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HomeMy WebLinkAboutNCG160013_COMPLETE FILE - HISTORICAL_20150112STORMWATER DIVISION CODING SHEET NCG PERMITS PERM ITNO. IV C& IG 0b l'3 DOC TYPE ,B HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ 07'�� 5� 1 I o� YYYYMMDD Alexander, Laura From: Georgoulias, Bethany Sent: Monday, January 12, 2015 12:32 PM To: donald.Schell@fredsmithcompany.net Cc: Alexander, Laura Subject: NPDES General Permit NCG160000 Renewal Instructions - NCG1600013 Dear Permit Contact: NC DENR's Stormwater Permitting Program has reissued NPDES Stormwater General Permit NCG160000 (Asphalt Paving), which became effective October 1, 2014. Your Certificate of Coverage (COC) is ready for renewal and download from our website. Please follow the instructions below and be sure to print your new COC for your records. 1. Go to the following URL link: http://go.ncdenr.gov/sw-erenewal 2. Enter your COC Permit Number and unique PIN: Permit Number: NCG160013 Unique PIN number: 88993 3. Scroll Down and update the e-mail address information if necessary for a renewal confirmation. These fields are pre -filled with information we have on file about the Owner (including the e-mail, if we had. one). **However, if the confirmation should be e-mailed to someone else instead of to the e-mail in that box, PLEASE REVISE THAT E-MAIL ADDRESS.** You are unable to change the information in the other fields. Please contact us if something is incorrect. 4. Click "SUBMIT." A confirmation screen should follow. 5. On this screen, click the button "DISPLAY CONFIRMATION DETAILS." Clicking this button will automatically generate an e-mail to the address you provided on the previous screen. It will also send you to a screen that will display details of your renewal. 6. IMPORTANT: THIS 15 WHERE YOU PRINT YOUR COC. On this screen, you must print a copy of the Certificate of Coverage for your facility by clicking on "Print COC." It is your responsibility to generate this COC for your own records — we do not generate a duplicate copy centrally during this process. By following these steps, you will have a record of continued coverage under the new general permit, as of October 1, 2014, Please visit our website at http jfportal.ncdenr.orp/web/Ir/stormwater/2014-gps to download a copy of the General Permit, monitoring forms, and technical bulletin. Thank you for taking the opportunity to renew your permit on-line. We appreciate the chance to better serve you and hope you find the process beneficial. if you have any questions, please contact: Bethany Georgoulias, E-mail: bethany.georgoulias@ncdenr.Rov Telephone: (919) 807-6372, or Bradley Bennett, E-mail: bradley.bennett@ncdenr.goy Telephone: (919) 807-6378, or Bridget Munger, E-mail: brid�et.munRer@ncdenr.gov Telephone: (919) 807-6363, Bethany Georgoulias, Environmental Engineer NCDENR I DEMLR I Stormwater Permitting 1612 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG 160000 CERTIFICATE OF COVERAGE No. NCG 160013 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, FSC 1I, LLC dba Fred Smith Company is hereby authorized to discharge stormwater from a facility located at: Holly Springs Asphalt Plant 7000 Cass Holt Road Holly Springs Wake County to receiving waters designated as a UT of .lim Branch in the Cape Fear River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I. 11, III, and TV of General Permit No. NCG 160000 as attached. This certificate of coverage shall become effective January 12, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 12, 2015. .for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission l� 5 . NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary. of :% r x Ibe r1111f)WIFlUo a or nt o in ajr VerWit Datalmhe for a r i i s PfIqjIQQP14, Permit Number; NGGI40013 Parnilt Tvpw Aiehalt CA4ne tAixivre�tarafe�ater Qis arse I-fJC /Faellity Namel Holly SaftsAsohaft Plant Facility lAddrassl: *laUA" F1011W Addreasa: QIty, �lLAl9 i 's kl rSAF�' t$,,1 Owner infnrmattatl wits: Owner Name: Es[ II LLC D86 Fred Smith Cemeanv Owner Typo: Non -Government Owner Type Group: Oman12dt on Owner AMIlation: ]ule S:i & Title: pMidCn AgIdressi: 51D5 Ch�oei Hill RdHill Rd Address2: City, Skate & Zip: RAIClobt 1JC.2760 W9rk Phone: 22 �3 Fax: Umall Addresst (js,3 , o < ithce AWOW N. P ner�Contact'Person(s)Y CentaCt Name I tla. 9ddrggs FMAU Contact Name. �.