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NCGNE0855_COMPLETE FILE - HISTORICAL_20121211
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE El HISTORICAL FILE DOC DATE ❑ aOla I @ I I YYYYMMDD STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE ❑ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ YYYYM M D D PURDUE December 11, 2012 SW General Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Purdue Pharmaceuticals L.P 4701 Purdue Drive Wilson, NC 27893 www. purd uepharma. com Subject: Stormwater Permit Rescission Request for Purdue Pharmaceuticals L.P. (General Permit # NCG060000, Certificate of Coverage # NCG060239) David Parnell conducted a site visit and we received approval from the Stormwater Division on ,tune 22, 2012 that our submittal of the No -Exposure Certification was approved. The approval letter and David Parnell's inspection report are attached for your review. The No -Exposure Certification number that was issued is NCGNE0856. We completed the attached Permit Rescission Request Form and herby request that we no longer be covered by the General Stormwater Permit NCG060000 Certificate of Coverage NCG060239. As shown in the Permit Rescission Request Form, the facility/permit contact has changed from Susan Kennedy to Melanie Proctor. Please reflect this change in your records. If you have any questions or need additional information, please contact me at (252) 265-1680 or at melanie.proctor@pharma.com. pharma.com. Sincerely, �p Melanie Proctor Senior Manager, EHS Purdue Pharmaceuticals L.P. k\� NCDENR North Natulai Resources Division of Wafer Quality - Beverly Eaves Perdue Charles Walkild, P.E. Governor Director Mr. Michael Madey, VP of Operations/Owner Badger Color Concentrates, Inc. 1007 Fox Street Mukwonago, Wisconsin 53149 Dear Mr. Madey: December 4, 2012 RECMI V M� DEC 112012 CENTRAL FILES DWCVBOG Dee Freeman Subject.- No -Exposure Certification NCGNE0855 Badger Color Concentrates, Inc. 116 Battleground Road, Kings Mountain, NC 28086 Cleveland County 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 November 28, 2012, by staff from this office, the Division is granting your 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, 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. You must self re -certify your No -Exposure status annually using the included form or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re -certification does not need to be submitted to DWO unless requested. Your 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 Marcia Allocco at (704) 235-2204, or at marcia.alloccoCo7ncdenr.gov. Sincerely, for Charles Wakild, P.E. cc: Stormwater Permitting Unit No- Exposure Files Michael Wernstein, Badger Color Concentrates, Inc. Kings Mtn Mooresville Regional Office One Locafion:610 East Center Ave., Suite301 Mooresville, NC 28115 NorthCarolina Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 ��t,r��`� Internet: wwt!Z w.ncwaterquality.org ` An Equal Opportunity 1 Mmative Action Employer— 30% Recycled110% Post Consumer paper I Compliance Inspection Report 'Permit: NCG�fE0855 Effective: Expiration: -Owner: Badger ColorConcentrateslnc SOC: Effective: Expiration: Facility: Badger Color Concentrates Inc County: Cleveland 116 Battleground Rd Region: Mooresville Kings Mtn NC 28086 Contact Person: Michael Madey Title: Phone: 262-363-5710 Directions to Facility: Hwy 1-85 - exit 2 (Kings Mtn Military Park) - proceed north on Battleground Rd - Co is the first company on the left System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 11/28/2012 Entry Time: 10:05 AM Exit Time: 11:20 AM Primary Inspector: Marcia Allocco' Phone: 704-663-1699 Ext.2204 Secondary Inspector(s): Donna Hood Phone: 704-663-1699 Ext.2193 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: 5tormwater Discharge, No Exposure Certificate Facility Status: ® Compliant fl Not Compliant Question Areas: ■ Miscellaneous Questions (See attachment summary) a Page: 1 Permit: NCGNED855 Owner -Facility: Badger Color Concentrates Inc Inspection Type "Con)-iiance Evaluation Routine Inspection Summary: The facility was visited through a new No -Exposure Certification request. The request was originally received by the Division at the end of