HomeMy WebLinkAboutNCGNE1246_COMPLETE FILE - HISTORICAL_20180406NORTH CAROLINA
Department of Environmental Quai
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
NCGNE
DOC TYPE
[§' HISTORICAL FILE
DOC DATE
❑ cgDl 4 Q&
YYYYMMDD
Division of Energy, Mineral and Land Resources
Land Quality Section
National Pollutant Discharge Elimination System
NO EXPOSURE CERTIFICATION for Exclusion
Energy, Mineral NCCNE0000
and Land Resources
ENVIRONMENTAL QUALITY
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FOR AGENCY USE NI.Y FOR nCrliNCY USE ONLY
Bate Reccked
Year
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Certificate 61,Ca,enge
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RECEIVED
APR 0 6 2018
DENR-LAND QU LITY .
National Pollutant Discharge Elimination System application for exclusion fromr@[§WR?� TI.��
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, DEMLR 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Exposure Certification and your NPDES permit is rescinded, your facility must continue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. Ir
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).
If approved, your conditional No Exposure Exclusion has no expiration date
BUT MUST BE self re -certified at least annually.
Please look for information about re -certification under the No Exposure section on this page:
httosaldea. nc.aovlaboutldivisionslenerov-mineral-land-resourceslenerav-mineral-land-cermitslstormwater-
permitslnpdes-industrial-sw
For questions, please contact the DEMLR 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: E. J. Victor, Inc.
Contact: Terrie Peeler
Street Address: PO Box 309
City: Morganton
Telephone No.: (828) 437-1991
State: NC Zip Code:
Fax: (828) 438-0744
28680-0309
Page 1 of 7
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NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name:
E_ J. Victor, Inc.
Facility Contact:
Terrie Peeler _
Street Address;
1020 N. Green Street
City:
Morganton
County:
Burke
Telephone No.:
828) 437-1991
3) Physical location information:
State: NC Zio Code, 28655
Fax: (828) 438-0744
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 Raleigh: Take 1-40 W (182.9 Miles). Take the NC-
18 exit EXIT 105 toward Morganton, Shelby 0.2 Miles). Turn right onto NC-181S Sterling St. Continue to
follow NC-18 (2.5 Miles).Stay straight to go onto NC-1811N Green St.(2 Miles).Turn right into N. Green front
parking l yA copy of a snap with the Facility clearly located on it should be included with the
certification application.)
4) Is the facility located on Native American Lands? ❑ Yes Z No
5) Is this a Federal facility? ❑ Yes Z No
6) Latitude 35 deg. 45' 16.88" Longitude -81 deg_ 43' 4.55" (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
® Existing Date operation began 01/0112000
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes ® No
1f 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: 2 5 12
10) Provide a brief description of the types of industrial activities and products produced at this facility:
upholstered furniture manufacturing
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
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NCGNE0000 No Exposure Certification
Exposure Checklists (12. - 14J
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 spilislleaks ❑ 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 loading/unloading or transporting activities ❑ Yes ® No ❑ N/A
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 M 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?
Page 3 of 7
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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
(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 111 Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals*?
d. Is secondary containment provided for hazardous substances** designated in 40
CFR §116?
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: waste paint, lacquer thinner, used flourescent bulbs
How is material stored: in closed 55 gallon drums
Where is material stored: outside under cover
How many disposal shipments per year: 4-6
E Yes ❑ No ❑ N/A
❑ Yes ❑ No ® NIA
E Yes ❑ No ❑ NIA
E Yes ❑ No ❑ NIA
❑ Yes ® No ❑ NIA
E Yes ❑ No ❑ NIA
❑ Yes E No ❑ NIA
Name of transport/ disposal vendor: Freehold Cartage Inc. -transporter, GRR-disposal vendor
Vendor address: Giant Resource Recovery, 755 Industrial Rd., PO Box 1755, Sumter, SC 29150
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
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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 ® 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: painting furniture
e. If you answered yes to d., are those emissions permitted by an Air Quality
® Yes ❑ No O NIA
Permit? Please specify: permit #08773
f. Please fist any other environmental program permits (federal, state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.):
Permit: NCR000011122 Program: Hazardous Waste
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Permit. Program:
Permit: Program:
Page 5 of 7
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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 storrrtwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2))_
understand that I am obligated to maintain no exposure conditions and complete a Self -Recertification form at least once
each year, and if requested, provide this certification 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
Energy, Mineral, and Land Resources, 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. I understand I
must keep a copy of annual re -certifications on file at the facility.
