Loading...
HomeMy WebLinkAboutNCG160013_COMPLETE FILE - HISTORICAL_20130506STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. DOC TYPE. ❑HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ j o 13 D5 c)b YYYYM M D D ,/ ! NC® Odic"Resources North Carolina Department of Environment and Nat Pat Mc Crory Governor Jule Smith, President FSC II, LLC dba Fred Smith Company 6105 Chapel Hill Road Raleigh, NC 27607 Dear Mr. Smith: Division of Water Quality Charles Wakild, P.E. Director May 6, 2013 Subject: Compliance Evaluation Inspection Holly Springs Asphalt Plant Formerly Holly Springs Plant 49 Certificate of Coverage No. NCG160013 Wake County John E. Skvarla, III Secretary On May 6, 2013, Thomas Ascenzo of the Raleigh Regional Office (RRO) conducted a compliance inspection (CEI) of Holly Springs Asphalt plant's stormwater pollution program. The assistance of Don Schell and James McDougal Asphalt Plant Foreman was appreciated as it facilitated the inspection process. The Holly Springs Asphalt facility discharges stormwater to receiving waters designated as UT of Jim Branch in the Cape Fear River Basin. The following observations were made: The Stormwater Pollution Prevention Plan (SP3) was reviewed and revealed the following : • The plan contained the required general location map that included outfall location and drainage areas. • Employee training documents were included in the SP3. The last training was conducted on February 22, 2013. • List of responsible parties for emergency spill response notification was available for review. • The plan included stormwater facility inspection reports, best management summary, current certificate of coverage, narrative description of practices and a spill prevention and response plan. The SP3 is being updated annually (or more frequently if needed) as required by the permit. Nor hCarolina Aaturn!!y North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service Intemet: www.newaterquality.urg Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110 % Post Consumer Paper Holly Springs Asphalt Plant NCG160013 :l 2. Qualitative monitoring was conducted on January 17, 2013. 3. Analytical Monitoring was conducted on January 17, 2013. 4. Outfall #1 was observed to contain silt build up and some erosion. It was suggested in the inspection to install rip rap in the outfall to decrease silt flow. It should be noted that heavy rainfall was observed at the site previous to observation. Outfall #2 consist of a retention pond that contained slight flow from the yard. Outfall #3 was observed to contain slight flow with no signs of solids or pollutants. 5. The Spill Prevention Response Plan was reviewed and found to be complete. The Holly Spring Asphalt plant's Stormwater Pollution Prevention Plan (SP3) is considered compliant. Please continue your diligence in the Stormwater Pollution Prevention Plan. Should you or your staff have any questions regarding this inspection or this correspondence, please do not hesitate to contact me at 919-791-4256 or you can e-mail me at tom.ascenzogncdenr.gov. Sincerely, Thomas Ascenzo Environmental Specialist Surface Water Protection Attachment: Compliance Inspection Reports CC: RRO File NCG160013 Mr. Don Schell -Asphalt Plant Manager 6105 Chapel Hill Road, Raleigh, NC 27607 Permit: NCG160013 SOC: County: Wake Region: Raleigh Compliance Inspection Report Effective: 10/01/09 Expiration: 09/30/14 Owner: Fsc II LLC DBA Fred Smith Company Effective: Expiration: Facility: Holly Springs Asphalt Plant 7600 Cass Holt Rd Contact Person: Don Schell Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 05/0612013 Primary Inspector: tom ascenzo Secondary Inspector(s): Title: EntryTime: 10:00 AM Holly Springs NC 27540 Phone: 919-868-7377 Certification: Exit Time: 10:30 AM Phone: Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG160013 Owner • Facility: Fsc 11 LLC DBA Fred Smith Company Inspection Date: 05106/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ C3 # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: SP3 contained all necessary components. Plan is updated annually. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: January 17, 2013 second monitoring event is scheduled in June 2013 Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: January 17, 2013 monitoring was conducted Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page:3 r Permit: NCG160013 Owner • Facility: Fsc II LLC DBA Fred Smith Company Inspection Date: 05/0612013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: 3 outfalls were inspected. Outfall #1 has signs of erosion. Suggestion to install rip rap in outfall to reduce silt and erosion issue. Outfall #2 was located into a retention pond had a slight flow, Out #3 had slight flow noted. Page: 4 North Carolina Beverly Eaves Perdue Governor NCDENR Department of Environment and Division of Water Quality Coleen H. Sullins Director Jule Smith, President FSC 11, LLC dba Fred Smith Company 6105 Chapel Hill Road Raleigh, NC 27607 Dear Mr. Smith: July 21, 2011 RPCEIVED JUL 2 6 2011 Natural ResourcWaQ,,1, 1"1jRpff;Ce Dee Freeman Secretary Subject: NPDES General Permit NCG160000 Certificate of Coverage NCG 160013 Holly Springs Asphalt Plant Formerly Holly Springs Plant #9 Wake County 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 Stomiwater Permitting Unit at (919) 807-6303. Sincerely, Colecn FI. Sullins cc: Raleigh Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919807-64941 Customer Service: 1-877-623-6748 Internet www.nmaterquality.org One NorthCarolina Naturally An Equal Opportunity 1 Afinnabye Action Employer STATL'-LT-NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG160000 CERTIFICATE OF COVERAGE No. NCG1600I3 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 11, 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, 11, III, IV, V and VI of General Permit No. NCG160000 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. fa' Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 1 F wnrF pip ,9oG Btvcrly Eaves Ptrduc. Governor t7 Dee Freeman, Secretary ti North Carolina Department or Environment and Natural Resources O Y Coleen H. Sullins, Director Division of Water Quality SURFACE WATER^PROTECTION $ECTI0-0 PERMITtiNA1VIEI0,WNEILSHIP,%@HANGE;FORIGI' °. - ' Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 10 10 N I C 1 G 6 10 10 1 1 1 3 Permit status pr10r to status change. a. Permit issued to (company name): Blythe Construction, Inc. b. Person legally responsible for permit: Allen Cahill First MI Last 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 c. Facility name (discharge): Holly Springs Plant d. Facility address: 7000 Cass Holt Road Address Holly Springs NC 27540 City Slate Zip e. Facility contact person: Allen Hendricks (704) 375-8474 First / MI / Last Phone III. 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 1I, LLC dba Fred Smith Company Jule Smith First Mi Last President Title 6105 Chapel Hill Road Permit Holder Mailing Address Raleigh NC 27607 City State Zip (919) 422-3213 fis3@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 MI Last (919) 868-7377 don.schell@fredsmithcompany.com Phone E-mail Address Revised 1rM 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: First MI Last Title 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. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Allen Cahill attest that this application for a name/ownership change has been revi ed an is act rate an omplete to the best of my knowledge. I understand that if all required parts o his applic io}f are not co lety ed and that if all required supporting information is not included, this oolicati a aee will e t as ncomolete. w✓"f May 13, 2011 Signature Date APPLICANT CERTIFICATION 1, 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 a kage will be r t t 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 IrM BILL OF SALE FOR VALUE RECEIVED, pursuant to the Asset Purchase Agreement dated as of May 13, 2011 (the "Purchase A reement") 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 1301 day of May, 2011. "SELLER" R10263891_vl {File: Client Files <On-line>\1035\151tBW4931.DOCX1 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 130i day of May, 2011. "SELLER" N10263891_vl j File: Client Files <Olr-line>U35%l5l\BW493 I.DOCXI North Carolina Beverly Eaves Perdue Governor Allen Hendricks Blythe Construction, Inc. PO Box 31635 Charlotte, NC 31635 Dear Mr. Hendricks: HC E R Department of Environment and Division of Water Quality Coleen H. Sullins Director December 1, 2009 l iJ l .� DEC - 9 20(19 Natural Resources Dee Freeman Secretary Subject: NPDES General Permit NCG 160000 Certificate of Coverage NCG 160013 Blythe Construction, Inc. --- Formerly Commercial Grading, Inc. Wake County On October 2, 2009, division personnel have reviewed and approved your request to transfer coverage under the General Permit. 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 Stormwater Permitting Unit at 919-807-6303. Sincerely, .. b/Coleen H. Sullins cc: DWQ Central Files Raleigh Regional Office Stormwater Permitting Unit Wake County Wetlands and Stormwater emnch 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org One North Carolina Aatural& An Equal Opportunity 1 Afrmatwe Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCC160000 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, III, 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. x ?C & 4— Coleen FI. Sullins, Director Division of Water Quality ' By Authority of the Environmental Management Commission