May 2012 but a site visit was not completed until the facility started production in November 2012. The site runoff is sheet flow to a grassed swale along the northwestern boundary or is directed to Battleground Road. In each case stormwater would flow to unnamed tributaries (headwaters) of Ponders Creek (verified on USGS Grover Quadrangle). The following sources of stormwater exposure were noted during the inspection: • Two dumpsters (trash and scrap metal) were located near the shipping/receiving area of the building. These are temporary as the facility prepares for full-scale operation. They will be replaced with a self-contained trash compactor. Please ensure there is no discharge from the dumpster once operational; otherwise this would be considered exposure and stormwater permit coverage would be needed. • Please ensure that the areas noted where particulate matter/plastic pellets would be collected (near raw -product silos and the Donaldson Torits) do not contribute to stormwater contamination; otherwise this would be considered exposure and stormwater permit coverage would be needed. • Site personnel noted that all liquid materials (mineral/vegetable oil for liquid pigments) would be managed/handled indoors including transfers to waste oil recycler. If any processes with liquid materials are conducted outdoors this would be considered exposure and stormwater permit coverage would be needed. Therefore as per the current conditions at the site, staff agrees with the No -Exposure determination by the permittee. Page: 2 l &J*A NC®ENR F�LE North'Carolina Department of Environment and Natura!-Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 4, 2012 Mr. Michael Madey, VP of Operations/Owner Badger Color Concentrates, Inc. 1007 Fox Street Mukwonago, Wisconsin 53149 Subject: No -Exposure Certification NCGNE0855 Badger Color Concentrates, Inc. 116 Battleground Road, Kings Mountain, NC 28086 Cleveland County Dear Mr. Madey: 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 November 28, 2012, by staff from this office, the Division is granting your 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, 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. You must self re -certify your No -Exposure status annually using the included form or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re -certification does not need to be submitted to DWQ unless requested. Your 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 Marcia Allocco at (704) 235-2204, or at marcia.allocco(a7ncdenr.gov. Sincerely, for Charles Wakild, P.E. cc: Stormwater Permitting Unit No- Exposure Files Michael Wernstein, Badger Color Concentrates, Inc. Kings Mtn Mooresville Regional Office One Location: 610 East Center Ave., Suite 301 Mooresvilie, NC 28115 NorthCarolina Phone: (704) 663-16991 Fax: (704) 663-6040 4 Customer Service: 1-877-623-6748 ��turR�� Internet: www ncwaterquarrty.org �l An Equai Opportunity %Affirmative Action Employer— 30% Recycled1101.1. Post Consumer paper f Permit: NCCNEb855 . r Effective: SOC: Effective: County: Cleveland Region: Mooresville Compliance Inspection Report Expiration: Owner -Badger Color Concentrates Inc v Expiration: Facility: Badger Color Concentrates Inc 116 Battleground Rd Kings Mtn NC 28086 Contact Person: Michael Madey Title: Phone: 262-363-5710 Directions to Facility: Hwy 1-85 - exit 2 (Kings Mtn Military Park) - proceed north on Battleground Rd - Co is the first company on the left System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 11/28/2012 EntryTime: 10:05 AM Exit Time: 11:20 AM 7 Primary Inspector: Marcia Allocco ' Phone: 704-663-1699 Ext.2204 Secondary Inspector(s): Donna Hood _ Phone: 704-663-1699 Ext.2193 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge; No Exposure Certificate Facility Status: ® Compliant ❑ Not Compliant Question Areas: O Miscellaneous Questions (See attachment summary) Page: 1 Permit: NCGNE0855 Owner - Facility: Badger Color Concentrates Inc l,-.spaciion Date: 11/28/2012 -inspection Type: Compliance Evaluation _ Reason for Visit: Routine Inspection Summary: The facility was visited through a new No -Exposure Certification request. The request was originally received by the Division at the end of