�, f'lOti—SEh0i[ I� fax --rkr s 1�4 �c6bLIChd_ r. 5 41,37507 r tUl Ski- 4-, 14ca 91 $C(� �, camoanv.corav��`7 4 PermftCanta�ctAe�so ('°,:�� IK ntact Nerve ILWI ssidttr;x 4I0-1� Uj Al c� dI LL f'' EhRae il .iau Fala L. nN • we i C � hf�16a« 1 r /i. i V (3 x?r—i) j 949 Z80, ' 9�` J"zWAo, r Sct �i 5/10/2014 Paee NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 21, 2011 Jule Smith, President FSC 1I, LLC dba Fred Smith Company 6105 Chapel Hill Road Raleigh, NC 27607 Dee Freeman Secretary Subject: NPDES General Permit NCG160000 Certificate of Coverage NCG 160013 Holly Springs Asphalt Plant Formerly Holly Springs Plant #9 Wake County Dear Mr. Smith: Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on May 16, 2011. 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. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 807-6303. cc: Raleigh Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9IM07-63001 FAX: 919-807-64941 Customer Service:1-877-623-6748 Intemel: www.ncxaterquality.org Sincerely, o/ Coleen H. Sullins One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer -STAi-Or'NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160013 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, FSC II, LLC dba Fred Smith Company is hereby authorized to discharge stormwater from a facility located at Holly Springs Asphalt Plant 7000 Cass Holt Road Holly Springs Wake County to receiving waters designated as a UT of Jim Branch 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. NCG 160000 as attached. This certificate of coverage shall become effective July 22, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 22, 2011. for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission i 0F W rtl Q Beverly Haves Perdue. Governor Cl)Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Q � Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION 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 0 0 N I C G 6 10 0 1 ] 1 3 II. Permit status RfLor to status change. a. Permit issued to (company name): Blythe Construction, Inc. b. Person legally responsible for permit: Allen Cahill First M I Last MAY z 6 t s DENR - l edendi; & QilAl Ty c. Facility name (discharge): d. Facility address: President And Ceo Title P.O. Box 31635 Permit Holder Mailing Address Charlotte NC 28231 City State Zip (704)375-8474 (704)375-7814 Phone Fax Holly Springs Plant 7000 Cass Holt Road Address Holly Springs NC 27540 City State Zip e. Facility contact person: Allen Hendricks (704) 375-8474 First / MI 1 Last Phone II1. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner 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: FSC 11, LLC dba Fred Smith Company Jule Smith First Ail Last President Title 6105 Chapel Hill Road Permit Holder Mailing Address Raleigh NC 27607 City State Zip (919) 422-3213 ijs3@fredsmithcompany.com Phone E-mail Address Fred Smith Company - Holly Springs Asphalt Plant 7000 Cass Holt Road Address Holly Springs NC 27540 City State Zip Don Schell First M1 Last Revised 112009 (919) 868-7377 don.schell@fredsmithcompany.com Phone E-mail Address } PERMIT NAME/OWNERSHIP CHANGE FORM Page 2of2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First M1 Last Title Mailing Address City - State Zip Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior V. 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. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Allen Cahill , attest that this application for a name/ownership change has been revi ed an is ac rate an complete to the best of my knowledge. I understand that if all required parts o his applic do are not co leted and that if all required supporting information is not included, this pplicati age will e n as neomplete. May 13, 2011 Signature Date APPLICANT CERTIFICATION I, Jule Smith , 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 ackage will be r as incomplete. May 13, 2011 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 Revised 112009 BILL OF SALE FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May 13, 2011 (the "Purchase Agreement") between BLYTHE CONSTRUCTION, ,INC., a