A corrected Certificate of Coverage if you indicated a name or address change on the Renewal Form returned to the Division. Your certificate of coverage is not transferable except after notice to DWQ. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DWQ or permits required by the Division of Land Resources, Division of Air Quality, Coastal Area Management Act or any other Federal or Local governmental permits that may be required. If you have any questions concerning this permit or other attached documents, please contact the Stormwater Group at telephone number (919) 733-5083 Sincerely, for . Preston Howard, Jr., P. E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ,t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG030000 CERTIFICATE OF COVERAGE NO. NCG030261 STORMWATER DISCHARGES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, SUPERIOR CABLE INC. is herby authorized to discharge stormwater from a facility located at: 2801 ANACONDA ROAD TARBORO,NC EDGECOMBE COUNTY to receiving waters designated as UT To Hendricks Creek in the TAR-PAMLICO 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. NCG030000 as attached. This Certificate of Coverage shall become effective September 15, 1997 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 1,1997 for A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authorization of the Environmental Management Commission I =77, Invoice#+ 2Dti3PR� 00i50E Domeln: tPermn Croated,"03J21f2003 `. Statua: Overdue " Type:„PermltAnnual Fee `rDual• 04J23J2003 Involve Une ttems r 1. Account#..-'11 - enteF " -- Name:' • •- ---.i. leeTYPV o nment- LWalled 1 Amount I -Paid 435100085 12341 INCO030261 -Superior EaeeK Communl . PBrmltAnnual Fee U ISSRAD-_S773 4Z Al IMDkO Payments Da 11- etch — Check — t � Payor P e'nt Method Posted Data [Check Dat E omme�t [.'"Amount— Allocated Am 700605 SUPERIOR Check 0510212083 57347 I _ Invoice Comment co paid 73.42 413103 01ea Chapters t imrolee Amount i60 00 , PayirasliDgtalls � - walved Amount: 80.00 ,, 'Y PeldAmount: i73,12 - l 9 BALANCE DUE 86:56 7= � J ,a t' i.-� ,nu Y.�� ` i. •nti '�.+ �, •. ,.fR' FIIYI6�'i,•� CenGel, �` _5. y �. z. :4;: .� COMPLIANCE Permit No. NQ�aG302& jNew K ModificatiorL—Renewal Discharging code: Actives Special *,Newly issued Active, but not discharging (on Hold SIC Code: Wastewater code(s): _-7_'-t7> _M TU : Basin Code: MajorLQIMinorL_ 03 ' Sub -minor: B� Latitude; 3S 6��Longitude; -77 6 3A' Ste" Type Ownerships �11,- 1 Minor:X Major: *No monitoring required