May 2012 but a site visit was not completed until the facility started production in November 2012. The site runoff is sheet flow to a grassed swale along the northwestem boundary or is directed to Battleground Road. In each case stormwater would flow to unnamed tributaries (headwaters) of Ponders Creek (verified on USGS Grover Quadrangle). The following sources of stormwater exposure were noted during the inspection: • Two dumpsters (trash and scrap metal) were located near the-shipping/receiving area of the building. These are temporary as the facility prepares for full-scale operation. They will be replaced with a self-contained trash compactor. Please ensure there is no discharge from the dumpster once operational; otherwise this would be considered exposure and stormwater permit coverage would be needed. • Please ensure that the areas noted where particulate matter/plastic pellets would be collected (near raw -product silos and the Donaldson Torits) do not contribute to stormwater contamination; otherwise this would be considered exposure and stormwater permit coverage would be needed. • Site personnel noted that all liquid materials (mineral/vegetable oil for liquid pigments) would be managed/handled indoors including transfers to waste oil recycler. If any processes with liquid materials are conducted outdoors this would be considered exposure and stormwater permit coverage would be needed. Therefore as per the current conditions -at the site, staff agrees with the No -Exposure determination by the permittee. Page: 2 T' Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System >k„C,o0.0 . � NO EXPOSURE CERTIFICATION for Exclusion FN,r=4MFw AK, HRU".%7dJRCFn NCGNE0000 FOR AGENCY USE ONLY Date Received Year Month Da Certificate of Covera e RECEIVED DIVISION OF: WATER QUALITY MAY 3 0 2012 NO EXPOSURE CERTIFICATION ACTION National Pollutant Discharge Elimination System application for exclusion from ta(Starmwater.-P_ermit"basedCE 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 re uired to self re-certft vour No Exl2osure Exclusion annually. For questions, please contact the DWO Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed); Name e. or c s Contact Im I C ( ad � , P f, r Street Address O City , Kw p t1 Cr. State ZIP Code �� Telephone No. Fax: r Email 0. o , C.D t`r` _ Paget of 7 my}� z� 12 DENR - ? QUALITY SWU-NE-12Au92010 Watlend, �, $�Orn n#__ 0__ I . _ 1 � 1 .. , ! • � ♦ � s : ' _ is � ' I • I . • �.. I` •i. l�. ,• •l �•� _'.1� � tt . .. i .1 1 � .. ! I: I'1' - i. .11 • t _ 1i1 1 1. i i 1• ! NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name t Facility Contact M m 1 TAcA Facility Street Address 1 City l�n `, County n State MC ZIP Code er Telephone No. — a1a ,35iJ_C� _ Fax: _c a 0 - EILo 4_Jzf Email Yn�g�d�C�b2e�ercotc�r, co-�n I' �- . NC. �0.C, , d open ar 3) Physical location information: Please provide a narrative description of how to get to the facility (use street names, state road numbers and distance and direction from a roadway intersection). 4wsA.'I i.I-A I t r (A copy of a map with the facility -clearly located on it should be included with the certiiicati6d application.) 4) Is the facility located on Native American Lands? ❑ Yes )�No 5) Is this a Federal facility? ❑ Yes �Ao S) Latitude 3�.�80�00~ 35"co'�i$,y" Lo gltudeSt.416900-91''a5'a.S"(deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: New or Proposed Facility Date operation is to begin ra C . S _ dol ❑ Existing Date operation began C,,rrine,(- WO-S -► ndittn C��4i�rt�y�� it 90 Renewal of existing No Exposure Certification Certification No.: NCGNE, 0 4q CIcve-lc V4 C� ' 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 � G� SIC Code: 3 D cb 9 10) Provide a brief description of the tvnes of industrial activities and pro acts produced at this facility: �.. a ,� r n c cL i0n L - c� Y_na Ouk-9c�C. LX r C~ n-9 {� n C n1ft "V' l`S , �C�.u�S u P A,nra vet-f*n_�2 /-v ,A ( �x X %A 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? A No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SW U-NE-12Aug2010 NCGNE0000 No Exposure Certification Exposure Checklisfs (12. - 14.) 