HomeMy WebLinkAboutNCG060011_COMPLETE FILE - HISTORICAL_20140520 (2)STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
NU 6 CP 1
DOC TYPE
❑COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ a-D j � (S.S�Z�
YYYYMMDD
�v
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 20, 2014
C. Edwin Allman, III
Allman Spry Leggett & Crumpler, P.A.
380 Knollwood St, Suite 700
Winston-Salem, NC 27103
Subject: Rescission of NPDES Stormwater Permit
Certificates of Coverage Nos. NCG060247, NCG06001 1,
and NCG060010
Omtron US, LLC
Chatham County
Dear Mr. Allman:
On April 24, 2014, the Division of Energy, Mineral and Land Resources received your request to rescind
your client's coverage under Certificates of Coverage Numbers NCG060247, NCG060011, and
NCG060010, In accordance with your request, Certificates of Coverage Numbers NCG060247,
NCG060011, and NCG060010 are rescinded effective immediately.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 these facilities 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 facilities are 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 Raleigh Regional Office at 919-791-4200,
Sincerely,
for Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral and Land Resources
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http_tportal.ncdenr.orglwebllrl
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Ventaloro, Julie
From:
Parnell, David
Sent:
Friday, May 16, 2014 4:38 PM
To:
Parnell, David; Ventaloro, Julie
Cc:
Holley, John
Subject:
Rescission Requests - Three More
Follow Up Flag:
Follow up
Flag Status:
Flagged
Please rescind the following in Chatham:
NCG060247 - Omtron
NCG060010 - Omtron
NCG060011 - Omtron
From: Parnell, David
Sent: Wednesday, May 14, 2014 10:13 AM
To: Ventaloro, Julie
Cc: Holley, John
Subject: RE: Rescission Requests - Multiple
NCG030614 — Static Control, Plant 9 and 16—Agree to Rescind.
NCG020412- Fountain Pit — DLR has closed out the pit. Agree to Rescind.
More later.
Dave
From: Ventaloro, Julie
Sent: Thursday, May 01, 2014 4:33 PM
To: Parnell, David
Cc: Holley, John
Subject: Rescission Requests - Multiple
Dave,
We've received rescission requests for seven facilities in your region:
NCG030614 — Plant 9 Maintenance Storage & Plant 16 Toner Packaging (Static Control Components, Inc) in Lee County.
Dave, they included a copy of an email to you from March 2014 that indicates you met with them in January 2014 to
discuss issues with the Tier 2 process. Ken Pickle informed me that he and Bethany provided you with his opinions on
the situation as well. I've attached that email string for your reference. Let me know if you agree with Ken and
Bethany's assessment of the situation and are okay with rescinding.
NCG030594 — Harris Rebar North Carolina, Inc in Granville County. They state that all the run-off from the industrial
activity is collected in retention/infiltration ponds resulting in no discharge. Contact person for this facility is James
Moseley at 919-528-8333 or imoseley2harrisrebar.com. I'm not sure how we've handled these inquiries in the past,
but I don't know if there are any ponds out there that really never discharge. But then if there is no discharge on most
days, there wouldn't be any outfalls to sample...
NCG140333 --Johnson's Block and Concrete Coin Vance County. They state they have gone out of business. No contact
information provided. The rescission request came in the form of a returned invoice.
NCG020412 — Fountain Pit facility (Barnhill Contracting) in Edgecombe County. They state that the facility is closed.
Contact is Buddy Rose at 252-823-1021.
NCG060247, NCG060010, and NCG060011-Omtron USA, all in Chatham County. The attorney for the company states
that they filed for bankruptcy.
Please let me know if the Raleigh Regional Office recommends rescission of these permits.
