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HomeMy WebLinkAbout6033_OrbitEnergy_stormwater_20160404PAT MCCRORY DONALD R. VAN DER VAART St'C.IL'l(II', Energy. Mineral and land Resources ENVIRONMENTAL OUALITV TRACY DAVIS Efim Monsov Orbit Energy Charlotte LLC 30 I McCullough Drive, 4t1i Floor Charlotte, NC 28262 Dear Mr. Monsov: December 11 , 2015 Subject: No Exposure Exclusion NCGNE1102 Orbit Energy Charlotte LLC 600 Johnson Road, Charlotte, NC 28202 Mecklenburg County The Division has reviewed your November 30, 2015, No Exposure Certification requesting exclusion from NPDES storm water permitting at the subject facility. Based on your signed certification of no exposure the Division is granting 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 your No Exposure Certification, Orbit Energy Charlotte LLC is obligated to maintain no exposure conditions at this facility. If conditions change such that the facility no longer qualifies 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 unpermitted discharge. By copy of this letter I am requesting that our Mooresville Regional Office schedule an inspection of your site to corroborate your certification of no exposure conditions. Orbit Energy Charlotte LLC must recertify the no exposure status annually using the included form. Any "yes'' answer on the form would typically require that you obtain NPDES permit coverage for storm water · discharge from the facility. Unless specifically requested by the Division, you are not required to submit the annual self-recertification form, but you must keep each annual completed form on site. 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 Zahid Khan, DEMLR Regional Engineer in the Mooresville Regional Office at (704) 663-1699, or me at(919) 807-6376. Sincerely, A,;~ Ken Pickle Stormwater Permitting Specialist DEMLR Stormwater Permitting Program Cc: Stonnwater Permitting Program, No Exposure Files DEMLR MRO Regional Engineer, Zahid Khan State of North Cmolina I Environmental Quality I Energy, Mineral and Land Resources 1612Mail Service Center I S12North Salisbu,yStrcct ! Ralcigb,NC27699-1612 919 707 9200 T -~-.---.. ~-.;..,::-.. . ---------·