North Carolina corporation (the "Seller"), on the one hand, and FSC II, LLC, a North" Carolina limited liability company d/b/a "Fred Smith- Company" ("Buyer"), on the other hand, the Seller has bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term "Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall have the meanings ascribed to such terms in the Purchase Agreement. TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever. The Seller makes no representation or warranty concerning the Assets except as specifically provided in the Purchase Agreement. THE BUYER HAS-BEEN AFFORDED AN OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY KIND (EXCEPT FOR A WARRANTY OF - TITLE), WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE - SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FUTURE PERFORMANCE OR SUITABILLITY OF SUCH ASSETS FOR ANY PURPOSE WHATSOEVER. This Bill of Sale- will not constitute an assignment, attempted assignment or agreement to assign any permit to the extent that any attempted assignment or agreement to assign such permit without the consent of any Person would constitute a breach thereof or would impair the rights of the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of sale, transfer, conveyance, assignment and confirmation and take such action as the Buyer may reasonably require in order more effectively to transfer, convey and assign to the Buyer, or to confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof. This Bill of Sale is delivered and effective as of the 13'h day of May, 2011. "SELLER" Alan Cahill, President and CEO #I0263891_vl IFile: Client Files <Off-line>110351I51%BW4931.DOCX# BILL OF SALE FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement= dated as of May 13, 2011 (the "Purchase �Agreement') between BLYTHE CONSTRUCTION, INC., a North Carolina corporation (the "Seller"), on the one hand, and FSC 11, LLC, a North Carolina limited liability company d/b/a "Fred Smith Company" ("Buyer"}, on the other- hand, the Seller has bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term "Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall have the meanings ascribed to such terms in the Purchase Agreement. TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever. The Seller makes no representation or warranty concerning the Assets except as specifically provided in the Purchase Agreement. THE BUYER'hAS BEEN AFFORDED AN OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY KIND (EXCEPT FOR A WARRANTY OF TITLE), WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SELLER -HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FUTURE PERFORMANCE OR SUITABILITY OF SUCH ASSETS FOR ANY PURPOSE WHATSOEVER This Bill of Sale will not constitute an assignment, attempted assignment or agreement to assign any permit to the extent that any attempted assignment or agreement to assign such permit without the consent of any Person would constitute a breach thereof or would impair the rights of the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of sale, transfer; conveyance, assignment and confirmation and take such action as the Buyer may reasonably require in order more effectively to transfer, convey and assign to the Buyer, or to confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof. This Bill of Sale is delivered and effective as of the 13'h day of May, 2011. "SELLER" BLYXIIE CONST UCTION, IN Alan Cahill, President and CEO #10263891�vl (File; Client Files Off-tint>11035%151,.BW4931.DOCX1 BL�J- THE May 13, 2011 Via Overnight Mail Stormwater Permitting Unit North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Attn: Mr. Bradley Bennett, Supervisor Mar 1 6 zotl DENR . WAL Re: Blythe Construction, Inc. - Notice of Permitted Facility Sale Wake Forest Plant — Certificate of Coverage No. NCG 160012, Wake County Holly Springs Plant — Certificate of Coverage No. NCG 160013, Wake County Gentlemen: In accordance with Section B (General Conditions), Condition No. 2 (Transfers) of NPDES General Stormwater Permit No. NCG 160000, the permittee, Blythe Construction, Inc., hereby notifies the N.C. Division of Water Quality that it has sold its asphalt plant located at 10501 North Capital Boulevard (U.S. Highway 1) in Wake