Thanksl
Julie Ventaloro
Storinwater Pcrntirting Progr-:111:
NC Division ref €::ntrgy, Miner�fl, and Lanai Rcticiurces
1612 iVlc`Sll Service C_'eIlLer, Raleigh, NC 2?09)-i6iz
Plannr.: (gig) 807-6370 17,)X: (919) 807-649,1
Website: bUp:/Iwatersur)Dlywatcrslied.jic.gov
fs-n7: it corresintrdenre to Braid ji•om this adrlres,• may he subj:Tt to tic North Curalina Public Records Law and incy 1}e disclosf d to third
faurtfCs.
IV
APR. 24 2014
DENR • WAl C R QUALIP
VVEUNDS AND STOR( MATCR 6RMCF1
ALLMAN SPRY LEGGETT & CRUMPLER, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
380 KNOLLWOOD STREET, SUITE 700
WINSTON-SALEM, NC 27103
(336)722-2300
C. Edwin Allman, III Mailing Address: Writer's Direct Dial (336) 631-1433
Board Certified Specialist Post Office Drawer S 129 Email ceallman@allmanspry.com
Bankruptcy Law Winston Salem, NC 27113-5129 Facsimile (336) 722-8720
April 17, 2014
North Carolina Department of
Environment and Natural Resources
Division of Energy, Minerals, and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Permit Number: NCG060010 Chatham County Townsends - Siler City
Dear Sir or Madam:
I am bankruptcy Trustee for Omtron USA, LLC. This Chapter 7 case was commenced
in August, 2013. A copy of the Notice of Commencement of Case is attached.
recently received an invoice for $100.00 for an annual permit fee referenced above.
A copy of this correspondence is attached. Please cancel this permit as Omtron has no real
property assets and does not need any operating permits.
"Thank you for your kind attention to this matter.
Sincerely,
C. Edwin Allman, III
CEA[I I/mwk/266293
Enclosures
TF MERITAS
LAW FIRMS WORLDWIDE
www.allmanspry.com
FORM R9R Mhantnr 7 Mn AcCPt C aCr\ (17I1 71
f`.are'Nurnher 12-81931
UNITED STATES BANKRUPTCY COURT
Middle District of North Carolina
Notice of Chapter=, _ _ _ _ _..._-.. — ��-"T:Bankru tc,..�Case _1VleetW of_CrediWrs,_&
A bankruptcy case concerning the debtor(s) Corporation listed below was originally filed under chapter 1 I on 12/27/12 and was
converted to a case under chapter 7 on 8/27/13.
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All
documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE-. The staff of the bankruptcy
clerk's office cannot give legal advice.
See Reverse Side For Important Explanations
Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Omtron USA, LLC
dba Townsends, a Delaware Limited Liability Company
1100 East 3rd Street
Siler City, NC 27344
Case Number:
Taxpayer ID/Employer ID/Other Nos.:
12-81931
27-5046105
Attorney for Debtor(s) (name and address):
Bankruptcy Trustee (name and address):
Ely Goldin
C. Edwin Allman III
Fox Rothschild LLP
P. 0. Drawer 5129
10 Sentry Parkway
Winston—Salem, NC 27113-5129
Suite 200
Telephone number: (336) 722-2300
Blue Bell, PA 19422
Tele hone number: 610-397-6500
Meeting of Cr:editors.__-.._..__......_.____ _..._....
Date: September 23, 2013 Time: 11:00 AM
Location: Creditors Meeting Room, First FIoor,101 South Edgeworth Street, Greensboro, NC 27401
Important notice to individual debtors: All individual debtors must provide picture identification and proof of social security number
to the trustee at the meeting of creditors. Failure to do so may result in your case being dismissed.
In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the
debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the
court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the'Bankruptcy Code, you may be
penalized. Consult a lawyer to determine your rights in this case.
Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.
Creditor with a Foreign Address:
A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"
on the reverse side.
