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NCGNE0951_COMPLETE FILE - HISTORICAL_20160204
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. DOC TYPE C/HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �UI ���o� D YYYYMMDD PAT MCCRORY a Governor DONALD R. VAN DER VAART Secrelary Energy,Mineral and Land Resources TRACY DAVIS ENVIRONMENTAL OVALITY February 4, 2016 Direaur Mr. Andrew Coffey Hancock & Moore, LLC P.O. Box 3444 Hickory, NC 28603 Subject: Name/Ownership Change Request No Exposure Certification NCGNE0951 Hancock & Moore, LLC Formerly RHF-HM, LLC Guilford County Dear Mr. Coffey: The Division has reviewed your submittal of the permit name/ownership change form for the subject No-Exposure Certification, which we received on December 29, 2015. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No-Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an . un-permitted discharge. Annual re-certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re-Certification form for your use. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. State of North Carolina J Environmental Quality I Energy,Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh,North Carolina 27699-1612 919 707 9220 T If you have any questions or need further information, please contact the Stormwater Permitting Program at(919) 707-9220, Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Winston-Salem Regional Office Stormwater Permitting Program Files Central Files Division of Energy, Mineral & Land Resources FOR AGENCY USE ONLY ua y Secon/Stormwat P er ermittin r Date Received Land Quality} ti �, Year I Month I Day National Pollutant Discharge Elimination System NC®ENR E---N-FZE-� PERMIT NAMEIOWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C S O N G G N E 0 9 5 1 II. Permit status prior to requested change. a. Permit issued to (company name): RFIF-I-IM, LLC b. Person legally responsible for permit: Thomas J O'Connell First Ml Last Vice President Of Finance Title RECEIVED P.O. 13ox 3444 �9 2015 Pennil Holder Mailing Address DECtL U Hickory NC 28603 DENR-LAND{QUALITY City State Zip STORMWATER PERWTTVG (828)495-8235 (828) 495-3473 Phone Fax c. Facility name (discharge): RFIF-HM, LLC dba Jessica Charles, LLC d. Facility address: 535 "Townsend Avenue Address High Point NC 27263 City State Zip e. Facility contact person: Kermit Pierce (336)434-2124 First 1 MI I Last Phone Ill. 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): Hancock & Moore, LLC c. Person legally responsible for permit: Andrew Coffey First M[ Last Controller "Title P.O. Box 3444 Permit 1-folder Mailing Address 1-1ickory NC 28603 City State Zip (828)495-8235 andy ahancockandmoore.com Phone 1--mail Address d. Facility name (discharge): Hancock & Moore, 111,C dba Jessica Charles e. Facility address: 535 'Fownsend Avenue Address High Point NC 27263 City State Zip f. Facility contact person: Kermit Pierce First Nil Last 336 434-2124 inariaffjessiutcharles.com Phone 1—mail Address Revised Jan.27,2014 I�y�t i s I Charles Watson EHS Manager 4 ISO 9001:2008 ® k���LNX Refining Redcfinet! I A Precious Meta!Recycling Crunparry I I Telephone:252.558.0215 x 0218 251 Industrial Boulevard CeU:252.714,0522 Greenville,NC 27834 Fax:252.413.0491 www.metallixreiining.com charlesw0metallixrefning.com NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 1V. Pcrmit contact information (if different from the person legally responsible for the permit) Permit contact: Joy S Bailey First M I Last Purchasing/Safety/lL"nvironntental Title P.O. Box 3444 Mailing Address I-lickory NC 28603 City State Zip (828)495-8235 joy r liancockandntoore.coni Phone t:-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) Required Items: "PHIS APPLICATION WILL 13E RE'CURNED UNPROCESSED IF ITEMS V!. 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 ofan ownership change request. hor a name change request, the signed Applicant's Certification is sufficient. PERMITTED CERTIFICATION (Permit: holder prior to ownership change): I, Andrew Coffey, 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. rgnature Date APPLICANT CERTIFICATION I, Andrew Coffey attest that this application fora 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 ifall required supporting information is not included, this application package will be returned as incomplete. S' =nattt-e Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Storntwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan.27.2014 RTP ENVIRONMENTAL ASSOCIATES, INC. (I nno-- AIR • WATER • SOLID WASTE CONSULTANTS 2123 Old Sportonburg Rood #288 Greer. South Corolino 29650 (rtpsc@rtpenv.com) ($ ) 848 1303 December 14, 2015 Mr. Ken fickle NC Division of.Energy, Mineral, and Land Resources Stormwater Permitting; Program 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Hancock & Moore Plants 1, 2 and 3 and Jessica Charles/Ownership Name Change Dear Mr. fickle: This letter is to notify you that RI-IF-I-IM, ITC, which recently purchased the Hancock & Moore Plants 1, 2 and 3 and the Jessica Charles, LLC furniture manufacturing plant, has changed its name and address. ]'he