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HomeMy WebLinkAboutNCGNE0694_COMPLETE FILE - HISTORICAL_20100809STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE 0(�9v DOC TYPE ❑HISTORICAL FILE DOC DATE ❑ � U YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Cuality Beverly Paves Perdue Coleeri H. Sullins Governor Director August 5, 2010 Mr. Doug McNeil Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 Subject: No -Exposure Certification NCGNE0694 Charlotte Bulk Terminal 2820 Nevada Blvd., Charlotte, NC 28273 Mecklenburg County Dear Mr. McNeil: Dee Freeman Secretary The Division has reviewed your submittal of the No -Exposure Certification form for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, and the site visit of July 15, 2010, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a 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. Your conditional no - exposure exclusion expires in five years (August 5, 2015). At that time you must re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting does not affect your faciiity'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 Lon Snider at (704) 663-1699, or at lon.snider c7ncdenr.gov. Sincerely, for Coleen N. Sullins cc Stormwater Permitting Unit No- Exposure Files (Cory Larsen) Mecklenburg and City of Charlotte (if appropriate) Mooresville Regional Office Location: 510 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 56M0401 Customer Service: 1-877-623.6748 Inlemet: www,nmaterquallty.org AUK 9 2010 I Noi thCai-olina AjaDivision of Water Quality 1 Surface Water Protection NCDENR National Pollutant Discharge Elimination System Noun, ono... ��-or NO EXPOSURE CERTIFICATION for Exclusion ��M� �o N�.� AeS�CEs NCGNE0000 FOR AGENCY USE ONLY Date Received Year+� Month Day Certificatc of coverage NICIGIN NO EXPOSURE CERTIFICATION Please check here if this is a renewal: ❑ RENEWAL 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 quallfres 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 g Exposure Certification and your NPDES permit is rescinded, your facility must conti Dj to abide by the terms and conditions of the current permit. aV n Industrial materials or activities include, but are not limited to: material handling equipment or activit - industrial machinery, raw materials, intermediate products, by-products, final products, or waste product 1 cs Material handling activities include the storage, loading and unloading, transportation, or conveyance[ , f any raw material, intermediate product, final product or waste product A storm resistant shelter is n5& Pr o Q required for the following industrial materials and activities: drums, barrels, tanks, and similar contarne ft— --- 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 reapply for the No Exposure Exclusion once every five (5) years. 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 Contact Street Address City Telephone No. SWU-NNE-021309 Norfolk Southern Railway Company Doug McNeil Three Commercial Place MAY 11 2010 y Norfolk State VA ZIP Code 23510 = 757 823-5421 Fax: 75' 823-5425 Page 1 of 7 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Norfolk Southern Railway Charlotte Bulk Terminal Facility Contact Donald Self Street Address 2820 Nevada Blvd City Charlotte State NC County Mecklenburg County Telephone No. 757 823-5439 / Local Mgr 704 587-9300 3) Physical location information: ZIP Code 28273 Fax: 757 823-5425 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). From 1-77, take exit 1 towards Westinghouse Blvd. Turn Rt on Westinghouse, in .7 miles trun left on Cordage St, in .5 miles turn left on Nevada, facility is .2 miles on left — 2820 Nevada Blvd. (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 ® No 5) Is this a Federal facility? ❑ Yes ® No 6) Latitude W 80 des 56.295' Longitude N35 deg 06.767' seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility ® Existing began. Date operation is to begin (deg., min., Date operation began August 1, 2009 Norfolk Southern operation ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 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: 40_ Railroad Transportation 10) Provide a brief description of the types of industrial activities and products produced at this facility: Transportation services; tank wash within covered building, no exposure to storm water or precipitation. _ 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SWU-NE-021309 Last revised 2/13/2009 N`CGNE0000 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 N No. ❑ NIA 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 N No ❑ NIA c. Materials or products from past industrial activity ❑ Yes N No ❑ NIA d. Material handling equipment (except adequately maintained vehicles) ❑ Yes N No ❑ NIA e. Materials or products during loading/unloading or transporting activities ❑ Yes N No ❑ NIA f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No ❑ NIA 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 N No ❑ NIA and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes ® No ❑ NIA the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes N No ❑ NIA ]. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No ❑ NIA k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes N No ❑ NIA 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 N No ❑ NIA (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 N No ❑ NIA 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 or piping free of rust, damaged or weathered coating, pits, or ❑ Yes El No N NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No N NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. Page 3 of 7 SWU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification a. Is secondary containment provided for single above ground storage containers ❑ Yes ❑ No ® NIA (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 ® 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 ❑ Yes ❑ No ® NIA Amendments and Reauthorization Act (SARA) water priority, chemicals*? d. Is secondary containment provided for hazardous substances** designated in 40 ❑ Yes ❑ No ® NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes-❑ No ® NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes ® No ❑ NIA b. Is this facility a Small Quantity Generator (less than 1000 kg. of.hazardous waste ❑ Yes ® No ❑ NIA generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste ❑ Yes ® No ❑ NIA generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 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. 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. Page 4 of 7 5WU-NE-021309 Last revised 2/13/2009 N6GNE0000 No Exposure Certification a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ® No ❑ NIA b. Does your facility have coal piles on site? ❑ Yes ® No ❑ NIA c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ® No ❑ NIA sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes ® No ❑ NIA degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? ❑ Yes 0 No ® NIA Please specify: f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit:. Program: Permit: Program: Permit: Program: Page 5 of 7 SWU-NE-021309 Last revised 2/13/2009 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 submit a no exposure certification form once every five (5) years to the North Carolina Division of Water Quality and, if requested, to 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: Doug McNeil Title: Director, Distribution Services Al / f r (Signs re of Applicant) 3 J'e-io (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-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification Final Checklist This application should include the following Items: ❑ This completed application and all supporting documentation. • A map with the location of the facility clearly marked. ❑ If this is a renewal, indicated current NCGNE number in Question 7. ❑ 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. DW9 Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ 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C,•` �• ^�� $4 ,4 t pl • w r �fi� ..�� �•� �`� *+ p�`� -�,• � iy� i + -f ��+I� � M.�' ri r r r ! � GOogl— •,,,.� 5 �, Image Kucera Intl,/PNecklen6urg ;w ` 2029 it �r� ; r 'l ` ' fC� +.y -�innQA"�u[rr - enncei5'nv�in,Lr Ri 5,a,L _...r"."� � .+. 7t "..:: _, � .Y.'i'ti9"Si:CU �/ 1..-W�' ..l�.r. icl�n-'.. :'t - a•I '. � t. � *�. _+,1, s�.'"J, ..Ye.\ Stormwater Permitting Unit North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center 10 Raleigh, North Carolina 27699-1617 Zu vVU Division of Water Quality f�-= Regional Office s Z / J r 610 East Center Avenue, Suite 301 Mooresville, NC 28115�` Re: National Pollutant Discharge Elimination System, No Exposure Certification Notice of-�7 Intent Form for Exclusion NCGNE00000; Norfolk Southern Thoroughbred Bulk Terminal Facility, Charlotte, North Carolina, 2820 Nevada Blvd, Mecklenburg County, North Carolina Dear Sir or Madam: Enclosed please find a completed No Exposure Certification Form NCGNE0000 (SWU NE-021309)("No Exposure Certification") for Norfolk Southern Railway Company's ("NSRC") Thoroughbred Bulk Terminal Facility ("Charlotte TBT"), Charlotte, North Carolina, 2820 Nevada Blvd, Mecklenburg County, North Carolina. NSRC only recently, on August 1, 2009, assumed operation of the Facility. Upon reviewing Facility operations, NSRC decided that submission of this No Exposure Certification was appropriate at this time. The No Exposure Certification is being submitted out of an abundance of caution, even though all regulated portions of this facility (e.g. equipment cleaning) are conducted within a building on -site and out of contact with storm water. Any water used in these vehicle maintenance or equipment cleaning does not commingle with storm water, but rather is discharged to the local sewer system through an authorized point. I 1 As the Department of Water Quality ("DWQ") is aware, for transportation facilities within SIC code 40 (Rail Transportation) which includes the TBT, the need for authorization of discharge pursuant to the Clean Water Act and a Certificate of coverage pursuant to NCG080000 and 15A NCAC 02H .0126 relates only to those portions of the facility that are either involved in vehicle maintenance or equipment cleaning, or are otherwise identified under paragraphs (b)(14) (i){vii) or (ix) —(xi) are associated with industrial activity. 40 C.F.R. § 122.26(b)(14); 15A NCAC 02H.0126 Stormwater Discharges ("Permits for stormwater discharges to surface waters shall be issued in accordance with United States Environmental Protection Agency regulations 40 CFR 122.21 and 122.26 which are hereby incorporated by reference including any subsequent amendments." See also General Permit NCG080000. We appreciate your time and assistance in reviewing the enclosed No Exposure Certification. Please contact me at 757-823-5439 if you require further information. Sincerely, 0 Doug McNeil Cc: A. Gayle Jordan, Esq., NSRC Gil Turner, NSRC Donald Self, NSRC North Carolina Beverly Eaves Perdue Governor CjA HC®ENR Department of Environment and Division of Water Quality Coleen H. Sullins Director August 5, 2010 Mr. Doug McNeil Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 Natural Resources Subject: No -Exposure Certification NCGNE0694 Charlotte Bulk Terminal '2820 Nevada Blvd., Charlotte, NC 28273 Mecklenburg County Dear Mr. McNeil: Dee Freeman Secretary The Division has reviewed your submittal of the No -Exposure Certification form for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, and the site visit of July 15, 2010, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a 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. Your conditional no - exposure exclusion expires in five years (August 5, 2015). At that time you must re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting does not affect your facikty'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 Lon Snider at (704) 663-1699, or at lon.snider@ncdenr.gov. Sincerely, r for Coleen H. Sullins cc: Stormwater Permitting Unit No- Exposure Files (Cory Larsen) Mecklenburg and City of Charlotte (if appropriate) ivtooresville Regional Office Location: 610 East Center Ave., Suite 301 blooesville, NO 28115 Noi th Carolina Phone: (704) 653-16991; ax: (704) 663-6040 l Customer Service: 1-877-023-6748 Internet: www.ncwaterquality.org Xatutall y NC®ENR aa,.. C OUNA oe.N 'E. a. ENvie M. u0 NOW PESO CCS Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion NCGNE0000 NO EXPOSURE CERTIFICATION FORAGENCYUSE ONLY . Date Received Year Month Day Certificate of Coverage Please check here if this is a renewal: ❑ RENEWAL 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���B Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must contin.4 to abide by the terms and conditions of the current permit. P Industrial materials or activities include, but are not limited to: material handling equipment or activiti$ industrial machinery, raw materials, intermediate products, by-products, final products, or waste product. ca Material handling activities include the storage, loading and unloading, transportation, or conveyance?q any raw material, intermediate product final product or waste product. A storm resistant shelter is not F; Es required for the following industrial materials and activities: drums, barrels, tanks, and similar contaiiieFS-•----- {j 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 reapply for the No Exposure Exclusion once every five (5) years. 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 Norfolk Southern Railway Company Contact Doug McNeil Street Address Three Commercial Place City Norfolk Telephone No. 757 823-5421 Page 1 of 7 SWU-NE-021309 MAY 11 2010 State VA _ ZIP Code 23510 Fax:757 823-5425 Last revised 2/13/2009 FU i'' 1 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Norfolk Southern Railway Charlotte Bulk Terminal Facility Contact Donald Self Street Address 2820 Nevada Blvd City Charlotte State NC ZIP Code 28273 County Mecklenburg County Telephone No. 757 823-5439 / Local Mgr 704 587-9300 Fax: 757 823-5425 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). From 1-77, take exit 1 towards Westinghouse Blvd. Turn Rt on Westinghouse, in .7 miles trun left on Cordage St, in .5 miles turn left on Nevada, facility is .2 miles on left — 2820 Nevada Blvd. (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 ® No 5) Is this a Federal facility? ❑ Yes ® No 6) Latitude W 80 deg 56.295' Longitude N35 deg 06.767' (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility ® Existing began. Date operation is to begin Date operation began August 1, 2009 Norfolk Southern operation ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 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: 40� Railroad Transportation 10) Provide a brief description of the types of industrial activities and products produced at this facility: Transportation services; tank wash within covered building, no exposure to storm water or precipitation. _ 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SWU-NE-021309 last revised 2/1312009 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 ® No. ❑ NIA 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 ® No ❑ NIA c. Materials or products from past industrial activity ❑ Yes ® No ❑ NIA d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No ❑ NIA e. Materials or products during loadinglunloading or transporting activities ❑ Yes ® No ❑ NIA f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No ❑ N/A 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 ❑ NIA and similar containers h. Materials or products handled/stored on roads or railways.owned or maintained by ❑ Yes ® No ❑ NIA the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ® No ❑ NIA j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No ❑ NIA- k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes ® No ❑ NIA 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 ® No ❑ NIA (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 ® No ❑ NIA . 