Address of the Bankruptcy Clerk's Office:
For the Court-
101 S. Edgeworth Street
Greensboro, NC 27401 Telephone number: (336) 358 -4000
Clerk of the Bankruptcy Court:
Reid Wilcox
Hours O en: Monday_— Friday 8.00 AM — 5:00 PM
Date: 8/27/13
Case 12-81931 Doc 622 Filed 08/27/13 Page 1 of 2
North
Beverly Eaves Perdue
Governor
David L. McGlanlery
Orntron USA 1. LC
110 Box 709
Siler Citv. NC 27344
��gg p�
NCDENR
Carolina Department of Environment and Natura
Division of Water Quality
Charles Wakild, P. E.
Director
Dear Mr. McGlanicry:
December 6, 2012
Resources
Dee Freeman
Secretary
Subject: NPDES General Permit NCG060000
Certificate of Coverage NCG06001 l
Pittsboro Processing Plant
Formerly Townscnd Inc, Pittsboro
Processing Plant
Chatham County
Division personnel received your request to revise your stormwater permit Certificate of Coverage to
accurately reflect your new company and facility name.
Please Find enclosed the revised Certificate of Coverage. The terms and conditions contained in the
General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under
the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Lnvironmental Protection Agency.
If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300.
Sincerely,
ORIGINAL SIGNED 6)
KEN PICKLE
for Charles Wakild, P.L.
cc, Raleigh Regional Office
Central Files
Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: 9IM07.63001 FAX: 919-807-64941 Customer Service: 1-877-623.6748
Internet: www.ncwaterquality.org
011C
NoahCarohna
Naturally
An Equal Opportunity 1 Aflirmalive Action Employer
or
STATE OF NORTH CAROL[NA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
D[VISION OF WA"fER QUALITY
GENERAL PERMIT NO. NCG06(1000
CERTIFICATE OF COVERAGE No. NCG06001 1
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Onuron USA LLC -
is hereby authorized to discharge stormwater from a facility located at
Pittsboro Processing Plant
270 Pittsboro Moncure Rd
Moncure
Chatham County
to receiving waters designated as Turkey Creek, a class WS-lV, NSW, waters in the Cape Fear River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth
in Parts 1, II, I11, IV, V and VI of General Permit No. NCG060000 as attached.
This certificate ol�coverage shall become effective December 6, 2012.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day December 6, 2012.
ORIGINAL SIGNED k31
KEN PICKLE
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
�0
�A
��;
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
David McGlamery
Omtron USA LLC
PO Box 709
Siler City, INC 27344
Dear Permittee:
Division of Water Quality
Charles Wakild, P. E.
Director
December 4, 2012
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Pittsboro Proc PI
COC Number NCGO60011
Chatham County
In response to your renewal application for continued coverage under stormwater General Permit NCG060000
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 NCG060000
• A copy of the Technical Bulletin for the General Permit
• Two copies of the Discharge Monitoring Report (Di 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
Y
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://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. Raieigh, North Carolina 27604
Phone: 919-807 33001 FAX: 919.807-649;
Internet: www.n_.vaterguality.org
An EqualOpportD. �j'.Affirm:itiveAclionEmplcp�,-
One
NorthCaroliiia
�'�rturr�tlij
David McGlamery k
December 4, 2012
Page 2 of 2
Some of the changes include:
Part II:
• Section A: The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated
to the most current language of our permits. Additional conditions for specific industry sectors have
been added to the SPPP requirements in some cases.
• Sections B, C: Failure to perform analytical stormwater monitoring may result in the Division requiring
that the permittee begin a monthly sampling scheme.
• Sections B, C: A lower TSS benchmark of 50 mg/I for HQW, ORW, PNA and Tr Waters applies to these
more sensitive waters.
• Sections 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 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) 807-5300.
