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HomeMy WebLinkAboutNCG060364_COMPLETE FILE - HISTORICAL_20170621STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V t�3� DOC TYPE 'HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ a bl YYYYMMDD Georgoulias, Bethany KICho (P 0 3wf From: Edgerton, Thom Sent: Wednesday, June 21, 2017 12:53 PM To: Greg Kanellis Cc: Dumpor, Samir; Georgoulias, Bethany; Moore, Bill Subject: RE: Butterball Feed Mill (Farmville, NC) - Representative Outfall Status Request Hello, Mr. Moore and myself have discussed representative outfall monitoring at the subject site on several occasions with regards to this request. During the site visits, Outfall 003 was noted and observed. And as is noted on the ROS application, no data exists for Outfall 003. However, due to the removal and cleaning up of the operations within the Outfall 003 drainage area, and with the continued monitoring/sampling of Outfall 001 and Outfall 002, we recommend that approval be granted that Outfall 002 is representative of Outfall 003. Please let me know if I can be of further assistance. Sincerely, Thom Thom Edgerton Environmental Engineer Division of Energy, Mineral and Land Resources/Land Quality Section Department of Environmental Quality 252 9466481 office thom.edterton(d)nodenr.gov Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 i, y,: -:P"Nothing Compares,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Greg Kanellis[mailto:gkanellis@harthickman.com) Sent: Tuesday, May 23, 2017 11:14 AM To: Edgerton, Thom <thom.edgerton@ncdenr.gov>; Moore, Bill <bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov> Cc: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov>; Lankford Ruffin (Iruffin@butterball.com) <Iruffin@butterball.com>; Matt Bramblett <MBramblett@harthickman.com> Subject: Butterball Feed Mill (Farmville, NC) - Representative Outfall Status Request All, On March 21, 2017, DEQ visited the above referenced property to resolve questions about which areas of the site are subject to NPDES stormwater permitting requirements. During the visit, a third outfall (Outfall 3) was identified on the Butterball portion of the site. To reduce the monitoring requirements associated with the stormwater permit, Butterball is submitting the attached Representative Outfall Status Request (ROSR) for your review. Per the instructions of the ROSR form, a hard copy will be mailed to the Washington Regional Office. Please let me know if you have any questions or require additional information. Best regards, Gregory Kanellis, PE Senior Project Engineer Hart & Hickman, PC 3334 Hillsborough Street I Raleigh, NC 27607 Direct 919-723-2512 Mobile 919-745-7197 1 Main 919-847-4241 www.harthickman.com hart 0-%—w h0man �s,ru+rca rsiv�[t7rruinn►stxuriCtrs N6�06 03(lf Georgoulias, Bethany From: Greg Kanellis <gkanellis@harthickman.com> Sent: Wednesday, May 24, 2017 11:16 AM To: Georgoulias, Bethany Cc: Lankford Ruffin (Iruffin@butterball.com); Matt Bramblett Subject: Butterball Farmville, NC - Outfall Coordinates Bethany, Per your request, below are the coordinates of the three outfalls at the Butterball Feed Mill facility in Farmville, NC. The receiving water is a tributary of Middle Swamp. Outfall 1: Lat: 350 35' 33.6438" (35.592679) Long: -77' 35' 51.3198" (-77.597589) Outfall 2: Lat: 350 35' 32.9388" (35.592483) Long: -770 35' 55.4562" (-77.598738) Outfall 3: Lat: 350 35' 36.7902" (35.593553) Long: -77' 35' 57.015" (-77.599171) Please let me know if you have any questions or need any additional information. Best regards, Greg Gregory Kanellis, PE Senior Project Engineer Hart & Hickman, PC 3334 Hillsborough Street I Raleigh, NC 27607 Direct 919-723-2512 E Mobile 919-745-7197 1 Main 919-8474241 www.harthickman_com hart � hickman SIMMER EtiV[ M.-A[t(M S Xt=NS Georgoulias, Bethany From: Georgoulias, Bethany Sent: Tuesday, April 11, 2017 3:54 PM To: 'Matt Bramblett' Subject: RE: Butterball Ownership Change - Farmville Attachments: NCG060364 Ownership Change letter to Butterball.pdf; Butterball Change Ownership Application.pdf; Requirement to get Permit letter to Southern States.pdf Matt, Attached are letters to Butterball regarding the Name/Ownership Change for the Feed Mill and to Southern States regarding our direction for them to apply for an individual NPbES stormwater permit. These went out in the mail today, so it may be a few days before hard copies arrive to the recipients. Best regards, Bethany Bethany Georgoulias Environmental Engineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethany georgoulias ncdenr.gou 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://dcq.nc.v-ov/abouUdivisions/energy-mineral-land-resources/stormwater �.Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Tuesday, March 28, 2017 12:55 PM To:'Matt Bramblett' <MBramblett@harthickman.com> Cc: Lankford Ruffin <Iruffin@butterball.com> Subject: RE: Butterball Ownership Change - Farmville Hi, Matt, Thank you again for taking the time to help arrange our visit last week. I just wanted to follow up with you to give you an update on that status of things. I am coordinating with the Washington Regional Office on the correspondence that will go out to both Butterball and Southern States. The Ownership Transfer for Butterball is straightforward, but we want to include information about our findings in that letter, and make sure any communication that goes to Southern States is sent at the same time. I hope to have things wrapped sometime next week. Best regards, Bethany Bethany Georgoulias Environmental Engineer Stornwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of I?nvironmental Quality 919 807 6372 office bethany_georgouliasCZDncdenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater hc. othIng Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matt Bramblett(ma ilto:MBra mblett@harthickman.com] Sent: Monday, March 20, 2017 11:33 AM , To: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Cc: Lankford Ruffin <Iruffin@butterball.com> Subject: RE: Butterball Ownership Change - Farmville Bethany, Lankford and I look forward to meeting you in the morning at the Farmville site. My cell number is 704.560.8009 if you need it. Thanks, Matt Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 10, 2017 Mr. Jim Wright Southern States Cooperative P.O. Box 183 Farmville, North Carolina 27828 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Subject: NPDES Stormwater Permit Requirement Southern States Cooperative — Farmville Agronomy Center Pitt County Dear Mr. Wright: On March 21, 2017, Division staff from the Washington Regional Office and Central Office visited this site in response to an Ownership Transfer request by Butterball to help resolve questions about which areas of the property are subject to stormwater permitting requirements under the federal National Pollutant Discharge Elimination System (NPDES) program. Mr. Ben Gawron from Southern States and representatives for Butterball were present and were very helpful during our visit that day, and we appreciate their participation and assistance. Although the Farmville Agronomy Center is a farm supply retail business and claims a Standard Industrial Classification (SIC) code of 5191 (farm supplies), the establishment here is primarily engaged in mixing fertilizers that are manufactured off -site —an activity described by SIC code 2875 and included in the NPDES Stormwater Regulations in 40 CFR § 122.26. We understand there may have been confusion in the past about whether these regulations apply to this operation, but the Division's determination is consistent with federal program implementation. During the visit, Division staff observed exposure of these industrial activities to stormwater, as well as potential point source discharges from these drainage areas. Based on these criteria, your operation requires an NPDES Stormwater Discharge Permit. While the NCG060000 General Permit covers discharges from the neighboring feed mill operated by Butterball (COC No. NCG060364), that General Permit does not adequately cover fertilizer mixing establishments. Nothing Compares--,, State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612 9197079200 Because none of our Program's Stormwater General Permits apply to an operation of this nature, we are hereby notifying you to submit a completed application for an individual NPDES Stormwater Permit (enclosed), including an $860 application fee and appropriate supplemental information, to the Stormwater Program in the DEQ Central Office within 60 days. You can find fillable PDF forms on EPA's website that can be printed here: https://www.epa._c�ov/npdes/np"des-application-forms. (Please note that although we use EPA forms, they must be submitted to N.C. DEQ.) Alternatively, Southern States Cooperative has the option of achieving No Exposure conditions and requesting an exclusion from NPDES permitting. If approved, the Division would issue a No Exposure Certification instead of an NPDES Stormwater Permit. Based on observations during the site visit, current conditions do not qualify as No Exposure, and several modifications would be necessary before DEQ could approve such a request. Butterball and Southern States Cooperative could also apply as co-permittees for a single individual NPDES Stormwater Permit that includes discharges from the entire site. Discharges to surface waters without a valid permit is a violation of NC General Statute 143- 215.1(a) and may result in a recommendation for appropriate enforcement action including assessment of civil penalties. If you have any questions or need further information, please contact the Stormwater Program at (919) 707-9220. Sincerely, Toby Viloln, Chief, Program Operations, Division of Energy, Mineral