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: Terrie N. Peeler
Title: Human Resources Manager/MESH
-72 ,�� - 0 0 3 18
(Signature of Applicant) (Date Signed)
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDEQ 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 tan thousand dollars ($10,000),
There is currently no fee for a No Exposure Exclusion.
Page 6 of 7
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NCGNEOOOO 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 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 Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DEMLR Regional Office for your area. ,
DEML.R 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) 776-9800
Central Office..
(919) 707-9220
Page 7 of 7
SWI I.Nr.('NF I act mvicar{ Qf2Al201F,
Permit: NCGNE1246
SOC:
County: Burke
Reglon: Asheville
Contact Person: Terrie Peeler
Directions to Facility:
System ClasalTcatlons:
Primary ORC:
Secondary ORC(s):
On -Site Rep rose ntative(s):
Related Permits:
Compliance Inspection Report
Effective: Expiration: Owner: E J Victor Inc
Effective: Expiration: Facility: E.J_ Victor, Inc.
1020 N Green St
Morganton NC 28655
Title: Phone: 828-437-1991
Inspection Date: 04/04/2018
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification: Phone:
Entry Time: 11:30AM Exit Time: 12:OOPM
Phone: 828.296-4614
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: Compliant ❑ Not Compliant
Question Areas:
Miscellaneous questions Misc
(See attachment summary)
Page: 1
(90
00
Permit: NCGNE1246
Owner - Facility: E J Victor Inc
Inspection Date: 04/04/2018
Inspection Type : Compliance Evaluation
Reason for Visit: Routine
Inspection Summary:
The Division has reviewed your application for a No Exposure Certification for Exclusion (NE) for the subject facilities. Based
on the information provided and a site visit conducted on April 4, 2018, the NE has been approved.
Please note that you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your
facility can no longer qualify for a NE, 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 NE does not
expire. In order to help assure that your facility stays in compliance with all of the conditions in the Certification, you must
self -recertify your facility at least annually. Please see the attachment for information on self -recertification.
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 Isaiah Reed at (828) 296-4500.
Page: 2
I
••
Permit: NCGNE1246
Inspection Date: 0410412018
Misc
Is the facility compliant?
Comment:
Owner - Facility: E J Victor Inc
Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Yes No NA NE
❑ ❑ ❑
Page: 3
A) ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON, JR.
Interim Director
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
March 6, 2018
E. J. Victor, Inc.
Attention: Terrie Peeler
Post Office Box 309
Morganton, North Carolina 28680
Subject: No -Exposure Certification - Disapproval
NCGNE1246
E. J. Victor, Inc.
Burke County
Dear Ms. Peeler:
The Division has reviewed your application for a No Exposure Certification for Exclusion (NE) from NPDES
Stormwater Permitting for the subject facility.
Based on an inspection of your facility on January 11, 2018, Asheville Regional Office staff found that industrial
activities or materials on your site either are exposed, or have the potential to be exposed to stormwater discharge.
The Division of Energy Mineral and Land Resources is unable to grant your requested exemption from permit
coverage when industrial activities or materials are exposed or have the potential to be exposed. Please see
attached inspection report.
Without the No Exposure Certification, this facility will need to be covered by a General or Individual Permit.
The facility must be registered with the Division of Energy, Mineral, and Land Resources -by the filing of a
Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued
prior to any discharge of stormwater associated with industrial activity that has a point source discharge to the
surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make application for an
individual NPDES permit in accordance with NPDES procedures in 1 SA NCAC 2H .0100, stating the reasons
supporting the request. Any application for an individual permit should be made at least 180 days prior to
commencement of discharge.
State of North Carolina I Environ rental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanoa, NC 28778-8211
829 296 4500 T
E.J. Victor, Inc.
NCGNE 1246
March 6, 2018
Page 2 of 2
If you have any questions or need further information, please contact Isaiah Reed at (828) 296-4500, or at
Isaiah.Reed@edenr.gov.
Sincerely,
for William E. V- • san, Jr.
Interim Director
Enclosure: Inspection Report
ec: Bethany Georgoulias, Environmental Engineer, Stormwater Program, bethany.geor oulias a,nedenr.y
Permit: NCGNE1246
SOC:
County: Burke
Region: Asheville
Contact Person: Terrie Peeler
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
0 40
Compliance Inspection Report
Effective: Expiration: Owner: E J Victor Inc
Effective: Expiration: Facility: E.J. Victor, Inc.