Articles of Amendment (attached) were filed with the North Carolina Secretary of State on October 20, 2015. "I'he new legal corporate/owner name and address are as follows; Hancock & Moore, LI.,C P.O. Box 3444 Hickory, North Carolina 28603 I'lius, on behalf of Hancock & Moore, LI-,C, we are submitting the attached NPDES Permit Name/Ownership Change Forms for Hancock & Moore Plants 1, 2 and 3 and Jessica Charles which reflect the proposed ownership change and new Responsible Official. "Elie contact names and addresses for each plant will remain the same. ff you have any questions, please call me at (704) 996-1510 or Rhonda Nichols ol.,Century Furniture at (828) 326-8628. Very truly yours, RTP Enviromnental Associates, 1 nc. aaw� RECEIVED James 1-1. Laughlin, III +� Principal DEC 2015 D NR-LAND QUALITY ORNA A CR PERMITTING Attachment A: Hancock & Moore Plant l/Form Hancock & Moore Plant 2/Form Hancock & Moore Plant 3/Form Jessica Charles/horn llivision of Energy, Mineral & Land Resources FORAGENCYUSI ONLY Date Received Land Quality Section/Stormwater Permitting Year n�omh Day �" ®��� National Pollutant Discharge Elimination System l� N�C/ CLi DEEMT OE `M°A°MMEMr-Nuu R_I-C- PERMIT NAMEIOWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDhS Permit. (or) Certificate of Coverage N G S O N C G N I 0 9 5 1 H. Permit status Lrior to requested change. a. Permit issued to (company name): Jessica Charles, LLC b. Person legally responsible for permit: "Thomas J O'Connell First M I Last Vice President Of Finance Title P.O. Box 3444 Permit Holder Mailing Address Hickory NC 28603 City State Zip (828)495-8235 (828)495-3473 Phone Fax c. Facility name (discharge): Jessica Charles, LLC d. Facility address: 535 Townsend Avenue Address High Point NC 27263 City State Zip e. facility contact person: Kermit Pierce (336)434-2124 First / Ml / Last Phone 111. Please provide the following for the requested change (revised permit). a. [Zequest 1'or change is a result af: ® Change in ownership of the facility ❑ Name change of the facility or owner Tf other please e rplffin: b. Permit issued to (company name): RHF-1-IM, LLC c. Person legally responsible for permit: Thomas J O'Connell First MI Last RECEIVED Vice President Of Finance Title OCT 2 3 2015 P.O. Box 3444 Permit]Molder Mailing Address GENR-LAND QUALITY Hickory NC 28603 STORMdATER PERMITT;NG City State Zip (828) 495-8235 tom a hancockandtnoore.com Phone I.--mail Address d. Facility name (discharge): RI-IF-HM, LLC dba Jessica Charles, LLC c. Facility address: 535 Townsend Avenue Address High Point NC 27263 City State Zip 1'. Facility contact person: Kermit Pierce First MI Last (336)434-2124 maria i jessicacharles.com Phone E-mail Address Revised Jan.27,2014 NPDES 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: Joy S Bailey First M I Last Purchasing/Safety/IsnvironmentaI Title P.O. Box 3444 Mailing Address Hickory NC 28603 City State Zip (828)495-8235 joya�hancockandmoore.com Phone F-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. PEIkM[TTEE CERTIFICATION(Permit holder prior to ownership change): I, Thomas .l. O'Connell, 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. Signature Date APPLICANT CERTIFICATION 1, Thomas J. O'Connell, 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. ,lA,.ri, 1/4//Y Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Storrilwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan.27,2014 BILL OF SALE (Jessica Charles, LLC) This Bill of Sale ("Bill of Sale") is dated as of October 5. 2015 by and between Jessica Charles, L'LC, a North Carolina limited liability company ("Seller"), and RHF-HM, LLC; a 1 North Carolina limited liability company ("Purchaser"). 1 s f RECITALS Purchaser is a wholly owned subsidiary of RHF Investments, Inc., a North Carolina corporation ("RHF"). RHF, Seller and other parties affiliated with Seller entered into an Asset f Purchase Agreement dated as of October 5, 2015 (`'Purchase Agreement") pursuant to which Seller has agreed to sell and RHF has agreed to purchase; or cause one or more affiliates of RHF to purchase, substantially all of the assets of Seller. Capitalized terms used in and not otherwise ; defined in this Bill of Sale have the meaning assigned to there in the Purchase Agreement unless the context othemise requires. Therefore, in consideration of the foregoing and the other valuable consideration given by RHF and Purchaser to Seller, the receipt and sufficiency of which is hereby° acknowledged, the parties, intending to be legally bound; hereby agree as follows: E AGREEMENT 1. Purchased Assets. Effective as of the date hereof; Seller hereby sells, transfers, conveys, assigns and delivers to Purchaser; and Purchaser hereby accepts from Seller. all of the right. title and interest of Seller in and to the Purchased Assets of the Seller. ` I 2. Purchase Price and Allocation. Pursuant to the terms of the Purchase Agreement, RHF has the right to allocate the purchase price among the Purchased Assets of the Operating Sellers, including Seller. The allocation of the total purchase price among the Purchased .Assets, including the Purchased Assets of Seller, will be made at a later date. 1. Further Assurances. Seller further covenants and agrees with Purchaser that i Seller will execute and deliver such other bills of sale, transfers, assignments and other instruments of conveyance and will do such other acts as reasonable requested by the Purchaser to further vest in Purchaser such title to the Purchased Assets and to fulfill and discharge Seller's obligations of conveyance hereunder and under the Purchase Agreement. 