HomeMy WebLinkAboutNCG030230_COMPLETE FILE - HISTORICAL_20140528STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
NcG D 36Z3D
DOC TYPE
El COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ D�.O �7-i�J o2a
YYYYMMDD
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mark Huckaby
CVG — Interior Systems Division
200 National Drive
Vonore, TN 37885
Dear Mr. I-Iuckaby:
John E. Skvarla, III
Secretary
May 28, 2014
Subject: Rescission of NPDES Stormwater Permit
Certificate of Coverage Number NCG030230
CVG-Statesville
Iredell County
On March 21, 2014, the Division of Energy, Mineral and Land Resources received your request to rescind
your coverage under Certificate of Coverage Number NCG030230. In accordance with your request,
Certificate of Coverage Number NCG030230 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters
of the State without valid coverage under an NPDES permit is against federal and state laws and could result
in fines. If something changes and your facility would again require stormwater or wastewater discharge
permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the
proper permit coverage.
If the facility is in the process of being sold, you will be performing a public service if you would inform the
new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact Julie Ventaloro at 919-807-6370, or the Stormwater
staff in our Mooresville Regional Office at 704-663-1699.
Sincerely,
ORIt;IPIRI. SIGNED M
KEN PICK! F
for Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral and Land Resources
cc: Mooresville Regional Office — Z. Khan
Stormwater Permitting Program
Central Files - wlattachmcnts
Deborah Reese, DEMI,R Budget Office - I'lease waive applicable fees.
Division of Energy, -Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:llportal.ncdenr.org/web/Irl
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
IV
Ventaloro, Julie
From:
Khan, Zahid
Sent:
Wednesday, May 21, 2014 10:40 AM
To:
Ventalorp, Julie
Cc:
Bou-ghazale, Samar
Subject:
FW: Rescission Request NCG030230 CVG Statesville
Follow Up Flag:
Follow up
Flag Status:
Flagged
Julie,
Please see our recommendation to rescind. Thanks
From: Bou-ghazale, Samar
Sent: Tuesday, May 20, 2014 4:30 PM
To: Khan, Zahid
Subject: RE: Rescission Request NCG030230 CVG Statesville
Zahid,
We offer no objections for rescinding the subject permit since CVG is not occupying the facility at 2227 Salisbury Rd in
Statesville (Based on my inspection on 5/20/2014).
Thanks,
Samar
From: Khan, Zahid
Sent: Thursday, May 01, 2014 3:54 PM
To: Bou-ghazale, Samar
Subject: FW: Rescission Request NCG030230 CVG Statesville
Deadline May 22, 2014, Please send me the response instead of sending to Raleigh. Thanks
From: Ventaloro, Julie
Sent: Thursday, May 01, 2014 3:40 PM
To: Khan, Zahid
Subject: Rescission Request NCG030230 CVG Statesville
Zahid,
We've received a rescission request for one facility in your region:
NCG030230 — CVG-Statesville in Iredell County. Facility is located at 2227 Salisbury Rd,. Statesville. I contacted their
corporate headquarters after we received a returned invoice. Mark Huckaby, the HSE Manager, told me that CVG's
operations shut down in 2013, so I recommended they rescind their permit. He believes there may be a new occupant
at that location. If you need to contact him, Mr. Huckaby can be reached at 423-884-6651 or mark. huckaby@cvgrp.com.
He said the owner of the building is John Taws of Fletcher Industries.
Since CVG is no longer in operation at this facility and the building itself is occupied by another tenant, I don't know if a
site visit is needed. I'll leave that up to your judgement though.
Please let me know if the Mooresville Regional Office recommends rescission of this permit.
Thanks!
I
Julie Ventaloro
Stortnwatcr Permitting Program
NC Division of FnQrgy, Mineral, and band 17tsnurtics
16j2, Mail Service Center, 1talcigh, NC 27699-161.2
Phone: (gig) 8o7-6370 Fax; (gig) 8o7-6194
Website: httpa(lff=sunplywilteEshed.nc.gov
E-mail co respondence to and f'rorn this undress may he subject tc} the Norch Carolina PuhPic Records Law and may be disclosed to third
part ic:s,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mike Langefeld
Cvg-Statesville
2227 Salisbury Hwy
Statesville, NC 28625
Dear Permittee:
Charles Wakild, P. E.
Director
December 4, 2012
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
CVG-Statesville
COC Number NCG030230
Iredell 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 NCGO30000
• 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 II of your
permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this
permit and do not count prior exceedances.