Forest, North Carolina (the "Wake Forest Plant") and asphalt plant located at 7000 Cass Hold Road (i.e. the intersection of N.C. Secondary Roads 116 and 1 127), in Holly Springs, North Carolina (the "Holly_ Springs Plant") to FSC 11, LLC dba Fred Smith Company as of this date. The Wake Forest Plant is covered by Certificate of Coverage No. NCG 160012. The Holly Springs Plant is covered by Certificate of Coverage No. NCG 160013. Effective May 13, 2011, FSC 11, LLC dba Fred Smith Company has acquired legal ownership and control of the Wake Forest Plant and Holly Springs Plant. If you have any questions or need additional information concerning this ownership change and future operation of these Plants, please contact Mr. Brent E. Wood at FSC 11, LLC dba Fred Smith Company as follows: Brent E. Wood Vice President Fred Smith Company 6105 Chapel Hill Road t Raleigh, NC 27607 BLYTHE CONSTRUCTION, INC. 2911 North Graham Street —Charlotte. NC 28206 P.O. Box 31635 — Charlotte, NC 28231 TI(704) 375-8474 FI(704) 375-7814 www.blytheconstruction.com U BLWTHE Thank you for your help. If you should have any questions or comments, please do not hesitate to let me know. Very truly yours, BLYT CO STRU Alan Cahill President and CEO cc: Mr. F. Julius Smith, Ill, President, FSC II, LLC Mr. Brent E. Wood, Vice President, FSC II, LLC BI,YTHE CONSTRUCTION, INC. 2911 North Graham Street — Charlotte, NC 28206 P.O. Box 31635 — Charlotte, NC 28231 T/(704) 375-8474 F/(704) 375-7814 www,blytheconstruction.com BILL OF SALE FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May 13, 2011 (the "Purchase Agreement") between BLYTHE CONSTRUCTION, INC., a North Carolina corporation (the "Seller"), on the one hand, and FSC 11, LLC, a North Carolina limited liability company d/b/a "Fred Smith Company" ("Buyer"), on the other hand, the Seller has bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term "Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall have the meanings ascribed to such terms in the Purchase Agreement. TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever. The Seller makes no representation or warranty concerning the Assets except as specifically provided in the Purchase Agreement. THE BUYER HAS BEEN AFFORDED AN OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY KIND (EXCEPT FOR A WARRANTY OF TITLE), WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FUTURE PERFORMANCE OR SUITABILITY OF SUCH ASSETS FOR ANY PURPOSE WHATSOEVER This Bill of Sale will not constitute an assignment, attempted assignment or agreement to assign any permit to the extent that any attempted assignment or agreement to assign such permit without the consent of any Person would constitute a breach thereof or would impair the rights of the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of sale, transfer, conveyance, assignment and confirmation and take such action as the Buyer may reasonably require in order more effectively to transfer, convey and assign to the Buyer, or to confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof. This Bill of Sale is delivered and effective as of the 130' day of May, 2011. "SELLER" Alan Cahill, President and CEO #10263891_v1 (File: Client Files <0fr-lint>11035%l5l%BW4931.D0CXf BILL OF SALE FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May 13, 2011 (the "Purchase Agreement") between BLYTHE CONSTRUCTION, INC., a North Carolina corporation (the "Seller"), on the one hand, and FSC II, LLC, a North Carolina limited liability company d/b/a "Fred Smith Company" ("Buyer"), on the other hand, the Seller has bargained, sold, conveyed, transferred, set over and assigned, and by this Bill of Sale does hereby bargain, sell, convey, transfer, set over and assign, unto the Buyer, all of the Assets. The term "Assets" and other capitalized terms used in this Bill of Sale and not otherwise defined shall have the meanings ascribed to such terms in the Purchase Agreement. TO HAVE AND TO HOLD unto the Buyer and its successors and assigns forever. The Seller makes no representation or warranty concerning the Assets except as specifically provided in the Purchase Agreement. THE BUYER HAS BEEN AFFORDED AN OPPORTUNITY PRIOR TO THE DATE OF THIS BILL OF SALE TO PERFORM DUE DILIGENCE WITH