4, Warranties. Seller covenants with Purchaser that Seller owns and has good and valid title to each of the Purchased Assets owned by it, free and clear of all Liens (other than amounts payable pursuant to the Purchased Contracts as expressly contemplated in the Purchase Agreement), has the right to convey the same, and that Seller will warrant and defend the title to I the same against the -lawful claims of all persons whomsoever, except for the Permitted Exceptions. i Page 1 of 2 t i IN TESTIMONY WHEREOF, Seller and Purchaser have executed this Bill of Sale as of the day and year first above written. SELLER: Jessica Charles, LLC i By: _ F _ I Nb4 ..r S. S/K Title: s PURCHASER: R.HF-KM, LLC By: Brandon M. Hucks Chief Financial Officer Page 2 of 2 i f IN TESTEMONY WHEREOF, Seller and Purchaser have executed this Bill of Sale as of the day and year first above written. SELLER: 1 Jessica Charles, LLC i By: Name: a Title: i i PURCHASER: I RHF-HM, LLC Bv Brandon M. Hucks Chief Financial Officer i i I i I i i i i PaLye 2 of 2 i i 417 .y�v,,'t.f•'�i•r 1 0. WA MCDENR • ment of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor JUL 0 3 2013 Director Secretary CENTRALFIL.ES June 24, 2013 DW(YWG Mr. Tom O'Connell, VP Finance Jessica Charles, LLC P.O. Box 3444 Hickory, NC 28603 Subject: �No-Exposure Certification.NCGNE0951 J Jessica Charles, LLC. 535 Townsend Avenue, High Point, NC Guilford County Dear Mr. O'Connell: The Division has reviewed your submittal of the No-Exposure Certification form requesting Exclusion from NPDES stormwater Permitting for the Jessica Charles, LLC facility located at 535 Townsend Drive in High Point. Based on submittal of the signed certification and the site visit conducted by Mike Mickey on June 21, 2013, the Division is granting the conditional exclusion from permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of the no-exposure certification, Jessica Charles, LLC is obligated to maintain no-exposure conditions at this facility. If conditions change such that the facility can no longer qualify for the no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for any stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Jessica Charles, LLC must re-certify the no-exposure status annually using the attached form. Any "Yes" answer would require that you obtain NPDES permit coverage for stormwater discharges from the facility. The annual self re-certification does not need to be submitted to DWQ unless requested. Please note that this conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Mike Mickey at(336) 771-5000. Sincerely, for Thomas A. Reeder cc: Winston-Salem Regional Office Stormwater Permitting Unit, No-Exposure Files Central Files ; Wetlands and Stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolma 27699.1617 NorthCarolxna location:512 N.Salisbury St.Raleigh,North Carolina 27604 ��������� Phone:919-807-63001 FAX:919-807-64941 Customer Service:1-877-623-674$ Internet:www,ncwaterquality.org An Equal Opportunity 1 Affrmative Action Employer jessica charles May 28, 2013 Mr. Ken Pickle Stormwater Permitting Unit Division of Water Quality 1617 Mail Service center Raleigh, North Carolina 27699-1617 Subject: Jessica Charles, LLC-Request for No Exposure Certification Dear Mr. Pickle: Please find attached the completed Form NCGNE0000 request for No Exposure Certification for the Jessica Charles, LLC facility. The Jessica Charles LLC, which is located at 535 Townsend Avenue in High Point, North Carolina, manufactures upholstered furniture. ,If you have any questions, please call me at (828) 495-8235 or Jim Laughlin of RTP Environmental Associates, Inc. at (704) 996-1510. Very truly yours, Jessica Charles, LLC Tom O'Connell Vice President Finance Enclosures 535 Townsend avenue f sigh Point NC 27261 Phone: 335-434-2 i24 Fax: 336-434-4197 wv.w.jessiczcharles.cotr 1uL•uept.orsrNR � i zoo Wiwston -Sc�lerl7 J 3 FOR AGENCY USE ONLY ;i Date Received k,Y Division of Water Quality /Surface WaMr—P-ratection Year month 5a egional Office ®E�� National Pollutant Discharge Elimination System). I I CertificateoECov"age N GNE NprriNC 0— o. NO EXPOSURE CERTIFICATION for Exclusion E:ma Me mo N.mlr+ Res aces NCGNE0000 NO EXPOSURE CERTIFICATION National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certification constitutes notification that your facility does not require a permit for stormwater discharges associated with industrial activity in the State of North Carolina because it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all industrial materials and activities are protected by a storm resistant