The more significant changes in the General Permit since your last COC was issued are noted either in the
Draft Permit Fact Sheet that accompanied the public notice (http://portal.ncdenr.org/web/wq/ws/su/current-
notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are
posted on the Stormwater Permitting Unit's website with the new General Permit. Please visit
http:/Zportal.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
Pho; s 919-807-63001 FAX 919-807-6492
Inter ,et: vvww.nCWategual1ty,orC
An F,jal Opportunity) Affirmative Ac ,m 5mplcyer
NorthCarol ina
Aatltmlly
Mike Langefeld
December 4, 2012
Page 2 of 2
Some of the changes include:
Part II:
• Section A: The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated
to the most current language of our permits. Additional conditions for specific industry sectors have
been added to the SPPP requirements in some cases.
• Sections B, C: Failure to perform analytical Stormwater monitoring may result in the Division requiring
that the permittee begin a monthly sampling scheme.
• Sections B, C: A lower TSS benchmark of SO mg/I for HQW, ORW, PNA and Tr Waters applies to these
more sensitive waters.
• Sections B, C. The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter
Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas, and in some cases, other
analytical monitoring requirements.
• Sections B, C, D. Inability to sample due to adverse weather must be recorded in the SPPP, or in
separate on -site records if your General Permit does not require an SPPP. Adverse weather is defined
in the "Definitions" section of the permit.
• Sections B, C: The term "Representative Storm Event" has been replaced by "Measurable Storm
Event." A measurable storm event is defined in the permit.
• Section D: If the permittee fails to respond effectively to problems identified by qualitative
monitoring, DWQ may require the permittee to perform corrective action.
Please review Parts III and IV to understand the Standard Conditions of your new NPDES General Permit,
including Compliance and Liability, Reporting, Monitoring and Records requirements; Operation and
Maintenance obligations; and Definitions. Please note that all samples analyzed in accordance with the terms
of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on
the Stormwater Permitting Unit's website above. DMR forms must be delivered to the Division no later than
30 days from the date the facility receives the sampling results from the laboratory. Also note that existing
permittees do not need to submit a renewal request prior to expiration unless directed by the Division.
Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit
does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it
relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law,
rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit
package, please contact the Division's Stormwater Permitting Unit at (919) 807-6300.
Sincerely,
far Charles Wakild, P.E.
cc: DWQ Central Files
Stormwater Permitting Unit Files
Mooresville Regional Office
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCG030230
STORMWATER
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Cvg-Statesville
is hereby authorized to discharge stormwater from a facility located at:
CVG-Statesville
2227 Salisbury Rd
Statesville
Iredell County
to receiving waters designated as Third Creek (Third Creek WS No. 37), a class C waterbody in
the Yadkin River Basin in accordance with the effluent limitations, monitoring requirements,
and other conditions set forth in Parts 1, 11, 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 41h day of December, 2012.
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE No. NCG030230
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCk1ARGE 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,
TRIM SYSTEMS LLC
is hereby authorized to discharge stormwater from a facility located at
TRIM SYSTEMS LLC
2227 SALISBURY RD
STATESVILLE
IREDELL COUNTY
to receiving waters designated as a Ui' to Third Creek, a class C stream, in the Yadkin - Pee Dee River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111,
1V, V, and VI of General Permit No. NCG030000 as attached.
This certificate of coverage shall become effective September I, 2002.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed [his day August 23, 2002.
for Alan W. Klimek, P.E., Director
Division (If Water Quality
By Authority of the Environmental Management Commission
o�o� � a rFRQG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4 '�:
MIKE S"LCZEPANSKI
TRIM SYSTEMS I-1-C
2227 SALISBURY RD
STATES V I LLE, NC 28677
Dear Permittee:
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
Subject: NPDES Stormwater Permit Renewal
TRIM SYSTEMS LLC
COC Number NCG030230
Iredell County
In response to your renewal application for continued coverage under general permit N00030000, 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
rnodificalion or revocation and reissuance of the Certificate of Coverage. 'Phis 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, nr
decree.
If you have any questions regarding this permit package please contact Mack Wiggins of the Central Office
Stormwater and General Permits Unit at (919) 733-5083, ext. 542
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Mooresville Regional Office
kA
NcnENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1-800-623-7748
FACILITY,.i
COUNTY1
C� Cj 0
7,;3 0
NPDES
MAP #
-D
DSN FLOW
LON"F. ZIUDIE
RECEVING STREAK
STFREAM CLASS
rjall.:CHARGE CLASS :5T> 'R M WAT OR
EXT"MATION DATE" --9/
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E. Director
06/06/2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ATTN: MIKE SZCZEPANSKI
TRIM SYSTEMS LLC
2227 SALISBURY RD
STATESVILLE, NC 28677
lkf?WA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
FAILURE TO SUBMIT RENEWAL APPLICATION
TRIM SYSTEMS LLC
NCG030000
COC NUMBER NCG030230
IREDELL COUNTY
Dear Permittee:
This letter is to inform you that, as of the date of this letter, the Division of Water Quality has not received a
renewal request for the subject permit certificate of coverage. This is a violation of NCGS §143.215.1 (c)(1) which
states "All applications shall be filed with the commission at least 180 days in advance of the date on which it is
desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be".