and Land Resources cc: Washington Regional Office / T. Edgerton Ben Gawron, Southern States Cooperative Matt Bramblett, P.E. / Hart & Hickman, PC (via e-mail) Stormwater Program Files Enclosure (EPA Forms 1 and 2F) Nothing Compares State of North Carolina I Environmental Quality f Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Energy, Mineral & Land Resources ENVIRONMENTAL OIIALITY April 10, 2017 Mr. Jim Wright Southern States Cooperative F.O. Box 183 Farmville, North Carolina 27828 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Subject: NPDES Stormwater Permit Requirement Southern States Cooperative — Farmville Agronomy Center Pitt County Dear Mr. Wright: I N6,�06063q On March 21, 2017, Division staff from the Washington Regional Office and Central Office visited this site in response to an Ownership Transfer request bby Butterball•lo help resolve questions about which areas of the property are subject to stormwater_perrmitting requirements under the federal National Pollutant Discharge Elimination System (NPDES) program. Mr. Ben Gawron from Southern States and representatives for Butterball were present and were very helpful during our visit that day, and we appreciate their participation and assistance. Although the 1~armville Agronomy Center is a farm supply retail business and claims a Standard Industrial Classification (SIC) code of 5 191 (farm supplies), the establishment here is primarily engaged in mixing fertilizers that are manufactured off -site —an activity described by SIC code 2875 and included in the NPDES Stormwater Regulations in 40 CfR §122.26, We understand there may have been confusion in the past about whether these regulations apply to this operation, but the Division's determination is consistent with federal program implementation. During the visit, Division staff observed exposure of these industrial activities to stormwater, as well, as potential point source discharges from these drainage areas. Based on these criteria, your operation requires an NPDES Stormwater Discharge Permit. While the NCG060000 General Permit covers discharges from the neighboring feed mill operated by Butterball (COC No. NCG060364), that General Permit does not adequately cover fertilizer mixing establishments. Nothing Compares State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources 512 N. Salisbury street 11612 14ail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Because none of our Program's Stormwater General Permits apply to an operation of this nature, we are hereby notifying you to submit a completed application for an individual NPDES Stormwater Permit (enclosed), including an $860 application fee and appropriate supplemental information, to the Stormwater Program in the DEQ Central Office within 60 days. You can find Tillable PDF forms on EPA's website that can be printed here: https:Hwww.epa.gov_/npdes/npdes-application- forms. {Please note that although we use EPA forms, they must be submitted to N.C. DEQ.) Alternatively, Southern States Cooperative has the option of achieving No Exposure conditions and requesting an exclusion from NPDES permitting. If approved, the Division would issue a No Exposure Certification instead of an NPDES Stormwater Permit. Based on observations during the site visit, current conditions do not qualify as No Exposure, and several modifications would be necessary before DEQ could approve such a request. Butterball and Southern States Cooperative could also apply as co-permittees for a single individual NPDES Stormwater Permit that includes discharges from the entire site. Discharges to surface waters without a valid permit is a violation of NC General Statute 143- 215.1(a) and may result in a recommendation for appropriate enforcement action including assessment of civil penalties. If you have any questions or need further information, please contact the Stormwater Program at (919) 707-9220. Sincerely, Toby Vi n, Chief. Program Operations, Division of Energy, Mineral and Land Resources cc: Washington Regional Office / T, Edgerton Ben Gawron, Southern States Cooperative Matt Bramblett, P.E-/ Ldart & Hickman, PC (via e-mail) �o er Program Files •M Cq Q 60Ca 2 Enclosure (EPA Forms I and 2F) Nothing Compares...`.. State of North Carolina f Environmental Quality f Energy.,Mineral and Land Resources 512 N. Salisbury Street 1612 Mail Service Center } Raleigh, North Carolina 27699-1612 919 707 9200 Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY Mr. Lankford Ruffin Butterball One Butterball Lane Garner, N.C. 27529 Dear Mr. Ruffin: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS RECEIVED —tor April 7, 2017 APR 12 2017 CENTRAL FILES DWR SECTION Subject: NPDES Stormwater Permit NCG060364 Butterball Formerly Goldsboro Milling Company Pitt County Division personnel received your request to revise your stormwater permit Certificate of Coverage (COC) to accurately reflect your new company and/or facility name. Please find enclosed the revised COC. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised COC is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency (EPA). On March 21, 2017, Division staff from the Washington Regional Office and Central Office visited your site to help resolve questions about which areas of the property are subject to NPDES Stormwater Permitting requirements. Butterball leases property to Southern States Cooperative — Farmville Agronomy Center, which mixes fertilizer for its retail operation on site. Although that operation is a farm supply retail business, the Division concluded the establishment on this part of the property is primarily engaged in mixing fertilizers that are manufactured off -site, an activity described by SIC 2875 and captured by the NPDES Stormwater Regulations in 40 CFR § 122.26. During the visit, Division staff observed exposure of industrial activities to stormwater on this part of the property, as well as potential point source discharges from these drainage areas. Concurrently with this ownership transfer to Butterball, the Division is notifying Southern States Cooperative of the obligation to apply for an NPDES Stormwater Permit. Nothing Compares --,,-,- State of North Carolina I Environmental Quality Energy. Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center [ Raleigh. North Carolina 27699-1612 919 707 9200 %4 , Stormwater discharges from Butterball's feed mill operation are authorized by the NCG060364 permit being transferred by this letter. Stormwater discharges from fertilizer mixing activities conducted by the lessee are not adequately covered by NCG060364 and should be covered under a separate permit obtained by Southern States Cooperative, unless Butterball and Southern States Cooperative elect to apply as co-permittees for an NPDES Stormwater Permit that covers the entire site, or unless Southern States Cooperative achieves No Exposure conditions and qualifies for an exclusion from NPDES permitting. Based on our observations while at the site, No Exposure does not apply. We hope this clarifies the questions surrounding permitting requirements for the activities present at this site. During the visit, staff noted a possible additional stormwater discharge outfall (SDO) on Butterball's property. Grading was planned on the north side of the plant near the railroad tracks to restore original drainage flow towards surface waters and may result in another SDO associated with industrial activities. The company should update its Stormwater Pollution Prevention Plan and sampling as necessary upon completion of that modification. Butterball may also request Representative Outfall Status (ROS) for one or more outfalls at the site to reduce monitoring requirements. An ROS request form may be found on our website: htt s://de .nc. ov/about/divisions/ener -mineral-land-resources/ener-rnineral- land- ennits/stormwater- ermits/n des-industrial-sw If you have any questions or need further information, please contact the Stormwater Program at (919) 707-9220. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Washington Regional Office Matt Bramblett, P.E. / Hart & Hickman, PC (via e-mail) Stormwater Program Files Central Files Nothing Compares, State of North Carolina I Environmental Quality i Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Servic e Center 1 Raleigh, North Carolina27699-1612 919 707 92 00 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG060000 CERTIFICATE OF COVERAGE No. NCG060364 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, Butterball is hereby authorized to discharge stormwater from a facility located at: Butterball 3648 South Fields Street Farmville Pitt County to receiving waters designated as Middle Swamp, a class C; Sw; NSW water in the Neuse 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. NCG060000 as attached. This certificate of coverage shall become effective April 7, 2017. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 7, 2017. for Tracy E. DaviP.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission Division of Energy, Mineral S Land Resources Land Quality Section/Storinwater Permitting NCDENRNational P0111.1tant Discharge Elimination System ��~°~H—"DN,Q, RRL ACZS PERMIT NAME/OWNERSHIP CHANGE FORM Pik C-0 _ (,jW-0 FOR AGENCY USE ONLY Date Received Year Month Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of•Coverage N I C I S 16 1 s I I I I 1 1 N 16. 