Sincerely,/
t5/�
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. NC6060000
CERTIFICATE OF COVERAGE No. NCG060011
STORM WATER
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,
Omtron USA LLC
is hereby authorized to discharge stormwater from a facility located at;
Pittsboro Proc PI
270 Moncure Pittsboro Rd
Moncure
Chatham County
to receiving waters designated as Turkey Creek, a class WS-iV;NSW waterbody in the Cape
Fear 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. NCG060000 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.
i
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
O�pF W A rF,gQG 219@190W
j1 Beverly Eaves Perdue, Governor
vj OD
r ILe�� Dee Freeman, Secretary
O Y North Carolina Department of Environment and Natural Resources
MAR I
2011
Coleen H. Sullins, Director
—WENR` VVA Division or Water Quality
fill
SUR ACE`i - TECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
1. Please enter the permit number for which the change is requested.
.NPDES Permit (or) Certificate of Coverage
N C S O N G G 0 6 0 0 1 I
IL Permit status prior to requested change.
a. Permit issued to (company name): Townsends, Inc.
b. Person legally responsible 'for permit: Randy H Evans
First MI Last
Process in Man =er
Ti tle
P. O. Box 730
Permit Holder Mailing Address
Pittsboro N.C. 27312
City State Zip
(919) 542-8100 (919) 542-5794
^
Phone Fax
c. Facility name (discharge):
Townsend Inc., Pittsboro Processing Plant
d. Facility address:
270 Pittsboro Moncurc Raod
Address
Moncurc N.C. 27559
City State Zip
e. Facility contact person:
Randy H. Evans (919) 542-8100
First / Ml 1 Last Phone
Ill. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: X Change in ownership of the facility
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Omtron USA LLC
David L. McGlamery
First Ml Fast
North Carolina Comnlcx Manaser
Title
P. O. Box 709
Permit Holder Mailing Address
Slier City N.C. 27344
City State Zip
(919) 663-2050 dmcglamery@townsends.com
Phone E-mail Address
Pittsboro Processing Plant
270 Pittsboro Moncurc Raod
Address
Moncure
N.C.
27559
City
State
Zip
Randv
H
Evans
First�M1
Last
(919) 542-8100
revan a townsends.com
Phnnr-
F-mail-mail Addmcc�
PERMIT NAME/OWNERSHIP CHANGE FORM
+' Page 2 of 2
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact: Randy H Evans
First MI Last
Processing Manager _
"Title
P. O. Box 730
Mailing Address
Pittsboro N.C. 27312
City State Zip
(919) 542-8100 revans@lownsends.com
Phone I mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
X Yes
❑ No (please explain)
VI Required Items: THIS APPLICATION WILL BE 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.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
1, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all'required supporting information is not included, this application package will be
returned as incomplete.
e, 3 I
Signature Date
APPLICANT CERTIFICATION
1, , attest that this application for a name/owncrship change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
BILL OF SALE
THIS BILL OF SALE (this "Bill of Sale"), dated February 25, 2011 is made by
Townsends, Inc., a Delaware corporation ("Seller") in favor of Omtron USA LLC, a Delaware
limited liability company ("Purchaser").
A. Seller and Purchaser have entered into an Asset Purchase Agreement, dated as of
February 16, 2011 (the "Purchase Agreement"), whereby Purchaser has agreed to purchase. and
Seller has agreed to sell, the Acquired Assets.
B. Seller wishes to execute and deliver this Bill of Sale for the purposes of
transferring to and vesting in Purchaser all of Seller's right, title, interest, and benefit in and to
the Acquired Assets.
In consideration of the foregoing premises and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Capitalized terms used but not otherwise defined in this Bill of Sale shall have the
meanings assigned to them in the Purchase Agreement.
2. Pursuant to the terms of the Purchase Agreement, Seller hereby sells, conveys,
transfers, assigns, grants, and delivers to Purchaser all of Seller's right, title, and interest in and
to all of the Acquired Assets free and clear of any Lien other than Permitted Liens.
3. Nothing in this Bill of Sale, express or implied, is intended or shall be construed
to confer upon, or give to, any Person, other than Purchaser and Seller, any rights, remedies,
obligations, or liabilities.
4. This Bill of Sale is governed by and construed in accordance with the internal
laws of the State of Delaware, without regard to conflict of laws principles.