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 or piping free of rust, damaged or weathered coating, pits, or ❑ Yes ❑ No ® NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? if so, is it free of any ❑ Yes ❑ No ® NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. Page 3 of 7 5WU-NE-021309 Last revised 2/13/2009 N6GNE0000 No Exposure Certification a. Is secondary containment provided for single above ground storage containers ❑ Yes ❑ No ® NIA (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 0 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 ❑ Yes ❑ No ® NIA Amendments and Reauthorization Act (SARA) water priority chemicals*? d. Is secondary containment provided -for hazardous substances" -designated in 40 ❑ Yes ❑ No ® N/A CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ® NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes ® No ❑ NIA b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes ® No ❑ NIA generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste ❑ Yes ® No ❑ NIA generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 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 §117.1 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. Page 4 of 7 SWU-NE-021309 Last revised 2I3312009 A NCGNE0000 No Exposure Certification a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? b. Does your facility have coal piles on site? c. Does your facility store other fuel sources outside in piles, such as wood chips, sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? Please specify: f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: Program: Permit: Program: Permit: Program: Permit: Program: Perm it:. Program: Permit: Program: Permit: Program: ❑ Yes ®No❑N/A ❑ Yes ZNo❑N/A ❑ Yes ®No❑N/A ❑ Yes ® No ❑ NIA ❑ Yes Q No N NIA SWU-NE-021309 Page 5 of 7 Last revised 2/13/2009 NCGNEO000 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 submit a no exposure certification form once every five (5) years to the North Carolina Division of Water Quality and, if requested, to the operator of the local municipalseparate 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: Doug McNeil 'title: _Director, Distribution (&gnajrfre 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 rutemaking 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-021309 Last revised 2/13/2009 11 NCGNE0000 No Exposure Certification Final Checklist This application should include the following items: ❑ This completed application and all supporting documentation. • A map with the location of the facility clearly marked. 0 If this is a renewal, indicated current NCGNE number in Question 7. ❑ 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 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 7 of 7 SWU-NE-021309 Last revised 2/13/2009 Stormwater Permitting Unit North Carolina Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center 4`m Raleigh, North Carolina 27699-1617 Division of Water Quality Regional Office, `' r 610 East Center Avenue, Suite 301./` Mooresville, NC 28115Y�-: J; Re: National Pollutant Discharge Elimination System, No Exposure Certification Notice Intent Form for Exclusion NCGNE00000; Norfolk Southern Thoroughbred Bulk Terminal Facility, Charlotte, North Carolina, 2820 Nevada Blvd, Mecklenburg County, North Carolina Dear Sir or Madam: Enclosed please find a completed No Exposure Certification Form NCGNE0000 (SWU NE-021309)("No Exposure Certification") for Norfolk Southern Railway Company's ("NSRC") Thoroughbred Bulk Terminal Facility ("Charlotte TBT"), Charlotte, North Carolina, 2820 Nevada Blvd, Mecklenburg County, North Carolina. NSRC only recently, on August 1, 2009, assumed operation of the Facility. Upon reviewing Facility operations, NSRC decided that submission of this No Exposure Certification was appropriate at this time. The No Exposure Certification is being submitted out of an abundance of caution, even though all regulated portions of this facility (e.g. equipment cleaning) are conducted within a building on -site and out of contact with storm water. Any water used in these vehicle maintenance or equipment cleaning does not commingle with storm water, but rather is discharged to the Iocal sewer system through an authorized point.° As the Department of Water Quality ("DWQ") is aware, for transportation facilities within SIC code 40 (Rail Transportation) which includes the TBT, the need for authorization of discharge pursuant to the Clean Water Act and a Certificate of coverage pursuant to NCGO80000 and 15A NCAC 02H .0126 relates only to those portions of the facility that are either involved in vehicle maintenance or equipment cleaning, or are otherwise identified under paragraphs (b)(14) (i)-(vii) or (ix) —(xi) are associated with industrial activity. 40 C.F.R. § 122.26(b)(14); 15A NCAC 02H.0126 Stormwater Discharges ("Permits for stormwater discharges to surface waters shall be issued in accordance with United States Environmental Protection Agency regulations 40 CFR 122.21 and 122.26 which are hereby incorporated by reference including any subsequent amendments." See also General Permit NCG080000. We appreciate your time and assistance in reviewing the enclosed No Exposure Certification. Please contact me at 757-823-5439 if you require further information. Sincerely, Doug McNeil Cc: A. Gayle Jordan, Esq., NSRC--- Gil Turner, NSRC Donald Self, NSRC