10 10 1 6 1 0 1 3 6 4 11. Permit status prior to requested change. a. Permit issued to (company name): Goldsboro Milling Company b. Person legally responsible for permit: James 13 Jacobs First M 1 Last Feed Mill Manager Title P.O. Box 1009 Permit I lolder Mailing Address Goldsboro NC 27532 City State 'Lip (252)351-9001 ( ) Phone Pax c. Facility name (discharge): Farmville Feed Mill d. Facility address: 3648 SOLtth Fields St Address Farmville NC 27828 City State Zip e. Facility contact person: James .labobs (252-351-9001) First / ivll / Last "P:hone% iN 17 17) K ;.._ III. Please pro -vide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility FEB 4 ���� ❑ Name change of the facility or owner If other please explai,�: DF-MR-LAND 9UALiT'( b. Permit issued to (company name): Butterball v v c. Person legally responsible for permit: Lankford Ruffin First MI Last Corporate Environmental Manager Title n o a3'99 One Butterball Lane f • •�� Pen -nit Molder Mailing Address Garner NC 27529 City State `lip (919) 255- 7900x7989 ]ruffrn ei,butterball.corrt Phone E-mail Address d. Facility name (discharge): Same as above e. Facility address: Address City State Zip f. Facility contact person: 1,irst MI Last Phone E-mail Address Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 V. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First MI Last "fit le Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) 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. PERM ITTEE CERTIFICATION (Hermit holder prior to ownership change): 1, James Jacobs, 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. IVL�JL4_L /-30-/7- Sign. rre Date APPLICANT CERTIFICATION I, Lankford Ruffin. 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 ofthis application are not completed and that irall required supporting information is not included, this application package will be returned as incomplete. I f)- 2-3- 1' Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh. North Carolina 27699-1612 Revised Jan. 27, 2014 Type: CONSOLIDATED REAL PROPERTY Recorded: 12/30/2016 8.44:40 AM Fee Amt: $29,468.00 Page i of 4 Revenue Tax: $29,442.00 Pitt County, NC Lisa P. Nichols REG OF DEEDS BK 3511 PG 497 500 �lrtta'.'llnm;1.inelh-ver'ver%{"rrR;n,nI ?hrl" Parcel Nos. 07386, 07387, 0033966 Return 1'o: Deed Stamps: 29,442.00 Womble Carlyle Sandridge & Rise, LLP (LlD) 17 555 Fayetteville Street, suite 1100 Raleigh, NC 27601 STATV OF NORTH CAROLINA COCJNTY OF PUT THIS DEED, is made and entered into this 4 _ day of Decernber, 2016, by anti between GOLDSBORO MILLING COMPANY, allordi Carolina corporation, whose mailing address is P.O. Box 10009, Goldsboro, North Carolina 27532, hereinafter called Gi cantor, and BUTTERBALL, LLC, a North Carolina limited liability company, whose address is One Butterball Lane, Goldsboro, NIC 27529-5971, hereinafter called Grantee. W I T N E S S=TI11: That the Grantor, in consideration of Teii Dollars and other valuable consideration to it Maid by the Grantee, the receipt of which is hereby acknowledged, has hargainccl and sold, and by these presents does grant, bargain, sell and cozivcy unto the Grantee, its successors and assigns, the parcel of land lying and being in the City of Farinville, Pitt County, North Catalina, and snore particularly described as follows: Prepared by: Henry C. Smith, Attorney WARREN, KERR, WALSTON, TAYLOR & SMITH, LLP Tke attortlev preparing this ins'trrnnent has wade Ila record search. or' lisle examination as to the property herebi described. submitted eleccuonically by "womhle Carlyle Sandridge & Rice, LLP-Raleigh" 'in compliance with North caro'lina statutes governing recordable documents and the germs of the submitter agreement vrith the Pitt coMity Register of needs. Book: 3511 Page: 497 Page 1 of BEING all of "bract No. 1, consisting of 13.26 acres, mos,e or less, as shown on a 111ap entitled "Boundary Survey for Goldsboro Milling Co. "Southern Slates'Grain Mill Site", Farmville Twp., Pitt Co., N.C." dated November 24, 2014, as appears of record in Map Book 78, Page 72 in the Pitt County Registry. And described by metes and bounds per ALTA/NSPS Land Title Survey prepared for Butterball, LL,C, elated August 09, 2016, prepared by R. Scott Barrett, PLS L-4513, Job No. t6-088 on behalf of Back & Clark, Professional Land Surveyor, I3AC: Project No. 201602580-001, as follows: BEGINNING ata point located at the intersection of the western side of South Fields Strect and the south side of Norfolk and Southern Railroad, from said Beginning Point along the western right -Of -Way of South Fields Street, South 45^ 44' fly" West 648.96 feet to a 5/8" rebar found; thence along the northern boundary line of the property of Southern States Cooperative, Inc. (now or formerly) as described in a deed recorded in Book 886, Page 184, Pitt County Registry, in two (2) calls as follows: (1) North 75' 54' 46" West 355.51 feet to a ``/s" rebar set; thence (2) North 85' 21' 56" West 902.23 feet to a I" open top pipe found; thence along the eastern boundary line of the property of W.A. Allen, IV L.xccutor, W.A. Allen, III Estate (now or formerly) as described in Estate File No. 2010-E-657, Pitt County Clerk of Court, Estates Division, North 11' 48' 57" East 353.47 feet to a 1.5" open top pipe found; thence alongthe southern boundary I ine of the Norfolk & Southern Railroad, South 88' 1 V 1 l" East 1,466.52 feet to the Point or Place of Beginning, containing 13.268 acres or 577,940 square feet. This conveyance is made subject to restrictions and easements described in the attached Exhibit B entitled "Permitted Exceptions" and 2016 Pitt County ad valorem taxes which are to be prorated between the patties hereto. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances therew to belonging to the said Grantee, its successors and assigns forever. And the said Grantor, for itself and its successors, covenants with the Grantee, its successors and assigns that it is seized of said premises in fee and has the right to convey the same in fee simple; that the salve are free from encumbrances except as herein set forth; and that it will warrant and defend the said title to the same against the claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its company name by its duly authorized manager, this day and year first above written, Book: 3511 Page: 497 Page 2 of 4 GOLDSBORO MILLING COMPANY J roe Pelletier, III, President NORTH CFIR.OLINA WAYNE COUNTY I g. 'Sk�ck� , a Notary Public of Wayne County, North Carolina, do hereby certify that Jere Walter Pelletier, IQ, personally came before me this day and acknowledged that lie is President of Goldsboro Milling Company, a �hYi ter�l ily �aF1y, ion and that he, as President, being authorized to do so, executed the foregoing on behalf of the company. ` WITNESS my hand and official seal, this day of December, 2016. �Xk1+111ijurrrINotary Public My commission expires: ��`\`� ••STI?10 �'f, rm� WOO Bnok: 3511 Page: 4,J7 Pago 3 of 4 r" EXHIBIT 11 PERMITTED EXCEPTIONS 1. Easements and any other facts shown on plat recorded in Map Boole 33, Page 65 and Map Book 78, Page 72, Pitt County Registry. 2. Notice of Residual Petroleurn recorded in Book 3283, Page 620, Pitt Cowity Registry. Terms and provisions of that certain unrecorded Lease executed by Goldsboro Milling Company to Southern States Cooperative, Incorporated dated December 19, 2014, as evidenced by a Memorandum of Lease recorded in Book 3294, Page 815, Pitt County Registry, as assigned by Assignment from Goldsboro Milling Company to Butterball, I..LC, as evidenced by Assignment and Assumption of Mcmorandurn of Lease recorded of even date herewith in the Pitt County Registry, 4. Riglit(s) of way to Pitt -Greene Electric Membership Corporation recorded in Book M27, Page 142 and Book B33, Page 141, Pitt County Registry. 5. Right(s) of way to American Cyanamid Company recorded in Book M29, Page 61, Pitt County Registry. 6. Right(s) of way to North Carolina Natural Gas recorded in Book E31, Page 55 and Book E38, Page 462, Pitt County Registry. 7. Rights of way for railroad, switch tracks, spur tracks, railway facilities and other related railroad casements, if any, on and across the Property. 8. Riparian rights of others in and to the ditches. 9. Basements to Carolina Telephone & Telegraph Company recorded in Boole X21, Page 416, Book 1a26, Page 101, Book 1t29, Page 381 and Boole U30, Page 229, Pitt County Registry. 10. Survey dated August 9, 2016 and signed September 22, 2016, by R. Scott Barrett, PLS I 4513, Job No. 16-088 (BAC Project No. 201602590-001) on behalf of Hock & Clark, Professional Land Surveyor, reveals thefollowirig: a. water fines, meters, valves, manholes; b, utility lines with poles, guy wires; c. fiber optic cable inarkers; d. sign(s); c. tables; f, grain bin(s); g. storm drain lines, manholes, drop inlets; h. telephone vaults; i. ftarne building crosses over tax parcel line. Book: 3511 Page: 497 Page 4 of 4 Sent Via US Mail February 7, 2017 NC DEQ — DEMLR Stormwater Permitting Program 1612 Mail Service Center Raleigh, NC 27699-1612 Attn: Ms. Laura Alexander Re: Ownership Change Form NCG060364 3648 South Fields St Farmville, NC H&H Job No. BTB-002 Dear Laura: 19 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS RECEIVED FEB 14 2017 DEN€l•LAND QUALITY STORMVVATElt F'ENMIT'l INO Please find the attached ownership change form with original signature for the Industrial Stormwater General Permit Certificate of Coverage NCG060364. This form has also been provided in PDF format by email to Bethany Georgoulias. If you have any questions, please do not hesitate to contact me. Sincerely, Hart, Hickman, PC Matt Bramblett Principal Engineer, PE Attachment Cc: Mr. Lankford Ruffin, Butterball (via email) 2923 South Tryon Street, Suite 100 3334 Hillsborough Street Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 1 919.847.4241 main North Carolina Department of Environmental Quality Pat McCrory Governor James Jacobs Goldsboro Milling Company P.O. Box 1009 Goldsboro, NC 27532 Dear Mr. Jacobs: Donald R. van der Vaart Secretary September 24, 2015 Subject: General Permit No. NCG060000 Goldsboro Milling Company