12) Are any of the following materials or activities e4pq �dt station, 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 A No 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 VNo c. Materials or products from past industrial activity ❑ Yes X No d. Material handling equipment (except adequately maintained vehicles) ❑ Yes �Mo e. Materials or products during loading/unloading or transporting activities ❑ Yes )No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes �60 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 �J'No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes NWNo the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes �(No j. Application or disposal of pro ess wastewater (unl ss otherwise per itted Cl Ye$ J�(No {� .r- th°a Qrs4 i Y�d� Ct [3 Ki �f�K2SDall .PS �re&Ori _5�� �PY S wni �1ed k. Particulate matter or vitible deposits of residuals from roof sta s an or vents not ❑ Yes No a31�aOs 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 YNo (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 stored outside, has the facility had any releases in the past three (3) years? �p 13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not J eligible for the no exposure exclusion. 6�0A� a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or tj Yes ❑ No XN/A �, deterioration, or evidence of leaks? a \116 b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No _*NIA i.' cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? qlll Page 3 of 7 S W U-NE-12Aug2010 J �. Il 1 1. t `, .. �. ., _ i t _ � � - c, ,. - � � - .' � . 1 � mot. � y C ` � ! �f �i \� -' • , � ' 'Y �,� 1 �� � Y �� i _ � N � � R i - J J _ ` _ � i .• � � .. rl - - � � V/ W - .. r _ -.. � 4 � �, �� � � � 1 _ _ _ _ � , • i ' � � �i - • _ � ��. ,, � � � 'i � • •� � 1 r .. - _ � ; _ -- r _ - _ -' _ '� ._ i .. _ ^- .. ., - � - _ _ �, _ _ _. r r' - .� - i• .. , - 61 4 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 )N/A 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 I&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 ❑ Yes ❑ No VN/A Amendments and Reauthorization Act (SARA) water Qriority chemicals*? d. Is secondary containment provided for hazardous substances" designated in 40 ❑ Yes ❑ No XN/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 M440 b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes WNo generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste ❑ Yes i Vo 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. Page 4 of 7 SW U-NE-12Aug2010 � � . 1. 1 _ ! �. y r !� .il a � • s• t �_ ! . k. _ ! .. � - -. tir , ' r - '' i , . _ � � _ � . . :� ., .n • �� _ � . ., iC ' 'L� T , S i t c. � ' NCGNE0000 No Exposure Certification 1 4 �x(�eC�e� *-� Opp (i on *0 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 )�No b. Does your facility have coal piles on site? ❑ Yes XNo c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes XNo sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes )No+(cL_),eW, degreasing operations, plating ainti and metal finishing)? UflsonTpy�+_:S o, describe the industrial activity:X Q�S`��5�'��E'C. �0(1 ��Q- P'-t�$e� mac` `{y e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? © Yes WNo ❑ 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.): N /Ps -- Permit: Program: Permit: Program: Permit: , Program: Permit: Program: Permit: Program: Permit: Program: Permit: , Program: Page 5 of 7 SWU-NE-12AU92010 - - - t . - �, 1, -• - � i , 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. 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-rertifv No Expgsure 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: Title: v k r)s hno e-fc-1 of S, uo+ � 1� (Date Signed) Please note: This applfc;Won 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 143-21 S.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 mattes 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 ($10,000). There is currently no fee for a No Exposure Exclusion. Page 6 of 7 S W U-NE-12Aug2010 i NCGNE0000 No Exposure Certification Final Checklist 0 See, c&ckoA c-o% b� f}56 TRS5E55-rr1f-,v7- ft_S- - This application should include the following items: li This completed application and all supporting documentation. �$ 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. Mall 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 DWO 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 SW U-NE- Mug2010 ♦� t' -�j _ } - - - - - CONCENTRATES 116 Battleground Road Kings Mountain, NC 28086 i�l}�, CGn'�-C}' : I'1'i►ChC�.