RESPECT TO THE ASSETS. IN VIEW OF THE FOREGOING, THE ASSETS ARE SOLD "AS -IS" AND "WHERE -IS" WITHOUT WARRANTY OF ANY KIND (EXCEPT FOR A WARRANTY OF TITLE), WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SELLER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SELLER MAKES NO REPRESENTATIONS - OR WARRANTIES REGARDING THE FUTURE PERFORMANCE OR SUITABILITY OF SUCH ASSETS FOR ANY PURPOSE WHATSOEVER. This Bill of Sale will not constitute an assignment, attempted assignment or agreement to assign any permit to the extent that any attempted assignment or agreement to assign such permit without the consent of any Person would constitute a breach thereof or would impair the rights of the Seller or the Buyer thereunder and such consent is not obtained. The Seller hereby confirms and agrees that, at the Buyer's reasonable request, it will execute and deliver such other instruments of sale, transfer, conveyance, assignment and confirmation and take such action as the Buyer may reasonably require in order more effectively to transfer, convey and assign to the Buyer, or to confirm the Buyer's title to, all of the Assets and to place the Buyer in possession thereof. This Bill of Sale is delivered and effective as of the 13`h day of May, 2011. "SELLER" Alan Cahill, President and CEO #10263891_vl (File: Client Files <Off-Ii">%l0351151%BW4931.DOCX} It ja NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 1, 2009 Allen Hendricks Blythe Construction, Inc. PO Box 31635 Charlotte, NC 31635 Subject: NPDES General Permit NCG160000 Certificate of Coverage NCG 160013 Blythe Construction, Inc. Formerly Commercial Grading, Inc. Wake County Dear Mr. Hendricks: On October 2, 2009, division personnel have reviewed and approved your request to transfer coverage under the General Pen -nit.. Please find enclosed the revised Certificate of Coverage. The terns 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. Environmental Protection Agency. If you have any questions, please contact the Stonnwater Permitting Unit at 919-807-6303. Sincerely, P� Coleen H. Sullins cc: DWQ Central Files Raleigh Regional Office - Stormwater Permitting Unit Wake County Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9IM07-6300 4 FAX: 919-807-64941 Customer Service:1-877-623-6748 wwOne 1 1 Internet: wricwaterquality.org 1 1� T�"orthCarOlina An Equal OpportunifylAr6rmarnreAction Employer !}/atura` l STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160013 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, Blythe Construction, Inc. is hereby authorized to discharge stormwater from a facility located at Holly Springs Plant #9 7000 Cass Holt Road Holly Springs Wake County to receiving waters designated as a UT of Jim Branch in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, IV, V and VI of General Permit No. NCG160000 as attached. This certificate of coverage shall become effective December 1, 2009. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 1, 2009. .749- Coleen 1-1. SitlIins, Director Division of Water Quality By Authority of the Environmental Management Commission /I of W A TF9 U1 r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 28, 2005 Mr. Steve Fowler Fowler Contracting 5520 Dillard Drive Suite 100 Cary, NC 27511 Dear Mr. Fowler: Alan W. Klimek, P.E. Director Division of Water Quality Subject: NPOES General Permit NCG160000 Certificate of Coverage NCG160013 Fowler Contracting -Holly Springs Plant Formerly Nello L. Teer Company Wake County Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on October 28, 2005. 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. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, ORIGINAL SIGNED Ti" {EM �IClltE Man W. Klimek P. E. cc: DWQ Central Files Raleigh Regional Office, Water Quality Section Stormwater Permitting Unit On Aae Carolina lurally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OppartunitylAffirmative Action Employer —50% Recycled1101/6 Post Consumer Paper i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160013 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, FOWLER CONTRACTING is hereby authorized to discharge stormwater from a facility located at FOWLER CONTRACTING -HOLLY SPRINGS PLANT 7600 CASS HOLT ROAD HOLLY SPRINGS WAKE COUNTY to receiving waters designated as a UT of Jim Branch in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,1I, III, IV, V, and V1 of General Permit No. NCG160000 as attached. This certificate of coverage shall become effective October 28, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 28, 2005. Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission 9 � �t�'1�11"i� �•• ;y+ /dry` -_ r��*'�-�f.,, I .'� • �: �1�"!,•,r f _���,�11 ..i=�-��� m /tom,, � 1 � • •+ .`` �� -' , r. . L t.'ll+lr � � 11 _ I '� i}1�.I-!/i� fti �~Ye,+ , •!��l f ur� 11, �J '1: �T_.• • (�-.��5�`-_'�11�/ `} (1:1_ ,, ��%` .� •• ,�-,,;-?���� ,- � 4/yC a f�� ^�'.• .. cb dik ��� � ``---, ry :..0 ,�}( �n ram.. .•�� ` � _I �� � � -lam—"" "-"-��\����'--������ �`, •\� �`�•-f ;� �f � CJ ti `� - -. �. , � •� : .,�JI_ter gu �C` � � - � �9�'f�,- H /�,.% ?�. f � '•�'+ - a I d la; r - 'fir O IN ME MRSE �0� W H 7F9p P 'C October 28, 2005 Mr. Steve Fowler Fowler Contracting 5520 Dillard Drive Suite 100 Cary, NC 27511 Dear Mr. Fowler: 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 Subject: NPDES General Permit NCGI60000 Certificate of Coverage NCG160013 Fowler Contracting -Holly Springs Plant Formerly Nello L. Teer Company Wake County Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on October 28, 2005. 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. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, Alan W. Klimek P. E. cc: DWQ CenttA Files Raleigh Regional Office, \Y'ater Quality Section Stormwater Permitting Unit NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirrnative Action Employer —50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160013 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, FOWLER CONTRACTING is hereby authorized to discharge stormwater from a facility located at FOWLER CONTRACTING -HOLLY SPRINGS PLANT 7600 CASS HOLT ROAD HOLLY SPRINGS WAKE COUNTY to receiving waters designated as a UT of Jim Branch 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. NCG160000 as attached. This certificate of coverage shall become effective October 28, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 28, 2005. Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission -` . `� �r � � ��• �' � i I L% .. � ; ' . •• ,:! \ � \ � � � /�' eoio¢i�al.se�u,arvJ, �r ., � fs \i�� //��' ..-.�' ; Sys . � 5� ' r�';�'� �� • �.� .r-- . ! �- � • Park $ �,l �. +\��I/11�`.. i`,` �.• '••.. •�.�� .. 123 i ^ �1 ��+�\ '�� .✓�� � 1i � 'y�: \ j 11� 4J1!I i/,y� f•_, \� �:1� f � � r +��\ •! ' �' %�� i1 .�' 1 , :,�� it � 1 / ,.-�J -� �,�� r i � I n a 1 � � �i��l�� ��� � s � , 5 �, �\\\\�..'� �• I - �� , I . �i' -�f��u 1� �=�a�, o ;.�•---J j� `��'))'! � ,' f� �.�-Q�;;' ,��a%'—�l�`'����J mod,•`\Yt• 1'�'\! t• a ~ • • ••� 1\1\5_// ... �./ \-� f f ! !l._: / I \:,��• !•\ter t �. t��J(�-. - �'• • 1 Yr- _� •�1�-�11j !�� �ti ,\`\11' i 7 ~ �L��; 1, zs � �''sr •i \i'y� (/(`- `.�/ �l �J, ,: S• �'*-� •.� / aQ�1`i\ a+ae_\�L��1� '1�\J % \� ti •� _1 / �1,1 ���'�- /J } �� � �f"r' f !1 li i %,��.1 ���`f �• l ' \ ~ `� <ac i n '%. ` y �i /`jf '4F �•>.� f i r��_�� ���-.'. \, \`� `-- � ,���V � 'r, � , �. � 1 !� J 4, ma's 4yi $���~ `---� �`, 'l'� �. �� � I! •- i � i ti• m. op 1 ~✓ f J ,wi inks tart �•�_ � ',�:� '- � \` VN \� T l •\ /r p p ��� � 3 • � a tih9 c �}1 { O a s n [d50 II Q • 204' J / mo6—L—U PG � William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources - ZN" Roli Mr. Steve Fowler Fowler Contracting 5520 Dillard Drive, Suite 100 Cary, NC 27511 Alan W. Klimek, P.E. Director Division of Water Quality - --"- - Subject: Permit name or -ownership change request.._,. Permit NCG160013- Your request for a permit name change or ownership change received on r 1 o b S, is being returned due to: ❑ Permit Name/Ownership Change Form is missing. ❑ Permit Name/Ownership Change Form is incomplete. ❑ Permit Name/Ownership Change Form signatures missing. )'�Vl issing legal document of the transfer of ownership (such as a contract or a deed). ❑ Other Please return the information so we can continue processing your request. If you have any additional questions, please contact Sarah Young at (919) 733-5083 extension 502. Our mailing address is as follows: Wetlands and Stormwater Branch 1617 Mail Service