Any permittee that has not requested renewal at least 180 days prior to expiration or permittee that does not have a
permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to
enforcement procedures as provided in NCGS §143-215.6 and 33 USC 1251 et. seq.
In order to prevent continued, escalated action, including the assessment of civil penalties you must submit a
completed permit coverage renewal application to the attention of the "Stormwater and General Permits Unit" at
the letterhead address within ten (10) days of your receipt of this letter (renewal application enclosed). If the
subject discharge has been terminated, please complete the enclosed rescission request form. Mailing instructions
are listed on the bottom of the form. You will be notified when the rescission process has been completed.
Thank you for your prompt attention to this situation. if you have any questions regarding this matter, please
contact Mack Wiggins of the central office Stormwater and General Permits Unit at 919-733-5083, ext. 542.
Sincerely,
for Alan W, Klimek, P.E.
Director, Division of Water Quality
cc: Stormwater and General Permits Unit Files
Central Files
Mooresville Regional Off -ice
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
December 27, 2001
MIKE SZCZEPANSKI
TRIM SYSTEMS LLC
2227 SALISBURY RD
STATESVILLE, NC 28677
Subject: NPDES Stormwater Permit Renewal
TRIM SYSTEMS LLC
COC Number NCG030230
Ir'edCl County
Dear Permitter:
Your facility is currently covered For stormwater discharge under General Permit NCG030000. ']'his permit expires
on August 31, 2002. 'I1ic Division staff is currently in the process of rewriting this permit and is scheduled to have
the permit reissued by late Sumner of 2002. Once the permit is reissued, your facility would he eligible for
continued coverage under the reissued permit.
In order to assure your continued coverage under the general permit, you must apply to the Division of Water
Quality (DWQ) for renewal of your hermit coverage. To make this renewal process easier, we are informing you in
advance that your permit will he expiring. Enclosed you will find a General Permit Coverage Renewal
Application Form. The application must be completed and returned by March 4, 2002 in order to assure Continued
Cnverage under the general permit.
Failure to rcclucst rcncwal within this time period may result in a civil assessment ofal least $250,00. Larger
penalties may he 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 ol'civil penalties of up to $10,000 per day.
Picase note that recent federal legislation has extended the "no exposure exclusion" to all operators of industrial
facilities in any of the l l categories of "storm water discharges associated with industrial activity," (except
construction aChVilics). If you feel your facility can certify a condition of "no exposure', i.e. the facilly industrial
materials and operations are not exposed to stormwater, you can apply for the no exposure exclusion. For additional
information contact the Central Office Siorniwater Staff- ncinber listed below or check the Storinwatcr & General
Permits Unit Web Site at httpalh2r�.enrstatanc.uslsulstormwater.l}trnl
Il' the subject stormwater discharge to waters ol'the state has been terminated, please complete the enclosed
Rescission Request Fornt. Mailing instructions are listed on the bollom cif the form. You will he notified when the
rescission process has been completed.
Il' you have any questions regarding the permit renewal procedures please contact Mike Parker of Ilse Mooresvillc
Regional Office at 704-663-1699 or Bill Mills of the Central Office Stormwater Unit at (919) 733-5083, ext. 548
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Mooresvillc 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
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 18, .1997
Mr. William Walker
Trim Systems, LLC
2227 Salisbury Road
Statesville NC 28677
Subject: Permit Modification - Name Change
Trim Systems, L.L.C.
(formerly ASC Trim Systems)
Permit No. NCG030230
Iredell County
Dear Mr. Walker:
In accordance with your request dated November 10, 1997, we are forwarding the modified
Certificate of Coverage page for the subject facility. The change in this permit is in name and
ownership. All other terms and conditions in the original permit remain unchanged and in full effect.
This Certificate of Coverage is issued pursuant to the requirements of North Carolina General Statute
143-21 5.1 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 are
unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such request 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 Water Quality. The Division of Water Quality may require modification or revocation
and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality 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 change, please contact Steve Coerper at 919/
733-5083, extension 361.
Sincerely,
f n
A. Preston Howard, Jr., P.E.
CC Mooresville Regional Office, Water Quality Section
Central Files
Permits and Engineering
Mr. David Muenchow, ASC Incorporated
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
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE NO. NCG030230
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of Forth Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
ederal Water Pollution Control Act, as amended,
Trim Systems, L.L.C.
is hereby authorized to discharge stormwater from a facility located at
Trim Systems, L.L.C.
