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HomeMy WebLinkAboutNCGNE0665_COMPLETE FILE - HISTORICAL_20100114STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE o (D LOS'` DOC TYPE HISTORICAL FILE DOC DATE ❑ nJ b �J L/ YYYYMMDD STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGQK DOC TYPE ❑ HISTORICAL FILE DOC DATE ❑ YYYYM M D D TOWN OF TOPSAIL BEACH 820 S. ANDERSON BLVD. TOPSAIL BEACH, NC 28445 PHONE 910-328-5841 FAX 910-328-1560 FACSIMILE TRANSMITTAL SHEET To: LINDA WILLIS eRoM: TIM HOLLOMAN COMPANY DATE DIVISION OF WATER QUALITY 8/20/1D PAR NUMBER: T07AL NO. OP PAGES INCLUDING COVER: 910-350-2004 3 PN ONE NUMBER SENDER'S REPERENCB NUMRBR:- YOUR RENBRENCB NUMBER: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE OEM North Carolina. Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor . Director August 16, 2010 Mr. Steve,,: Foster Town Of.J.'.)psail Beach 820 S And:•;son Blvd Topsail Beach, N IC 28445 Subject: No -Exposure Certification NCGNE0665 Bush Marina Pender County Dear Mr. Foster: Dee Freeman Secretary 0 As a.current holder of a No -Exposure Certification, please note the following important change to the Division's z implementation of this program. The No -Exposure Certifications no longer will have an expiration date. Previously your o no -exposure exclusion had to be re -certified with the Division every 5 years. This will no longer be required. Please disregard the expiration date on your original certification. However, in order to assure that your facility stays in compliance With all of the conditions in the no -exposure certification, you must self re -certify your facility at least annually. Please see the attachment for information on self re -certification. a, s If you are waiting for a response from the Division for a renewal certification you already submitted, please consider this letter the Division's approval for renewing your. No -Exposure exclusion. Please note that.ihis does not change your obligation 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 x immediately obtain NPDES permit coverage for your stormwater.discharge. Otherwise, the discharge becomes o subject to enforcement as an un-permitted discharge. State statute provides for fines of up to $15,000 per day for. o un-permitted discharges. w 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. o If you have any questions or need further information, please contact your Regional Office, or Robert Patterson in the Stormwater Permitting Unit at (919) B07-6375, robert.patterson@ncdenr.gov. Sincerely, .for Coleen H..Sullins cc: Stormwatet Permitting Unit No -Exposure Files Attachments,. . wathnds and Stommslet Branch 1617 Mall Servte Cmtar, Raleigh, North Carollna 27699-1617 Location: 512 N. Sallsbary Si. Raleigh, North Carollna 27604 : Phone: 919:=.63001 FAX: 919661-6494 4 Gustanar Ser me: 1-B77-623-6748 hbamet muw.nmaterquallltr.org An Er ual OrpcMmfty % AM, w1i s Action EmdMi One NthCarolina Nraturally No -Exposure Self Re -Certification Information: 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 stonnwater discharge: Otherwise, the discharge becomes subject to enforcement as an,un-permitted discharge. State statute.providk. for fines of up to $25,000 per day for un-permitted discharges. Your conditional no -exposure exclusion must be self recertified atieyitpnnually as follows: - Complete the re -certification at a minimum of once per.ye'; using the included Self Re - Certification Form. (additional copies can be downloaded from hltp://portal.ncdenr.orgiweb/wgti s/s6/npdesswkNo_Exposure_NPDES ) - Maintain a record of re -certifications on file at the facility. Do not submit the re -certification to DWQ unless requested. If requested, submit a copy of the re -certification to the Division and/or the municipality in which the facility is located. -During an inspection by DWQ or local government, provide the re -certifications immediately upon request. - Notify the Division of any changes in ownership, significant facility and/or activity changes, or if the facility can.no longer maintain no -exposure. -Allow the NPDES permitting authority or, if discharging into;a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available upon request. * "No exposure" means that all industrial materials and activities are protected by.a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. 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. (40 CFR 122.26(g)) Information and forms related No -Exposure Certifications can be accessed on the website at: htip://portal.ncdenr.org/web/wq/Ws/su/npdessw#No_Exposure_NPDES �o N 0 0 Rev. 2BJU2010 • r :r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Mr. Charles Derrick Town of Topsail Beach 820 S. Anderson Boulevard Topsail Beach, NC 28445 Dear Mr. Derrick: Director January 14, 2010 Subject: No -Exposure Certification NCGNE0665 Topsail Beach Bush Marina Certificate of Coverage: NCG190025 912 S. Anderson Boulevard Fender County Dee Freeman Secretary The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility, 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. We are also hereby rescinding your current permit Certificate of Coverage, NCG190025. 