Raleigh, NC 27699-1617 V DWQ Stormwater Permitting Unit Cc: DWQ Central Files SPU No hCarolina _ Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us - 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunity/Affirmative Action Employer — 50 k Recyciedl10% Post Consumer Paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director MICHAEL OWENS NELLO L TEER COMPANY- PLANT 5 P.O. BOX 80607 RALEIGH, NC 27623 Dear Permittee: IT098AA 0 0 A&4;1A Nam NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsOURcEs July 27, 1999 Subject: Reissue - NPDES Stormwater Permit Nello L Teer Company- Plant 5 COC Number NCG160013 Wake County Ir response, to your renewal application for continued coverage under general permit NCG 160000, 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 copy of general stormwater permit NCG160000 * A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to certify that you have developed and implemented the SPPP as per the conditions of the 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 the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin for the general permit which outlines changes in the permit, key requirements, and addresses frequently asked questions * A Certificate of Coverage Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with and, 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, for Kerr T. Stevens cc: Central Files Stormwater and General permits Unit Files Raleigh Regional Office 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 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG160013 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, NELLO L TEER COMPANY- PLANT 5 is hereby authorized to discharge stormwater from a facility located at NELLO L TEER COMPANY- PLANT 5 3800 GATEWAY CENTRE BLVD RALEIGH WAKE COUNTY to receiving waters designated as a UT of Jim Branch in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III. IV, V. and VI of General Permit No. NCG160000 as attached. This certificate of coverage shall become effective August 1, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 27, 1999. �iC+!Le e for Kerr T. Stevens, Director Division of Water Quality By Authority 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 February 3, 1995 Marcus Norris Nello L Teer Company Plant 6 P.O. BOX 80607 Raleigh, NC 27623 Subject: General Permit No. NCG 160000 Nello L Teer Company Plant 6 COC NCG 160013 Wake County Dear Marcus Norris: In accordance with your application for discharge permit received on October 26, 1994, 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-143:115'.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. r If you have any question concerning this permit, please contact MS. AISHA LAU at telephone number 919/733-5083. Sincerely, Or! l ina4 S}pned Sudins Coleen H. A. Preston Howard, Jr. P.E. cc: Raleigh Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 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 GENERAL PERMIT NO. NCG1600 0 CERTIFICATE OF COVERAGE No. NCG160013 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, Nello L. Teer Company is hereby authorized to discharge stormwater from a facility located at Nello L. Teer Company Plant #6 SR116& SR1127 Holly Springs Wake County to receiving waters designated as an unnamed tributary to Jim Branch in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11 and IV of General Permit No. NCGI60000 as attached. This Certificate of Coverage shall become effective February 3, 1995. This Certificate of Coverage shalt remain in effect for the duration of the General Permit. Signed this day February 3, 1995. , Grigiral Signed By Cole -en H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission V O • T + 6 1\ � ,If 1 0 pi oL-- Q J 0 V e% u QUAY •VARINAJ FUQUAY—VARINA 4.e mt. W 5255 M SE e ' ;t .:.. .,-at,...f.,..a..:wwns.ous'wn►,sLr.:r.nr�wawK.w:i4.1.M1� , ,.a'.::+�wJi. "�e,:G4rW%,-d3ayY �r.:ii"T-n+"'::i.r�.'.1is`Y.1:... ,�+il'i . ,. !n•^+:F:. a.r. -r�- _ � .. L' . - � FACILITY Nello L. Teer Company Plant #6 COUNTY Wake NPDES NCG160013 MAP# E23SW DSN FLOW NA SUB 'BASIN 03-06-07 3\ R •. l LATTITUDE 35' 36' 19" LONGITUDE 780 52' 44" RECEIVING STREAM UT to Jim Branch STREAM CLASS C DISCHARGE CLASS Stormwater EXPIRATION DATE 7/31/99