1020 N Green St
Inspection Date: 01/11/2018
Primary inspector: Isaiah L Reed
Secondary Inspector(s):
Morganton NC 28655
Title: Phone: 828-437-1991
Certification: Phone:
EntryTime: 10:OOAM Exit Time: 11:OOAM
Phone: 828-296-4614
Reason for Inspection: Other Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Miscellaneous Questions Misc
(See attachment summary)
Page: 1
permit: NCGNE1246 Owner - Facility:E J Victor Inc
Inspection Date: 01111/2018 Inspection Type : Compliance Evaluation Reason for Visit: Other
Inspection Summary:
On January 11, 2018 this site was inspected for compliance with the condition of the No
Exposure Certification. During the inspection it was noted that:
-Various areas in the rear parking lot were used for storing industrial material including steel
framing and used pallets. If this material is removed in the future, this facility could acquire the
No Exposure certification. But in its current condition, No exposure cannot be granted.
Please respond to this letter within 45 days of receipt if you plan to address these issues and pursue a NEC.
Without the No Exposure Certification, this facility will need to be covered by a General or Individual Permit. The facility must
be registered with the Division of Energy, Mineral, and Land Resources by the filing of a Notice of Intent (NOI) and applicable
fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with
industrial activity that has a point source discharge to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual
NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request.
Any application for an individual permit should be made at least 180 days prior to commencement of discharge.
Page: 2
0 0
Permit: NCGNE1246 Owner - Facility: E J Victor [no
Inspection Date: 01111/2018 Inspection Type : Compliance Evaluation Reason for Visit: Other
Misc
Is the facility compliant?
Comment: Please See Summary for further information.
Yes No NA NE
❑■❑❑
Page: 3
Division of Energy, Mineral and Land Resources
Land Quality Section
National Pollutant Discharge Ellm n ystem
FOR AGINCY USF; ONLY
Date Recci%rcd
Year Month pa? -
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based on NO EXPOSURE.
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Permit'N t
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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, DEMLR 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
banned 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).
If approved, your conditional No Exposure Exclusion has no expiration date
BUT MUST BE self re -certified at least annually.
Please Took for information about re -certification under the No Exposure section on this page:
htths:lide .ne oviabou}Jdivisionslenergv-mineral-land-resourceslenergy-mineral-land-permitsistormwater-
permitsinpdes-ind ustrlal-sw
For questions, please contact the DEMLR 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. J. Victor, Inc.
Contact: Tefrie Peeler
Street Address: PO Box 309
City: _Morq�inton State: NC — Zip Code:
Teiephone No.: (828) 437-1991 Fax. (828) 438-0744
28680-0309
Page 1 of 7
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NU LXI USUR1_ CLR 111 IC ON for Exclusion VIrnr..�
NCC U00 p`
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based on NO EXPOSURE.
1. ^) 'Z91?
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Permit'N t
.::N1,r111 ii
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, DEMLR 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
banned 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).
If approved, your conditional No Exposure Exclusion has no expiration date
BUT MUST BE self re -certified at least annually.
Please Took for information about re -certification under the No Exposure section on this page:
htths:lide .ne oviabou}Jdivisionslenergv-mineral-land-resourceslenergy-mineral-land-permitsistormwater-
permitsinpdes-ind ustrlal-sw
For questions, please contact the DEMLR 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. J. Victor, Inc.
Contact: Tefrie Peeler
Street Address: PO Box 309
City: _Morq�inton State: NC — Zip Code:
Teiephone No.: (828) 437-1991 Fax. (828) 438-0744
28680-0309
Page 1 of 7
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NCGNE0000 No ExposurArtification
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2) Location of facility producing discharge:
Facility Name: E. J. Victor, Inc.
Facility Contact: Terrie Peeler
Street Address: 1020 N. Green Street
City: Morganton
County: Burke
State: NC Zip Code: 28655
Telephone No.: (82) 437-1991 Fax: (828) 438-0744
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 Raleigh: Take 1-40 W (182.9 Miles). Take the NC-
18 exit. EXIT 105. toward Moraanton. Shelbv (0.2 Miles). Turn riaht onto NC-181S Sterlina St. Continue to
follow NC-18 (2.5 Miles).Stay straight to go onto NC-1811N Green St.(2 Miles).Turn right into N. Green front
parking lot.(A copy cif a map with the facility clearly located on it should be included with the
certification application.) . J�1 I
4) Is the facility located on Native American Lands? El Z No — rf j G Q
5) Is this a Federal facility? ❑ Yes Z No ! 1 [ 9
g�
6) Latitude 35 deg 45' 16.88" Longitude -81 de . 43' 4.55" (deg., min., seconds)
7) This NPDES No Exposure Exclusion application appties to which of the following:
J._; New or Proposed Facility Date operation is to begin
Z Existing Date operation began 01/01/2000
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered tinder an NPDES Stormwater Permit? ❑ Yes Z 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: 2 5 1 2
10) Provide a brief description of the types of industrial activities and products produced at this facility:
upholstered furniture manufacturing
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
Z No
0 Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
Page 2 of 7
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NCGNE0000 No Exp osuretertification
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.10 ,
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 loading/unloading or transporting activities ❑ Yes ® 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 ® 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 21 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
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
® Yes ❑ No ❑ NIA
RW I I-Nr.r;NF
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NCGNE0000 No Exposure�ertification
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
(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?
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: waste paint, lacquer thinner, used flourescent bulbs
® Yes ❑ No ❑ NIA
❑ Yes ❑ No ® NIA
® Yes ❑ No ❑ NIA
® Yes ❑ No ❑ NIA
❑ Yes ® No ❑ NIA
® Yes ❑ No ❑ NIA
❑ Yes ® No ❑ NIA
How is material stored: in closed 55 gallon drums
Where is material stored: outside under cover
How many disposal shipments per year: 4-6
Name of transport 1 disposal vendor: Freehold Cartage Inc. -transporter, GRR-disposal vendor
Vendor address: Giant Resource Recovery, 755 Industrial Rd., PO Box 1755, Sumter, SC 29150
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,
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NCGNE0000 No ExposurdOrtifiTation
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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 ❑ 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: painting furniture
e. if you answered yes to d., are those emissions permitted by an Air Quality Z Yes ❑ No ❑ NIA
Permit? Please specify: permit #08773
f. Please list any other environmental program permits (federal, state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.):
Permit: NCR000011122 Program; Hazardous Waste
Permit: Program:
Permit; Program;
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Page 5 of 7
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NCGNE0000 No ExposureOrtification
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 maintain no exposure conditions and complete a Self-Recerti_ficatian form at least once
each year, and if requested, provide this certification to the operator of the local municipal separate storm sewer system
(MS4) into which the facility discharges (where appftable). I understand that I must allow the North Carolina Division of
Energy, Mineral, and Land Resources, or M34 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. I understand I
must keep a copy of annual re -certifications on file at the facility.
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 appfcation and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing: Terre N. Peeler
Title: Human Resources Manager/MESH
fSignafure of Applicant) (Date Signed)
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDEQ 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 certiflcation 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).
IThere is currently no fee for a No Exposure Exclusion.
Page 6 of 7
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NCGNE0000 No Exposurartiftion •
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 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 Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DEMLR Regional Office for your area.
DEMLR Regional Office Contact Information:
Asheville Office ......
(828) 2.96-4500
Fayetteville Office }F.
(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) 776-9800
Central Office .........
(919) 707-9220
Page 7of7
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August 24, 2017
Owner: BDF PROPERTIES LLC
PO BOX 1244
GLEN ALPINE, NC 28628
Property 1020 N GREEN ST
Address: MORGANTON 28655
PROPERTY_DESC
Burke County, NC
PIN:
1794306988
PIN EXT:
000
REID:
40156
Property Value:
$1.022.406
Acreage:
12.73
Deed Book:
000932
Deed Page:
01610
Deed Date.
08/30/1999
4rnK'r.
0 900 1.800 �.Lu'rj �G
a-
Feet S a
1:12,000
1 inch = 1.000 feet
Ty CARD
Disclaimer the mformation contained on this page is taken from aenal mapping.
fax mapping, and public records and is NOT to ae construed Or used as a survey
or'legefdesmptton' Only a licensed professional land surveyor can legally
determine precrse locations. elevations, length and direction of a line. and areas
August 24, 2017
Owner: BDF PROPERTIES LLC
PO BOX 1244
GLEN ALPINE, NC 28628
Property 1020 N GREEN ST
Address: MORGANTON 28655
PROPERTY_DESC
Burke County, NC
PIN:
1794306988
PIN EXT.
000
RE I D:
40156
Property Value:
$1,022,406
Ac rea ge:
12.73
Deed Book:
000932
Deed Page:
01610
Deed Date:
08/30/1999
0 900 1,800
Feet l
1-112,000
1 inch = 1,000 feet
Disclaimer The information contained on this page 1s taken from aerial mapping,
tax mapping, and public records and NOT to be construed or used as a survey
or'legal d escnphon' Only a licensed professions! land surveyor can legally
determine precise locations, elevabons length and direction of a line, and areas
I
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