5. This Bill of Sale shall inure to the benefit of and be binding upon Purchaser and
Seller and their respective successors and permitted assigns.
6. This Bill of Sale may be executed in one or more counterparts, each of which will
he deemed to be an original but all of which together will constitute one and the same document.
Any signature to this Bill of Sale delivered via facsimile, electronic mail, or in pdf format shall
be deemed an original for all purposes.
7. Notwithstanding anything herein to the contrary, the provisions of this Bill of Sale
shall be subject to the provisions of the Purchase Agreement, and, if and to the extent the
provisions of this Bill of Sale are inconsistent in any way with the provisions of the Purchase
Agreement, the provisions of the Purchase Agreement shall be controlling. Nothing contained
herein shall be deemed to alter, modify, expand, or diminish the terms and provisions set forth in
the Purchase Agreement.
IN WITNESS WHEREOF. Seller has caused this Bill of Sale to be duly executed and
delivered by im duly authorized iepresenta6ves 1s of the date fast written above.
TOWNSC4S, C.By: CName: rge C. White
Title: Sr. VP CFO
l'?
Doc 6516121 va 1
o�C� W A r�90.
CO
November 1, 2007
Townsend Inc
PO Box 709
Siler City, NC 27344
Michael F. Easley, Gownwr
William (i. Ross Jr., Secretary
North Carolina Dcpar-tocnt of FlIVirunment and Natural Resources
COICC11 11, Sullins, Director
Division of Watcr Quality
Subject: NPDES Stormwater Permit Coverage Renewal
Townsend Inc-Pittsboro Proc PI
COC Number NCG060011
Chatham County
Dear Permittee:
In response to your renewal application for continued coverage under stormwater General Permit NCG060000 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 stormwater General Permit NCG060000
• A copy of a Technical Bulletin for the General Permit
• Five copies of the Discharge Monitoring Report (DMR) Form
• Five copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater
discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all
the changes in the reissued permit.
The more significant changes in the General Permit since your last Certificate of Coverage include the following:
• Part I Section A — A new notation that the No Exposure Exclusion from permitting option may be available to the
permittee.
• Part I Section A — A new provision that facilities draining to 303(d) listed waters, or in watersheds with an approved TMDL,
may not be eligible for renewed coverage under the General Permit.
• Part II Section B Table 1 — An increased sampling frequency from once per year to twice per year.
• Part II Section B Table 3 — Benchmark concentrations now replace cutoff concentrations; the elimination of the option to
avoid sampling based on cutoff concentrations.
• Part II Section B — New provisions requiring the permittee to execute Tier One and Tier Two response actions, based on
the first benchmark exceedence (Tier One) and the second consecutive benchmark exceedence (Tier Two). Tier Two
requires that the permittee institute monthly monitoring instead of twice -per -year monitoring, until three consecutive
monitoring events show no benchmark exceedences.
• Part II Section B — A new provision that four exceedences of any particular benchmark will trigger increased DWO
involvement in the permittee's stormwater management and control actions. DWQ may direct the permittee to apply for
an individual permit, or may direct the implementation or installation of specific stormwater control measures.
DWQ received a number of comments on a series of general permits similar to this one. A full response to comments can be
found at http://ncwaterquality.org/su/industrialgpinfo.htm. Some comments resulted in permit modifications, others are
addressed in the response document or Fact Sheet. A few specific requests for clarification are addressed below.
1. What is the deadline for having a revised SPPP that reflects the provisions of the new General Permit? DWQ will require
that the permittee have a revised, complete SPPP no later than six months after the date of issue of that permittee's new
Certificate of Coverage.