2227 Salisbury Road
City of Statesville
Iredell County
to receiving waters designated as an unnamed tributary to Third Creek in the Yadkin -Pee Dee 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 November 18, 1997.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 18th day of November, 1997.
mpi
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
;NP7,ES FWCILT7Y ANMI PJ.-.,RTYTTT DAT.- 1 :1.7,/ 97 0 9: 2 2
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Mutual Disbursement Account Bank of America KIRKLAND & ELLIS 140434
CHICAGO, ILLINOIS 60697
70-2328 fi55 Fifteenth Street, N.W. U o3o �30
719 Washington, DC 20005
NUMBER DATE AMOUNT
PAY. 000140434 11/10/1997 ********100.00
One Hundred and No/100 Dollars
TO THE NORTH CAROLINA DEPARTMENT OF ENVIRONIMENT
ORDER AND NATURAL RESOURCES
OF
� J
++'
Lewis T. Putman, Jr.
To Call Writer Direct:
202 879-5192
KIRKLAND & ELLIS
PARTNERSHIPS INCLUDING PROFESSIONAL CORPORATIONS
655 Fifteenth Street, N.W.
Washington, D.C. 20005
202 879-5000
November 11, 1997
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Mike Parker
North Carolina Department of Environment,
Health and Natural Resources
Water Quality Section
Permits and Engineering Unit
P.O. Box 29635
Raleigh, North Carolina 27626-0535
Facsimile:
202 879-5200
RECEIVED
fib 4I997
0VATEk WE1AL ITY SECTION
cttargo Permitting
Re: General Stormwater Discharge Permit No. NCG030000,
(Certificate of Coverage No. NCG030230); Request for Transfer
and Reissuance of Permit from ASC_Inc. to Trim Systems, L.L.C.
Dear Mr. Parker:
As a follow-up to my letter, dated November 10, 1997, enclosed are two complete
copies of the General Stormwater Discharge Permit Number NCG030000 for the Trim Systems,
L.L.C. facility located at 2227 Salisbury Highway (State Highway 70) in Statesville, North
Carolina. Please include the enclosed permit copies with the attachments to my November 10,
1997 letter.
If you have any questions or require additional information, please contact
William Walker at the facility ((704) 872-4646) or the undersigned at (202) 879-5228. Unless
we hear otherwise, we will assume that no further action on our part is required for the complete
transfer or reissuance of the above -referenced stormwater discharge permit.
Y,
wi T. Putman, Jr.*
C uns l to Trim Systems, L.L.C.
*LICE D IN ILLINOIS ONLY;
NOT LICENSED IN THE DISTRICT OF COLUMBIA
LTP:res
Enclosures
Chicago London Los Angeles
New York
Health and Natural Resources
Division of Environmental Management A00
,lames B. Hunt, Governor
Jonathan B. Howes,
Secretary
cretaeta
ry
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
PEH1 P CHANGE FORM
1. Permit holder's name: asc Trim Systems
2. Permit's signing officials name and title: Laura Drabczyk
(Person legally responsible for permit)
(Title)
3. Mailing addmss: 2227 Salisbury City: Statesville
State` NC Zjp Code: 28677 -__phone:( 704 872-4646
1. This request for a name change is a result of:
x a. Change in ownership of property/company
_b. Name change only
_,._c. Other (please explain)•
RECEIVED
NOV 14 1997
th?ATER QUALITY SECTION
Nlon-Discharcge Permitting
e
2. New owner's name (name to be put on permit). Tr im Sys t ems, L . L . C .
3. New owner's or signing official's name and title: Mike Szczepanski
(Person legally responsible for permit)
Plant Manager
TIitle)
4. Mailing address: 2227 Salisbury City sviile _
State- NC Zip Code: 28677 Phone: ( 704 _) 872-4646
PERMIT.NAMIZOWNERSHRCHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED HEMS:
1. This completed application
2. Processing fee of S 100,00 (Checks to be made payable to DEEM)
3. If an ownership change. legal doeumentatioa of the transfer of ownership (such as a contract, deed,
articles of incorporation)
CERTIFICATION M'i BE COMPLETED AND SIGNED BY BOTII THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME' CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification:
ILaz.er - Z4193-- k E T, attest that this application for namelownership change hu been
reviewed and is accurate and complete to the best of my kmowledge. I understand that if all requited parts
of this application are not completed and tlist if all required supporting information and auxb=nts are not
included, this application package will be returned as incomplete.
Signature-ACa Q F Date: 7/ ^ 1( - 9
Applicant's Certification:
1, l.�1 /&Ld2jj j . tAI &.kl?rL , anest that this application for a name/ownership change has been
reviewed and is atcz uc and complete to the best of my knowledge. I understand that if all required parrs
of this application are not cornplewA and Lhat if all required supporting information and attachments are not
included, this application package will be rc auned as incomplete.