� � t � x-'�(.�C to �. i�--�Wti1 E'r 2iD-X-5 3 57i0 -6 l,L,�3--ola= Notes Take Hw. 85 to Exit 2 (Kings Mountain Military Park). At bottom of the ramp go NORTH on Battleground Rd, Badger Color is the first company on the LEFT, it is gated and unmarked as yet. The Gates will be - oSe(� koc. A r5 c CY\S't�kOAACV. -}e0-v,-)5 ctry" ve. ;icvrr-z,n\1,-� V&(IL -i t. A. F 4e Y S P - v' s c� • f � h �� Y �_ � i - t � � h fJ.02012 Maoauesl ':Portions q •F ti v� y 4 �24 � i t 1 y hn r 12 Sc '' �# 2 h AY : CO: lntemleiD LT&ms Page 1 of 56 116 Battleground Road, Kings Mountain, North Carolina 31 ALL APPROPRIATE INQUIRY PHASE ONE ENVIRONMENTAL SITE ASSESSMENT Conducted at: Industrial Property 116 Battleground Road Kings Mountain, North Carolina Prepared by: Mionx Corporation Arlington Heights, Illinois Month of Completion: February 2012 n Mionx Corporation Page 29 of 56 Allaxr Corporalim 1l6 Battleground Road, Kings Mountain, North Carolina Record of Claims: ✓ No record of claims, litigation, spills, non-compliance, complaints, etc., relating to environmental practices, have been issued, sent or made available to Mionx Corporation for the Property. Conclusions and Recommendation MIONX CORPORATION has performed this All Appropriate Inquiry Phase One Environmental Site Assessment in conformance with the scope and limitations of 40 CFR Part 312, ANSIASO 14010, ASTM 1527-05, ASTM 2600-08, ASTM 2600-10, Mionx has ;nade the appropriate inquiry of Recognized Environmental Conditions -,'in an attempt to satisfy the environmental due diligence requirements ofCERCLA. ✓ Based on observations made, information reviewed and interviews conducted during the course of this Phase One Environmental Site Assessment, there are no obvious or apparent environmental concerns associated with this site. Page 30 of 56 Mionx Corlwrrttlon 116 Battleground Road, Kings Mountain, North Carolina Certd catiolTS MIONX CORPORATION certifies to First American Bank that this Phase I Environmental Site Assessment was performed at 116 Battleground Road, Kings Mountain, North Carolina, in conformance with the scope and limitations of ASTM 1527-05, ASTM 2600-08, ASTM 2600-10, and 415 ILCS 5122.20)(6)(E). This assessment has revealed no evidence of recognized environmental conditions in connection with the property. I, Duane Clark, declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in Sec. 312.10 of this part. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312, ANSI/ISO 14010, ASTM 1527-05, ASTM 2600-08, ASTM 2600-10, Each of the persons signing this All Appropriate Inquiry Phase One Environmental Site Assessment, individually and separately, affirms that the facts stated in this All Appropriate Inquiry Phase One Environmental Site Assessment are true. This affirmation is made under penalty of perjury, as defined in Section 32-2 of the Criminal _ Code of 1961. Each person recognizes that it is perjury to sign this All Appropriate - Inquiry Phase'i3ne=Envi'ronmental-Site-Assessment if'ifdontains i `false-mater�al statement that such signatory does not believe to be true. Affwzel 6G ,41, MS, CHCM 0 Allocco, Marcia From: Allocco, Marcia Sent: Monday, June 25, 2012 10:31 AM To: Immadey@badgercolor.com' Cc: Lowther, Brian Subject: North Carolina No -Exposure Request Mr. Madey, Thank you for taking the time this morning to chat with me regarding your planned facility in Kings Mountain, NC. As we discussed your planned operational start date is September 2012. Once you begin operations let me know so I can schedule a site visit to verify the No -Exposure conditions at your facility. If you have any questions before then feel free to contact me using the information below. Regards, Marcia Allocco Marcia Allocco, MS - Environmental Chemist NC Dept. of Env. & Natural Resources (NCDENR) Division of Water Quality - Surface Water Protection Group 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2204 Fax: (704) 663-6040 marcia.allocco ncdenr. ov _www. ncwatergualitY.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Tracking: