NCG190078_Emails RE Permit Transfer Documentation_20220323

Georgoulias, Bethany
From: Georgoulias, Bethany
Sent: Wednesday, March 23, 2022 5:02 PM
To: Doug Ruhlin; Steve Zimmerman
Cc: Tran, Kieu M
Subject: RE: [External] NCG190078 Permit Transfer
0
If this is the only legally binding document available, please go ahead and submit the new form at the link we sent
(https://edocs.deg.nc.gov/Forms/SW-Name-Owner-Change), and upload the Asset Purchase Agreement with both
signature pages as the supporting documentation.
We will include this correspondence in the file for further clarification in case there are questions in the future.
Thank you,
Bethany Georgoulias (she/her)
Environmental Engineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 707 3641 office
[e-mail]
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
From: Doug Ruhlin [mailto:[e-mail]]
Sent: Wednesday, March 23, 2022 2:31 PM
To: Georgoulias, Bethany <[e-mail]>
Cc: Steve Zimmerman <[e-mail]>
Subject: Re: [External] NCG190078 Permit Transfer
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Bethany -
I see that Steve Zimmerman has answered appropriately, and I hope his responses are sufficient.
Please let me know if there is anything I can do.
On Wed, Mar 23, 2022 at 12:48 PM Steve Zimmerman <stevezkzimmermanmarine.com> wrote:
Bethany,

Please see my comments below.
Steve
Steve Zimmerman, President
[e-mail]
[phone] OFC
[phone] MOBILE
[phone] FAX
ZIMMERMAN MARINE
AN EMPLOYER OWNED cold PANY
Your Mid -Atlantic Service Connection
Herrington Harbour North, Tracys Landing, MD
Norview Marinea, Deltaville, VA
Mobjack Bay, Cardinal, VA
Oriental, NC
Holden Beach, NC
Charleston Harbour Resort & Marina and Cooper River Boatyard, Charleston,SC
Employee Owned... Customer Driven
www.zimmermanmarine.com

From: Georgoulias, Bethany<[e-mail]>
Sent: Wednesday, March 23, 2022 9:54 AM
To: Doug Ruhlin <[e-mail]>
Cc: Tran, Kieu M <[e-mail]>; Steve Zimmerman <[e-mail]>; Edgerton, Thom
<[e-mail]>
Subject: RE: [External] NCG190078 Permit Transfer
Good morning, Doug,
We discussed the matter with our sister program, and we have some follow up questions.
1—The executed signature page uploaded only included the Buyer's signature. Was there one with both signatures,
and was that notarized as part of the final legal record? We have been advised that a notarized record would be more
acceptable if this is the only evidence of transaction.
[SZ] The signatures are on two separate pages on the file you attached. Page 4 is my signature, page 5 is the seller.
Despite having done asset purchases multiple times, there has never been a requirement for notarization. It is a
legally binding contract.
2 — In the APA, the table of contents references a Bill of Sale in Exhibit C, which is not present. You explained it does
not apply in this transaction. Is that the reason it's not there? Is this an erroneous reference in the agreement? (Our
reviewer noticed this was missing, which is the other reason it seemed incomplete to us the first time).
[SZ] You are correct — it is noted, probably a remnant of boiler plate that was not caught. There is no Bill of Sale. 1
have asked our corporate attorney to confirm and will follow up when he responds.
appendix
Appendix A Definiltons
F,xhihits
Exhibit A S 194,000.00 Promi ssory Note and Amortization
Schedule
EKhibir B SW,000.00 Prontissory Note and Amortization Schodkile
Exhibit C BUI of Sale
Exhibi i D Covenant Not to Compete

Thank you,
Bethany Georgoulias (she/her)
Environmental Engineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 707 3641 office
[e-mail]
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Ql�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle
your requests by phone or email. We appreciate your patience as we continue to serve the public during this
challenging time.
From: Doug Ruhlin [mailto:[e-mail]]
Sent: Tuesday, March 22, 2022 5:02 PM

To: Georgoulias, Bethany<[e-mail]>
Cc: Tran, Kieu M <[e-mail]>; Steve Zimmerman <[e-mail]>; Tom Edgerton
<[e-mail]>
Subject: Re: [External] NCG190078 Permit Transfer
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Bethany -
Perfect, thank you! We will handle that hard copy form, and let me know what you hear after your
meeting.
On Tue, Mar 22, 2022 at 4:51 PM Georgoulias, Bethany <bethany_geor og uliaskncdenr.gov> wrote:
Hi, Doug,
The attached email alert that went to Steve on March 17t" (see attached) indicated that the submittal could not be
processed any further. There was no other one that was approved, and I don't see any other record in the permit
file. I will check in with Kieu if there is a different record I have missed — I apologize if I have confused things or missed
another exchange.
The link I sent you (as a follow up to that email) is a link to a more recent Name/Ownership change form that includes
a form with a signature that must be mailed in — it is not the same form as we had before. It is
here: https://edocs.deg.nc.gov/Forms/SW-Name-Owner-Change
I am including that form that needs to be fill out an signed as part of that upload.
I was able to access the originally uploaded documents in the Forms system, and they are attached for reference.
If these are the only documents available, we will seek out some guidance from our sister program in the DWR NPDES
Program. We lost our previous Administrative Assistant who normally handled these / screened these documents for
acceptability, and our new one is just getting trained. There were only technical staff left to do these, and all we had
were the instructions left behind for us. We have a meeting with a staff person in the other program about this topic
tomorrow, and we will discuss this scenario that you describe. We appreciate the clarification of the situation.

We will follow up with you after our morning meeting with more information. In the meantime, if the link above is
not the form you are referring to (and I have missed something), that form will still need to be filled out for the permit
transfer. It will be uploaded and also mailed in, as we have identified that EPA regulations require an original signed
copy on file, so we no longer accept new submittals through the older form. We are sorry to switch tracks on you like
that, and thank you for being patient with us while we work to make our process more consistent across our entire
NPDES program.
Best regards,
Bethany Georgoulias (she/her)
Environmental Engineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 707 3641 office
[e-mail]
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to

appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle
your requests by phone or email. We appreciate your patience as we continue to serve the public during this
challenging time.
From: Doug Ruhlin [mailto:[e-mail]]
Sent: Tuesday, March 22, 2022 4:15 PM
To: Georgoulias, Bethany<[e-mail]>
Cc: Tran, Kieu M <[e-mail]>; Steve Zimmerman <[e-mail]>; Tom Edgerton
<[e-mail]>
Subject: [External] NCG190078 Permit Transfer
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Bethany -
With regards to the transfer in permit coverage for the site located in Oriental with the above -
referenced number, and in response to your email to Steve Zimmerman of Zimmerman Marine
(please copy me on any such emails to facilitate matters), I have the comments below. Please note
that I called you today, and per your voicemail, I am emailing you directly.
The transaction in question involves an asset sale (ie, sale of the assets of a business location, not
of the land or buildings) FROM Deaton Yacht Services (the prior holder of permit NCG190078) TO
Zimmerman Marine (who needs to be the current holder of permit coverage).
Deaton Yacht no longer is present at this site or operates at this site. Zimmerman Marine operates
this facility, in a manner essentially identical to that formerly conducted by Deaton Yacht. Therefore,
transfer of permit coverage is appropriate, unless it is desired that we have Deaton terminate their
prior coverage and we (Zimmerman) instead apply for new permit coverage, which seems
unnecessarily cumbersome, but if that is what you wish then so be it.
1. The form you provided with your March 18 email is the one that was previously completed. I
believe it was already reviewed, and Kieu Tran (copied on this email) said it was acceptable
and nothing further was needed from us at this time.
2. With regards to this transaction, there is no contract deed or bill of sale. For this type of
transaction, the appropriate legal document is an Asset Sales Agreement, which was

provided as part of the submittal of the above -referenced form (and which you referenced,
hence I presume you have a copy). There is no other document for this transaction; the
Asset Sales Agreement is all that is available.
3. Zimmerman bought the business assets of Deaton at this location, which includes the
equipment present, the parts in the parts room, the "goodwill" attached with a business at
this location, the use of the property for the intended use, etc. They (Zimmerman) did not buy
Deaton Yacht Service, nor did they buy the grounds or building.
4. The site continues to remain appropriate for coverage under this permit, which we would like
to get resolved ASAP. Zimmerman has been proceeding for the past few months as if they
have permit coverage, and we would like to soon register them for e-DMR reporting, etc.
They will (and are) handling all site activities, and will be doing the required quarterly
stormwater monitoring as if they have permit coverage.
I had attempted to call you to discuss this matter with you, but I think the information above lays it
out pretty clearly. We'd like to get this resolved ASAP, so please let me know what is required
further of Zimmerman (or Deaton) to finish this up. Until then, do not hesitate to contact me with any
questions you may have. I thank you in advance for your assistance.
DOUG RUHLIN
CPESC, CPSWQ, CPISM, CHMM, CESCP, REPA, REM, CESM,
CEA
Principal Environmental Consultant
R;
toll free: 888-762-0230 1 office: 609-693-8301
web: www.nnagreen.com I email: doug(a�xmagreen.com
ManagementResource
Associates
Environmental Complionce & Due Diligence Services
Latest Article Can I get an air permit in New Jersey by myself?

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by mistake, please notify the sender immediately and do not disclose the contents to
anyone or make copies thereof.
DOUG RUHLIN
CPESC, CPSWQ, CPISM, CHMM, CESCP, REPA, REM, CESM,
CEA
IL Principal Environmental Consultant
toll free: 888-762-0230 1 office: 609-693-8301
web: www.rmagreen.com I email: doug�a,rmagreen.com
Environmental Compliance & Due Diligence Services
Latest Article Can I get an air permit in New Jersey by myself?
IMPORTANT: The contents of this email and any attachments are confidential.
They are intended for the named recipient(s) only. If you have received this email
by mistake, please notify the sender immediately and do not disclose the contents to
anyone or make copies thereof.
9

DOUG RUHLIN
CPESC, CPSWQ, CPISM, CHMM, CESCP, REPA, REM, CESM,
It CEA
Principal Environmental Consultant
toll free: 888-762-0230 1 office: 609-693-8301
web: www.nuagreen.com I email: doug�a,rmagreen.com
Resource
Management
Associates
Environmental l is l Due Diligence Services
Latest Article Can I get an air permit in New Jersey by myself?
IMPORTANT: The contents of this email and any attachments are confidential.
They are intended for the named recipient(s) only. If you have received this email
by mistake, please notify the sender immediately and do not disclose the contents to
anyone or make copies thereof.
10