Signature; _ Dates
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION
AND MATFRI ALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
P.O. Box 29535
Raleigh, North Carolina 27626.0535
- Telephone: (919) 733-5083
Fax: (919) 733-07W
CONTRIBUTION AGREEMENT
Between
ASC INCORPORATED
and
TRIM SYSTEMS, LLC
October 10, 1997
AEROC2-91W
- TABLE OF CONTENTS
Section
Page
1. CONTRIBUTION AND ASSUMPTION ..................................... 1
IA. Contribution of Assets .............................................. i
1B. Assumed Liabilities and Excluded Liabilities ............................ 4
1 C. Nonassignable Contracts and Rights ................................... 4
1 D. Authorization of Common Units ...................................... 5
1E. The Closing......................................................5
1 F. Accounts Receivable Collection ...................................... 5
1 G. Post -Closing Determination of Working Capital .......................... 6
1 H. Post -Closing Working Capital Adjustment .............................. 6
2. CONDITIONS OF CONTRIBUTEE'S OBLIGATION AT THE CLOSING ..........
7
2A.
Representations and Warranties; Covenants .............................
7
2B.
Limited Liability Company Agreement .................................
7
2C.
Compliance with Applicable Laws ....................................
7
2D.
Proceedings......................................................7
2E.
Consents.......................................................7
2F.
Transition Services Agreement .......................................
7
2G.
INTENTIONALLY OMITTED ........................................
7
2H.
License Agreement ............................................. I ...
8
2I.
Opinion of Contributor's Counsel .....................................
8
2J.
Financing........................................................8
2K.
Closing Documents................................................8
2L.
Actions..........................................................8
2M.
Purchase Agreement ................................................
8
2N.
TS, Inc. Contribution Agreement ......................................
8
20.
Waiver..........................................................8
2P.
Guarantee........................................................9
3. CONDITIONS OF CONTRIBUTOR'S OBLIGATION AT THE CLOSING ..........
9
3A.
Representations and Warranties; Covenants ................... I .........
9
3B.
Compliance with Applicable Laws ....................................
9
3C.
Proceedings ................................ .................---9
3D.
Closing Documents................................................9
3E.
Actions..........................................................9
3F.
Purchase Agreement ............................. I ....................
9
3G.
TS, Inc. Contribution Agreement ......................................
9
3H.
Waiver.........................................................10
4. CONFIDENTIALITY; ACCESS TO RECORDS ........................ 10
-` 4A. Confidentiality Obligations of Contributor ..... ................ 1 .... 10
4B. Confidentiality Obligations of Contributee ............................. 10
4C. Access to Records................................................I1
AEROC2-9.[MK
5. REPRESENTATIONS AND WARRANTIES OF CONTRIBUTOR
5A.
Ownership of the Class A Units ......................................
1 I
5B.
Organization, Power and Licenses ....................................
12
5C.
Authorization; No Breach ..........................................
12
51).
Financial Statements ..............................................
12
5E.
Absence of Undisclosed Liabilities ............... I ...................
13
5F.
Absence of Certain Developments ....................................
13
5G.
Assets..........................................................15
5H.
Tax Matters.....................................................15
5I.
Contracts and Commitments ........................................
16
5J.
intellectual Property Rights .........................................
17
5 K.
Litigation, etc . ...................................................
18
5L.
Brokerage.......................................................
Ig
5M.
Insurance.......................................................18
5N.
Employees......................................................19
50.
ERISA.........................................................19
5P.
Real Estate......................................................20
5Q.
Compliance with Laws .............................................
21
5R.
Environmental...................................................21
5 S.
Product Warranty .................................................
22
5T.
Disclosure .......................................................22
6. REPRESENTATIONS AND WARRANTIES OF CONTRIBUTOE ...............
22
6A.
Organization.....................................................22
6B.
Capital Stock and Related Matters ....................................
23
6C.
Execution, Delivery; Valid and Binding Agreement ......................
23
6 D..
Authority.......................................................23
6E.
Authorization; No Breach ..........................................
23
6F.
Brokerage.......................................................23
6G.
Ownership of the Class A Units . .....................................