Farmville Feed Mill COC NCG060364 Pitt County In accordance with your application for a discharge permit received on July 23, 2015, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or permits required by the Division of Water 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 Richard Riddle at telephone number (919) 807-6375. Sincerely, ORIGINAL SIGNED M vr:%i R r for Tracy E: Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Washington Regional Office Central Files Stormwater Permitting Program File Division of Energy, Mineral and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web%Ir/ An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG060000 CERTIFICATE OF COVERAGE No. NCG060364 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, Goldsboro Milling Company is hereby authorized to discharge stormwater from a facility located at Goldsboro Milling Company Farmville Feed Mill 3648 South Fields Street Farmville Pitt to receiving waters designated as Middle Swamp, a class C, Sw, NSW water in the Neuse River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, III, and IV of General Permit No. NCG060000 as attached. This certificate of coverage shall become effective September 24, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 24, 2015 ORIGINAL SIGNED M KEN PICKLE for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission �t` A aRM, A Ut T� 251�' 0 2 -Airpm Cfflft -A, 7 NCG060364 N W E S. Map Scale 1:24,000 Goldsboro Milling Company rarmville reed Mill Latitude: 3511 35'35" N Longitude: -771 35'53" W County: Pitt Receiving Stream; Middle Swamp Stream Class: C; Sw; NSW Index Number: 27-86-26-5 (Neuse) 2125 =", IM1.4=14601 Facility Location LT1+ 7�A � NCDENR ?A n C ~- a�'�F� a Euvi .E- -D N.a - ftW U'KO NOTICE OF INTENT Division of Energy, Mineral and Land Resources Land Quality Section National Pollutant Discharge Elimination System NCG060000 FOR AGENCY USE ONLY Date Received Year IMonth Dav Certificate ofCorr b Check # I Amount National Pollutant Discharge Elimination System application for coverage under General Permit NCG060000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) 20 Food and Kindred Products SIC 21 Tobacco Products SIC 283 Drugs SIC 284 Soaps, Detergents, & Cleaning Preparations; Perfumes, Cosmetics, & Other Toilet Preparations SIC 422 Public Warehousing and Storage (except 4226) For questions, please contact the DEMLR Regional Office for your area. See page 4. Do Not use this NOl for renewals. (Please print or type) 1) Mailing address of ownerloperator address to which all permit correspondence will be mailed): Name Goldsboro Milling Company Street Address PO Box 1009 City Goldsboro, NC 27532 Telephone No. 919-778-3130 2) Location of facility producing discharge: Facility Name Goldsboro Milling Company Farmville Feed Mill Facility Contact Mr. James Jacobs Facility Address 3648 South Fields Street Facility City Farmville, NC 27828 Facility County Pitt Telephone No. Pending_ Fax: Pending Email james.Jacobs@goldsboromilling.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). The site is located at the intersection of South Fields Street and Wallace Street in Farmville, NC (A copy of a county map or USGS quad sheet with the facility clearly located must be submitted with this application.) 4) Latitude 350 35' 35" N Longitude -77' 35' 53"W 5) This NPDES Permit Application applies to which of the following: X New or Proposed Facility ❑ Existing Date operation is to begin: August 2015 SWU-221 Page 1 of 4 Last revised 6124114 N00060000 N.O.I. 6) standard Industrial Classification: Provide the 4-digit Standard Industrial Classification code (SIC code) that describes the primary industrial activity at this facility. SIC code: 2048 7) Activities a) Provide a brief narrative description of the types of industrial activities and products manufactured at this facility: grain storage and preparing feed for livestock. b) Check all activities occurring at this facility: None of the activities listed below ❑ use or process meats ❑ use or process animal fats/byproducts 8) Discharge points 1 Receiving waters: How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? Two What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater discharges end up in? Drainage ditches that flow into an unnamed tributary of Middle Swamp Receiving water classification: C, Sw: NSW Is this a 303(d) listed stream? No Has a TMDL been approved for this watershed? Not Applicable If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). Not Applicable 9) Does this facility have any other NPDES permits? X No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 10) Does this facility have any Non -Discharge permits (ex: recycle permit)? X No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑ No X Yes (Show any structural BMPs on the site diagram.) If yes, please briefly describe: covered storage areas, secondary