shelter(with some exceptions) to prevent exposure to rain, snow, snowmelt, and/or runoff. For permitted facilities in North Carolina, DWQ must approve your application for No Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must continue to abide by the terms and conditions of the current permit. Industrial materials or activities include, but are not limited to: material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: drums,barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed"means banded or otherwise secured and with locked or non-operational taps or valves;adequately maintained vehicles used in material handling,and final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility-wide basis only—not for individual outfalls. if any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form,you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). You are required to self re-certify your No Exposure Exclusion annually. For questions, please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of ownerioperator(address to which all certification correspondence will be mailed Name: Jessica Charles I-L.0 Contact: Tom O'Connell Vice President of Finance Street Address: P.O. Box 3444 City: ZIP Telephone No.: 828 495-8235 Fax: 828 495-3021 f ar Email: tom@hancockandmoore.com J` `0 s Page 1 of 7 SWU-NE-12Aug2010 NCGNEOOOO No Exposure Certification 2) Location of facility producing discharge: Facility Name: Jessica Charles. LLC Facility Contact: Kermit Pierce, Vice President„Manufacturing Facility Street Address: 535 Townsend Avenue City: High Point State: NC ZIP Code: 27264 County: Guilford Telephone No.: (33�Q4�24 L*WM)6 _ 1=ax:_(336)434-4127 ---- ---- Email: maria(cDaessicacharles.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). 1-8513usiness North, right on Brentwood left on Townsend Avenue. Plant is on the left. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes ONo 5) Is this a Federal facility? ❑ Yes 0 No 6) Latitude : 35.939387 Longitude:_79.971340 e.g, min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin 0 Existing Date operation began: Purchased in 1996 ❑ Renewal of existing No Exposure Certification Certification No.: 8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes No If yes, what is the NPDES Permit Number? 9) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code)that describes the primary industrial activity at this facility SIC Code: 2512 10) Provide a brief description of the types of industrial activities and products produced at this facility: Manufacture of upholstered furniture _ 11) Does this facility have any Non-Discharge permits (ex: recycle permits)? 0 No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: j I Page 2 of 7 I SVVU-NE-12Aug2010 I NCGNE0000 No Exposure Certification Exposure Checklists(12. - 14) 12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either"Yes" or"No.") If you answer"Yes"to any of these items,you are not eligible for the no exposure exclusion. a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes 0No residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes 0 No c. Materials or products from past industrial activity ❑ Yes ONo d. Material handling equipment(except adequately maintained vehicles) ❑ Yes 0No e. Materials or products during loading/unloading or transporting activities ❑ Yes ❑X No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes Z No use [e.g., new cars]where exposure to stormwater does not result in the discharge of pollutants) g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes 0 No and similar containers h.'Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes Z No the discharger i. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) ❑ Yes Z No j. Application or disposal of process wastewater(unless otherwise permitted) © Yes No k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes No otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow 1. Empty containers that previously contained materials that are not properly stored ❑ Yes ❑x No (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes 0 No stored outside, has the facility had any releases in the past three (3)years? 13) Above Ground Storage Tanks (ASTs): if you answer"No"to any of the following items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes ❑ No N/A deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No 0 N/A cracks, Boles, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification 14) Secondary Containment: If you answer"No"to any of the following items, you are not eligible for the no exposure exclusion. a. Is secondary containment provided for all single above ground storage ❑ Yes ❑ No ❑X NIA containers.(including drums, barrels, etc.)with a capacity of more than 660- gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No ZN/A in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for Title III Section 313 Superfund ❑X Yes ❑ No ❑ NIA Amendments and Reauthorization Act(SARA)water priority chemicals*? d. Is secondary containment provided for hazardous substances"designated in 40 ❑x Yes ❑ No ❑ NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ❑x NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes 0 No b. Is this facility a Small Quantity Generator(less than 1000 kg. of hazardous waste 0 Yes ❑ No generated per month)of hazardous waste? c. Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste ❑ Yes x❑ No generated per month)of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste:_••,,,, Finishing rags, waste finishing materials How is material stored: Sealed drums stored under cover Where is material stored: Rear of building under covered area How many disposal shipments per year: 3 shipments/total of six(6) 55-gallon drums Name of transport/disposal vendor: North State Vendor address: 917 Beaverdam Doad, Canton, NC 28716 Footnotes to Questions 14) c. &d. *Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR §372.38, "Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR §117.3. Page 4 of 7 5WU-NE-12Aug2010 NCGNEQ000 No Exposure Certification 16) Other information: If you answer"Yes" to any of the following items,you might not be eligible for the . no exposure exclusion. A more in-depth evaluation of the site circumstances may be required. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes 0 No b. Does your facility have coal piles on site? ❑ Yes 0 No c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes 0 No sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., Yes ❑ No degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: Spray inishing booths e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? x❑ Yes ❑ No ❑ NIA Please specify: NC Air Permit No. 08857 f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: SQG ID# NCCESQG Program: Hazardous waste Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: I Page 5 of 7 5WU-NE-12Aug2010 NCGNE0000 No Exposure Certification 17) Certification: I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an exclusion from NPDES stormwater permitting. I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document(except as allowed under 40 CFR 122.26(g)(2)). understand that I am obligated to annually self re-certify No Exposure and, if requested, submit the re-certification to DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges(where applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the discharge is into the local MS4,to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility.Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 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: Tom O'Connell Title: Vice President of Finance (Signature of Applicant) (Date Signed) Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval. The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. North Carolina General Statute 143-215.6 B(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 [Environmental Management)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). There is currently no fee for a No Exposure Exclusion. Page 6 of 7 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification Final Checklist This application should include the following items: This completed application and all supporting documentation. ❑x A map with the location of the facility clearly marked. 0 If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of a No Exposure Exclusion. For questions,please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 S01 Fayetteville Office ... (910)433-3300 Mooresville Office ... (704)663-1699 `� Raleigh Office ........ (919) 791-4200 '°` r f ;s "''41 1s �, Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 ;�"•', . Central Office .........(919) 807-6300 n9ton Page 7 of 7 SWU-NE-12Aug2010 Ar ' MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary June 24, 2013 Mr. Tom O'Connell, VP Finance Jessica Charles, LLC P.O. Box 3444 Hickory, NC 28603 Subject: No-Exposure Certification NCGNE0951 Jessica Charles, LLC. 535 Townsend Avenue, High Point, NC Guilford County Dear Mr. O'Connell: The Division has reviewed your submittal of the No-Exposure Certification form requesting Exclusion from NPDES stormwater Permitting for the Jessica Charles, LLC facility located at 535 Townsend Drive in High Point. Based on submittal of the signed certification and the site visit conducted by Mike Mickey on June 21, 2013, the Division is granting the conditional exclusion from permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of the no-exposure certification, Jessica Charles, LLC is obligated to maintain no-exposure conditions at this facility. if conditions change such that the facility can no longer qualify for the no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for any stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Jessica Charles, LLC must re-certify the no-exposure status annually using the attached form. Any "Yes" answer would require that you obtain NPDES permit coverage for stormwater discharges from the facility. The annual self re-certification does not need to be submitted to DWQ unless requested. Please note that this conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Mike Mickey at(336) 771-5000. Sincerely, for Thomas A. Reeder cc: Winston-Salem