23
7. INTENTIONALLY OMITTED ............................................ 24
8. DEFINITIONS.........................................................24
8A_ Definitions......................................................24
9. SURVIVAL AND INDEMNIFICATION .................................... 27
9A. Survival........................................................27
9B. Indemnification Obligations of Contributor ............................. 28
9C. Indemnification Obligations ofContributee ............................. 29
9D. Indemnification Procedures ......................................... 29
9E. Payment........................................................30
9F. Arbitration Procedure ................... ...... ............. 30
G. Noncompetition..................................................32
9H. Nonsolicitation................................................... 32
9I. Noninterference..................................................33
9J. Enforcement.................................................I...33
AEROC2-9.EMK
9K. :- Offset -for Tax Benefit and Insurance Proceeds ........................... 33
9L. Undertakings ....................................................34
9M, Disclaimer of Other Representations and Warranties ..................... 34
9N. COBRA Liabilities ..................................... ......... 34
10. MISCELLANEOUS..................................................... 34
1 OA. Termination ........................ : ............................ 3 4
103. Expenses ........................................................35
1 OC. Exclusive Remedies ............................................... 35
1 OD. Consent to Amendments . � .......................................... 35
I OE. Successors and Assigns ............................................ 35
1 OF. Severability ......................................................36
1 OG. Counterparts .....................................................36
1 OH. Descriptive Headings; Interpretation .................................. 36
101. Governing Law ...................................................36
1 OJ. Notices ................................ ........................36
1 OK. No Strict Construction .............................................. 37
1 OL. Recourse by TS, Inc. against Contributor for Breach of this Agreement ....... 37
1 OM. Announcements ..................................................37
ION. Further Assurances ................................................37
100. No Third -Party Beneficiaries ........................................ 38
1 OP. Merger and Integration ............................................. 38
1 OQ. Delivery of Mail .......................................... I ......... 38
1 OR. Insurance Coverage ..............................................38
AEROC2-9.'IMK - iii -
CONTRIBUTION AGREEMENT
THIS CONTRIBUTION AGREEMENT (this "Agreement") is made as of October
10, 1997, by and between ASC Incorporated, a Michigan corporation ("Contributor"), and Trim
Systems, LLC, a Delaware Iimited liability company ("Contributee," and collectively with
Contributor, the "Parties"). Trim Systems, Inc., a Delaware. corporation ("TS, Inc.,"), is made a party
hereto solely with respect to the provisions of Section I OL, hereof. Heinz C. Prechter ("Prechter")
is made a party hereto solely with respect to the provisions of Sections_ 9G, 9H, 91 and 9J. Except
as otherwise indicated herein, capitalized terms used herein are defined in Section 8 hereof, .
On -the terms and subject to the conditions set forth in this Agreement, Contributor
desires to contribute to Contributee substantially all of the assets and properties of and relating to
the Aeromotive Systems Company division of Contributor (the "Division"), and in exchange
therefor Contributee desires to issue to Contributor 131,578.95 of its Class A Units (the "CIass A
nits"), assume certain liabilities of Contributor and distribute certain funds to Contributor.
NOW THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
SECTION 1. CONTRIBUTION AND ASSUMPTION.
1 A. Contribution of Assets.
(i) Contributed Assets. On the terms and subject to the conditions contained in
this Agreement, at the Closing, Contributor shall contribute, convey, assign, transfer and deliver to
Contributee, free and clear of all Liens, by appropriate warranty bills of sale, assignments and other
instruments satisfactory to Contributee and its counsel, (i) all properties, assets, rights and interests
of every kind and nature, whether tangible or intangible, and by whomever possessed, which are
located at any of the facilities listed on the attached Real Estate'Schedule, and (ii) all properties,
assets, rights and interests of every kind and nature, whether tangible or intangible, and wherever
located and by whomever possessed, owned or leased by Contributor as of the Closing Date and
relating exclusively to the Division, except for the Excluded Assets (collectively, the "Contributed
Assets"), including, without -limitation, in each case solely to extent located at any of the facilities
listed on the attached Real Estate Schedule or relating exclusively to the Division:
(a) all securities and other Investments;
z (b) '. all accounts and notes receivables (whether current or noncurrent) other than
those account and notes receivables specifically included in the definition of Excluded
Assets set forth below;
AEROC2-9.1MK
(c) _ ail Intellectual Property Rights, other than those Intellectual Property Rights
licensed to Contributee pursuant to the License Agreement, owned by, issued to or licensed
to Contributor, along with all income, royalties, damages and payments due or payable as
of the Closing or thereafter with respect to such Contributed Assets, including, without
limitation, damages and payments for past, present or future infringements or
misappropriations thereof, the right to sue and recover for past infringements or
misappropriations thereof and any and all corresponding rights that, now or hereafter, may
be secured throughout the world;
(d) ail of Contributor's rights existing under leases, subleases, contracts, licenses,
permits, distribution arrangements, sales and purchase agreements, accounts receivable,
other agreements and business arrangements, including, without limitation, all contracts and
agreements described on the Contracts Schedule attached hereto;
(e) all of Contributor's rights to any real property owned, leased or subleased by
Contributor, if any, and all plants, buildings and other improvements located on such owned,
leased or subleased property, and all of Contributor's rights to any easements, licenses, rights
of way, permits and all appurtenances to such owned or leased property, including, without
limitation, all appurtenant rights in and to public streets and roads, whether or not vacated
(collectively, the "Real Estate");
(f} all of Contributor's rights to any leasehold improvements and any machinery;
equipment (including ail transportation and office equipment), fixtures, trade fixtures,
tooling, dies and furniture owned by Contributor wherever located;
(g) all inventories of work in process, semi -finished and finished goods, stores,
replacement and spare parts, packaging materials, raw materials, operating supplies, and
fuels, owned by Contributor,
(h) all office supplies, production supplies, spare parts, other miscellaneous
supplies, and other tangible property of any kind;
G) all prepayments and prepaid expenses;
0) all of Contributor's claims, causes of action, choses in action, rights of
recovery and rights of set-off of any kind;
(k) the right to receive and retain mail, accounts receivable payments (subject to
Section I F hereof) and other communications relating to the Division;
(1) the right to bill and receive payment for products shipped or delivered and
services performed but unbilled and unpaid as of the Closing;
(m) all books and records, including, without limitation, lists, records and other
information pertaining to accounts, personnel and referral sources, all lists and records
pertaining to suppliers and customers, and all books, ledgers, files and business records of
AEROC2-9.IMK - 2 -
IN WITNESS WHEREOF, the parties hereto have executed this Contribution
Agreement on the date first written above.