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 (January 14, 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 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 Linda Willis at (910) 796-7343, or at linda.willis@ncdenr.gov. Sincerely, for Coleen H. Sullins cc: Wilmington:Regignal Office_(NCG190:Pender) _i Stormwater Permitting File NCG190025 Stormwater Permitting Unit No- Exposure Files Fran McPherson -Budget Office Wetlands and Stormwater Branch One Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCaroltna Phone: 919.807-63001 FAX: 91M07.64941 Customer Service: 1-877-623-6748 ��tut+K[[ J/ Internet:w .nmaterquality.org An Equal Opportunity 1 ARrmaive Action Employer ✓sr Apa NCDENR Division of Water Quality / Surface National Pollutant Discharge Elimh NO EXPOSURE CERTIFICATION NCGNE0000 QQ em FOR AGENCY USE ONLY Datc Received Ycar Momh Da t7 Cerlificatc of,.ve.gc NO EXPOSURE CERTIFICATION Please check here if this is a renewal: a-1 ENEW AL 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 reapply for the No Exposure Exclusion once every five (5) years. For questions, please contact the DWO Regional Office for your area. (Seepage 6) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed): Name l ow,+ o r A,, Contact Street Address City Telephone No. n ;t a . a L State N, r'_ ZIP Code ;2 f 4q i 5i 32i/•- 5E_fl Fax: 910 329— 15,60 e M,V i" JAN 0 b 2009 Page 1 of 7 SXU REb21'309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. rna�;�y� 0/IU 3zfs- Sti-il Fax: tj IJ 39-9 S-6Cf 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). F ct SP o (uwo 1 'nf IWPSA. L 7xM (A copy of a map with the facirity clearly located on it should be included with the certification application.) 4) Is the facility located on Native Americana Lands? ❑ Yes Zud�No 5) Is this a Federal facility? ❑ Yes No 6) Latitude —39. 3 L. S73 I Longitude 'I I . 6 3, I L ) (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 ff Existing Date operation began ^) S — Q ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? M Yes ❑ No If yes, what is the NPDES Permit Number? 6.1 L` G-- 11 6 0 2 i 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: At 9 q 3 10) Provide a brief description of the types of industrial activities and products produced at this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? dNo ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Sh{— Page 2 of 7 SW U-NE-021309 Last revised 2/13/2009 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 2_60 El N/A 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 A N/A c. Materials or products from past industrial activity ❑ Yes ZNoo 0 N/A e0o d. Material handling equipment (except adequately maintained vehicles) ❑ Yes C 'l N/A ;No e. Materials or products during loading/unloading or transporting activities ❑ Yes 11 N/A f. Materials or products stored outdoors (except final products intended for outside ❑ Yes CfiN—o ❑ 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 e7 No O N/A and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes Y No 0 N/A the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpstersi) ❑ Yes No ❑ N/A j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes O'NNoo ❑ N/A k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes B No ii N/A 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 Cf No o N/A (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 ❑ N/A 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 deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? ❑ Yes r3'N/o a<AA ❑ Yes 4a<. lil A Page 3 of 7 SWU-NE-021309 Last revised 2/13/2009 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 single above ground storage containers ❑ Yes ❑ No 3'N/A (including drums, barrels, etc.) with a capacity of more than 660-gallons? b. Is secondary containment provided for above ground storage containers stored 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 Amendments and Reauthorization Act (SARA) water priority chemicals`? d. Is secondary containment provided for hazardous substances" designated in 40 CFR §116? e. Are release valves on all secondary containment structures locked? 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? b. Is this facility a Small Quantity Generator (less than 1000 kg, of hazardous waste generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste 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. ❑ Yes []No 24 A ❑ Yes ❑ No 211/A ❑ Yes ❑ No a<IA ❑ Yes ❑ No Ca IQ/A ❑ Yes ❑ No FJ'N/A ❑ Yes ❑ No ❑ Yes ❑ No Er' N/A "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-021309 Last revised 2/13I2009 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 ;�1 o�p N/A b. Does your facility have coal piles on site? ❑ Yes 2<0 N/A c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes [_No O N/A sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes No 0 N/A 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 C+1 No o N/A Please specify: I. 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: _ NyAfZk L C i Title:-P,)`i0 i c W 062 KS e = (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-021309 Last revised 2/13I2009