Regional Office Stormwater Permitting Unit, No-Exposure Files Central Files Wetlands and Stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 NorthCarolina Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Nahma`ly Phone:919-8.807-63001 FAX:919$07-64941 Customer Service:l-877�23-6748 Internet:www.ncwaterquality.org An Equal opportunity l Affirmative Action Employer Jessica cha rles May 28, 2013 Mr. Ken Pickle Stormwater Permitting Unit Division of Water Quality 1617 Mail Service center Raleigh, North Carolina 27699-1617 Subject: Jessica Charles, LLC-Request for No Exposure Certification Dear Mr. Pickle: Please find attached the completed Form NCGNE0000 request for No Exposure Certification for the Jessica Charles, LLC facility. The Jessica Charles LLC, which is located at 535 Townsend Avenue in High Point, North Carolina, manufactures upholstered furniture. 'If you have any questions, please call me at (828) 495-8235 or Jim Laughlin of RTP Environmental Associates, Inc. at (704) 996-1510. Very truly yours, Jessica Charles, LLC Tom O'Connell Vice President Finance Enclosures 535 Townsend Avenue High Point NC 27261 Phone: 336-434-2124 Fax: 336-434-4197 www.jessicacharies.com "tVt:ivf_o N.C.Dept.of ENR ' .IUN 1 8 2013 Uv 1�5�on -sa�ein� FOR AGENCY USE ONLY �r t Y Dale Received Division of Water Quality / Surface Wa &>+SRrotection Year Mon,h nay egional Office d L .GPMTMENT 1N�`®ENR National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion CcrlificalcofCov.Qgc l� N C N E NaaTM CMOIINI,. OF ENV✓ o—ENT—o NauR.L REs RCe NCGNE0000 NO EXPOSURE CERTIFICATION National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certification constitutes notification that your facility does not require a permit for stormwater discharges associated with industrial activity in the State of North Carolina because it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all industrial materials and activities are protected by a storm resistant shelter(with some exceptions) to prevent exposure to rain, snow, snowmelt, and/or runoff. For permitted facilities in North Carolina, DWQ must approve your application for No Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must continue to abide by the terms and conditions of the current permit. Industrial materials or activities include, but are not limited to: material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed"means banded or otherwise secured and with locked or non-operational taps or valves; adequately maintained vehicles used in material handling; and final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility-wide basis only—not for individual outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). You are required to self re-certify your No Exposure Exclusion annually. For questions, please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of ownerloperator(address to which all certification correspondence will be mailed): Name: Jessica Charles L.I.0 Contact: Tom O'Connell Vice President of Finance Street Address: P.O. Box 3444 11.V LP I Aq,jrd] City: i Telephone No.: 828 495-8235 Fax: 828 495-3021 j Email: tom@hancockandmoore.com 1 2013 lY - vVP,rW UAIITy "anda d Bran ch Page 1 of 7 SWU-NE-12Au92010 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name: Jessica Charles, LLC Facility Contact: Kermit Pierce, Vice President Manufacturing Facility Street Address: 535 Townsend Avenue City:_ High Point State: NC ZIP Code: 27264 County: Guilford ^ Telephone No.: (336)434-2124 Qy. &U- - Fax: (336) 434-4197 Email: maria(cjessicacharles.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). 1-85113usiness North, right on Brentwood left on Townsend Avenue. Plant is on the left. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes ❑x No 5) Is this a Federal facility? 13 Yes 0 No 6) Latitude : 35.939387 Longitude:-79.971340 e.g.. min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin R Existing Date operation began: Purchased in 1996 ❑ Renewal of existing No Exposure Certification Certification No.: 8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes 0 No If yes, what is the NPDES Permit Number? 9) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 2512 10) Provide a brief description of the types of industrial activities and products produced at this facility: Manufacture of upholstered furniture 11) Does this facility have any Non-Discharge permits (ex: recycle permits)? 0 No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: Page 2 of 7 SWU-NE-12Aug2010 NCGNEOOOO No Exposure Certification Exposure Checklists(12. - 14.) 12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either"Yes" or"No.") If you answer"Yes" to any of these items, you are not eligible for the no exposure exclusion. a. Using, storing, or cleaning industrial machinery or equipment, and areas where 1:1 Yes ED% residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes 0 No c. Materials or products from past industrial activity ❑ Yes NNo d. Material handling equipment(except adequately maintained vehicles) ❑ Yes ONo e. Materials or products during loading/unloading or transporting activities ❑ Yes x❑ No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes No use [e.g., new cars] where exposure to stormwater does not result in the discharge of pollutants) g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes No the discharger i. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) ❑ Yes ❑x No j. Application or disposal of process wastewater(unless otherwise permitted) ❑ Yes 0 No k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not 0 Yes x❑ No otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow I. Empty containers that previously contained materials that are not properly stored ❑ Yes ❑x No (Le., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes No stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Tanks (ASTs): If you answer"No"to any of the following items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes ❑ No ❑x NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? if so, is it free of any ❑ Yes © No x❑ N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification 14) Secondary Containment: If you answer"No"to any of the following items, you are not eligible for the no exposure exclusion. a. Is secondary containment provided for all single above ground storage 0 Yes ❑ No ❑X NIA containers (including drums, barrels, etc.)with a capacity of more than 660- gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No ❑X NIA in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for Title III Section 313 Superfund ❑X Yes ❑ No ❑ NIA Amendments and Reauthorization Act (SARA) water priority chemicals*? d. Is secondary containment provided for hazardous substances**designated in 40 ❑X Yes ❑ No ❑ NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No 0 NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes ❑X No b. Is this facility a Small Quantity Generator(less than 1000 kg. of hazardous waste ❑X Yes ❑ No generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste ❑ Yes 0 No generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Finishing rags, waste finishing materials How is material stored: Sealed drums stored under cover Where is material stored: Rear of building under covered area How many disposal shipments per year: 3 shipments/total of six (6) 55-gallon drums Name of transport I disposal vendor: North State Vendor address: 917 Beaverdam Doad, Canton, NC 28716 Footnotes to Questions 14) c. &d. *Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR §372.38. *"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR §117.3. Page 4 of 7 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification 16) Other information: If you answer"Yes" to any of the following items, you might not be eligible for the no exposure exclusion. A more in-depth evaluation of the site circumstances may be required. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes x❑ No b. Does your facility have coal piles on site? ❑ Yes No c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ❑x No sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑x Yes ❑ No degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: ^Spray finishing booths e. if you answered yes to d., are those emissions permitted by an Air Quality Permit? Z Yes ❑ No ❑ NIA Please specify: NC Air Permit No. 08857 f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: SQG ID# NCCESQG Program: Hazardous waste Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Page 5 of 7 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification 17) Certification: I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an exclusion from NPDES stormwater permitting. I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document(except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to annually self re-certify No Exposure and, if requested, submit the re-certification to DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges(where applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility.Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 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: Tom O'Connell Title: Vice President of Finance (Signature of Applicant) (Date Signed) Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval. The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. North Carolina General Statute 143-215.6 B(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 [Environmental Management]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). There is currently no fee for a No Exposure Exclusion. Page 6 of 7 SWU-NE-12Aug2010 NCGNEOOOO No Exposure Certification Final Checklist This application should include the following items: ❑x This completed application and all supporting documentation. ❑x A map with the location of the facility clearly marked. ❑ If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of a No Exposure Exclusion. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: 4 Asheville Office ...... (828) 296-4500 in ton aIe Fayetteville Office ... (910) 433-3300 at el' Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 F ctt Willa Winston-Salem ...... 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