2. Must analytical results be by a certified lab? What about pH measurements? All analytical results obtained to satisfy
NPDES permit requirements must be certified, as directed in North Carolina regulations at 15A NCAC 2H .0800, and as
administered by DWQ's Laboratory Section Certification Branch. This includes field pH measurements.
iC
'X��IC'.tn�};�a
rGlll[ /
North Carolina Division of Miter Quality 1017 Mail Scrvicc Center Raleigh, NC 27699-1017 Phone (919) 733-7015 Custurncr Service
Internet: h2oenr.state.nc.us/su/stormwater.htmI 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748
An Equal OpporlunitylAf irrnative Action Employer— 50% Recyded110% Post Consumer Paper
Permit Reissuance Letter — Permit NCG060011 4
Page 2
Your coverage under the General Permit is transferable only through the specific action of DWO. The Division may require
modification 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, 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 Robert Patterson of the Central Office Stormwater
Permitting Unit at (919) 733-5083, ext. 360.
Sincerely,
for Coleen H. Sullins
cc: DWO 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. NCG060000
CERTIFICATE OF COVERAGE No. NCG060011
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Townsend Inc
is hereby authorized to discharge stormwater from a facility located at
Townsend Inc-Pittsboro Proc PI
PO Box 734 - 270 Moncure Rd
Pittsboro
Chatham County
to receiving waters designated as Robeson Creek, a Class C;NSW water in the Cape Fear 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. NCG060000 as attached.
This certificate of coverage shall become effective November 1, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 1, 2007.
for Coleen H. Sullins, 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. NCG060000
CERTIFICATE ICATE OF COVERAGE No. NCC060011
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
`I'OWNSEND INC
is hereby authorized to discharge stormwater from a facility located at
TOWNSEND INC-PITTSBORO PROC PL
PO BOX 734 MONCURE RD
11T['f SBORO
CHATHAM COUNTY
to receiving waters designated as Robeson Creek, a class C stream, in the Cape fear River Basin in accordance with
the effluent limitations, monitoring requirements, and other Conditions set forth in Parts 1, 11, 111, IV. V, and VI of
General Permit No. NCG060(X)0 as attached.
This certificate ol'coverage shall become effective September 1, 2002,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 23, 2002.
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 23, 2002
LARRY REID
TOWNSEND INC-PITTSBORO PROC PL
PO 130X 709
SILER CITY, NC 27344
Subject: NPDES Slormwater Permit Renewal
Townsend Inc-Pittsboro Proc PI
COC Number NCG06001 1
Chatham County
[)car Permittee:
In response to your renewal application for continued coverage under general permit NCG060000, 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 (fie 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 Slormwater Permit NCG060000
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 [lie 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 Aisha Lau of the Central Office Stormwater
and General Permits Unit at (919) 733-5083, ext. 578
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Raleigh Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
eMA
NCDERR
Customer Service
1-800-623-7748
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
Dcccnlhcr 27, 2001
LARRY RI ID
'I'OWNSFND WC-PI"1'-I;SI:ORO PROC PL
PO BOX 709
SILER CITY. NC 27344
SuhjCCI: NPDES SIUr'n1WalCl' Pernllt RCnCWaI
TOWNSI NIA INC-ITI-I'SBORO PROC 11L
CO C Nur11hC,' NCG06001 1
Chalharll County
Dcar Pcrnriucc:
YnUr' f ICilil)' is Currently Covered for stormwaicr disChargC under GC11Cfal Permit NCG060000, This perrrlil expires
on Augusl 31, 2002. The Division SIu17 iS Currently in 111C prnccss ol'rewriting This perruit and is schCdulCd to hayC
111C I)Crinil rcissucd by 1111C sumincr ul' 2002. Once file permit is reiSsuCul, your facility would be cligihle for
C011611ucd C0yCraC1'C under the rcissucd permit.
In order to assure your Cnnlinucd C(veragC under the general permit. you n1uSl :y)ply to IhC I)ivision of W IICr'
Qu.rlity (DWQ) for r'erlewal of your permit coverage. To make this renewal I)rr,CCSs CasiCr% we ar'C informing YOU in
advance 11a1 your pCrnl11 will he expiring, Irnclosed you will find a General Permit Coverage Rencwat
Applicatiom Form. The application must he CumplCtcd anti returned by `'lareh d. 2002 in order to LSsurC Con[in1,CL1
cnycragc mulct file ,Cncra! pCI-Mit.