ASC INCORPORATED
tj
By:
Its: Vf
TRIM SYSTEMS, LLC
By:
ItsVP
-
TRIM SYSTEMS, INC.
(solely with respect to
Section I dL)
By: 64 G" &PU'
Its: Vp
HEINZ C. PRECHTER
(solely with respect to
Sections 9G, 9H, 91 and 9J)
UL I m; as HPb&C ReajF.-tate/Tax Appl 313 256 4156 P. 22/03
IN wrrNEss WHERwF, the parties hemto have e=uwd this Cown�au
Ag=mejit on the due first written above.
ASC INCORPORATED
knf:,
TpJm SYSTEMS, LJdc
TRIM SYSrEM, INC
(solely with rexped to
Sa;dan I OL)
Its;
HEINZ C- PRECHIMR'
(solely with rest a to
gec&m-9A 9R 21 imd 21)
000090ZtTT *ON XUA WONJ
Z6-01-60 - - - - - - ---
G)< I--, l cfa4 3�-
KIRKLAND & ELLIS
PARTNERSHIPS INCLUDING PROFESSIONAL CORPORATIONS
Lewis T. Putman, Jr.
To Call Writer Direct:
202 879-5192
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Parker
655 Fifteenth Street, N.W.
Washington, D.C. 20005
202 679-5000
November 10, 1997
North Carolina Department of Environment,
Health and Natural Resources
Water Quality Section
Permits and Engineering Unit
P.O. Box 29635
Raleigh, North Carolina 27626-0535
I)UC) VL
/t- >>- y7
Facsimile:
202 879-5200
RECEIVED
NOV 14 1997
WATER QUALfTY SECTION
Non -Discharge PermitUng
Re: General Stormwater Discharge Permit No. NCG030000,
(Certificate of Coverage No. NCG030230); Request for Transfer
and Reissuance of Permit from ASC Inc. to Trim Systems, L.L.C.
Dear Mr. Parker:
On or about October 10, 1997, ASC Incorporated ("ASC") contributed
substantially all of the assets of its Aeromotive Systems Company division to a new operating
company, Trim Systems, L.L.C. As part of the transaction, Trim Systems, L.L.C. acquired the
asc Trim Systems facility located at 2227 and 2185 Salisbury Highway (State Highway 70) in
Statesville, Iredell County, North Carolina (the "facility").
Accordingly, Trim System, L.L.C. hereby requests that the above -referenced
General WPDES Stormwater Discharge Permit (the "permit") be transferred or reissued to:
"Trim Systems, L.L.C." We have attached two copies of the following: (1) the Water Quality
Section Permit Name/Ownership Change Form; (2) a copy of the above -referenced permit; (3) a
check for the processing fee of $100.00; (4) a copy of the Operating Agreement for Trim
Systems, L.L.C. (signed by both the seller and new owners of the company); and (5) ASC's
Contribution Agreement. Please send the transferred or reissued permit directly to the attention
of Mr. William Walker at the facility. Also, please send a copy of the transferred or reissued
permit to Mr. David Muenchow, ASC Incorporated, 18640 Walnut Street, Southgate, Michigan
48195.
Chicago London Los Angeles
New York
KIRKLAND & ELLIS
Mr. Mike Parker
November 10, 1997
Page 2
Trim Systems, L.L.C. does not anticipate any changes in the day-to-day
operations of the facility or any changes in the operations covered by the above -referenced
permit. The facility will operate under the terms of the existing permit pending its transfer or
reissuance.
If you have any questions regarding this request or require additional information,
please contact William Walker at the facility ((704) 872-4646) or the undersigned at
(202) 879-5228. Unless we hear otherwise, we will assume that no further action on our part is
required for the complete transfer or reissuance of the permit referenced herein.
Sincerely,
Lewis T. Putman, Jr.*
Counsel,to Trim Systems, L.L.C.