containment, gravel surfaces 12) Does this facility have a stormwater Pollution Prevention Plan? ❑ No ❑ Yes If yes, when was it implemented? Pending 13) Are vehicle maintenance activities occurring at this facility? X No ❑ Yes 14) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X No ❑ Yes S W U-221 Page 2 of 4 Last revised 6/24/14 NCG060000 N.O.I. b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? X No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? XNo ❑ Yes d) Is hazardous waste stored in the 100-year flood plain? X No ❑ Yes If yes, include information to demonstrate protection from flooding. e) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport I disposal vendor: Vendor address: 15) Certification: North Carolina General Statute 143-215.6B (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Carl F. Bonner, PE with Terracon Consultants, Inc. Title: Agent i Consulting Engineer for the Owner C0,2F (Signature of Applicant) July 21, 2015 (Date Signed) This Notice of Intent must be accompanied by a check or money order for $100.00, made payable to: NCDENR. Do not send the check or money order separately. Page 3 of 4 SWU-221 Last revised 6/24/14 NCG060000 N.O.I. Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for $100 made payable to NCDENR. Must be included with this application (not sent separately). ❑ This completed application and all supporting documents. ❑ A site diagram showing, at a minimum, (existing or proposed): (a) outline of drainage areas, (b) stormwater management structures, (c) location of stormwater outfalls corresponding to the drainage areas, (d) runoff conveyance features, (e) areas where materials are stored, loaded, and unloaded, (f) impervious areas, (g) site property lines. ❑ Copy of county map or USGS quad sheet with the location of the facility clearly marked on the map. Mail the entire package to: Stormwater Permitting Unit Program Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Note The submission of this document does not guarantee coverage under the General Permit. For questions, please contact the DEMLR Regional Office for your area. DEMLR Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office... (252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office ......... (919) 807-6300 Page 4 of 4 SWU-221 Last revised 6/24114 UNITED STATES — DEPARTMENT OF THE INTERIOR — GEOLOGICAL SURVEY � •..... • 1 � _1 •:i BAST —�- ! +ins � � � — ~�' •'1 • �� I I� • ` � � �� I� 1 + Crafts ~ j Airport!/C) ' �e , `• U ` - I' I i � - f ♦ ti� s1 ; � o �r // •ems •� 1 ly I w ' f"•C ' 11 S^ N I OW x+ � f ♦� a� _Libra � % •i �r � .2csT�.� I 7r " � ;. F�: 1'yf of -. Fift71111� `_ SITE • aRFOL o SM `s.2 � w- -1.° y • i ! 55g� lJ s� auryf�r%ill 11 :1 blJohms { —a .• WTI •255+ t n )Marlboro f rcJA 1ILSB""9 u Dis sat cif SCALE 1:24 000 1 .5 0 KILOMETERS 1 2 1000 0 METERS 1000 2000 t S 0 1 MILES 1000 0 1000 20DD 30M 40M 5000 5000 7000 8000 9000 10 000 FEET CONTOUR INTERVAL 2 METERS NATK)NAI- GEODETIC VERTrAL DATUM OF 1929 QUADRANGLE FARMVILLE, NC 1981 7.5 MINUTE SERIES (TOPOGRAPHIC) 'INDICATES WHICH MAP SITE IS LOCATED ON RECEIVED JUL. 23 2015 GENR-LAND QUALITY STORMWATER PERMITTjt4 N Ir P4m Mnpr. "`*°"° EXHIBIT D�k- CB 72157038 swc l reffa= TOPOGRAPHIC VICINITY MAP RLW AS SHOWN STORM WATER COMPLIANCE SERVICES amaw By. nkr c°nenlxinRPa�°eer.s°d9eien[bb FARMVILLE FEED MILL CarMRF ,� W8 SOUTH FIELDS STREET am�aet CB Do DULY 20t5 u ae� w.+xrae ssaa NC 3e 3 FARMVILLE, NC z 1 z 1 k ! STORMWATER PERMIT WESTERN BOUNDARY -4-4� RAILROAD GRAIN BINS I k I 1 I k i ! FAT GRAIN BIN TO BE STORAGE (V REMOVED TANKS U FEED MILL SOYBEAN OIL �- -� ELEVATED STORAGE U �T} TOWER i TANKS 1 ; I I MAINTENANCE SHOP ! FOR FEED MILL I � 1 o WAREHOUSE & RETAIL STORE LEASED TO 1 Lu SOUTHERN STATES i + z GRAVEL 1 a i ; II OUTFALL #1 CONCRETE PAD +r (FORMER DIESEL FUEL TANK PAD) / i SCALE OFFICE OUTFALL #2 CONCRETE ' . / •' / SCALE ONCRET •' /' - -- -- -- -- -- -- --- ! " -- -- _ _ GRAVEL COVERED --BROKEN ASPHALT OW r ' — DITCH ROCK LINED SCALE it LEGEND — SITE NOT TO SCALE FTSI TRUCK SCALE m TANK IN CONTAINMENT $ DROP INLET I THIS UWAM M FOR GEIER& LOCAMN 01&1,— 6 NGf MEIN FOR CCN8iT1UCTM KIRPOSES NUTRIENT WAREHOUSE SUPPLEMENTTANKS r J , iXT LOADING RAMP GRAVEL DOCK , r , r , / r OFFICE JA I GRAVEL COVERED BROKEN ASPHALT LOADING DOCK r NOTE: OUTFALL PIPES DISCHARGE INTO THE DITCH WALLACE STREET /' �R*uWa PmpdW. SITE DIAGRAM RECE! y EI DENR-LAND QUALITY STORMV'VATER PER11 rn, CB 72157038lrerracon �By, RLw � AS SHOWNHOWN STORM WATER COMPLIANCE SERVICES podbBy Flo Nv Comuhins En`kro nand sdcnWta FARMVILLE FEED MILL CBIMRF awcrnSM3&2 3648 SOUTH FIELDS STREET CB JULY 2015 Ste 1880°' 00 NC 7 a FARMVILLE, NC - Iyt BONNER ,� r.. �7k ZBLACKFSONNER 2S2 753-21_25 r _ � � y MVILLE N27828 r,, f Al C RDERO t i, is ,:FOR TO 3E a Herxtge.Classic' ` _ r !.. NK= PikCville"I3C27863 i l`5 9 3 6 1: 2 3 5 ,,0.0 : m �hc6-oG�b�� 0