Failure to request renewal within this time period nlay result in a Civil assessment of al least $250.00. Larger
penalt CS may bC asSCSsed depending on 111C dClinyucncy of the request. DiSCIIM',C of Slo,'n1WOter Iro1n your facility
without Coycra«C Under ',I valid storrnwaler NPDES permit would CnnstitutC a violation crf NCGti 143-2I5.1 and
Cnu]d rCS1111 in asscsSmcnts uf' Civil penalties ol' up to $10.000 per day.
Plcasc note []Iat recent 1,cdcral ICgiSlation has CxtcndCd file "no CxposurC exclusion" to al] olwratorS of industrial
facilities in any of the I I Categories of "su,r'111 water dischargcS assnCialCd with industrial activity." (CrCCpI
cor,su'uction activities), If you Iccl your facility Can Ccr-lily a condition oI' "no cxposnrc i.C. the facilly industrial
tnatcrials and Operations arC not exposed to s[ormwater, you can apply for tic no exposure CxClusinn. For addilional
inl'orr,latiam contact the Central Office Stormwater Staff nlemhcr Iistcd below orChcck the Slornlwatcr & General
Permits Unit Well Sitc at ]nlhall,2u.cnr.st rlc.nc.uslsulstornswalur.huul
I I' lhC suhjCd Storrnwutcr discll.n--c to walers ol, the state has been lernlinated, please conlplele the enclosed
Rescission Request Form. Mailing instruChOliS arC lislcd on 111C bollom ol'llsc form. You will he nolilicd when [tic
rescission process has been Completed.
II' you 111ryC aay quCSliuns regarding the permit renewal procedures please contact .Joe Alhis[on of 111c Raleigh
Regional OI'f ice at 919-571-4700 or Aisha L.ru of the Central Office Stornvvalcr Unit at (g 19) 733-5053, c.rt. 578
Sincerely,
Bradley Belinell, Supervisor
Slornnvatcr and General Permits Unit
cc: Ccnlral Fidcs
Raleigh Re-ional Olf"ice
NCDENR
N. C. Division of Water Oualily 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 and Natural Resources
Division of Water Quality 4 •
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary � C � � Ip
A. Preston Howard, Jr., P.E.; Director C III
September 11, 1997
LINDO WEBSTER
TOWNSEND INC PITTSBORO PROC PL
PO BOX 709
SILER CITY, NC 27344
Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG06001 I
Chatham 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.
■ 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.
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, 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 Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 30, 1993
Jim Smith
Townsend, Inc., Pittsboro Processing Plant
P O Box 468
Millsboro, DE 19966
A. Preston Howard, Jr., P. E.
Director
Subject: General Permit No. NCGO60000
Townsend, Inc., Pittsboro Processing Plant
COC NCGO60011
Chatham County
Dear Mr. Smith:
In accordance with your application for discharge permit received on September 17, 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. Steve Ulmer at telephone number 919I733-
5083.
cc
Sincerely,
Original Si S'tdi Bs
A. W�s?9A Howard, Jr., P.E.
Raleigh Regional Office
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affrmalive Action Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
STORMWATER DISCHARGES
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
P. Coleman Townsend, Owner
is hereby authorized to discharge stormwater from a facility located at
Townsend, Inc., Pittsboro Processing Plant
Moncure Rd. SR 1012, approx. 1500' southwest of the intersection of US Hwy 15-501 nad SR 1012
Pittsboro
Chatham County
to receiving waters designated as Turkey Creek in the Cape Fear 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. NCGO60000 as attached.
This Certificate of Coverage shall become effective April 30, 1993,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 30, 1993.
Original Signed By
Coleen H. Sullins
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
STATE OF NORTH CAROLINA
IT bF NATURAL AND ECONOMIC RESOURCES
' RALEIGH, NORTH CAROLINA
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