*LICENSED IN ILLINOIS ONLY;
NOT LICENSED IN THE DISTRICT OF COLUMBIA
LTP:res
Attachments
cc: David Muenchow
Mike Szczepanski
William Walker
Health and Natural Kesources-'I =
Division of Environmental Management
_dames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
mails 114,14 PG1110. : To : • .
1. Perrnitholdeesname: asc Trim Systems
2. Permit's sigaiing official's name and title: Laura Drabczyk
(person legally responsible for permit)
(Title)
3. Mailing address• 2227 Salisbury City: Statesville
sue• IBC tip Codc 28677 phonc: (. 704 ) 872-4646
1 .. 6.• :h:u ►
1. This request for a name change is a result of:
x a. Change in ownership of property/company
_b. Name change Only
_c. Other (please explain)
RECEIVED
NOV 14 1997
WATER QUALITY SECTION
N'on-Discharge Permitting
2. New owner's name (name to be put on permit): Trim Systems, L.L.C.
3. New owner's or signing official's name and title: Mike Szczepanski
(Person legally responsible for perrait)
Plant Manage
4. Mailing 3ddiess. 2227 Salisbury City... Statesvillee) _
State: NC _. -- Zip Code: 28677 Phone: ( 704 ) 872-4646
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT -UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. -
REQU MM ITEMS:
1. This completed application
2. Processing fee of $100.00 (Cheek 3 to be made payable to DEHNR)
3. if an ownership change. legal documantatiou of the transfcr of ownership (such as a contract, deed,
atticles of incorporation)
CERTIFICATION B11UST BE COMPLETED AND SIGNED BY B! T11 THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME' CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification;
iFrk C '^ --rxTaum that this application for narn ownership chango 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 tot completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete.
f ri
Applicant's Certification:
1. NIal dr E , LU` 610- , nurse 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 mot completed and that if all required supporting information and attachments, are not
included, this application package will be reamed as incomplete.
Signatt v� Date • / �i/ A; _
C-
THE COMPLETED APPLICATION PACKAGE. INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Catalina Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
P.O. Boa 29535
Raleigh, North Carolina 27626-0535
Telephone: (919) 733-5083
Fax: (919) 733-0719
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
WILLIAM E. WALKER
ASC INC
2227 SALISBURY ROAD
STATESVILLE, NC 28677
00.9NA
IT 0 0
A&4
C)EHNF=1
Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG030230
Iredell 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:
m A copy of the stormwater general permit.
w A Stormwater Pollution Prevention Plan Certification Form. This form certifies that you have
developed and implemented the Stormwater Pollution Prevention Plan (SPPP) required in your
permit. This form must be completed and returned to the Division within 30 days of receipt of
this letter. DO NOT send the SPPP with the signed form.
■ Five copies of Analytical Monitoring forms.
■ Five copies of Qualitative Monitoring forms.
■ A copy of a Technical Bulletin on the stormwater program with outlines program components
and addresses frequently asked questions,
■ A corrected Certificate of Coverage if you indicated a name or address change on the Renewal
Form returned to the Division. 4
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 A. Preston Howard, Jr., P. E.
P.O. Box 29535, Raleigh, ,,forth Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG030000
CERTIFICATE OF COVERAGE NO. NCG030230
STORMWATER DISCHARGES
In compliance with the provision of North Carolina General Statute 143-2tS.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,
ASC INC
is herby authorized to discharge stormwater from a facility located at:
2227 SALISBURY ROAD
STATESVILLE, NC
IREDELL COUNTY
to receiving waters designated as UT To Third Creek in the YADKIN-PEE DEE 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
lG/Gtl� f/1
for A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authorization of the Environmental Management Commission
State of North Carolina
Department of Environment,
Health and Natural Resources
Division! of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 1, 1993
Mr. Allan Luke
ASC Inc.
Hwy 70 East Rt 15
Statesville, NC 28677
Subject: General Permit No. NCG030000
ASC Inc.
COC NCG030230
Iredell County
Dear Mr. Luke:
In accordance with your application for discharge permit received on December 7, 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.
PIease 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 Iegal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone. number 919/733-
5083.
Sincerely, rg��
ut``' ;teal signed ullin9
GoLeen H. S
A. Preston Howard, Jr., P. E.
cc: Mooresville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
I
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DMSION OF ENVIRONMENTAL MANAGEMENT
STORMWATER DISCHARGES
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
ASC, Incorporated
is hereby authorized to discharge stormwater from a facility located at
ASC, Incorporated
US Hwy 70 East, Route 15
Statesville
Iredell County
to receiving waters designated as an unnamed tributary to Third Creek in the Yadkin -Pee Dee River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,1II
and IV of General Permit No. NCG030000 as attached
This Certificate of Coverage shall become effective October 1, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit
Signed this day October 1, 1993.
Or€},itlal Signed PV
Coleen H. 5tilllfi§�
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
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